The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5418 December 29, 1978 MOTOR VEHICLE SERVICE AND REPAIR ACT: Business of installing and balancing tires A business which only installs and balances tires is not required to register or comply with the requirements of the Motor Vehicle Service and Repair Act. Richard H. Austin Secretary of State Department of State State Treasury Building Lansing, Michigan You have requested my opinion on whether a business which only installs and balances tires must register and comply with the requirements of the Motor Vehicle Service and Repair Act, 1974 PA 300, MCLA 257.1301 et seq; MSA 9.1720(1) et seq. 1974 PA 300, supra, Sec. 6, states: 'Unless the act or practice is otherwise exempt by this act, a person shall not engage in the business or activity of a motor vehicle repair facility unless the person registers the facility with the administrator pursuant to this act.' [Emphasis added] A 'motor vehicle repair facility' is defined in 1974 PA 300, supra, Sec. 2(g), as follows: "Motor vehicle repair facility' means a place of business which engages in the business of performing or employing persons who perform maintenance, diagnosis or repair service on a motor vehicle for compensation, but excluding the following: (i) A person who engages only in the business of repairing the motor vehicles of a single commercial or industrial establishment or governmental agency. (ii) A person repairing his 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.' [Emphasis added] Although the installation and balancing of tires is the performance of a maintenance or repair service on a motor vehicle, these services do not involve diagnosis of the operation of a motor vehicle, removal of parts to be remachined nor installation of finished machined or remachined parts. Therefore, a business which installs and balances tires exclusively is exempt from registration under Act 300, supra. It will be further noted that 1974 PA 300, supra, Sec. 3, specifically refers to the changing or installing of tires as follows: 'Unless the means of doing or engaging in a motor vehicle repair business including the operating of a motor vehicle repair facility is adopted for the purposes of evading this act, and except as otherwise provided in this act, this act shall not apply to gasoline service stations exclusively engaged in the business of selling motor fuel and lubricants. A person or facility providing minor services, including but not limited to: the changing or installing of light bulbs, tires, lamp globes, batteries, air filters, oil filters, windshield wiper blades, fan or power assist belts or lubrication or oil changes and other minor or ornamental accessories or activities incidental to the business of selling motor fuel and lubricants is hereby declared a motor vehicle repair facility and is subject to this act except that those employees performing only minor repairs need not be certified under this act.' [Emphasis added] This section, however, may not serve as a basis for including a business solely engaged in installing and balancing tires because only facilities which perform this service incidental to the business of selling motor fuel and lubricants are required to register and comply with the provisions of the Motor Vehicle Service and Repair Act, supra. It is, therefore, my opinion that a business which only installs and balances tires is not required to register or comply with the requirements of the Motor Vehicle Service and Repair Act. Frank J. Kelley Attorney General