April 2018 Government Affairs Update




·         iFlex Transmission Product Labeling & Receipt Rules Education Session

·         AOCA Submits FOIA for MMWA Warning Letters Sent to Automakers

·         API SN Plus Rolls Out

·         CA Bureau of Automotive Repair Business Advisory Group Meeting

·         AOCA Submits Comments Challenging CA Oil Change Disclosure Proposal

iFlex New Transmission Product Labeling & Receipt Rules Education Session

Las Vegas Convention Center, April 26th from 10:30 am – 11:30 am

Successful Transmission Maintenance Under the New Weights & Measures Regulation

This is a must-attend session for service providers who want to offer transmission maintenance without triggering fines and fraud charges under new Weights & Measures rules effective January 1, 2018 for transmission product labels and receipts. Installers receive more scrutiny and larger fines than manufacturers and distributors, many of whom may not even know about the new rules. Pointing up the chain is not a defense, so learn what to look for today!

To attend, you must purchase an all-access pass to iFlex at The Car Wash Show. 



AOCA Submits FOIA for MMWA Warning Letters Sent to Automakers

On April 10th, the Federal Trade Commission (FTC) announced it had sent six warning letters to manufacturers—including automakers—regarding their violation of the Magnuson Moss Warranty Act prohibition against tie-in sales requirements.  Each company used different language, but the following are examples FTC referred to as “questionable provisions:”

·         The use of [company name] parts is required to keep your . . . manufacturer’s warranties and any extended warranties intact.

·         This warranty shall not apply if this product . . . is used with products not sold or licensed by [company name].

·         This warranty does not apply if this product . . .  has had the warranty seal on the [product] altered, defaced, or removed.

Although the action taken here is positive, FTC did not post copies of the letters or information about the warned companies’ identities and has refused to provide the information upon request.  AOCA has submitted a Freedom of Information Act request to obtain them. 



API SN Plus Rolls Out

API SN Plus engine oil, also referred to as a supplement, was designed to respond to automakers’ concerns over low speed pre-ignition problems occurring in turbo-charged engines that were supposed to be addressed by the long-delayed GF-6 ILSAC standard. Products meeting the standard will be labeled with the API donut:



It is important for installers to accurately identify this new oil on customer receipts as “Brand SAE [viscosity grade] API SN Plus."



CA Bureau of Automotive Repair (BAR) Business Advisory Group Meeting


AOCA Executive Director Kristy Babb participated in the BAR Business Advisory Group meeting at BAR headquarters on April 19th.  The agency has several legislative, regulatory, and enforcement issues pending that impact the fast lube industry, including:

·         BAR Sunset Review Legislation, AB 3141, which is anticipated to ultimately include language to provide BAR total authority to determine whether any “minor” services or repairs will be considered exempt from triggering automotive repair dealer registration.

·         Electronic Estimates Regulatory Proposal to allow digital means of providing necessary estimate information and obtaining required customer approval to proceed with them.

·         Oil Change Interval Disclosure Regulatory Proposal to create new requirements for registered automotive repair dealers to (1) adhere to published OEM interval ranges, national standards setting organizations’ recommendations and/or Cal Recycle’s recommendations for recommending oil change intervals to customers; and (2) include a specific notice about access to interval information on every receipt that includes an oil change service.  Although the current proposal eliminates per AOCA’s objection a prior proposed anti-competitive requirement to refer customers to automakers’ websites, AOCA must continue to object due to the agency’s lack of evidence demonstrating the usefulness of its proposed solution to an alleged problem not raised by consumers.  READ AOCA’s COMMENTS HERE.

·         Exempt Services Regulatory Proposal that formerly proposed to add a host of services now proposes to add only roadside services a/k/a the AAA exemption. This raises a potential challenge because BAR’s current statutory authority to add exempt services depends on a proposed service not requiring “mechanical expertise” and several roadside services activities arguably require “mechanical expertise.”

BAR documents and presentations associated with this meeting can be found at https://www.bar.ca.gov/About_BAR/BAR_Advisory_Group.html



Government Affairs

Item Name Posted By Date Posted
Fast Lube Customer Warranty Rights Survey PDF (66.86 KB) Administration 4/18/2016
Know Your Federal Rights PDF (196.19 KB) Administration 5/19/2016
2017 GA Agenda PDF (124.15 KB) Administration 2/28/2017
FTC Complaint re Kia PDF (491.21 KB) Administration 1/10/2018
Kia 4th notice recall June 2017 RCMN-17V224-41.pdf PDF (153.26 KB) Administration 2/7/2018
House Bill 434 PDF (83.09 KB) Administration 2/7/2018
Testimony of Jay Rosenthal PDF (177.31 KB) Administration 2/7/2018
Hyundai Expands Recall PDF (211.19 KB) Administration 2/7/2018
2017 18 Chevy Colorado Canyon oil filter remov.pdf PDF (84.16 KB) Administration 3/16/2018
A7914.pdf PDF (2.88 KB) Administration 3/16/2018
OC Interval Proposed_Regulations_Text_4.23.18.pdf PDF (83.64 KB) Administration 3/16/2018
Oppose A7914 031518.pdf PDF (247.39 KB) Administration 3/16/2018
Comments Submitted To BAR - April 2018 PDF (546.29 KB) Administration 4/23/2018
Warning letter to Hyundai PDF (639.42 KB) Administration 5/24/2018
Oppose A7914 PDF (247.39 KB) Administration 5/24/2018
Draft Sheet For Installers To Use W/ Distributors DOCX (18.34 KB) Administration 6/18/2018
Proposed Obsolete Automaker Engine Oil Notice PDF (475.18 KB) Administration 8/10/2018
Kia Hyundai MMWA Complaint NHTSA Petition for .pdf PDF (505.17 KB) Administration 8/10/2018
FTC MMWA Warning Letter to Hyundai April 9 201.pdf PDF (639.42 KB) Administration 8/10/2018
Smolek v Hyundai Kia class action Theta II eng.pdf PDF (749.25 KB) Administration 8/10/2018
Kia Hyundai Class Action Complaint.pdf PDF (1.01 MB) Administration 8/10/2018
Hyundai Safety Recall LetterRCMN-15V568-7409.pdf PDF (206.7 KB) Administration 8/10/2018
Center-for-Auto-Safety-Kia-Hyundai-Fire-Defect.pdf PDF (106.6 KB) Administration 8/10/2018
Sen Nelson-kia-hyundai-response from NHTSA---6.pdf PDF (105.97 KB) Administration 8/10/2018
2018 Update AOCA WM State Enforcement Guide FI.pdf PDF (639.08 KB) Administration 8/10/2018
BAR Estimate Regulation PDF (155.02 KB) Administration 9/18/2018
TSIA 2018 Flyer PDF (208.12 KB) Administration 9/19/2018
MA HD 5153 PDF (120.82 KB) Administration 10/4/2018
California AB 3141 PDF (197.34 KB) Administration 10/4/2018
2018_Hyundai_Elantra-GT_Manual.pdf PDF (13.62 MB) Administration 11/13/2018
AOCA_Fast_Lube_Customer_Complaint_Form.docx DOCX (80.96 KB) Administration 11/13/2018
Opalka_v._Amalie.pdf PDF (784.1 KB) Administration 12/17/2018
AOCA_Presentation_-_TSIA_Annual_Meeting_2018.pptx PPTX (852.89 KB) Administration 12/17/2018
Draft_Write_it_Right_Guide.pdf PDF (1.89 MB) Administration 12/17/2018