TITLE 13. Motor Vehicles
(Originally Printed 7-28-46)
Division 1. Department of Motor Vehicles
Chapter 1. Department of Motor Vehicles
Article 1. Department of Motor Vehicles--Conflict of Interest Code
NOTE: It having been found, pursuant to Government Code Section 11344, that the printing of the regulations constituting the Conflict of Interest Code is impractical and these regulations being of limited and particular application, these regulations are not published in full in the California Code of Regulations. The regulations are available to the public for review or purchase at cost at the following locations:
DEPARTMENT OF MOTOR VEHICLES
2415 FIRST AVENUE
SACRAMENTO, CALIFORNIA 95818
FAIR POLITICAL PRACTICES COMMISSION
428 “J” STREET, SUITE 800
SACRAMENTO, CALIFORNIA 95814
ARCHIVES
SECRETARY OF STATE
1020 “O” STREET
SACRAMENTO, CALIFORNIA 95814
The Conflict of Interest Code is designated as Article 1, Chapter 1, Division 1 of Title 13 of the California Code of Regulations, and consists of sections numbered and titled as follows:
Article 1. Department of Motor Vehicles--Conflict of Interest Code
Section
1. General Purpose
Appendix
NOTE
Authority cited: Section 87300, et seq., Government Code. Reference: Section 87300, et seq., Government Code.
HISTORY
1. New article 1 (sections 1-10) filed 12-13-77; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 9-8-77 (Register 77, No. 51).
2. Repealer of article 1 (sections 1-10) and new article 1 (section 1 and Appendix) filed 7-9-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 6-1-81 (Register 81, No. 28).
3. Editorial correction of article 1 (section 1 and Appendix) filed 8-21-81 (Register 81, No. 34).
4. Amendment of section 1 and Appendix filed 8-19-83; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 7-12-83 (Register 83, No. 34).
5. Amendment of section and Appendix filed 4-20-92; operative 5-20-92. Approved by Fair Political Practices Commission 3-31-92 (Register 92, No. 19).
6. Amendment of Appendix filed 9-15-93; operative 10-15-93. Submitted for printing only. Approved by Fair Political Practices Commission 9-13-93 (Register 93, No. 38).
7. Amendment of Appendix filed 10-11-94; operative 11-10-94. Submitted to OAL for printing only. Approved by Fair Political Practices Commission 9-7-94 (Register 94, No. 41).
8. Amendment of Appendix filed 2-26-96; operative 3-27-96. (Register 96, No. 9).
9. Change without regulatory effect amending address for the Fair Political Practices Commission filed 4-21-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 17).
10. Amendment of Appendix filed 4-22-97; operative 5-22-97. Approved by the Fair Political Practices Commission 3-3-97 (Register 97, No. 17).
11. Amendment of Appendix filed 5-24-99; operative 6-23-99. Approved by Fair Political Practices Commission 4-12-99 (Register 99, No. 22).
12. Amendment of Appendix filed 5-25-2000; operative 6-24-2000. Approved by Fair Political Practices Commission 4-6-2000 (Register 2000, No. 21).
13. Amendment of Appendix filed 6-18-2002; operative 7-18-2002. Approved by Fair Political Practices Commission 5-2-2002 (Register 2002, No. 25).
14. Amendment of Appendix filed 12-28-2004; operative 1-27-2005. Approved by Fair Political Practices Commission 10-18-2004 (Register 2004, No. 53).
15. Amendment of Appendix filed 10-5-2006; operative 11-4-2006. Approved by Fair Political Practices Commission 8-22-2006 (Register 2006, No. 40).
16. Amendment of Appendix filed 5-1-2008; operative 5-31-2008. Approved by Fair Political Practices Commission 4-9-2008 (Register 2008, No. 18).
17. Amendment of Appendix filed 11-8-2011; operative 12-8-2011. Approved by Fair Political Practices Commission 7-27-2011 (Register 2011, No. 45).
Article 2. Driver Licenses and Identification Cards
§15.00. Information Required to Establish Legal Presence in the United States (U.S.) for Purpose of Determining Eligibility for an Original Driver License or Identification Card.
Note • History
(a) U.S. citizens who apply for an original driver license or identification card shall submit one of the following documents that is legible and unaltered to establish proof of the person's legal presence in the United States.
(1) A certified copy of a United States birth certificate issued in or by a city, county, or state vital statistics department.
(2) A U.S. Certificate of Birth Abroad (FS-545, DS-1350) or a Report of Birth Abroad of U.S. Citizen (FS-240).
(3) A Proof of Indian Blood Degree issued by the federal government.
(4) A Certified Birth Certificate issued from:
(A) Puerto Rico, on or after January 13, 1941.
(B) Guam, on or after April 10, 1899.
(C) U.S. Virgin Islands, on or after January 17, 1917.
(D) Northern Mariana Islands, after November 4, 1986.
(E) American Samoa.
(F) Swain's Island.
(G) District of Columbia.
(5) A U.S. passport (Expired or unexpired).
(6) One of the following unexpired U.S. Military Identification Cards and documents:
(A) DD-2 for active duty, reserve or retired Air Force, Army, Marine Corps, or Navy.
(B) DD-1173 for dependents of active duty military personnel, Air Force, Army, Marine Corps, or Navy.
(C) AF-447, A-447, MC-447, N-447 for dependents of reserve duty military personnel, Air Force, Army, Marine Corps, or Navy.
(D) DD-1934 for Medical/Religious personnel.
(E) DD-214 Report of Separation for Air Force, Army, Marine Corps, or Navy personnel.
(7) Certificate of Naturalization (N-550, N-570, N-578).
(8) Certificate of Citizenship (N-560, N-561, N-645).
(9) Northern Mariana Card issued by DHS (I-551).
(10) American Indian Card issued by DHS (I-551).
(11) U.S. Citizen Identification Card (I-179, I-197).
(b) Immigrants shall submit one of the following Department of Homeland Security (DHS) documents or other document with a DHS notation to prove their legal presence in the United States. Immigrants are persons who have lawful permanent residency status as defined in the Code of Federal Regulations, Title 8; part 1; section 1.1(p). Documents must be legible and unaltered to establish proof of the person's legal presence in the United States.
(1) Resident Alien Card (I-551, AR-3, AR-3A, AR-103).
(2) Temporary Resident Identification Card (I-688).
(3) Alien Registration Receipt Card (I-151) valid until declared invalid by DHS.
(4) Permanent Resident Re-entry Permit (I-327).
(5) U.S. Border Crossing Identification Card and Visa (Known as the “Mica”) with a valid I-94.
(6) A foreign passport stamped “Processed for I-551”.
(7) Record of Arrival and Departure (I-94) stamped Temporary Evidence of Lawful Admission for Permanent Resident.
(c) Immigrants may also submit one of the following unexpired U.S. Military Identification Cards and documents:
(1) DD-2 for active duty, reserve or retired Air Force, Army, Marine Corps, or Navy.
(2) DD-1173 for dependents of active duty military personnel, Air Force, Army, Marine Corps, or Navy.
(3) AF-447, A-447, MC-447, N-447 for dependents of reserve duty military personnel, Air Force, Army, Marine Corps, or Navy.
(4) DD-1934 for Medical/Religious personnel.
(5) DD-214 Report of Separation for Air Force, Army, Marine Corps, or Navy personnel.
(d) Non-immigrants shall submit one of the following Department of Homeland Security (DHS), Canadian documents or other document with a DHS notation to prove their legal presence in the United States. Non-immigrants are persons who have lawful temporary status for a specific purpose. Documents must be legible and unaltered to establish proof of the person's legal presence in the United States.
(1) Canadian passport (expired or unexpired).
(2) A certified copy of a Canadian birth certificate.
(3) Non-Resident Alien Canadian Border Crossing Card (I-185, I-586).
(4) Mexican Border Crossing Card (I-186 with a valid I-94 or I-586 with a valid I-94).
(5) Record of Arrival and Departure (I-94 or I-94W) with a valid foreign passport.
(6) Record of Arrival and Departure (I-94) with one of the following types of unexpired foreign passports to Hong Kong residents:
(A) Certificate of Identity.
(B) Document of Identity.
(C) British National Overseas (BNO).
(D) Hong Kong Special Administrative Region (HKSAR).
(e) Other documents which may prove legal presence in the United States are:
(1) A certified order or judgment from a court of competent jurisdiction stating the true full name, date of birth and that the applicant was born in the U.S. or U.S. Territories or that the applicant's presence in this country is authorized by Federal law.
(2) Certification provided by the California Department of Corrections and Rehabilitation (CDCR) which verifies the legal presence of the applicant.
(3) Employment Authorization Card (I-688A, I-688B, I-766).
(4) Record of Arrival and Departure stamped “Refugee, or Asylee, Parolee or Parole” (I-94) coded: Section 207 (Refugee), 208 (Asylum), 209 (Refugees), 212d(5) (Parolee), HP (Humanitarian Parolee) or PIP (Public Interest Parolee).
(5) An immigration Judge's Order Granting Ayslum.
(6) Refugee Travel Document (I-571).
(7) Notice of Action (I-797) Approved Petition).
NOTE
Authority cited: Sections 1651 and 12801.5, Vehicle Code. Reference: Sections 12800 and 12801.5, Vehicle Code.
HISTORY
1. New section filed 11-29-93 as an emergency; operative 3-1-94 (Register 93, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-28-94 or emergency language will be repealed by operation of law on the following day.
2. Amendment of article heading filed 12-9-93; operative 1-10-94 (Register 93, No. 50).
3. Certificate of Compliance as to 11-29-93 order transmitted to OAL 6-24-94 with amendment of section and Note and filed 8-8-94 (Register 94, No. 32).
4. Editorial correction restoring text and deleting former History 4 (Register 95, No. 9).
5. Editorial correction of article heading (Register 95, No. 28).
6. Amendment of section heading and section filed 9-27-95; operative 10-27-95 (Register 95, No. 39).
7. Repealer of subsections (a)(4)(H)-(I), amendment of subsections (b)(7) and (d)(6), and new subsections (d)(6)(A)-(D) filed 6-5-2000; operative 7-5-2000 (Register 2000, No. 23).
8. Change without regulatory effect redesignating article 2 to article 2.0 and amending article heading filed 7-23-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 30).
9. Amendment redesignating article 2.0 as article 2 and amending article heading filed 9-9-2004 as an emergency; operative 9-9-2004 (Register 2004, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-7-2005 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 9-9-2004 order transmitted to OAL 12-20-2004 and filed 1-26-2005 (Register 2005, No. 4).
11. Amendment of subsections (a)(9)-(10), (b), (b)(3), (d) and (e)(1)-(2), repealer of subsection (e)(3) and subsection renumbering filed 10-2-2008; operative 11-1-2008 (Register 2008, No. 40).
§15.01. Out-of-State Driver License Verification for Driving Test Waiver.
Note • History
(a) The “acknowledged national driver record data source” as specified in Section 12804.9 of the Vehicle Code shall be the National Driver Register Problem Driver Pointer System.
(b) The department shall inquire the Problem Driver Pointer System whenever an original California driver license applicant presents a license issued by another state, territory, or possession of the United States, District of Columbia, or the Commonwealth of Puerto Rico.
(c) Pursuant to Section 12804.9 of the Vehicle Code, the department may waive the behind-the-wheel drive test portion of the driver license examination process under the following conditions:
(1) An applicant presents an expired or unexpired driver license issued by another state, territory, or possession of the United States, District of Columbia, or the Commonwealth of Puerto Rico; and
(2) The department confirms through the Problem Driver Pointer System the status of the out-of-state driver license, and that there are no holds, stops, or other impediments (such as suspensions, revocations or withdrawals) to issuance of a California driver license.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 12804.9, Vehicle Code.
HISTORY
1. New section filed 10-7-99; operative 11-6-99 (Register 99, No. 41).
§15.03. Terms of Issuance and Restrictions.
Note • History
(a) The department shall issue a temporary driver license valid for up to 60 days provided there is no other cause for refusal pending verification of documents submitted as proof of legal presence.
(b) The department shall not accept an application for a driver license or identification card if the documents submitted as proof of legal presence in the United States indicate an expiration date less than 61 days from the application date. Canadian and U.S. passports are not subject to this requirement.
(c) The department shall not accept an application for an original identification card if the applicant cannot provide one of the documents in Section 15.00 to establish proof of legal presence.
(d) The department may elect to verify the authenticity of any document provided as proof of legal presence. Verification of documents may include electronic verification systems or manual methods.
(e) The department may issue a driver license or identification card termed to expire on the same date as the expiration date on the valid DHS document, or if there is no expiration date on the federal document, for a period not to exceed one year from the date the DHS document was issued.
NOTE
Authority cited: Sections 1651 and 12801.5, Vehicle Code. Reference: Sections 12506, 12800, 12801.5, 12805, 12816, 13000, 13002 and 14100, Vehicle Code.
HISTORY
1. New section filed 11-29-93 as an emergency; operative 3-1-94 (Register 93, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-28-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 11-29-93 order transmitted to OAL 6-24-94 with new subsection (e) and amendment of Note and filed 8-8-94 (Register 94, No. 32).
3. Certificate of Compliance for subsection (b) disapproved by OAL; emergency language repealed by operation of Government Code section 11346.1(f) (Register 94, No. 32).
4. New subsection (b) refiled 8-9-94 as an emergency; operative 8-9-94 (Register 94, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-7-94 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-9-94 order including amendment of subsections (a), (b), (e) and Note transmitted to OAL 12-2-94 and filed 1-19-95 (Register 95, No. 3).
