Cal. Code Regs. tit. 16 § 3353

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 3353 - Estimate/Work Order Requirements

An estimate shall be provided to and authorized by the customer before any work commences. The estimate shall meet the requirements of Business and Professions Code section 9884.9 as well as the following:

(a) Estimate for Parts and Labor. Every automotive repair dealer shall give to each customer an estimate containing the estimated price for parts and labor for a specific job prior to obtaining authorization. Each part listed in the estimate shall be new unless specifically identified as a used, rebuilt, or reconditioned part.
(b) Estimate for Auto Body or Collision Repairs. Every automotive repair dealer, when doing auto body or collision repairs, shall give to each customer an itemized estimate containing the estimated price for parts and labor for a specific job. Parts and labor shall be described separately and each part shall be listed in the estimate. Each part listed in the estimate shall be new unless specifically identified as a used, rebuilt or reconditioned part. Each new replacement crash part listed in the estimate shall be an original equipment manufacturer (OEM) part unless specifically identified as a non-OEM aftermarket crash part.
(c) Teardown Estimates.

If it is necessary to tear down a vehicle or vehicle component in order to diagnose, the automotive repair dealer shall do all of the following:

(1) Estimate of teardown. The automotive repair dealer shall first give the customer an estimate for the teardown and obtain authorization for the teardown. The estimate shall include the following:
(A) The cost of reassembling the vehicle or component.
(B) The cost of all parts and labor necessary to replace items that are normally destroyed by teardown of the vehicle or component such as gaskets, seals and O rings.
(C) If applicable, notification that the act of teardown might prevent the restoration of the vehicle or component to the condition in which it was provided by the customer.
(D) The maximum time it will take the automotive repair dealer to reassemble the vehicle or component in the event the customer elects not to proceed with the repair or maintenance of the vehicle. The automotive repair dealer shall reassemble the vehicle or component within the time period specified in the teardown estimate. The maximum time shall be counted from the date of authorization of the teardown.
(2) Itemized estimate for repair after teardown. Upon completion of the teardown, the automotive repair dealer shall give the customer an itemized estimate for labor and parts necessary for the required repair. The automotive repair dealer shall then obtain the customer's authorization for either repair or reassembly before any further diagnosis or repair is done or charges accrue.
(3) If, after teardown, a customer declines repair or reassembly, the automotive repair dealer shall, as applicable, document on the teardown invoice that the customer declined repair or reassembly.
(d) Sublet Disclosure. No automotive repair shall be done by someone other than the automotive repair dealer or his or her employees without the consent of the customer, unless the customer cannot reasonably be notified. An automotive repair dealer shall include with the estimate a statement of any sublet repair to be performed on the vehicle. If requested by the customer, an automotive repair dealer shall disclose the name and location of the facility performing the sublet repair.

Cal. Code Regs. Tit. 16, § 3353

1. Amendment filed 6-26-74; designated effective 8-1-74 (Register 74, No. 26).
2. Amendment of subsection (b) and new subsection (c) filed 6-9-78; effective thirtieth day thereafter (Register 78, No. 23).
3. Repealer and new section filed 10-27-82; effective thirtieth day thereafter (Register 82, No. 44).
4. Redesignation of former Article 7 (Section 3365) to new Article 7 (Sections 3353-3358) filed 2-22-83; effective thirtieth day thereafter (Register 83, No. 9).
5. Amendment of subsections (d) and (d)(1) filed 5-9-96; operative 6-8-96 (Register 96, No. 19).
6. Amendment of subsection (a) and NOTE filed 10-20-97; operative 11-19-97 (Register 97, No. 43).
7. Amendment of section and NOTE filed 5-2-2002; operative 6-1-2002 (Register 2002, No. 18).
8. Amendment of subsection (c), new subsections (f)-(f)(6), subsection relettering and amendment of newly designated subsection (g) filed 4-17-2006; operative 5-17-2006 (Register 2006, No. 16).
9. Amendment filed 9-13-2018; operative 9-13-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 37).
10. Change without regulatory effect amending subsection (a) filed 6-4-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 23).

Note: Authority cited: Sections 9882 and 9884.9, Business and Professions Code. Reference: Sections 9884.8, 9884.9, 9889.50 and 9889.52, Business and Professions Code.

1. Amendment filed 6-26-74; designated effective 8-1-74 (Register 74, No. 26).
2. Amendment of subsection (b) and new subsection (c) filed 6-9-78; effective thirtieth day thereafter (Register 78, No. 23).
3. Repealer and new section filed 10-27-82; effective thirtieth day thereafter (Register 82, No. 44).
4. Redesignation of former Article 7 (Section 3365) to new Article 7 (Sections 3353-3358) filed 2-22-83; effective thirtieth day thereafter (Register 83, No. 9).
5. Amendment of subsections (d) and (d)(1) filed 5-9-96; operative 6-8-96 (Register 96, No. 19).
6. Amendment of subsection (a) and Note filed 10-20-97; operative 11-19-97 (Register 97, No. 43).
7. Amendment of section and Note filed 5-2-2002; operative 6-1-2002 (Register 2002, No. 18).
8. Amendment of subsection (c), new subsections (f)-(f)(6), subsection relettering and amendment of newly designated subsection (g) filed 4-17-2006; operative 5-17-2006 (Register 2006, No. 16).
9. Amendment filed 9-13-2018; operative 9/13/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 37).
10. Change without regulatory effect amending subsection (a) filed 6-4-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 23).