SB-0357, As Passed Senate, October 22, 2015

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 357

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1974 PA 300, entitled

 

"Motor vehicle service and repair act,"

 

by amending sections 2 and 10 (MCL 257.1302 and 257.1310), section

 

2 as amended by 1988 PA 254 and section 10 as amended by 2000 PA

 

366, and by adding sections 6a and 10a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Administrator" means the secretary of state or any person

 

individual designated by him or her the secretary of state to act

 

in his or her place.

 

     (b) "BAIID mechanic" means a specialty mechanic who holds a

 

certification from the department under section 10 to perform BAIID

 

service.

 


     (c) "BAIID service" means the installation, removal, repair,

 

or other servicing of breath alcohol ignition interlock devices.

 

     (d) "Breath alcohol ignition interlock device" or "BAIID"

 

means that term as defined in section 20d of the Michigan vehicle

 

code, 1949 PA 300, MCL 257.20d.

 

     (e) (b) "Department" means the department of state.

 

     (f) (c) "Master mechanic" means a motor vehicle mechanic or

 

specialty mechanic who is certified by the department pursuant to

 

under this act in all of the specific repair or service categories

 

described in section 10(1).

 

     (g) (d) "Motor vehicle" means a vehicle which that is self-

 

propelled, a vehicle which that is propelled by electric power, a

 

motorcycle, or a trailer, as those terms are defined in the

 

Michigan vehicle code, Act No. 300 of the Public Acts of 1949, as

 

amended, being sections 257.1 to 257.923 of the Michigan Compiled

 

Laws. 1949 PA 300, MCL 257.1 to 257.923. For the purposes of this

 

act, a motor vehicle does not include the dwelling or sleeping

 

portions of a motor home, trailer, or any recreational vehicle

 

having that has similar facilities which that are not directly

 

connected with the drive mechanism of the vehicle or other areas of

 

repair which that would require certification of motor vehicle

 

mechanics as specified in this act or rules promulgated pursuant to

 

under this act.

 

     (h) (e) "Motor vehicle mechanic" means a technician , or other

 

individual , or other person who, for compensation, repairs motor

 

vehicles, including the reconditioning, replacement, adjustment, or

 

alteration of the operating condition, of any component or

 


subassembly of a motor vehicle.

 

     (i) (f) "Mechanic trainee" means a person an individual who

 

desires to become a motor vehicle mechanic, a specialty mechanic,

 

or a master mechanic and receives a permit from the administrator

 

pursuant to under this act.

 

     (j) (g) "Motor vehicle repair facility" means a place of

 

business which engages that, for compensation, is engaged in the

 

business of performing, or employing persons employs individuals

 

who perform, maintenance, diagnosis, vehicle body work, or repair

 

service, or, beginning July 1, 2016, BAIID service, on a motor

 

vehicle for compensation. , but excluding all The term does not

 

include any of the following:

 

     (i) A person An individual who engages only in the business of

 

repairing the motor vehicles of a single commercial or industrial

 

establishment or governmental agency.

 

     (ii) A person An individual who is repairing his or her own or

 

a family member's car.

 

     (iii) A business that does not diagnose the operation of a

 

motor vehicle, does not remove parts from a motor vehicle to be

 

remachined, and does not install finished machined or remachined

 

parts on a motor vehicle, not including a motor vehicle repair

 

facility that engages in the business of performing or employing

 

persons who perform vehicle body work.

 

     (iv) A BAIID facility described in section 625k(14)(d) of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.625k.

 

     (k) (h) "Specialty mechanic" means a motor vehicle mechanic

 

who is certified by the department for a specific repair or service

 


category or categories pursuant to this act.described in section

 

10(1).

 

     Sec. 6a. (1) A motor vehicle repair facility shall not provide

 

BAIID service without the approval of the department under this

 

section and under section 625k of the Michigan vehicle code, 1949

 

PA 300, MCL 257.625k.

 

     (2) The department may approve a motor vehicle repair facility

 

as a facility that is authorized to perform BAIID service, or renew

 

an approval under this section, if all of the following

 

requirements are met:

 

     (a) The facility operates at a fixed location in this state.

 

     (b) The facility employs at least 1 mechanic who holds a

 

specialty certification in BAIID service under section 10(1) and

 

who is properly trained as a BAIID technician by the BAIID

 

manufacturer for which the facility is a vendor.

 

     (c) The facility maintains and makes available for inspection

 

records that prove that each mechanic who holds a specialty

 

certification in BAIID service under section 10(1) and is employed

 

by the facility is properly trained by the BAIID manufacturer to

 

service the BAIID for which the facility is a vendor.