6. Editorial correction of subsection (e) and History 5 (Register 95, No. 9).
7. Amendment of subsection (e) and Note filed 9-27-95; operative 10-27-95 (Register 95, No. 39).
8. Amendment of subsections (a), (b) and (e) filed 10-2-2008; operative 11-1-2008 (Register 2008, No. 40).
§15.04. Social Security Account Number Verification.
Note • History
(a) The department shall verify the authenticity of any social security number provided on a driver license or identification card application. Verification of social security numbers may include the use of electronic verification systems and manual methods.
(b) The department shall not issue a driver license or identification card, or a temporary license, interim license, or instruction permit, if the social security number submitted to the department does not match the records of the Social Security Administration.
(c) The department shall not accept an application for a driver license or identification card if the application does not include the applicant's social security number. Exception:
(1) If the application was submitted with document(s) that establish proof of the applicant's legal presence in the United States, AND
(2) The Department of Homeland Security verifies that the applicant is in the country legally but is not authorized to work, and is therefore ineligible for a social security number.
NOTE
Authority cited: Section 1651, Vehicle Code; and Thomas Lauderbach et al., v. Frank S. Zolin, 35 Cal. App. 4th 578; 41 Cal. Rptr. 2d 434 (1995). Reference: Sections 1653.5, 12506, 12800 and 12801.5, Vehicle Code; and Thomas Lauderbach et al., v. Frank S. Zolin, 35 Cal. App. 4th 578; 41 Cal. Rptr. 2d 434 (1995).
HISTORY
1. New section filed 7-19-2005; operative 8-18-2005 (Register 2005, No. 29).
Note • History
The department shall provide for an appeals hearing from denials of identification cards, driver licenses, or temporary driver licenses. The hearing shall be held in accordance with Article 3 (commencing with Section 14100) of Chapter 3 of Division 6 of the Vehicle Code. The only issue at the hearing shall be whether the department has acted properly in refusing to issue an identification card, a temporary driver license, or a permanent driver license.
NOTE
Authority cited: Sections 1651 and 12801.5, Vehicle Code. Reference: Sections 12506, 12800, 12801.5, 12816 and 14100, Vehicle Code.
HISTORY
1. New section filed 11-29-93 as an emergency; operative 3-1-94 (Register 93, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-28-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 11-29-93 order transmitted to OAL 6-24-94 with amendment of Note and filed 8-8-94 (Register 94, No. 32).
3. Amendment filed 9-27-95; operative 10-27-95 (Register 95, No. 39).
Note • History
For purposes of this article, “true full name” is defined as the name specified on one of the documents listed in Section 15.00 in Article 2, Chapter 1, Division 1, of Title 13 of the California Code of Regulations necessary to establish legal presence, birth verification, or a name change, that is submitted at the time of application. The true full name shall be the name that appears on the driver license or identification card, and recorded on the driving record.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12800, 12800.7 and 13000, Vehicle Code.
HISTORY
1. New section filed 5-18-99; operative 6-17-99 (Register 99, No. 21).
§15.07. Reduced Fee Identification Cards.
Note • History
(a) An applicant for a reduced fee Department of Motor Vehicles identification card shall submit a completed Verification of Reduced Fee Identification Card, form DL 937, (NEW 8/2004), signed under penalty of perjury under the laws of the State of California by a representative of a governmental or non-profit entity pursuant to requirements of Vehicle Code Section 14902. The Verification of Reduced Fee Identification Card, form DL 937, (NEW 8/2004) is hereby incorporated by reference.
(1) The certification of eligibility in the Verification of Reduced Fee Identification Card shall be dated within 60 days of the application for the reduced fee identification card.
NOTE
Authority cited: Sections 1651 and 1678, Vehicle Code. Reference: Sections 1678 and 14902, Vehicle Code.
HISTORY
1. New section filed 9-9-2004 as an emergency; operative 9-9-2004 (Register 2004, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-7-2005 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-9-2004 order transmitted to OAL 12-20-2004 and filed 1-26-2005 (Register 2005, No. 4).
§20.02. Definition of Motor Vehicles Documents.
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12500 and 13000, Vehicle Code.
HISTORY
1. New section filed 12-9-93; operative 1-10-94 (Register 93, No. 50).
2. Editorial correction adding subheading before section (Register 95, No. 28).
3. Repealer filed 9-6-96; operative 10-6-96 (Register 96, No. 36).
4. Repealer of subheading filed 5-18-99; operative 6-17-99 (Register 99, No. 21).
§20.04. Information Required for a Name Change on a Driver License or Identification Card.
Note • History
(a) Upon application for an original California driver license or identification card, the department shall require the applicant to produce identification necessary to ensure the name provided on the application is the individual's true full name.
(1) If the name provided on the application conflicts with the name on the document or documents submitted to establish legal presence or birth verification at the time of application, the department shall require the applicant to provide additional documentary evidence to establish that the name on the application is his or her true full name.
(b) Upon application for a renewal or duplicate California driver license or identification card, or before a California driver license or identification card may be issued, reissued, or returned to the licensee after a refusal, cancellation, probation, restriction, suspension or revocation of the person's driving privilege, the department shall require the applicant to produce identification when necessary to ensure the name provided on the application is the individual's true full name.
(c) Upon application for a change of name on a California driver license or identification card, the department shall require the applicant to produce identification to ensure the name provided on the application is his or her true full name.
(d) The department will accept an original or certified copy of one of the following documents that is legible and unaltered as additional documentation to establish the applicant's true full name as required by subsections (a) and (b), or as identification to establish the applicant's true full name for a name change:
(1) Any document specified in Section 15.00 in Article 2, Chapter 1, Division 1, of Title 13 of the California Code of Regulations.
(2) A document issued by a competent jurisdiction that contains the applicant's legal name, date of birth, if available, and government seal, stamp or other official imprint including, but not limited to:
(A) An adoption document that contains the legal name of the individual as a result of the adoption
(B) A name change document that contains the individual's legal name both before and, as a result of, the name change.
(C) A marriage certificate.
(D) A dissolution of marriage document that contains the legal name of the individual as a result of the court action.
(E) A certificate, declaration or registration document verifying the formation of a domestic partnership.
(F) A certificate, notice or judgment verifying the termination or dissolution of a domestic partnership.
(3) For purposes of this subsection, “competent jurisdiction” is defined as any governmental agency within the United States, District of Columbia, territory or possession of the United States, including federal, state, and local agencies, or a foreign state or its equivalent, duly authorized to issue documents for adoption, name change, marriage, or dissolution of marriage.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12800, 12800.7, 12809 and 13000, Vehicle Code.
HISTORY
1. New section filed 5-18-99; operative 6-17-99 (Register 99, No. 21). For prior history, see Register 97, No. 26.
2. Amendment of section and Note filed 5-24-2001 as an emergency; operative 5-24-2001 (Register 2001, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-21-2001 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-24-2001 order transmitted to OAL 9-7-2001 and filed 10-17-2001 (Register 2001, No. 42).
4. Repealer of subsection (d)(2), subsection renumbering, amendment of newly designated subsections (d)(2)-(d)(2)(B) and (d)(2)(D) and new subsection (d)(2)(F) filed 2-5-2009; operative 3-4-2009 (Register 2009, No. 6).
Note • History
(a) An applicant requesting a gender different from that identified on an approved document used to establish identity, or existing California driver license or identification card, must complete a Medical Certification and Authorization (Gender Change), form DL 329 (New 8/08), which is hereby incorporated by reference. The DL 329 will only be accepted if submitted within five years from the physician or psychologist certification date.
(b) The Medical Certification and Authorization (Gender Change), form DL 329 (New 8/08) must be completed by a physician or psychologist licensed in the United States certifying the applicant's gender identification, demeanor and whether the gender change is transitional or complete.
(1) When the form DL 329 indicates the applicant's gender change is transitional, a new form DL 329 must be submitted for each driver license or identification card renewal or upon any card issuance when the date of application is more than five years after the physician certification date. If a new form DL 329 is not submitted as specified, the original gender identity will be restored.
(A) A physician or psychologist shall certify that a gender identification is transitional.
(2) When the form DL 329 indicates the gender change is complete, the applicant is not required to submit a new form DL 329 for subsequent driver license or identification card renewals.
(A) A physician shall certify that the applicant's gender change is complete.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12800, 12811, 13000 and 13005, Vehicle Code.
HISTORY
1. New section filed 2-5-2009; operative 3-4-2009 (Register 2009, No. 6).
§20.06. Identification Elements and Document Inspection Terms.
Note • History
(a) In addition to the content and form of a driver license specified in Vehicle Code sections 12800.5 and 12811, the essential elements of identification on a driver license include:
(1) A description of the sex, hair, eyes, height, and weight of the individual.
(2) The type of license.
(3) Endorsements and restrictions assigned to the driving privilege.
(b) A visually mutilated driver license or identification card means any essential element of information contained on the driver license or identification card is obstructed, absent, illegible, or exposed through the protective sealant or other technologically advanced visual security feature.
(c) In addition to (b), if the driver license or identification card contains a magnetic stripe, mechanically mutilated means that the document is unable to pass through a mechanical device designed to read the essential elements of identification contained in the magnetic stripe located on the reverse side of a driver license or identification card.
(d) In addition to (b) and (c), if the driver license or identification card contains a magnetic stripe, electronically mutilated means that the driver license or identification card is unable to transmit essential elements of identification through an electronic process or device designed to read the information contained in the magnetic stripe located on the reverse side of a driver license or identification card.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12800.5, 12811, 12815, 13003, 13005 and 13005.5, Vehicle Code.
HISTORY
1. New section filed 12-9-93; operative 1-10-94 (Register 93, No. 50).
2. Amendment of section heading, section and Note filed 6-27-97; operative 7-27-97 (Register 97, No. 26).
§20.08. Replacement of an Invalid/Mutilated Document.
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12815 and 13003, Vehicle Code.
HISTORY
1. New section filed 12-9-93; operative 1-10-94 (Register 93, No. 50).
2. Repealer filed 6-27-97; operative 7-27-97 (Register 97, No. 26).
§25.01. Fraudulent Application for a Driver License or Identification Card.
Note • History
(a) For the purposes of this section, “an application” means any form currently in use, under revision, or developed in the future by the department for the process of establishing driving privileges or personal identification.
(b) The department may revoke the driving privilege, for a period of up to one year, of an individual who submits an application for a driver license to the department which is determined to include, be substantiated with, or presented with fraudulent information or documentation. The individual may not reapply for a driver license until the period of revocation is completed. An individual subject to a revocation action pursuant to this section shall immediately surrender any California driver license issued, including temporary licenses, to the department or a peace officer upon notification of the action.
(c) The department shall immediately cancel an identification card which was issued based on submission of a fraudulent application. An individual subject to a cancellation pursuant to this section shall immediately surrender any identification card so canceled to the department or a peace officer upon notification of the action.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 20, 12809(d), 13101, 13004(a), 13359, 13551(a), 13362 and 14610, Vehicle Code.
HISTORY
1. New article 2.0 and section filed 9-18-95; operative 10-18-95 (Register 95, No. 38).
2. Change without regulatory effect deleting article heading filed 7-23-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 30).
Article 2.1. Commercial Driver Licenses
§25.06. Authority and Definitions.
Note • History
The department is authorized in Part 383 of Title 49 of the Code of Federal Regulations to use third-party testers to conduct the commercial behind-the-wheel driving test under specified conditions. For purposes of these regulations, the following definitions apply:
(a) Certified Driver. A driver that has been issued a Certificate of Driving Skill (DL170ETP, Rev. 9/06), which is hereby incorporated by reference, or Firefighter Certificate of Driving Skill (DL 170F ETP, Rev. 9/06) by his or her employer for the purpose of waiving the department-administered driving test portion of the commercial driver testing process. The Firefighter Certificate of Driving Skill form is hereby incorporated by reference.
(b) Driving Test. The driving test is a performance test that consists of three components: a pre-trip inspection, skills test, and road test.
(c) Employee. Employee means a person who performs services for wages or salary under a contract of employment, expressed or implied for an employer. (See Labor Code Section 1132.2.). In addition, a volunteer of an employer who has an established volunteer workforce will be considered an employee, provided the employer has covered the employee under its Workers Compensation Insurance policy, and the employee has coverage under the Employer's liability insurance policy. (Example: Volunteer fire departments.)
(d) Employer Testing Program. The State of California's third-party commercial driver testing program. California Vehicle Code Section 15250(c) grants the department the authority to authorize third-party testers to conduct the commercial driving test portion of the commercial driver license testing process.
(e) Employer. A California sole proprietor, partnership, company, corporation, association, government entity or any other entity that meets the enrollment criteria to participate in the Employer Testing Program.
(f) Firefighting Organization. A federal or state agency which provides firefighting services; or a regularly organized fire department of a city, county, city and county, or district; or a regularly organized fire department having official recognition of the city, county, city and county, or district in which the department is located.
(g) Governmental Employer. The United States Government or any subdivision, department, court or agency thereof; the state or any subdivision, department, court or agency thereof, including special districts, school districts, the Board of Regents of the University of California; or any city, county, city and county or any agency or subdivision thereof.
(h) Route Approval. A review by the department of an employer's primary and alternate driving test routes to ensure that each route meets the requirements set forth by the department for use by the Employer Testing Program participants.
(i) Testing Location. A place of business in California where an employer is authorized by the department to conduct driving tests utilizing the department approved primary and alternate driving test routes.
(j) Third-Party Tester. An employer with a place of business in California that is authorized by the department to conduct commercial behind-the-wheel driving tests for employees on behalf of the department. California Vehicle Code Section 15250(c) grants the department authority to authorize third-party testers to conduct the commercial driving test.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code; Part 383, of Title 49 of the Code of Federal Regulations; and Section 1132.2, Labor Code.
