Sec. 82.3. Registration

(a) Every motor vehicle repair shop is required to be registered with the commissioner. A motor vehicle repair shop is any person who, for compensation, is wholly or partially engaged in the business of repairing or diagnosing motor vehicle malfunctions or repairing motor vehicle bodies, fenders or other components damaged by accident or otherwise, except those persons excluded by subdivision (b) of this section. A motor vehicle repair shop is also any shop, drive-in station or garage which inspects motor vehicles for the purpose of appraising, evaluating or estimating the extent or value of motor vehicle damage or the necessity or cost of motor vehicle repairs.

(b) The following persons are excluded from the term motor vehicle repair shop and therefor do not require registration as a repair shop:

(1) an employee of a motor vehicle repair shop who engages in the business of repairing motor vehicles solely by reason of his employment;

(2) any person who is solely engaged in the business of repairing the motor vehicles of a single commercial or industrial establishment, or of the Federal, State or a local government or any agency thereof;

(3) any person whose activities consist solely of fueling, changing oil, water, batteries or tires, replacing fan belts, air filters or oil filters, installing windshield wiper blades or light bulbs, polishing and washing, repairing, installing or replacing seat safety belts, upholstery or communications equipment;

(4) any person solely engaged in the business of repairing road building machines, farm machines, lawn machines, garden machines, vehicles registered as special purpose vehicles; or

(5) any person who does not work on the vehicle but only on parts of the vehicle removed by others.

(c) Repairs and services set forth in paragraph (b)(3) of this section are not excluded from the provisions of this Part when performed in a registered repair shop.

(d) Application.

(1) Every motor vehicle repair shop shall file an application for registration with the commissioner. The application shall contain the information required by the act, the repair shop's sales tax number, either a letter from the municipality where the repair shop is located indicating compliance with zoning, planning, fire, and building regulations and codes or a letter from such municipality indicating it has no such codes or proof that a registered repair shop is or was operating at that location, and such other information as the commissioner may require. Forms VS-1 and VS-1.1 will be supplied for this purpose. A nonrefundable $10 fee shall be submitted with such application. In addition, a $150 registration fee, valid for two years, shall be submitted for each repair shop location to be registered. The $150 registration fee shall be returned if the application for such location is denied.

(2) An applicant must complete both a VS-1 and BS-1.1 for each repair shop location desired. Forms VS-1 and VS-1.1 may be obtained at any motor vehicle issuing office.

(3) An applicant must indicate whether the repair shop will service air conditioning systems in the next two years. If so, the applicant must indicate the number of bays in the repair shop and submit a manufacturer's certificate showing the name and address of the repair shop, the name and address of the equipment manufacturer, the date of purchase, and the serial numbers of motor vehicle refrigerant recycling equipment purchased. A repair shop with three or less bays need not comply with this latter requirement until January 1, 1992.