S2129

SENATE, No. 2129

STATE OF NEW JERSEY

INTRODUCED JUNE 5, 1997

By Senator CIESLA

An Act concerning licensing of auto body repair facilities and amending and supplementing P.L.1983, c.360.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1983, c.360 (C.39:13-1) is amended to read as follows:

1. For the purposes of this act:

[a.] "Auto body repair facility" means a business or person who for compensation engages in the business of repairing, removing, [or] installing or painting integral component parts of [an engine, power train,] a chassis[,] or body of [an automobile] a motor vehicle damaged as a result of a collision.

[b. "Automobile" means a private passenger automobile of a private passenger, station wagon, or van type that is owned or hired and is neither used as public or livery conveyance for passengers nor rented to others with a driver; and a motor vehicle with a pickup body, a delivery sedan or a panel truck or a camper type vehicle used for recreational purposes owned by an individual or by husband and wife who are residents of the same household, not customarily used in the occupation, profession or business of the insured other than farming or ranching. An automobile owned by a farm family copartnership or corporation which is principally garaged on a farm or ranch shall be considered a private passenger automobile owned by two or more relatives resident in the same household.]

[c.] "Director" means the Director of the Division of Motor Vehicles in the Department of [Law and Public Safety] Transportation.

"Motor vehicle" means a vehicle as defined in R.S.39:1-1 and which is required to be registered with the Division of Motor Vehicles, excluding motorcycles.

(cf: P.L.1985, c.148, s.22)

2. Section 3 of P.L.1983, c.360 (C.39:13-3) is amended to read as follows:

3. The director shall, on his own initiative or in response to complaints, investigate on a continuing basis and gather evidence of violations of this act and of any regulation adopted pursuant to this act by auto body repair facilities.

The director may contract with a private party to provide investigation, inspection and recommendation services to the division, provided the private party is experienced in the equipping and operation of auto body repair facilities, charges less for these services than the division would incur with its own employees and the director is satisfied that the services will be rendered fairly and solely in the best interests of the State of New Jersey. An auto body repair facility trade group or association may be considered by the director to provide these services.

(cf: P.L.1985, c.148, s.24)

3. Section 4 of P.L.1983, c.360 (C.39:13-4) is amended to read as follows:

4. The director may fine or refuse to grant or may suspend or revoke a license of an auto body repair facility for any of the following acts or omissions related to the conduct of the business of [auto body repair done by] the auto body repair facility:

a. Making or authorizing any material written or oral statement which is known to be untrue or misleading;

b. Causing or allowing a customer to sign any estimate for repairs which does not state the repairs requested by the customer or the [automobile's] motor vehicle's odometer reading at the time of repair;

c. Failing to provide a customer with a copy of any estimate or document requiring his signature, as soon as a customer signs the estimate or document;

d. Making false promises or representations intended to influence, persuade, or induce a customer to authorize a repair of [an automobile] a motor vehicle which has been damaged as a result of a collision;

e. Giving an adjuster or appraiser directly or indirectly any gratuity or other consideration in connection with his appraisal service;

f. Making appraisals of the cost of repairing [an automobile] a motor vehicle which has been damaged as a result of a collision through the use of photographs, telephone calls, or any manner other than personal inspection;

g. Making an estimate for repairs or charging for repairs in such amount as to compensate the insured for the cost of the deductible applicable under the [automobile] motor vehicle insurance policy;

h. A pattern of conduct which includes any of the acts or omissions prohibited in this section or any other unconscionable or fraudulent commercial practice prohibited by the director pursuant to regulations promulgated under the provisions of this act;

i. Failing to maintain its equipment and facilities in good operating condition, or failing to keep in force and effect any permits, accreditation or insurance required before an auto body repair facility license may be granted;

j. Operating an auto body repair facility without a license as required pursuant to section 2 of P.L.1983, c.360 (C.39:13-2).

(cf: P.L.1985, c.148, s.25)

4. Section 5 of P.L.1983, c.360 (C.39:13-5) is amended to read as follows:

5. Upon refusal to grant a license or suspension or revocation of a license of an auto body repair facility, the director shall notify the auto body repair facility in writing by registered mail. The auto body repair facility shall be given a hearing by the director if, within [60] 30 days thereafter, it files with the director a written request for a hearing concerning the refusal to grant a license or suspension or revocation of the license.

(cf: P.L.1985, c.148, s.26)

5. Section 6 of P.L.1983, c.360 (C.39:13-6) is amended to read as follows:

6. The director may issue and cause to be served, upon an auto body repair facility charged with a violation of P.L.1983, c.360 (C.39:13-1 et seq.), an order requiring the auto body repair facility to cease and desist operations and the director may impose upon an auto body repair facility violating this act a civil penalty of not more than [$2,000.00] $5,000 each for the first offense and not more than [$5,000.00] $20,000 each for the second and each subsequent offense. The civil penalty shall be issued for and recovered by and in the name of the director and shall be collected and enforced by summary proceedings pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.).