HISTORY
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsection (a), new subsection (f), subsection relettering and amendment of Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
3. Amendment of subsection (a) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
§25.07. Employer Prerequisites.
Note • History
(a) The employer requesting participation in the Employer Testing Program must be engaged in an activity that includes the use of vehicles requiring its employees to possess a valid Class A or Class B commercial driver license or a restricted firefighter Class A or Class B driver license.
(b) The employer must have a terminal(s) in California where business is conducted, driving tests are conducted, and Employer Testing Program records are kept. Rental of a desk or desk space in a structure that is not owned, leased, or rented by the employer does not constitute a valid place of business for purposes of Employer Testing Program qualifications.
(c) A firefighting organization may request limited participation in the Employer Testing Program to conduct behind-the-wheel driving tests only for the purpose of enabling a firefighter to obtain Class A or B license restricted to the operation of firefighting equipment.
(1) To request limited participation in the Employer Testing Program, the firefighting organization shall complete a Application for Employer Number Addendum (DL 520F ETP, New 11/05), which is hereby incorporated by reference, in addition to the Application for Employer Number (DL 520 ETP, Rev. 9/06).
(2) A firefighting organization that is granted limited participation in the program shall not be provided or authorized to issue a Certificate of Driving Skill (DL 170 ETP, Rev. 9/06).
(3) A firefighting organization that is granted limited participation in the program will be provided and authorized to issue a Firefighter Certificate of Driving Skill (DL 170F ETP, Rev. 9/06).
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.
HISTORY
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsection (a), new subsections (c)-(c)(3) and amendment of Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
3. Amendment of subsection (c)(1)-(3) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
§25.08. Employer Testing Program Enrollment.
Note • History
(a) The employer requesting participation in the Employer Testing Program must submit:
(1) A completed and signed original Employer Testing Program Application for Employer Number (DL520ETP, Rev. 9/06), hereinafter referred to as the Application (DL520ETP, Rev. 9/06), which is hereby incorporated by reference.
(2) A completed and signed Employer Testing Program Agreement (DL520B ETP, Rev. 12/2008), hereinafter referred to as agreement (DL520B ETP, Rev. 12/2008), which is hereby incorporated by reference.
(3) The department will sign and return a copy of the agreement to the employer upon approval of the application.
(4) Documentation of primary and alternate driving test routes on the Employer Testing Program Commercial Driving Performance Evaluation Route and Directions (DL814ETP, Rev. 2/03) and the Employer Testing Program Commercial DPE Maneuver Checklist (DL807ETP, Rev. 9/06), which are hereby incorporated by reference, and route map(s) for each driving test route, for department review and approval.
(5) Non-governmental employers shall pay a non-refundable application fee of $45 ($15 for each year for a period of three years).
(b) The department shall assign a unique identifying number, hereafter referred to as the employer number, to each employer enrolled in the Employer Testing Program. Exception: Firefighting organizations may band together under one employer number when using the same driving test route(s).
(c) No amendment, alteration, or variation of the Application (DL520ETP, Rev. 9/06) and Application for Employer Number Addendum (DL520FETP, New 11/05) (firefighting organizations) shall be valid unless made in writing and signed by the employer's Administrator and approved by the department.
(d) A Firefighting organization may request limited participation in the Employer Testing Program to conduct behind-the-wheel driving tests only for the purpose of enabling a firefighter to obtain a Class A or B license restricted to the operation of firefighting equipment. Firefighting organizations requesting limited participation shall submit an Application for Employer Number Addendum (DL520FETP, New 11/05) which is hereby incorporated by reference. The addendum shall be submitted before or during an Employer's enrollment term in the Employer Testing Program.
(e) If the Application (DL520ETP, Rev. 9/06) process has not been completed within 12 months of the department's receipt of the Application (DL520ETP, Rev. 9/06), that Application (DL520ETP, Rev. 9/06) becomes void, and a new Application (DL520ETP, Rev. 9/06), and a non-refundable application fee must be submitted to the department.
(f) The department shall initiate a staggered renewal cycle for existing employers, by imposing a one, two, or three-year renewal period on a one-time basis at the time these regulations are adopted. Subsequent renewal periods shall be for the three-year period. The employer must renew its employer number every three years to remain active in the program.
(g) The department shall send the employer a renewal packet no later than 90 days prior to expiration of the employer number, which shall include:
(1) An Application (DL520ETP, Rev. 9/06) and agreement (DL520B ETP, Rev. 12/2008) for completion.
(2) For firefighting organizations granted limited participation in the Employer Testing Program: An Application for Employer Number Addendum (DL520FETP, New 11/05).
(3) A list of drivers certified in the prior period for verification.
(4) A request for payment of an application fee ($15 for each year) from non-government employers.
(h) The employer shall submit, no later than 45 days prior to expiration of the employer number, the following to renew its employer number. Failure to meet this time frame and/or to provide the required documents may delay the renewal of the employer number.
(1) A completed and signed renewal Application (DL520ETP, Rev. 9/06).
(2) A completed and signed Application for Employer Number Addendum (DL520FETP, New 11/05), if applicable.
(3) A completed and signed agreement (DL520B ETP, Rev. 12/2008).
(4) A list of drivers certified in the prior period signed by the Administrator.
(5) Payment of an application fee ($15 for each year) from non-government employers.
(i) An existing employer shall be required to submit documentation of its primary and alternate driving test routes on the Employer Testing Program Commercial Driving Performance Evaluation Route and Directions (DL814 ETP, Rev. 2/03), the Employer Testing Program Commercial DPE Maneuver Checklist (DL807ETP, Rev. 9/06), and route map(s) for each driving test route, for department review and approval, with its first renewal Application (DL520ETP, Rev. 9/06).
(j) At the discretion of the department, the employer number expiration date may be extended if all application requirements have been met.
(k) If the employer number is expired, cancelled, suspended, or revoked for more than 12 months, the employer shall submit an original Application (DL520ETP, Rev. 9/06) with the appropriate documents and application fees.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.
HISTORY
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2). For prior history, see Register 96, No. 15.
2. Amendment of subsections (a)(2) and (e), new subsection (f), subsection relettering, new subsections (i)(2) and (j)(2), subsection renumbering, amendment of newly designated subsection (k) and amendment of Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
3. Amendment filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
4. Change without regulatory effect amending subsections (a)(2), (g)(1) and (h)(3) filed 2-5-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 6).
Note • History
(a) The following changes must be reported to the department within 10 days of occurrence in writing on company letterhead, or by submitting a completed and signed Application (DL520ETP, Rev. 9/06):
(1) Change of address.
(2) Change of Authorized Representative.
(3) Change in class of license for which driver testing authority is requested.
(b) A change of Administrator or change of employer name must be reported to the department within 10 days of occurrence by submitting an Application (DL520ETP, Rev. 9/06).
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9 and 15250, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.
HISTORY
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsections (a) and (b) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
Note • History
(a) Every employer who applies for a new and/or renewed employer number must provide documentation of primary and alternate driving test routes on the Employer Testing Program Commercial Driving Performance Evaluation Route and Directions (DL814ETP, Rev. 2/03), Employer Testing Program Commercial DPE Maneuver Checklist (DL807ETP, Rev. 9/06), and route map(s). Upon the department's approval, each route will be given a department route approval number.
(b) The department route approval number assigned to the route used for the driving test shall be required on the driving test score sheets and on the Certificate of Driving Skill (DL170ETP, Rev. 9/06) or on the Firefighter Certificate of Driving Skill (DL170FETP, Rev. 9/06).
(c) The department may approve a waiver of missing route elements upon written request by the employer on the Employer Testing Program Commercial DPE Maneuver Checklist (DL807ETP, Rev. 9/06) prior to use of the route.
(d) Any changes to an approved route must be reported by the employer on the Employer Testing Program Commercial Driving Performance Evaluation Route and Directions (DL814ETP, Rev. 2/03), Employer Testing Program Commercial DPE Maneuver Checklist (DL807ETP, Rev. 9/06), along with the route map, and approved by the department prior to use. A new route number may be issued to changed routes.
(e) Corrections to any route found to be deficient by the Federal Motor Carrier Safety Administration (FMCSA), or its representative, and/or the department, or its representative, must be reported by the employer on the Employer Testing Program Commercial Driving Performance Evaluation Route and Directions (DL814ETP, Rev. 2/03), Employer Testing Program Commercial DPE Maneuver Checklist (DL807ETP, Rev. 9/06), and route map; and approved by the department before the new/revised route may be used.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.
HISTORY
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2). For prior history, see Register 97, No. 30.
2. Amendment of section and Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
3. Amendment filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
§25.11. Quality Assurance Oversight.
Note • History
(a) The employer shall establish and maintain a quality assurance program that:
(1) Ensures compliance with all provisions and terms of the Employer Testing Program regulations contained in the California Code of Regulations, Title 13, Sections 25.06 through 25.22.
(2) Ensures adequate internal controls are established for program responsibilities, and appropriate separation of duties are in place for program participants, in accordance with Section 25.19 of these regulations.
(3) Authorizes the Federal Motor Carrier Safety Administration, or its representative, and the department to conduct random examinations, inspections and audits without prior notice.
(4) Permits the department, or its representative to conduct on-site inspections at least annually.
(5) Permits the department to retest certified drivers without cause to compare pass/fail results.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9 and 15250, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.
HISTORY
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2). For prior history, see Register 96, No. 15.
§25.12. Driver Training Program.
Note • History
(a) Every employer shall establish a driver training program for its commercial drivers.
(b) Prior to testing employees for certification purposes under the Employer Testing Program, the employer must provide the employee commercial driver training that includes the following critical elements:
(1) Conducting a vehicle pre-trip safety inspection.
(2) Placing the vehicle or a combination of vehicles in operation.
(3) Using vehicle controls and emergency equipment.
(4) Operating the vehicle in traffic on public roads, and while passing other vehicles.
(5) Turning the vehicle.
(6) Braking and slowing the vehicle by means other than braking.
(7) Backing and parking the vehicle.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9 and 15250, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.
HISTORY
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
Note • History
(a) The employer must establish a driving test program for certification purposes under the Employer Testing Program, which includes the utilization of the Commercial Driver License Driving Performance Evaluation criteria established by the department, in all driving tests used for certification purposes.
(b) All driving tests must be conducted by an Examiner who has been authorized by the department to conduct driving tests for the Employer Testing Program.
(c) All driving tests must be conducted on an employer's department approved route, with no deviations from the approved route.
(d) If the employer utilizes a commercial vehicle with special equipment plates during the driving test, a trip permit is required at the time of the test.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9 and 15250, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.
HISTORY
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
§25.14. Certificate of Driving Skill (DL170ETP and DL170FETP).
Note • History
(a) Upon successful completion of the driving test, a Certificate of Driving Skill (DL170ETP, Rev. 9/06) or Firefighter Certificate of Driving Skill (DL170FETP, Rev. 9/06) shall be completed and signed by the Authorized Representative, Examiner, and driver under penalty of perjury under the laws of the State of California.
(b) When the Certificate of Driving Skill (DL170ETP, Rev. 9/06) or Firefighter Certificate of Driving Skill (DL170FETP, Rev. 9/06) is presented to the department, the department may waive the driving test for a Class A or B license or restricted firefighter license when the driver has first qualified for a Class C driver license, has met the other examination requirements for the license for which the driver is applying as specified in Vehicle Code Section 12804.9, and the department verifies that the Certificate of Driving Skill (DL170ETP Rev. 9/06) or Firefighter Certificate of Driving Skill (DL170FETP, Rev. 9/06) was issued under the provisions of the Employer Testing Program by an authorized employer.
(c) A Certificate of Driving Skill (DL170 ETP, Rev. 9/06) or Firefighter Certificate of Driving Skill (DL170FETP, Rev. 9/06) shall include the following:
(1) Driver's name.
(2) Driver's driver license number.
(3) Driver's address, including city, state and zip code.
(4) Driver's home telephone number, including area code.
(5) Driver's work telephone number, including area code.
(6) Driver's date of employment with employer.
(7) Driver's signature and date signed under penalty of perjury under the laws of the State of California, including city and county where executed.
(8) Date driver passed the driving test.
(9) Type of vehicle(s), and vehicle features, used in the driving test.
(10) Department route approval number.
(11) Vehicle license plate number(s).
(12) Trailer identification plate number(s), if applicable.
(13) Examiner's printed name.
(14) Examiner's California commercial driver license number.
(15) Examiner's signature and date signed under penalty of perjury under the laws of the State of California, including city and county where executed.
(16) Authorized Representative's printed name.
(17) Authorized Representative's driver license number.
(18) Authorized Representative's signature and date signed under penalty of perjury under the laws of the State of California, including city and county where executed.
(19) Authorized Representative's telephone number including area code and extension.
(20) Employer name.
(21) Employer address, including city, state, and zip code.
(22) Employer number.
(d) A Firefighter Certificate of Driving Skill (DL170FETP, Rev. 9/06) shall include all of the information on a Certificate of Driving Skill (DL170ETP, Rev. 9/06) pursuant to Section 25.14(c), and a statement that the driver understands that the license issued based on the certificate will be restricted to operation of firefighting equipment and Class C vehicles.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.
HISTORY
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of section heading, section and Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
3. Amendment of subsections (a)-(c) and (d) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
§25.15. Record-Keeping Program.
Note • History
(a) The employer shall keep records of Employer Testing Program related information on training and testing provided to its certified employee drivers. The employer's records shall include the following:
(1) The employee's full name, address, and driver license number.
(2) The type of instruction the driver was given during training.
(3) The date(s) instruction was given.