 

     (d) The facility provides a designated waiting area for

 

customers that is separate from the area in which BAIID service is

 

performed.

 

     (e) Only a mechanic who holds a specialty certification in

 

BAIID service under section 10(1), a representative of the

 

manufacturer, or a representative of the department is allowed to

 

observe the installation or removal of a BAIID.

 


     (f) The facility takes adequate security measures to ensure

 

that unauthorized personnel cannot gain access to proprietary

 

materials or files of any BAIID manufacturer for which the facility

 

is a vendor.

 

     (g) The facility informs the department of any change in its

 

business address at least 15 days before the date of any

 

relocation.

 

     (h) An application for approval is for a single location. A

 

separate application for approval is required for each location at

 

which the facility will provide BAIID service.

 

     (i) If requested by the department, the facility allows the

 

department to conduct an on-site evaluation to ensure compliance

 

with the requirements in this act.

 

     (3) The term of an original or renewal approval of a motor

 

vehicle repair facility under this section is 1 year.

 

     (4) The department may conduct an inspection of a motor

 

vehicle repair facility that provides BAIID service to ensure

 

compliance with this act and section 625k of the Michigan vehicle

 

code, 1949 PA 300, MCL 257.625k, and rules promulgated to implement

 

this act and that section. The motor vehicle repair facility shall

 

pay for the actual costs to the department in conducting an

 

inspection under this subsection.

 

     Sec. 10. (1) A person An individual may become certified as a

 

specialty mechanic if that person has passed he or she passes an

 

examination, developed by the administrator or developed by a

 

private entity and adopted by the administrator, that the

 

administrator determines is an adequate test of a person's an

 


individual's ability to perform certain types of motor vehicle

 

repair. The repair or service categories for which certification is

 

required include the following and others that may be specified any

 

others specified by the administrator by rule:

 

     (a) Engine repair.

 

     (b) Automatic transmission repair.

 

     (c) Manual transmission and rear axle repair.

 

     (d) Front end repair.

 

     (e) Brakes.Repair of brakes.

 

     (f) Electrical systems repair.

 

     (g) Heating and air conditioning repair.

 

     (h) Engine tune-up.

 

     (i) Pre-1973 motor vehicle , subject to subsection (3).repair.

 

     (j) Subject to subsection (3), BAIID service.

 

     (2) A person An individual may apply for a specialty

 

mechanic's certificate in any or all repair categories but shall be

 

he or she is required to pay only 1 certification fee if the person

 

he or she makes the applications for more than 1 category at 1

 

time.

 

     (3) Within 90 120 days after the effective date of the

 

amendatory act that added this subsection, section 10a, the

 

administrator shall develop or adopt an examination for specialty

 

mechanic certification in the repair or service category described

 

in subsection (1)(i) (1)(j) for an individual who is engaged, for

 

compensation, in the repair of a motor vehicle manufactured before

 

1973 or the reconditioning, replacement, adjustment, or alteration

 

of the operating condition of any component or subassembly of a

 


motor vehicle manufactured before 1973.BAIID service.

 

     (4) A person An individual may apply for and receive a master

 

mechanic's certificate if that person he or she is qualified as a

 

specialty mechanic in all categories of motor vehicle repair

 

described in subsection (1), except that the qualification in a

 

specialty category described in subsection (1)(i) or (j) is not

 

necessary for a master mechanic's certificate.

 

     Sec. 10a. (1) Beginning July 1, 2016, an individual shall not

 

perform BAIID service in this state unless he or she has a

 

specialty mechanic's certificate in BAIID service from the

 

department under section 10 and certification as a BAIID installer

 

under section 625k of the Michigan vehicle code, 1949 PA 300, MCL

 

257.625k.

 

     (2) A BAIID mechanic shall perform BAIID service in a

 

workmanlike manner and, in performing BAIID service, shall comply

 

with the requirements of this section, the standards described in

 

section 625k of the Michigan vehicle code, 1949 PA 300, MCL

 

257.625k, and the requirements of the BAIID manufacturer.

 

     (3) A motor vehicle repair facility and BAIID mechanic shall

 

ensure that a BAIID that is installed is in working order; that it

 

performs in a manner that meets the requirements of this section

 

and the standards described in section 625k of the Michigan vehicle

 

code, 1949 PA 300, MCL 257.625k; and that all connections are

 

soldered and covered with a tamper seal.

 

     (4) When he or she completes the installation of a BAIID, a

 

BAIID mechanic shall provide the customer with written installation

 

verification. The department shall establish the form and format of

 


this verification.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. 176 of the 98th Legislature is enacted into

 

law.