Current through Register 2024 Notice Reg. No. 52, December 27, 2024
(a) Exceeding Original Estimate. Except as
provided in subsection (c), before any additional diagnosis or repair is
commenced, and before any additional charges accrue for labor or parts in
excess of the original estimated and authorized price, the automotive repair
dealer shall:
(1) give the customer an
estimate that describes all additional parts and labor, provides the cost of
all additional parts and labor, and provides a total revised cost;
and
(2) obtain customer
authorization and record the authorization as specified in sections
3353.1 and
3356 of this Article and section
9884.9
of the Business and Professions Code.
(b) Revising an Itemized Work Order. If the
customer has authorized repairs according to a work order on which parts and
labor are itemized, the automotive repair dealer shall not change the method of
repair or parts supplied without written, oral, or electronic authorization
from the customer. The authorization from the customer shall be recorded as
provided in section
3353.1 and section
9884.9
of the Business and Professions Code.
(c) Designation of Person to Authorize
Additional Diagnosis, Repair, or Parts. When a customer, pursuant to
subdivision (d) of section
9884.9
of the Business and Professions Code, designates another person to authorize
repairs not estimated or parts not included in the estimate given to the
customer, all of the following shall apply:
(1) The designation may be either a separate
form or incorporated into the automotive repair dealer's work order and must
include, at a minimum, all of the following:
(A) The following title: "DESIGNATION OF
PERSON TO AUTHORIZE ADDITIONAL DIAGNOSIS, REPAIR, OR PARTS.";
(B) The following statement: "I hereby
designate the individual named below to authorize any additional work not
specified or parts not included in the original estimate for parts and
labor.";
(C) The name of the
designee;
(D) The contact
information for the designee;
(E)
The customer's signature;
(F) The
date of signing; and
(G) The work
order number.
(2) The
automotive repair dealer shall not accept from the customer the designation of
any person or entity not eligible to be a designee under subdivision (d) of
section
9884.9
of the Business and Professions Code. Ineligible designees include the
automotive repair dealer providing repair services, an insurer involved in a
claim that includes the motor vehicle being repaired, and any employees,
agents, and persons acting on behalf of the automotive repair dealer or
insurer.
(3) The completed and
signed designation form shall be distributed as follows:
(A) A copy of the form shall be given to the
customer with the customer's copy of the work order as soon as the customer
signs it as required by paragraph (3) of subdivision (a) of section
9884.7
of the Business and Professions Code.
(B) The original shall be retained with the
automotive repair dealer's copy of the work order, if not incorporated therein,
pursuant to section
9884.11
of the Business and Professions Code and section
3358.
(4) An automotive repair dealer may accept
authorization for additional work from either the customer or the customer's
designee.
(5) When authorization
for additional work or parts not estimated is obtained from a customer's
designee, it shall be obtained and recorded in compliance with subsection (a)
of this section before any additional work not included in the original
estimate is done, parts not estimated are supplied, or costs accrue to the
customer.
1. New
section filed 9-13-2018; operative 9-13-2018 pursuant to Government Code
section
11343.4(b)(3)
(Register 2018, No. 37). For prior history, see Register 82, No.
44.
Note: Authority cited: Sections
9882
and
9884.9,
Business and Professions Code. Reference: Sections
9884.8
and
9884.9,
Business and Professions Code.