(4) The subjects covered.
(5) The total hours of instruction.
(6) The training instructor's full name and address.
(7) A copy of the instructor's contract with the employer, if applicable.
(8) The results of any driving test conducted in conjunction with the training.
(9) The driving test Examiner's name and driver license number.
(10) Examiner's written contract with the employer.
(11) An Employer Testing Program Examiner Driver Testing Log (DL 819 ETP, New 1/2005), which is incorporated by reference, shall document the driving tests conducted, including both passed and failed driving tests. A copy of the Examiner's log shall document the past 90 days of certificate activity. The Examiner's log shall include the following:
(A) Examiner Name.
(B) Examiner Driver License Number.
(C) Examiner class of driver license and endorsements.
(D) Examiner address, city, state and zip code.
(E) Examiner telephone number.
(F) Driver name.
(G) Driver's driver license number.
(H) Name of Driver's Employer.
(I) Date of driving test.
(J) Results of the driving test (passed/failed).
(K) Documentation of any training drive tests conducted pursuant to Section 25.22.
(12) A copy of the trip permit for any commercial vehicle with special equipment plates used in the driving test, valid for the date(s) of the test.
(13) All pass and fail driving test score sheets ETP CDL Pre-Trip Inspection Evaluation Score Sheet/ETP CDL Driving Performance Evaluation Score Sheet (DL65ETP, Rev. 4/03), which is hereby incorporated by reference, used for each employee who is tested for purposes of issuing a Certificate of Driving Skill (DL170ETP, Rev. 9/06) or a Firefighter Certificate of Driving Skill (DL 170FETP, Rev. 9/06), pursuant to Section 25.22(d).
(14) A copy of each Certificate of Driving Skill (DL170ETP, Rev. 9/06) or a Firefighter Certificate of Driving Skill (DL170FETP, Rev. 9/06) issued.
(15) Documentation of the department approved primary and alternate driving test routes on the Employer Testing Program Commercial Driving Performance Evaluation Route and Directions (DL814ETP, Rev. 2/03), the Employer Testing Program Commercial DPE Maneuver Checklist (DL807ETP, Rev. 9/06), and route map(s) for each driving test route.
(b) The employer must keep training records, driving test score sheets, employment records, examiner drive test logs, and all other Employer Testing Program related records for the three most recent years of the employer's participation in the Employer Testing Program and for a minimum of three years after the employer number becomes invalid (i.e., expired, cancelled, revoked, or suspended), during each driver's three most recent years of employment, and three years after the driver is released from employment.
(c) The employer shall make available all Employer Testing Program related records pertaining to driver training, testing, and employment, for monitoring by the Federal Motor Carrier Safety Administration, or its representatives, and the department during normal business hours at the record-keeping location identified on the employer's Application (DL520ETP, Rev. 9/06).
(d) At the department's request, the employer shall make records available which verify that:
(1) The Administrator and Authorized Representative are employees at the time of program activity.
(2) The drivers issued a Certificate of Driving Skill (DL170ETP, Rev. 9/06) or a Firefighter Certificate of Driving Skill (DL170FETP, Rev. 9/06) are its employees at the time of driver training, testing, and certification.
(3) The Examiner is under written contract with the employer at the time of the driving test.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.
HISTORY
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. New subsections (a)(11)-(a)(11)(J), subsection renumbering and amendment of subsection (b) filed 3-30-2005 as an emergency; operative 3-30-2005 (Register 2005, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-28-2005 or emergency language will be repealed by operation of law on the following day.
3. New subsections (a)(11)-(a)(11)(J), subsection renumbering and amendment of subsection (b) refiled 7-28-2005 as an emergency; operative 7-28-2005 (Register 2005, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-25-2005 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 3-30-2005 and 7-28-2005 emergency amendments by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
5. New subsections (a)(11)-(a)(11)(K), subsection renumbering, amendment of newly designated subsections (a)(13)-(15) and subsections (b) and (d)(2) and amendment of Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
6. Amendment of subsections (a)(13)-(15), (c) and (d)(2) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
§25.16. Sample Testing of Certified Drivers.
Note • History
(a) At the discretion of the department, the employer shall permit the department to test a sample of its drivers tested and certified by the employer, for the purposes of comparing pass/fail results between the employer's Examiner and the department's examiners.
(b) The selection of drivers to be tested shall be determined by the department.
(c) The employer shall notify each certified driver of the possibility of being required to pass a department-administered test at the department's discretion.
(d) The department shall provide written notice to the employer and the driver when the driver is selected for the department-administered test.
(e) The employer shall be held responsible for ensuring that the driver is available for a test at the department within 30 days of the department's notice for a department-administered test unless the driver is no longer employed by the employer. The employer must submit a copy of the driver's drive test score sheets to the department within 30 days of the written notice of the selection. If the driver is no longer employed by the employer, the employer shall notify the department within 10 days of receipt of the department's notice of the selection for the department-administered test.
(f) The department shall invalidate the Certificate of Driving Skill (DL170ETP, Rev. 9/06) or Firefighter Certificate of Driving Skill (DL170FETP, Rev. 9/06) if the driver does not return to the department for the department-administered test, which shall result in the driver's license being downgraded to the previous class that the driver possessed before certification.
(g) The department will conduct an investigation of any driver who fails the department-administered test and may require a re-examination of the driver to retain the class of license issued through the Certificate of Driving Skill (DL170ETP, Rev. 9/06) or Firefighter Certificate of Driving Skill (DL170FETP, Rev. 9/06).
(h) If the driver fails the department-administered re-examination, the department shall downgrade the license to the previous class that the driver possessed before certification.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 13800, 13801, 15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.
HISTORY
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsections (f)-(g) and amendment of Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
3. Amendment of subsections (f) and (g) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
§25.17. Cancellations/Reinstatements.
Note • History
(a) An employer with an active employer number may at any time after issuance voluntarily cancel its employer number by submitting to the department an Employer Testing Program Voluntary Cancellation Request of Employer Number (DL520CETP, Rev. 9/06), which is hereby incorporated by reference; or a written request to the department on employer letterhead with the following information:
(1) Employer name.
(2) Mailing address, city, state and zip code.
(3) Terminal physical address, city, state, and zip code.
(4) Telephone number, including area code.
(5) Employer number.
(6) Reason for cancellation.
(7) Effective date of cancellation.
(8) Date of request.
(9) Administrator's printed name and signature.
(b) An employer who has been granted a voluntary cancellation of its employer number and wishes to reactivate its employer number may do so, as long as the prior term of the employer number has not expired. An employer seeking to reactivate an employer number shall submit an Employer Testing Program Request for Reactivation Employer Number (DL817ETP, Rev. 8/03), which is hereby incorporated by reference, to the department. If the employer number expires within 60 days of the date of Request for Reactivation, the employer must submit a renewal Application (DL520ETP, Rev. 9/06), an Application for Employer Number Addendum (DL520FETP, New 11/05) when the employer is a firefighting organization requesting limited participation in the Employer Testing Program, the Employer Testing Program Commercial Driving Performance Evaluation Route and Directions (DL814ETP, Rev. 2/03), Employer Testing Program Commercial DPE Maneuver Checklist (DL807ETP, Rev. 9/06), the route map, and payment of a $45 non-refundable application fee ($15 for each year for a three year period) for non-governmental employers.
(c) The department may cancel an employer number if the employer number was issued in error, by giving the employer at least 15 days prior written notice of such cancellation. Whenever an employer number is cancelled by the department, it shall be without prejudice.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.
HISTORY
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsection (b) and amendment of Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
3. Amendment of subsections (a) and (b) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
§25.18. Sanctions/Reinstatements.
Note • History
(a) The department reserves the right to take prompt and appropriate remedial action against the employer, examiners, and/or its certified drivers in the event that they:
(1) Fail to comply with State and/or federal standards for commercial driver license testing in the federal Code of Regulations, Title 49, Part 383, Subpart E, G and H;
(2) Fail to comply with the terms of the Employer Testing Program provisions in the California Code of Regulations, Title 13, Sections 25.06 through 25. 22, and California Vehicle Code Sections 12804.9(e) and 15250 (c) and (d);
(3) Commit a serious offense that affects public safety; or
(4) Commit fraud or other criminal activity related to participation in the Employer Testing Program.
(b) The department will provide a 15-day written notice to the employer before suspending or revoking the employer number. However, the department shall immediately suspend or revoke the employer number if an employer is engaging in practices in such a manner that immediate suspension or revocation is required for the safety of persons on the highway. In reaching a decision on a disciplinary action, the Director of Motor Vehicles or his or her designee shall consider the guidelines entitled “Employer Testing Program Guidelines for Sanctions” (9/3/02, which are hereby incorporated by reference, and any and all other sanctions provided by relevant statutes and regulations. Deviation from these guidelines is appropriate where the Director or his or her designee, in his or her sole discretion, determines that the facts of the particular case warrant such a deviation, for example, the presence of mitigating factors, the age of the case, and evidentiary problems.
(1) A warning letter may be sent to an employer for minor violations.
(2) A first offense of less severity may be a minimum of 30-days suspension.
(3) A second offense of the same conduct may be a revocation for not less than 12 months.
(4) A serious offense that affects public safety, fraud, and non-compliance with required federal regulations/state statutes, may result in a revocation. A revocation shall be for a period of not less than 12 months.
(c) In the event the department suspends the employer number, the employer will be prohibited from conducting training, testing, and/or driver certification until verification is made that appropriate action has been taken to correct deficiencies causing the suspension, and the department lifts the suspension.
(d) Any action to appeal or review any order of the department canceling, suspending, or revoking an employer number shall be brought in a court of competent jurisdiction under Section 1085 of the Code of Civil Procedure, or as otherwise permitted by the laws of this state. The action shall be commenced within 90 days from the effective date of the order.
(e) An employer who has been suspended may submit a Employer Testing Program Request for Reinstatement Employer Number (DL813ETP, NEW 11/01), which is hereby incorporated by reference, after the period of suspension has ended. The department shall verify that the employer has corrected the deficiencies prior to reinstatement.
(f) An employer that has had its employer number revoked may submit an original Application, (DL520ETP, Rev. 9/06), an Application for Employer Number Addendum, (DL520FETP, New 11/05) when the employer is a firefighting organization requesting limited Employer Testing Program participation, along with proof of correction of the deficiencies which precipitated the revocation, documentation of primary and alternate driving test routes pursuant to subdivision (a)(2) of Section 25.08 of these regulations, and payment of a non-refundable $45 Application fee ($15 per year for three years) for non-governmental employers.
(g) The department shall provide a 15-day written notice to the employer and the Examiner before the department discontinues the Examiner's eligibility to conduct driving tests when it has been determined that driving tests were not conducted pursuant to Commercial Driver License Driving Performance Evaluation requirements; the Examiner has an action taken against his or her commercial driver license that disqualifies him or her to act as an Examiner (the driver license is suspended, revoked, or cancelled, or the driver is on probation for negligent operation of a motor vehicle); or the Examiner is not available to participate in the monitoring of Employer Testing Program activities.
(h) The Examiner must meet the provisions of subdivision (a) of Section 25.22 of these regulations prior to being reinstated after discontinuation of eligibility to act as an examiner under subsection (g). An Employer Testing Program Request for Reinstatement -- Examiner (DL810ETP, Rev. 1/2005), which is hereby incorporated by reference, and a $55 training fee shall be submitted to the department to attend the training. A new Certificate of Training will be issued upon successful class completion.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code; Part 383, of Title 49 of the Code of Federal Regulations; and Sections 11340.5 and 11425.50(e), Government Code.
HISTORY
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsections (g) and (h) filed 3-30-2005 as an emergency; operative 3-30-2005 (Register 2005, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-28-2005 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (g) and (h) refiled 7-28-2005 as an emergency; operative 7-28-2005 (Register 2005, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-25-2005 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 3-30-2005 and 7-28-2005 emergency amendments by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
5. Amendment of subsections (f)-(h) and amendment of Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
6. Amendment of subsection (f) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
§25.19. Employer Roles and Responsibilities.
Note • History
(a) The employer shall designate an Administrator, and shall designate one or more Authorized Representative(s) and one or more Examiner(s).
(1) The Administrator and Authorized Representative may be one and the same person under the same employer number.
(2) The Administrator may not act as an Examiner under the same employer number.
(3) The Authorized Representative may be an Examiner under the same employer number, but cannot assume or sign for both responsibilities on the same Certificate of Driving Skill (DL170ETP, Rev. 9/06) or Firefighter Certificate of Driving Skill (DL170FETP, Rev. 9/06).
(b) The employer must ensure that all drivers are provided commercial driver training pursuant to subdivision (b) of Section 25.12 of these regulations prior to certification.
(c) The employer must enroll each commercial driver under its Employer Pull Notice number after issuance of the Certificate of Driving Skill (DL170ETP, Rev. 9/06) or Firefighter Certificate of Driving Skill (DL170FETP, Rev. 9/06), and during the driver's actual term of employment.
(d) The employer must enroll each Examiner under its Employer Pull Notice number during the employer and Examiner's contract period.
(e) When the employer receives a pull notice printout that reflects that an action has been taken against the Examiner's California commercial driver license that would disqualify the Examiner from conducting tests for certification purposes under subdivisions (a)(2) and (a)(3) of Section 25.22 of these regulations, the employer must immediately discontinue the Examiner's testing authority. The employer must notify the department of this disqualification within 10 days of receipt of the pull notice printout.
(f) Upon adoption of these regulations, prior to allowing an Examiner to conduct a commercial driving test, the employer must:
(1) Ensure the Examiner is eligible under these regulations to administer driving tests for the specified class of license. An Examiner who has not conducted a driving test for 90 consecutive days is not eligible to conduct driving tests until he/she attends and passes a department sponsored Examiner refresher-training course, except as provided in section 25.22(f)(1).