(cf: P.L.1985, c.148, s.27)

6. (New section) There shall be two classes of auto body repair facility licenses, a full service license and a motor vehicle dealer sublet license. Auto body repair facilities holding a license issued prior to the effective date of this amendatory and supplementary act shall have one year from that date to satisfy the requirements for a full service or motor vehicle dealer sublet license.

7. (New section) a. To qualify for a full service license an auto body repair facility shall:

(1) Have a building suitable for the conduct of all operations within the building, and a Certificate of Occupancy for an auto body repair facility issued by the applicable zoning authority. In the absence of evidence to the contrary, public operation as an auto body repair facility for a continuous period of five years shall create a presumption of compliance;

(2) Have all required licenses, permits and registrations required for the conduct of business including, but not limited to: a federal tax identification number; a New Jersey sales tax identification number; hazardous waste disposal systems; stack permits; and any other licenses, permits and registrations as the director may find applicable;

(3) Maintain insurance necessary to protect customers' property, and provide the public and employees with remedies for liability arising from the operation including, but not limited to: garage keepers' liability insurance in a minimum amount of $300,000; workers' compensation insurance coverage in the amounts required pursuant to R.S.34:15-1 et seq.; and fire insurance;

(4) Possess and maintain an auto body repair facility reference source for estimating the cost of repairs in either book or computerized form which is accepted by the industry;

(5) Possess and maintain equipment to safely raise and support vehicles for inspection and repair;

(6) Possess and maintain a metal inert gas welder;

(7) Possess, maintain and utilize for all spray painting:

(a) an enclosed area for refinishing which complies with all applicable safety, fire, environmental and other regulations;

(b) the means to supply fresh air to workers within the spray area when using materials that require breathable air to be supplied; and

(c) a filtration method to reduce particles from the air exhausted from the spray area which is accepted by the industry;

(8) Have equipment or the means for structural repair including, but not limited to: equipment to make multiple body and chassis pulls to straighten damaged vehicle components; equipment to anchor a unibody vehicle at four points; a three dimensional measuring device suitable to measure structural dimensions of symmetrical and non-symmetrical vehicles; and dimensional guides appropriate to the vehicles being repaired;

(9) Have equipment or the means for performing vehicle four-wheel alignment;

(10) Have (a) equipment or the means for vehicle air conditioner servicing including the means to evacuate, recycle, and recharge refrigerants and (b) a technician-employee certified to perform such repairs;

(11) Have equipment or the means to make collision related mechanical repairs; and

(12) Provide evidence that at least one employee or ten (10%) percent, whichever is greater, of the employees performing repairs at the auto body repair facility have completed a recognized auto body repair related training course during the year immediately preceding the application for or renewal of licensure as a full service auto body repair facility. Training courses available through ICAR (Inter-Industry Conference on Auto Collision Repair) or any other group approved by the director shall qualify to satisfy this requirement.

b. An applicant for a full service auto body repair facility license which does not have the equipment to satisfy the requirements of subsection a. of this section may satisfy those requirements provided the auto body repair facility has entered into a written agreement to have the auto body repairs performed by an auto body repair facility that is licensed as a full service auto body repair facility pursuant to the provisions of P.L.1983, c.360 (C.39:13-1 et seq.) and this amendatory and supplementary act.

8. (New section) A person which sells new motor vehicles under an agreement with a motor vehicle manufacturer and which does not satisfy the equipment requirements of section 7 of this amendatory and supplementary act may qualify for a motor vehicle dealer sublet license if there is a written agreement between the motor vehicle dealer and an auto body repair facility licensed pursuant to the provisions of section 7 of this amendatory and supplementary act to perform auto body repairs in which the motor vehicle dealer agrees to use only the auto body repair facility listed on the license application to perform those repairs.

9. (New section) Applications for a full service auto body repair facility license or a motor vehicle dealer sublet license shall be reviewed by the director and a license issued or denied within 90 days following receipt by the director of the completed application and supporting documents.

10. (New section) Within 180 days of the effective date of this amendatory and supplementary act the director shall promulgate regulations, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of this amendatory and supplementary act and to revise any existing regulations to make them consistent herewith.

11. This act shall take effect on the 180th day following enactment, except that section 10 shall take effect immediately.

STATEMENT

This bill amends the current auto body repair facility licensing law and establishes minimum standards a facility must meet in order to qualify for licensure. It creates two classes of licenses: a full service license and a motor vehicle sublet license. The bill strengthens current auto body repair facility enforcement provisions and provides for the privatization of inspection and reporting activities currently performed by the Division of Motor Vehicles.

Concerns licensing of auto body repair facilities.