So I have been doing research prior to asking this question. Which seemed to say if the driveway needed to be dug out and completely redone, this is an improvement. This was not the case.
And obviously if driveway just needed to be resealed, this would be a repair.
So in this particular case, the driveway was a little beyond just needing sealed, because dirt was showing in one area. Since there were cracks and weeds, the asphalt company recommended filling all the cracks and removing weeds. and filling low areas (spots), and then applying an overlay of asphalt over the drive.
Some places I read that this would be considered repair of driveway surface.