(2) Enter into a written contract with all new examiners at the time of appointment, and with existing examiners at the time of the employer's first renewal.
(g) The employer's contract with the Examiner hereinafter referred to as the “Examiner's contract” must contain, at a minimum, the following provisions. The Examiner must:
(1) Have held a valid California Class A or Class B commercial driver license or a restricted firefighter Class A or Class B driver license for at least three consecutive years with the appropriate classification and endorsement for new and reinstated examiners.
(2) Currently hold a valid California Class A or Class B commercial driver license or a restricted firefighter Class A or Class B driver license with the appropriate classification and endorsements for the requested testing authority prior to being approved to attend training.
(3) Have attended and passed examiner training conducted by the department.
(4) Allow the employer to enroll him/her under the employer's Employer Pull Notice number.
(5) Verify that the driver has acquired an instruction permit from the department prior to testing.
(6) Certify that the driver successfully completed the required commercial driving test (i.e., pre-trip inspection, skills test, and road test).
(7) Certify that the correct type of commercial vehicle(s) was used for the driving test.
(8) Provide the employer with the original score sheets used during the driving test of drivers.
(9) Be available, between the hours of 8:00 a.m. to 5:00 p.m., with notice, to participate in the monitoring of the employer's third party testing program for the duration of the Examiner's contract and for a period of one year after contract termination.
(10) Not conduct commercial driving tests if his/her California commercial driver license is not valid or is on probation for negligent operation of a motor vehicle. Maintain his/her Examiner eligibility by conducting at least one driving test for certification purposes during a consecutive 90-day period; or attend and pass Examiner refresher training to reinstate his/her Examiner eligibility prior to conducting a driving test, except as provided in section 25.22(f)(1).
(11) Maintain an Employer Testing Program Examiner Driver Testing Log (DL 819 ETP, New 1/2005) of all driving tests conducted, including failed driving tests, and provide a copy of the log to the Employer.
(12) Not act as an Examiner for his/her own relative, supervisor, or for himself/herself.
(13) Not sign a Certificate of Driving Skill (DL170ETP, Rev. 9/06) or Firefighter Certificate of Driving Skill (DL170FETP, Rev. 9/06) for his/her own relative, supervisor, or himself/herself.
(14) Not knowingly sign a false or incorrect Certificate of Driving Skill (DL170ETP, Rev. 9/06) or Firefighter Certificate of Driving Skill (DL170FETP, Rev. 9/06).
(h) Prior to the issuance of a Certificate of Driving Skill (DL170ETP, Rev. 9/06) or Firefighter Certificate of Driving Skill (DL170FETP, Rev. 9/06), the employer must ensure that the driver was:
(1) Employed by the employer at the time of training.
(2) Trained prior to taking the driving test.
(3) Employed by the employer at the time the driving test is given.
(4) Employed by the employer at the time the Certificate of Driving Skill (DL170ETP, Rev. 9/06) or Firefighter Certificate of Driving Skill (DL170FETP, Rev. 9/06) was approved by the Authorized Representative.
(5) Required by law to hold a commercial license to operate commercial vehicles in the course of employment with this employer.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.
HISTORY
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsections (f)(1) and (f)(10), new subsection (f)(11) and subsection renumbering filed 3-30-2005 as an emergency; operative 3-30-2005 (Register 2005, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-28-2005 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (f)(1) and (f)(10), new subsection (f)(11) and subsection renumbering refiled 7-28-2005 as an emergency; operative 7-28-2005 (Register 2005, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-25-2005 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 3-30-2005 and 7-28-2005 emergency amendments by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
5. Amendment of section and Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
6. Amendment of subsections (a)(3), (c), (g)(13)-(h) and (h)(4) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
§25.20. Administrator Roles and Responsibilities.
Note • History
(a) The Administrator must be an employee of the employer, and must have sufficient knowledge of the provisions of the California Code of Regulations, Title 13, Sections 25.06 through 25.22, to oversee the program and serve as the employer's liaison with the department.
(b) The Administrator must sign the Application (DL520ETP, Rev. 9/06), Application for Employer Number Addendum (DL520FETP, New 11/05), when the employer is a fire fighting organization applying for limited participation in the Employer Testing Program, Employer Testing Program Commercial Driving Performance Evaluation Route and Directions (DL814ETP, Rev. 2/03) and the Employer Testing Program Commercial DPE Maneuver Checklist (DL807ETP, Rev. 9/06) if requesting a route exemption.
(c) The Administrator is responsible for ensuring compliance with all provisions and terms of the Employer Testing Program regulations contained in the California Code of Regulations, Title 13, Sections 25.06 through 25.22.
(d) The Administrator must ensure that the Authorized Representatives, Examiners, and all drivers abide by the terms of the Employer Testing Program regulations contained in the California Code of Regulations, Title 13, Sections 25.06 through 25.22, in the performance of their roles and responsibilities.
(e) The Administrator must ensure that the driving test used for certification purposes meets the department's Commercial Driver License Driving Performance Evaluation standards.
(f) The Administrator must ensure that the employer continues to meet the qualifying criteria for an employer number pursuant to Section 25.07 of these regulations.
(g) The Administrator must ensure that any deficiencies found in the employer's program are corrected prior to the employer resuming Employer Testing Program training, testing, and driver certification.
(h) The Administrator must provide proper training, testing, and employment records and other required documentation when requested for inspection and verification by the Federal Motor Carrier Safety Administration, or its representative, and the department or its representative.
(i) The Administrator must not allow a Certificate of Driving Skill (DL170ETP, Rev. 9/06) or Firefighter Certificate of Driving Skill (DL170FETP, Rev. 9/06) to be issued when the employer no longer qualifies for participation in the program.
(j) The Administrator must ensure the Examiner has successfully passed the department's Examiner training and has the appropriate valid California commercial driver license for the type of vehicle used for certification purposes, prior to the employer's contract with the Examiner.
(k) The Administrator must not allow an Examiner to conduct a driving test when the Examiner is no longer authorized or qualified to do so.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code, and Part 383, of Title 49 of the Code of Federal Regulations.
HISTORY
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsections (b) and (i) and amendment of Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
3. Amendment of subsections (b) and (i) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
§25.21. Authorized Representative Roles and Responsibilities.
Note • History
(a) The Authorized Representative must be an employee of the employer.
(b) The Authorized Representative shall be responsible for ensuring that the Certificate of Driving Skill (DL170ETP, Rev. 9/06) or Firefighter Certificate of Driving Skill (DL170FETP, Rev. 9/06) is accurate and complete before signing.
(c) The Authorized Representative must verify that the Examiner conducting the commercial driving test has:
(1) a current contract with the employer,
(2) maintained his/her eligibility by conducting a least one driving test during the preceeding 90 day period or successfully completed refresher training prior to conducting the driving test, except as provided in Section 25.22(f)(1) and
(3) a valid commercial driver license with the appropriate class and endorsement, for the commercial driving test conducted at the time of the driving test.
(d) The Authorized Representative must verify that the driver being certified has received specified commercial driver training, and is an employee of the employer at the time of the training.
(e) The Authorized Representative must verify that the driver being tested for certification purposes is an employee of the employer at the time of the driving test.
(f) The Authorized Representative must verify that driver being certified under the employer's employer number is an employee of the employer at the time of certification.
(g) The Authorized Representative must ensure the required test is given to the driver using a department approved route.
(h) The Authorized Representative must not act or sign as the Examiner on the same Certificate of Driving Skill (DL170ETP, Rev. 9/06) or Firefighter Certificate of Driving Skill (DL170FETP, Rev. 9/06).
(i) The Authorized Representative must not act as an Authorized Representative for his/her own relative, supervisor, or for himself or herself.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.
HISTORY
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsection (c) and new subsections (c)(1)-(3) filed 3-30-2005 as an emergency; operative 3-30-2005 (Register 2005, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-28-2005 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (c) and new subsections (c)(1)-(3) refiled 7-28-2005 as an emergency; operative 7-28-2005 (Register 2005, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-25-2005 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 3-30-2005 and 7-28-2005 emergency amendments by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
5. Amendment of section and Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
6. Amendment of subsections (b) and (h) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
§25.22. Examiner Roles and Responsibilities.
Note • History
(a) An Examiner is not authorized to conduct a commercial driving test for his/her employer until he or she does all of the following:
(1) For new and reinstated examiners, shall submit an Employer Testing Program Examiner Application (DL811ETP, Rev. 9/06), which is hereby incorporated by reference, or Employer Testing Program Request for Reinstatement-Examiner (DL810ETP, Rev. 1/2005), whichever is applicable, to the department. The department shall notify the Examiner applicant of their qualification to be enrolled in the department-sponsored Examiner Training class within 30 days of a complete Application. The department shall notify the examiner applicant within 30 days if the examiner fails to meet program requirements as stated in Section 25.22(a)(2) through (6) to be an examiner. A letter will be sent to the applicant explaining the reason for the denial. If the Application is incomplete, a cover letter will be sent to the applicant within 15 days listing the items needing correction.
(2) For new and reinstated examiners, has held a valid commercial driver license for at least three years, with the appropriate class and endorsements.
(3) Currently holds a valid California commercial driver license with appropriate class and endorsements for the type of license for which the Examiner is requesting testing authority. Also, the Commercial Driver License must be consistent with the type required to drive the test vehicle.
(4) Has no current actions against his/her California commercial driver license that would disqualify him/her to act as an Examiner; i.e., suspended, revoked, cancelled, or on probation for negligent operation of a motor vehicle.
(5) Pays a $150 examiner training fee.
(6) Attends and passes a department-sponsored examiner training class to establish his/her eligibility to act as an Examiner and receives a valid Certificate of Training.
(A) If the Examiner does not pass the training course, the training fee is non-refundable.
(B) If the Examiner does not pass the training course and applies to attend the training course again, an additional $150 training fee shall be paid.
(C) If the Examiner does not attend the training class within one year of the department receiving the Employer Testing Program Examiner Application (DL811ETP, Rev. 9/06), the Examiner must submit a new Employer Testing Program Examiner Application (DL811ETP, Rev. 9/06) and pay a $150 training fee to enroll in the department-sponsored examiner training course. Prior training fees paid are not refundable or transferable.
(7) The Examiner must be under written contract with the employer(s) at the time he/she conducts the driving test, as required in section 25.19(f)(2) of these regulations.
(b) The Examiner shall submit a written request to the department when the Examiner seeks authority to test drivers on vehicles that require a class of license or endorsement for which the Examiner is not authorized. The department shall verify that the Examiner has held a California Commercial Driver License for three years of the appropriate class and endorsements for type of license for which the Examiner is requesting testing authority, prior to approval of the request.
(c) The Examiner shall verify that the driver has obtained an instruction permit from the department appropriate for the test vehicle prior to testing.
(d) The Examiner shall maintain on file an Employer Testing Program Examiner Driver Testing Log (DL 819 ETP, New 1/2005) of all driving tests conducted for certification purposes, which includes a record of driving tests conducted under each Employer Number with whom the Examiner has a contract to conduct driving tests. The log must include successfully completed and failed driving tests.
(e) The Examiner shall conduct all driving tests for certification purposes using the Commercial Driver License Driving Performance Evaluation criteria established by the department.
(f) An Examiner, upon authorization by the department to conduct commercial driving tests as defined in Title 13, Section 25.06(b), who fails to conduct a driving test for a period of 90 consecutive days, is ineligible to conduct commercial driving tests upon the 91st day of inactivity and must submit an Employer Testing Program Request for Reinstatement-Examiner (DL 810 ETP, Rev. 1/2005), attend and pass a department sponsored Examiner refresher-training class, and be reinstated by the department before conducting additional commercial driving tests.
(1) An Examiner who conducts driving tests only for a firefighter organization(s) that is a limited participant in the Employer Testing Program shall remain eligible to conduct driving tests even though he/she fails to conduct a driving test for a period of 90 consecutive days, provided that the Examiner completes a training drive test.
(A) The training drive test shall consist of the Examiner conducting a pre-trip inspection, skills test, and road test on the department approved route, accompanied and observed by an Authorized Representative, while the Examiner explains the scoring process.
(B) The Authorized Representative shall make a notation in the Employer Testing Program Examiner Driver Testing Log (DL819ETP, New 1/2005) indicating that a training drive test was successfully completed and shall sign and date the notation.
(2) An Examiner may conduct a drive test with an existing commercially licensed driver employed by the company to meet the 90 day requirement.
(A) The drive test shall consist of the pre-trip inspection, skills test, and road test on a department approved route and utilizing DMV score sheets (DL65 ETP part I, Rev. 4/2003 and the DL65 ETP part II, Rev. 4/2003), which is hereby incorporated by reference. The score sheets shall be retained in the employee file, even though a DL170 ETP is not issued.
(B) The Examiner shall log the driving test on the Employer Testing Program Driver Testing Log (DL819 ETP, New 1/2005) indicating that a training drive test was successfully completed and the authorized representative shall sign and date the notation certifying the training drive test was conducted.
(C) If the driver fails the training test the company shall retrain the driver in the deficient areas noted during the test and note the retraining on the driver training log as specified in section 25.15.
(g) The Examiner shall verify that the driver is given and successfully passes a complete commercial driving test including the pre-trip inspection, skills, and road tests.
(h) The Examiner shall verify that the correct type of commercial vehicle is used for the driving test.
(i) An Examiner shall not act as the Authorized Representative for the same driving test that he/she conducted.
