BAR outlines rulemaking for storage fees and airbag safety; industry flags salvage and supplier gaps

During the Jan. 29 advisory meeting, BAR staff reviewed several pending regulatory packages and took public and advisory comments.

Holly Helsing of BAR’s executive office summarized the packages: a storage‑fees package intended to consolidate provisions in the Business & Professions Code, Civil Code and Vehicle Code and require reasonable, itemized storage fees, posting of daily rates and annual reporting of the highest rate at renewal; a change‑of‑address package setting a 14‑day notice requirement for address changes and 30 days for other material changes; updates to the SmogCheck and Vehicle Safety Systems inspection manuals to permit use of newer biometric palm‑vein scanner models by adding the phrase "or newer"; and a newly developed airbag safety package that would prohibit ARDs from manufacturing, importing, installing or selling airbags that have been previously deployed or are electrically faulty and that mislead owners, require ARDs to restore airbags to original OEM operating condition, and require purchase from manufacturers or authorized suppliers/resellers with retention of receipts.

Collision repair representatives raised potential gaps. Jack Moladonnaff (California Auto Body Association) said salvage and total‑loss vehicles revived by dismantlers may not receive full airbag replacement and may therefore evade the proposed rules unless the vehicle‑safety inspection program or safety inspectors are tasked to close the gap. Gene Lopez (Sidener's Collision Center) asked whether the "authorized supplier or reseller" language would unintentionally ban used OEM airbags from dismantlers, noting in some supply chains authorized new parts may not be available for certain models. BAR staff said the airbag package was developed quickly after advisory presentations flagged counterfeit airbags and that BAR will consider how the package might intersect with vehicle safety inspection rules and total‑loss vehicles; staff also committed to review the "authorized supplier/reseller" phrase.

On storage fees, BAR said it has held four public workshops and the 45‑day comment period closed Dec. 31; staff are reviewing comments and preparing responses. BAR also previewed a tool to display average and median storage fees by defined geographic radius around each ARD to improve price transparency.

BAR emphasized these packages remain under legal review (DCA legal) and will go to the Office of Administrative Law (OAL) for final adoption when ready. The airbag package will also be routed to the Business, Consumer Services and Housing Agency for review before a short comment period.

Representative quotes in this report are drawn from BAR staff and advisory members at the Jan. 29 meeting.