(j) The Examiner shall complete and sign the Certificate of Driving Skill (DL170ETP, Rev. 9/06) or Firefighter Certificate of Driving Skill (DL170FETP, Rev. 9/06) as the Examiner.
(k) An Examiner may work for more than one employer concurrently, as long as he/she is under written contract with each employer.
(l) The Examiner must allow each employer to enroll him/her in the Employer's Pull Notice program during the contract period.
(m) The Examiner shall maintain a valid medical card and ensure that a valid Medical Examination Report (DL51, Rev. 7/2006), which is hereby incorporated by reference, described in Section 110.04(b) of Title 13 of the California Code of Regulations, is on file with the department. An Examiner possessing a noncommercial firefighter license Class A or B must submit a Health Questionnaire (DL546, Rev. 11/04), which is hereby incorporated by reference, described in Sections 28.22 and 28.23 of Title 13 of the California Code of Regulations, to the department.
(n) Upon the department's request, the Examiner shall be available between the hours of 8:00 a.m. to 5:00 p.m., with notice, to participate during the monitoring of the employer's third party testing program for the duration of the Examiner's contract and for one year after termination of the contract.
(o) The Examiner must update testing skills as needed in response to statutory and program changes. The department shall notify Examiners of statutory and program changes, and may require additional department-sponsored training to maintain eligibility.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations. 16
HISTORY
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsections (a)(5) and (a)(6)(B)-(C), new subsections (d) and (f) and subsection relettering filed 3-30-2005 as an emergency; operative 3-30-2005 (Register 2005, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-28-2005 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (a)(5) and (a)(6)(B)-(C), new subsections (d) and (f) and subsection relettering refiled 7-28-2005 as an emergency; operative 7-28-2005 (Register 2005, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-25-2005 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 3-30-2005 and 7-28-2005 emergency amendments by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
5. Amendment of section and Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
6. Amendment filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
§28.18. Minimum Physical and Medical Requirements for Class A, B, or Commercial Class C Driver Licenses; or Ambulance Driver Certificates.
Note • History
The minimum medical requirements for a Class A, B, or Commercial Class C license or Ambulance Driver Certificate, required by Section 12804.9(a)(1), 12527(a) or 15275 of the Vehicle Code shall be:
(a) those standards required of motor carrier drivers by the Federal Highway Administration of the Department of Transportation as set forth in the Federal Motor Carrier Safety Regulations at 49 CFR 391.41 and
(b) those standards recommended in the medical advisory criteria for hypertension as set forth at 49 CFR 391.43(f) (Instructions for Performing and Recording Physical Examinations) prepared by the Federal Motor Carrier Safety Administration as guidelines to aid the medical examiner in making the qualification determination as they relate to blood pressure, hypertension, and recertification periods based on hypertension.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9(a)(1), 12527(a), 15210 and 15275, Vehicle Code; and Sections 391.41 and 391.43, Title 49, Code of Federal Regulations.
HISTORY
1. Change without regulatory effect renumbering former section 100.18 to section 28.18 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of section heading, text and Note filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
3. Amendment of section heading, section and Note filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§28.19. Medical Certificates Required by Section 12804.9(a)(1), 12527(c)(3) and 15275 of the Vehicle Code that May be Issued by the Department of Motor Vehicles.
Note • History
Unless otherwise specified, the medical examination form and medical certificate referenced in this section are those forms approved by the Federal Highway Administration or the Federal Aviation Administration of the United States Department of Transportation. If the medical examiner elects not to issue a medical certificate or the department determines that the applicant does not meet required physical qualifications for such a medical certificate, an applicant wishing to drive ambulances or Class A, B, or Commercial Class C vehicles for purposes other than engaging in interstate commerce, may submit a completed medical examination form to the department for consideration of obtaining a state approved medical certificate. Upon approval by the department, the department may issue a state approved medical certificate which qualifies the applicant to drive ambulances or Class A, B, or Commercial Class C vehicles for purposes other than engaging in interstate commerce if:
(a) The department determines from review of the examination form and any additional medical information submitted, that the applicant meets the standards set forth under Federal Motor Carrier Safety Regulations 49 CFR 391.41, or
(b) The applicant for a Class A or B license, or a Commercial Class C license, does not meet the standards set forth under Federal Motor Carrier Safety Regulations because of a physical condition wherein safe driving ability can be determined by driving examination and in the opinion of the department the defect is compensated for to insure safe driving ability. If such a state approved medical certificate is issued by the department, the applicant shall not be permitted to operate vehicles requiring a passenger vehicle endorsement or a hazardous materials endorsement pursuant to Section 15278 of the Vehicle Code. The department may authorize the applicant to continue to operate any of said vehicles if the applicant is renewing a California Class A, B, or a Commercial Class C license permitting the operation of such vehicles, or is applying for a medical certificate to keep valid such a license that has not yet expired, or
(c) The applicant for a Class A or B license, or a Commercial Class C license, fails to meet the standards set forth under Federal Motor Carrier Regulations because of a condition or conditions other than those wherein safe driving ability can be determined by a driving examination, provided that the department determines upon evaluation of competent medical evidence that the condition or conditions do not affect the driver's ability to drive safely and may reasonably be expected not to affect the driver's ability to drive safely within two (2) years. If such a state approved medical certificate is issued by the department, the applicant shall not be permitted to operate vehicles requiring a passenger vehicle endorsement or a hazardous materials endorsement pursuant to Section 15278 of the Vehicle Code. The department may authorize the applicant to continue to operate any of said vehicles if the applicant is renewing a California Class A, B, or a Commercial Class C license permitting the operation of such vehicles, or is applying for a medical certificate to keep valid such a license that has not yet expired, or
(d) The applicant for an Ambulance Driver Certificate fails to meet the standards set forth under Federal Motor Carrier Regulations provided that the department determines upon evaluation of competent medical evidence that the condition or conditions do not affect his ability to drive safely and may reasonably be expected not to affect his ability to drive safely within two (2) years.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9(a)(1), 12527(c)(3), 13369, 13372, 15210, 15275 and 15278, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 100.19 to section 28.19 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of section heading, text and Note filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
3. Repealer and new first paragraph and amendment of subsections (b), (c) and (d) filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§28.20. Medical Requirements for Hazardous Agricultural Materials Endorsement.
Note • History
(a) The minimum medical requirements for a hazardous materials endorsement issued pursuant to Section 12804.2 of the Vehicle Code shall be those standards specified in Section 28.18 of Article 2.1, Chapter 1, Division 1, of Title 13 of the California Code of Regulations.
(b) The department shall require a person applying for a hazardous agricultural materials endorsement to complete and submit to the department a Health Questionnaire, Form DL 546 (Rev. 11/2004) provided by the department, pursuant to Section 28.23.
(c) If an applicant for a hazardous agricultural materials endorsement fails to meet the medical standards set forth in subdivision (a), the department shall not issue the endorsement unless the applicant is renewing a license with a hazardous agricultural materials endorsement, or is submitting a new Health Questionnaire, form DL 546 (Rev. 11/2004), to retain such an endorsed license that has not yet expired, and the department determines upon evaluation of competent medical evidence that the condition or conditions do not affect the driver's ability to drive safely, and may reasonably be expected not to affect the driver's ability to drive safely within two years.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 12804.2, Vehicle Code.
HISTORY
1. New section filed 9-12-2000; operative 10-12-2000 (Register 2000, No. 37).
2. Amendment of subsections (b) and (c) filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§28.21. Medical Requirements for Restricted Class A Driver License.
Note • History
(a) A person applying for a restricted Class A driver license issued pursuant to Section 12804.12 or 12804.14 of the Vehicle Code shall meet the following minimum medical requirements before a restricted license can be issued:
(1) Color Test. An applicant must be able to recognize the standard red, green, and amber colors of traffic signals and devices.
(2) Peripheral Vision. An applicant must have peripheral vision of 70 degrees or greater in the horizontal Meridian in each eye.
(3) Hearing. An applicant must be able to perceive a forced whispered voice in the better ear, without a hearing aid, at a distance of not less than five (5) feet.
(4) Visual Acuity. An applicant's visual acuity must be 20/40 or better in each eye with or without corrective lenses.
(5) Upper and Lower Extremities. An applicant must have:
(A) no loss of a foot, leg, hand, arm, or finger.
(B) no impairment of a hand or finger which interferes with grasping.
(C) no impairment of an arm, hand, foot, or leg, or any other limitation that interferes with the ability to safely operate a motor vehicle.
(6) Diabetes. An applicant must have no history or clinical diagnosis of diabetes mellitus currently requiring insulin for control.
(A) Prior to evaluation of competent medical evidence as specified in subdivision (c)(2), the department shall not issue a temporary or interim restricted Class A driver license to an applicant who has had a hypoglycemic episode or any adverse reaction related to diabetes in the last three (3) years.
(7) Heart. An applicant must have no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, stroke, or congestive cardiac failure.
(A) Prior to evaluation of competent medical evidence as specified in subdivision (c)(2), the department shall not issue a temporary or interim restricted Class A driver license to an applicant who has had labored breathing, fainting, collapse, congestive heart failure, or other symptoms in the last three (3) years which may interfere with the ability to safely operate a motor vehicle.
(8) Lungs. An applicant must have no established medical history or clinical diagnosis of a respiratory condition such as emphysema, chronic asthma, or tuberculosis that is likely to interfere with ability to safely operate a motor vehicle.
(9) Blood Pressure. An applicant must have no current clinical diagnosis of high blood pressure which is likely to interfere with the ability to safely operate a motor vehicle.
(A) Prior to evaluation of competent medical evidence as specified in subdivision (c)(2), the department shall not issue a temporary or interim restricted Class A driver license to an applicant whose blood pressure is usually 140/90 or higher.
(10) Muscle, Orthopedic, or Vascular Condition. An applicant must have no established history or clinical diagnosis of a rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease which interferes with the ability to safely operate a motor vehicle.
(11) Mental Condition. An applicant must have no diagnosis of a mental, nervous, organic or functional disease, or psychiatric disorder which is likely to interfere with the ability to safely operate a motor vehicle.
(12) Epilepsy and/or Lapse of Consciousness. An applicant must have no established medical history or clinical diagnosis of epilepsy, or any other condition which is likely to cause loss of consciousness or any loss of ability to control a motor vehicle.
(A) Prior to evaluation of competent medical evidence as specified in subdivision (c)(2), the department shall not issue a temporary or interim restricted Class A driver license to an applicant who has had a loss of consciousness or loss of ability to control a motor vehicle in the last three (3) years.
(13) Drugs. An applicant must not use a controlled substance, amphetamine, narcotic, or any other habit-forming drug.
(A) If the applicant is taking a substance or drug that is prescribed by the doctor who is familiar with the driver's medical history and has advised the driver that the substance or drug will not adversely affect the driver's ability to safely operate a motor vehicle, the department may issue a restricted Class A driver license to the applicant.
(14) Alcohol. An applicant must have no current clinical diagnosis of alcoholism.
(b) The department shall require a person applying for a restricted Class A driver license to complete and submit to the department a Health Questionnaire, form DL 546 (Rev. 11/2004), provided by the department, pursuant to Section 28.23.
(c) If an applicant for a restricted Class A driver license does not meet the medical requirements set forth in subdivision (a), the department may issue a restricted Class A license under any of the following conditions:
(1) The department does not meet the minimum medical requirements set forth in subdivision (a) because of a physical condition wherein safe driving ability can be determined by driving examination and, in the opinion of the department, the defect is compensated for to insure safe driving ability; or
(2) The department determines, upon evaluation of competent medical evidence, that the condition or conditions do not affect the driver's ability to drive safely and may reasonably be expected not to affect the driver's ability to drive safely within two (2) years.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.12 and 12804.14, Vehicle Code.
HISTORY
1. New section filed 9-12-2000; operative 10-12-2000 (Register 2000, No. 37).
2. Amendment of subsections (a)(9)(A) and (b) filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§28.22. Medical Requirements for Restricted Fire Fighter Driver License.
Note • History
(a) The minimum medical requirements for a restricted fire fighter driver license issued pursuant to Section 15250.6 of the Vehicle Code shall be those standards specified in Section 28.18 of Article 2.1, Chapter 1, Division 1, of Title 13 of the California Code of Regulations.
(b) The department shall require a person applying for a restricted fire fighter driver license to complete and submit to the department a Health Questionnaire, Form DL 546 (Rev. 11/2004) provided by the department, pursuant to Section 28.23.
(c) If an applicant for a restricted firefighter driver license fails to meet the medical standards specified in subdivision (a), the department may issue the license under any of the following conditions:
(1) The applicant does not meet the medical standards set forth in subdivision (a) because of a physical condition wherein safe driving ability can be determined by driving examination and, in the opinion of the department, the defect is compensated for to insure safe driving ability; or
(2) The applicant fails to meet the standards set forth in subdivision (a) because of a condition or conditions other than those wherein safe driving ability can be determined by a driving examination, provided that the department determines upon evaluation of competent medical evidence that the condition or conditions do not affect the driver's ability to drive safely, and may reasonably be expected not to affect the driver's ability to drive safely within two (2) years.
(3) If a restricted fire fighter driver license is issued under these conditions, the applicant shall not be permitted to operate vehicles requiring a passenger vehicle endorsement or hazardous materials endorsement pursuant to Section 15278 of the Vehicle Code. The department may authorize the applicant to continue operating such vehicles if the applicant is renewing a restricted fire fighter license, or is submitting a new Health Questionnaire, form DL 546 (Rev. 11/2004), to retain such a license that has not yet expired.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 15250.6, Vehicle Code.
HISTORY
1. New section filed 9-12-2000; operative 10-12-2000 (Register 2000, No. 37).
2. Amendment of subsections (b) and (c)(3) filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
3. Change without regulatory effect amending subsection (a) and Note filed 8-24-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 34).
Note • History
(a) The Health Questionnaire, form DL 546 (Rev. 11/2004), shall be submitted upon application for a hazardous agricultural materials endorsement, restricted Class A driver license, or restricted fire fighter driver license and every two years thereafter.
(b) The Health Questionnaire shall contain the following information:
(1) The applicant's true full name, address, date of birth, driver license number, and daytime telephone number.
(2) A “yes” or “no” response as to whether the applicant:
(A) has difficulty recognizing the colors of red, green, and amber used in traffic signal lights and devices.
(B) has peripheral vision of less than 70 degrees for either eye.
(C) has difficulty perceiving a forced whispered voice in the better ear, without a hearing aid, at not less than five (5) feet.
(D) has a vision impairment in either eye that is not correctable to visual acuity of 20/40 or better.
(E) has a missing foot, leg, hand, finger, or arm.
(F) has an impairment of a hand or finger.
(G) has any other impairment of an arm, hand, foot, or leg, or any other limitation.
(H) has diabetes requiring insulin for control.
(I) has had a hypoglycemic episode in the last three (3) years.
(J) has had any other adverse reaction related to diabetes in the last three (3) years.
(K) has had a heart attack, angina, coronary insufficiency, thrombosis, stroke, or other heart problem, or cardiovascular disease, and if “yes,” whether the applicant has had labored breathing, fainting, collapse, congestive heart failure, or other symptoms in the last three (3) years.
(L) has been diagnosed with a respiratory condition, such as emphysema, chronic asthma, or tuberculosis and, if “yes,” whether the respiratory condition is likely to interfere with the applicant's ability to drive a motor vehicle safely.
(M) has been diagnosed with high blood pressure, and if “yes,” whether the applicant's blood pressure is usually 140/90 or higher.
(N) has never been diagnosed with a rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease, and if “yes,” whether the condition is likely to interfere with the applicant's ability to drive a motor vehicle safely.
(O) has ever been diagnosed with any mental, nervous, organic, or functional disease, or psychiatric disorder and, if “yes,” whether the condition is likely to interfere with the applicant's ability to drive a motor vehicle safely.
(P) has ever been diagnosed with epilepsy or any other condition which may cause loss of consciousness or loss of control, and if “yes,” whether the applicant has had a loss of consciousness or loss of control in the last three (3) years.
(Q) uses a controlled substance, amphetamine, narcotic, or any other habit-forming drug, and if “yes,” whether the applicant's physician prescribed the drug and whether the applicant's physician advised the applicant not to drive when taking the drug.
(R) has a current clinical diagnosis of alcoholism, and if “yes,” when the applicant last had an alcoholic beverage.
(3) An explanation of any “yes” answer.
(4) The physician's name, office address, and telephone number.
(5) The month and year of the applicant's last visit to the physician.
(6) A certification, signed and dated by the applicant under penalty of perjury, that the information provided is true and correct, and that the applicant consents to the release of medical information to the department by the physician named on the form.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.2, 12804.12, 12804.14 and 15250.5, Vehicle Code.
HISTORY
1. New section filed 9-12-2000; operative 10-12-2000 (Register 2000, No. 37).
2. Amendment of subsections (a) and (b)(2)(M) filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§29.00. Driver Record Checks for Commercial Driver License Applicants.
Note • History
(a) The department shall conduct a check of the Commercial Driver License Information System and National Driver Registry records on all commercial driver license applicants to determine licensing eligibility as required by Vehicle Code sections 12805, 12807, 12808, 12809 and 15250.
(1) The Problem Driver Pointer System will be used to complete the check of the National Driver Registry records.
(b) For an original or renewal application for a commercial driver license in California, the department shall inquire through the Commercial Driver License Information System and Problem Driver Pointer System to collect driver information from all prior state licensing jurisdictions declared by the applicant on the driver license application.
(c) Upon inquiry by another state jurisdiction about a commercial driver, the department shall release the information concerning traffic accidents, convictions of traffic violations, and withdrawals of the driving privilege on the driver record within 10 days of the inquiry.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12805, 12807, 12808, 12809 and 15250, Vehicle Code; and Sections 383.73, 384.205, 384.206, 384.208, 384.210 and 384.220, Title 49, Code of Federal Regulations.
HISTORY
1. New section filed 2-26-2009; operative 3-28-2009 (Register 2009, No. 9).
Article 2.2. Licenses for Minors Under Age of Eighteen
History
HISTORY
1. Change without regulatory effect renumbering former section 100.40 to section 50.40 and adding article 2.2 designation filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Change without regulatory effect repealing section filed 1-10-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
§50.45. Minimum Instruction Requirements Acceptable to the Department.
Note • History
(a) Certification of driver education by a licensed driving school or educational institution other than a secondary school must be based on the areas prescribed for automobile driver education stated in Section 10020 of Title 5 of the California Code of Regulations. Classroom instruction shall be a minimum of thirty (30) fifty-minute periods. Instruction shall be based on a teaching guide furnished by the department.
(b) Pursuant to behind-the-wheel training certification, the training must be a minimum of six (6) hours. Training shall be based on a teaching guide furnished by the department.
NOTE
Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Section 12814.6, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 100.45 to section 50.45 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Change without regulatory effect amending section and adding Note filed 1-10-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
§55.01. Driver Education Pilot Program.
Note • History
NOTE
Authority cited: Sections 1651 and 12814.8, Vehicle Code. Reference: Section 12814.8, Vehicle Code.
HISTORY
1. New section filed 5-22-2001; operative 5-22-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 21).
2. Change without regulatory effect repealing section filed 4-9-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 15).
§55.02. Requirements for Driving Schools Participating in the Driver Education Pilot Program.
Note • History
NOTE
Authority cited: Sections 1651 and 12814.8, Vehicle Code. Reference: Section 12814.8, Vehicle Code.
HISTORY
1. New section filed 5-22-2001; operative 5-22-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 21).
2. Change without regulatory effect repealing section filed 4-9-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 15).
§55.03. Record Keeping and Reporting Requirements for Participating Driving Schools.
Note • History
NOTE
Authority cited: Sections 1651 and 12814.8, Vehicle Code. Reference: Section 12814.8, Vehicle Code.
HISTORY
1. New section filed 5-22-2001; operative 5-22-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 21).
2. Change without regulatory effect repealing section filed 4-9-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 15).
§55.04. Inspections, Examinations and Audits by the Department.
Note • History
NOTE
Authority cited: Sections 1651 and 12814.8, Vehicle Code. Reference: Section 12814.8, Vehicle Code.
HISTORY
1. New section filed 5-22-2001; operative 5-22-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 21).
2. Change without regulatory effect repealing section filed 4-9-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 15).
§55.05. Advertisement of Driver Education Pilot Program by a Driving School.
Note • History
NOTE
Authority cited: Sections 1651 and 12814.8, Vehicle Code. Reference: Section 12814.8, Vehicle Code.
HISTORY
1. New section filed 5-22-2001; operative 5-22-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 21).
2. Change without regulatory effect repealing section filed 4-9-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 15).
§55.06. Participant/Applicant Requirements.
Note • History
NOTE
Authority cited: Sections 1651 and 12814.8, Vehicle Code. Reference: Section 12814.8, Vehicle Code.
HISTORY
1. New section filed 5-22-2001; operative 5-22-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 21).
2. Change without regulatory effect repealing section filed 4-9-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 15).
Article 2.3. Financial Responsibility
SUSPENSION OF LICENSE FOLLOWING ACCIDENT
§75.20. Policy or Bond Not in Effect at Time of Accident; Notice by Insurance Company or Surety Company.
Note • History
(a) Manner of Giving Notice. The notification required by Section 16057 shall be rendered in writing, by the completion of the notice received from the department.
(b) Preparing the Notice. The notification shall be signed by a person authorized by the company.
(c) Time of Notice. The notification shall be given to the department within twenty days from the date of mailing as it appears on the notice.
(d) Mailing the Notice. The notification shall be forwarded to the Department of Motor Vehicles, Financial Responsibility, Sacramento, California.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 16020, 16021(b) and 16057, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 100.20 to section 75.20 and adding article heading filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
A driver suspended for failure to provide evidence of financial responsibility, pursuant to Vehicle Code section 16070, is exempt pursuant to Vehicle Code section 16073 from the suspension when his/her employment requires the operation of a motor vehicle as part of his/her duties and the vehicle is not registered in the suspended driver's name. Neither an application, payment of fee(s), or proof of financial responsibility pursuant to Vehicle Code section 16430 is required to be provided by the suspended driver to qualify for the exemption. No marking of the driver license or the department's records is necessary for this exemption.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 16070 and 16073, Vehicle Code.
HISTORY
1. New section filed 6-28-2000; operative 7-28-2000 (Register 2000, No. 26).
§77.05. Restricted License Requirements.
Note • History
(a) A person whose driving privilege has been suspended pursuant to Vehicle Code section 16070 may apply and qualify for one or more financial responsibility driver license restrictions as described in Sections 77.15, 77.16 and 77.17, Division 1, Chapter 1 of Title 13 of the California Code of Regulations by submitting the following to the department:
(1) An application for the restriction(s) as described in Sections 77.10, 77.15, 77.16 and 77.17, Division 1, Chapter 1 of Title 13 of the California Code of Regulations with the appropriate sections completed and signed.
(2) Proof of financial responsibility pursuant to Vehicle Code section 16430.
(3) A fee totaling $250, as specified in Vehicle Code sections 16072 and 16077.
(A) A single $250 restriction fee, pursuant to Vehicle Code sections 16072 and/or 16077, qualifies an applicant for one or more financial responsibility driver license restrictions in lieu of the mandatory one-year suspension.
(B) The $250 fee shall be payable in a single payment.
(b) The applicant shall not be eligible for the driver license restriction(s) if any other suspension or revocation of the driving privilege is in effect or if the applicant's driver license is a commercial class A, class B or class C. When a driver with a commercial driver license downgrades to a non-commercial class C or M driver license, he/she may be eligible for the driver license restriction(s).
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 16070, 16072, 16077, 16078 and 16430, Vehicle Code.
HISTORY
1. New section filed 6-28-2000; operative 7-28-2000 (Register 2000, No. 26).
2. Amendment of section and Note filed 1-30-2006; operative 3-1-2006 (Register 2006, No. 5).
§77.10. Application for a Driver License Restriction.
Note • History
To drive a motor vehicle pursuant to Vehicle Code sections 16072 and 16077 and as described in Sections 77.15, 77.16 and 77.17, Division 1, Chapter 1 of Title 13 of the California Code of Regulations, the applicant shall complete, sign and submit to the department for approval the Application for Non-Commercial Restricted Driver License for Financial Responsibility Actions, form DL 691 (REV. 6/2005), which is hereby incorporated by reference. All applicants regardless of the restriction requested shall complete the Applicant Information section and Part D prior to submitting the form to the department.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 16070, 16072, 16077 and 16078, Vehicle Code.
HISTORY
1. New section filed 6-28-2000; operative 7-28-2000 (Register 2000, No. 26).
2. Amendment filed 1-30-2006; operative 3-1-2006 (Register 2006, No. 5).
§77.15. Employment Restriction.
Note • History
To drive a motor vehicle (including vehicles registered in the applicant's name) to and from employment and during the course of employment, the applicant shall submit the Application for Non-Commercial Restricted Driver License for Financial Responsibility Actions, form DL 691 (REV. 6/2005), with Part A completed. The restriction is not valid for a commercial class A, class B or class C driver license.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 16070, 16072 and 16073, Vehicle Code.
HISTORY
1. New section filed 6-28-2000; operative 7-28-2000 (Register 2000, No. 26).
2. Amendment of section and Note filed 1-30-2006; operative 3-1-2006 (Register 2006, No. 5).
§77.16. School Transportation Restriction.
Note • History
(a) To transport a minor dependent in the applicant's immediate family to and/or from a primary or secondary educational institution (Kindergarten through Twelfth grade), the applicant shall submit the Application for Non-Commercial Restricted Driver License for Financial Responsibility Actions, form DL 691 (REV. 6/2005), with Part B completed.
(b) For the purposes of this section a “minor dependent in the immediate family” is defined as any person enrolled in a primary or secondary educational institution who either resides within the household of the applicant or, without regard to place of residence, is the applicant's son, daughter, brother or sister.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 16072, Vehicle Code.
HISTORY
1. New section filed 6-28-2000; operative 7-28-2000 (Register 2000, No. 26).
2. Amendment filed 1-30-2006; operative 3-1-2006 (Register 2006, No. 5).
§77.17. Medical Treatment Restriction.
Note • History
(a) To drive to and from medical and/or mental health treatments for the suspended driver and/or an immediate family member of the suspended driver, the applicant shall submit the Application for Non-Commercial Restricted Driver License for Financial Responsibility Actions, form DL 691 (REV. 6/2005), with Part C completed.
(b) For the purposes of this section “immediate family members” shall include, but are not limited to: a spouse, children, parents, or anyone who resides within the household of the applicant.
(c) For the purposes of this section and pursuant to Vehicle Code section 16077 and Evidence Code section 1010, a “practitioner” shall be defined as the health care professional licensed by the State of California who prescribed the treatment(s) upon which the restriction application is based. The professions qualified to sign shall include, but not be limited to: licensed physicians; surgeons; nurse practitioners; psychiatrists; psychologists; clinical social workers; and marriage, family and child counselors.
(d) A “serious health problem” shall be defined as a health problem that requires more than one treatment appointment.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 1010, Evidence Code; and Section 16077, Vehicle Code.
HISTORY
1. New section and new form DL 691 filed 6-28-2000; operative 7-28-2000 (Register 2000, No. 26).
2. Amendment of subsections (a) and (b) and removal of form DL 691 (incorporated by reference) filed 1-30-2006; operative 3-1-2006 (Register 2006, No. 5).
CERTIFICATES OF SELF-INSURANCE
Note • History
As used in this article, the following definitions shall apply:
(a) A “financial statement” shall include, but not be limited to, the documents commonly known as balance sheets, profit and loss statements, explanatory notes or other documents which allow the department to determine an applicant's net financial worth.
(b) An “independent certified public accountant” is a certified public accountant, lawfully licensed to audit financial statements and render an opinion of an applicant's financial condition. For purposes of this regulation, an independent certified public accountant shall not be an employee of, or have any material or vested interest in the entity being audited.
(c) “Net worth” shall be defined as an applicant's net financial worth determined by calculating financial assets minus liabilities as identified on the financial statements and application or renewal attachments.
(1) Liabilities include unresolved past, current and future financial responsibility obligations and assessed risk factors.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 16053, Vehicle Code.
HISTORY
1. New section filed 6-26-2001; operative 7-26-2001 (Register 2001, No. 26).
Note • History
The applicant shall meet the following requirements to qualify as a self-insurer:
(a) The applicant shall have more than 25 motor vehicles registered in the name of the applicant as it appears on the Application for Certificate of Self-Insurance, form SR44 (REV. 6/01).
(b) The applicant shall provide audited financial statements of the applicant's net worth as defined in Section 80.00, Division 1, Chapter 1, of Title 13, of the California Code of Regulations. Included with the financial statements shall be an opinion of the financial condition of the applicant rendered by an independent certified public accountant.
(c) The net worth evidenced on the financial statement(s) submitted with the original application and subsequent annual renewals shall be equal to or greater than the net worth pursuant to Section 80.60, Division 1, Chapter 1, of Title 13, of the California Code of Regulations.
(d) No unsatisfied final judgments shall exist against the applicant's name resulting from property damages and/or bodily injury (including death) that occurred as a result of a motor vehicle accident.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 16053, 16054.2, Vehicle Code.
HISTORY
1. New section filed 6-26-2001; operative 7-26-2001 (Register 2001, No. 26).
Note • History
(a) An applicant requesting the self-insurance method of compliance to the financial responsibility law pursuant to Vehicle Code section 16053 shall complete, sign and certify under penalty of perjury under the laws of the State of California, an Application for a Certificate of Self-Insurance, form SR44 (REV. 6/01).
(1) The Application for a Certificate of Self-Insurance, form SR44 (REV. 6/01) is hereby incorporated by reference.
(b) The department shall consider the completed Application for a Certificate of Self-Insurance, form SR44 (REV. 6/01) in accordance with the provisions of Articles 2 and 3, Chapter 1, of Division 7 of the Vehicle Code and Section 80.00, et seq., Division 1, Chapter 1, of Title 13, of the California Code of Regulations. If the application is approved, the department shall issue a Certificate of Self-Insurance form SR27 (REV. 10/99), which contains an assigned number that serves as evidence of financial responsibility as established in Vehicle Code section 16020(b)(2) and proof of financial responsibility pursuant to Vehicle Code section 16436.
(c) The Certificate of Self-Insurance, form SR27 (REV. 10/99) shall serve as proof or evidence of financial responsibility under Article 2, Chapter 1, and Article 1, Chapter 3, Division 7 of the Vehicle Code.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 16052, 16053, 16054.2 and 16436, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 100.50 to section 80.50 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Repealer and new section filed 6-26-2001; operative 7-26-2001 (Register 2001, No. 26).
Note • History
(a) The application for a Certificate of Self-Insurance, form SR44 (REV. 6/01) shall be accompanied by an audited financial statement for the three--year period immediately preceding the date of application. The financial statement shall include an opinion of the net worth of the applicant rendered by an independent certified public accountant.
(1) This opinion shall apply to the net worth of the applicant for the date and time when the financial statement is signed.
(b) When an applicant has not been in existence for three years prior to the date of application, the department may accept a financial statement covering the period the applicant has been in existence.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 16053, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 100.55 to section 80.55 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of section and new Note filed 6-26-2001; operative 7-26-2001 (Register 2001, No. 26).
Note • History
The audited financial statement shall reflect a net worth of not less than $2,200,000 on the date of application.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 16053 and 16054.2, Vehicle Code; and Sections 700.01, 700.02 and 700.25, Insurance Code.
HISTORY
1. Change without regulatory effect renumbering former section 100.60 to section 80.60 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of section and new Note filed 6-26-2001; operative 7-26-2001 (Register 2001, No. 26).
§80.65. Additional Information.
Note • History
The department shall require a statement of claims and losses during the preceding three year period, a history of insolvency proceedings, accident and civil judgment history, claim reserves, and any relevant additional information necessary to determine the initial and continuing ability of the applicant to pay future claims.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 16053 and 16054.2, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 100.65 to section 80.65 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of section and new Note filed 6-26-2001; operative 7-26-2001 (Register 2001, No. 26).
§80.70. Updated Financial Statement.
Note • History
If a Certificate of Self-Insurance, form SR27 (REV. 10/99) has not been issued or has been refused within six months of the date of application, the department may require the applicant to submit an updated financial statement.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 16053 and 16054.2, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 100.70 to section 80.70 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of section and new Note filed 6-26-2001; operative 7-26-2001 (Register 2001, No. 26).
Note • History
(a) The holder of a Certificate of Self-Insurance, form SR27 (REV. 10/99) shall submit to the department within twelve months after issuance of the certificate and at twelve month intervals thereafter, a completed Financial Responsibility Self-Insurance Renewal Attachment, form SR70 (REV. 3/98), which is hereby incorporated by reference and an audited financial statement for the previous year.
(1) The statement shall include an opinion of the net worth of the holder of the certificate rendered by an independent certified public accountant.
(A) This opinion shall apply to the net worth of the certificate holder for the date and time when the financial statement for the renewal application is signed.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 16053 and 16054.2, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 100.75 to section 80.75 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of section heading and section and new Note filed 6-26-2001; operative 7-26-2001 (Register 2001, No. 26).
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 16005, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 100.80 to section 80.80 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Repealer of section and new Note filed 8-22-96; operative 9-21-96 (Register 96, No. 34).
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 14100 and 16053(b), Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 100.85 to section 80.85 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Change without regulatory effect repealing section filed 3-28-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 13).
§80.90. Grounds for Cancellation.
Note • History
Reasonable grounds for cancellation of a certificate of self-insurance shall include, but not be limited to, the following:
(a) Failure of the holder of the certificate to maintain the requirements for obtaining a certificate as required by this article.
(b) Inability, refusal or failure of the holder of the certificate to submit annual financial statements, the Financial Responsibility Self-Insurance Renewal Attachment, form SR70 (REV. 3/98) and requested supporting documentation as required by this article.
(c) Submission of fraudulent or incomplete documents.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 16053 and 16054.2, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 100.90 to section 80.90 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of section and Note filed 6-26-2001; operative 7-26-2001 (Register 2001, No. 26).
§82.00. Uniform Insurance Card.
Note • History
Every insurance company licensed to offer private passenger liability policies as described in Section 660(a) and (b) of the Insurance Code, except as provided in Vehicle Code section 4000.37, shall issue to each policy holder, for each vehicle covered by private passenger liability insurance, a California Evidence of Liability Insurance Document (REG 890A (Rev 5/97)).
(a) Form Layout. The information must appear on the California Evidence of Liability Insurance Document (REG 890A (Rev 5/97) as it appears in the following sample:
Embedded Graphic 13.0001
(b) Form Content. Each California Evidence of Liability Insurance Document shall contain the following information:
(1) A statement that the policy complies with Sections 16056 or 16500.5 of the California Vehicle Code
(2) The primary name of the insured covered by the policy, or the vehicle owner, or both
(3) The Vehicle Identification Number
(4) The make/manufacturer of the vehicle
(5) The year model of the vehicle
(6) The policy number issued for the policy
(7) The effective date of the coverage
(8) The scheduled expiration date of the coverage
(9) The name of the insurance company
(10) The address of the insurance company
(11) The five-digit National Association of Insurance Commissioners (NAIC) Number issued for the insurance company.
(c) Paper Specifications. The paper used for the California Evidence of Liability Insurance Document (REG 890A (Rev 5/97) shall meet the following specifications: Maximum and minimum 24 lbs. (90 gm2) OCR White Bond, and Laser Compatible. The paper shall be compliant with the American National Standard (ANSI) X3.96-1983, for Information systems -- Continuous Business Forms (Single Part) -- Paper Sizes.
(d) Document Size. The document shall be 3.5 inches tall and 8.5 inches wide. The document may be issued as a removable stub of a larger document.
(e) Color Ink. The ink used for completion of this form shall be black.
(f) Electronic Content
(1) Form number 89000 in postnet barcode font must be located 1/2 inch from the top and the right-side edge of the form. The form must have a 1/4 inch quiet zone around the postnet form number 89000. A stop and start bar must bracket the barcode.
(2) Each form shall also include a 72-digit electronic scan line of data that meets the following specifications:
(A) Font: OCR Font -- A (OCRA) -- 10 characters per inch
(B) Location: 1.2 centimeters from the bottom of the form; 1.2 centimeters from the right edge; and 2 centimeters from the left edge
(3) The OCR scan line shall contain the following information, in order:
(A) A two-position mail extraction code of `FR'.
(B) A five-position National Association of Insurance Commissioners number.
(C) An eight-position policy effective date (MMDDCCYY format)
(D) An eight-position policy expiration date (MMDDCCYY format)
(E) A four-position vehicle year model (CCYY format)
(F) A three-position vehicle make, use the first three digits of the make. If the vehicle make is less than three positions, the remaining positions will be `9' (right fill)
(G) A two-position number indicating the number of positions that will be used for the vehicle identification number (01-30)
(H) A thirty-position vehicle identification number field, right filled with `0' if the number is less than thirty positions. If the vehicle identification number is greater than thirty positions, report the first 30 positions.
(I) An eight-position filed of zeroes (00000000)
(J) A two-position check digit (Algorithm). The DMV will make the algorithm available to insurance companies.
NOTE
Authority cited: Sections 1651 and 4000.37, Vehicle Code Reference: Sections 4000.37 and 16056, Vehicle Code; and Section 660, Insurance Code.
HISTORY
1. New section filed 5-7-2003; operative 1-1-2004 (Register 2003, No. 19).
Note • History
(a) Satisfactory evidence of financial responsibility as used in this Article shall mean private passenger automobile liability policies and coverages, private passenger automobile policies and coverages issued by an automobile assigned risk plan electronically reported as established in Vehicle Code sections 4000.38 or 16058, or any of the documents in Section 85.04, Article 2.3, Chapter 1, Division 1 of Title 13 of the California Code of Regulations.
(b) “Issuance of original registration or transfer of registration” as used in this article shall mean the issue date of the registration card identified in Vehicle Code Section 4453, which is produced for vehicles subject to registration as specified in Article 1, Chapter 1, Division 3, of the Vehicle Code.
NOTE
Authority cited: Sections 1651 and 16058, Vehicle Code. Reference: Sections 4000.37, 4000.38, 16053, 16054.2 and 16058, Vehicle Code.
HISTORY
1. New section filed 6-30-2006; operative 7-30-2006 (Register 2006, No. 26).
§85.02. Registration Suspension.
Note • History
(a) When the department determines that the vehicle registration has been obtained by providing false evidence of financial responsibility, a written notification shall be sent to the registered owner(s) requiring satisfactory evidence of financial responsibility to be received by the department or its agent within thirty (30) days from the date of the notification or a suspension takes effect.
(b) When an insurance company informs the department that the required vehicle insurance policy or coverage is canceled, a written notification shall be sent to the registered owner(s) requiring satisfactory evidence of financial responsibility to be sent to the department or its agent within forty-five (45) days from the date of the notification or a suspension takes effect.
(c) When evidence of financial responsibility has not been provided to the department within thirty (30) days after issuance of original registration or transfer of registration, a written notification shall be sent to the registered owner(s) requiring satisfactory evidence of financial responsibility to be sent to the department or its agent within thirty (30) days from the date of the notification or a suspension takes effect.
NOTE
Authority cited: Sections 1651 and 16058, Vehicle Code. Reference: Sections 4000.37, 4000.38 and 16058, Vehicle Code.
HISTORY
1. New section filed 6-30-2006; operative 7-30-2006 (Register 2006, No. 26).
§85.04. Alternative Procedure to Electronic Insurance Reporting.
Note • History
(a) Under the alternative procedure authorized under Vehicle Code section 16058(e)(2), the department shall accept the following documents to permit the timely renewal of vehicle registration.
(1) An insurance card as described in Vehicle Code section 4000.37 and Section 82.00, Article 2.3, Chapter 1, Division 1 of Title 13 of the California Code of Regulations.
(2) A department-issued certificate of self insurance form authorized under Vehicle Code section 16053 and Section 80.50(c), Article 2.3, Chapter 1, Division 1 of Title 13 of the California Code of Regulations.
(3) A department-issued written confirmation of cash deposited with the department pursuant to Vehicle Code section 16054.2.
(4) Documentation of a liability policy pursuant to Vehicle Code sections 4000.37 or 16054.2(b) that indicates coverage issued by a charitable risk pool, which may be provided by an insurance company admitted to do business in California or by the charitable risk pool.
(5) An insurance covering note or binder authorized under Insurance Code section 382 or 382.5 and provided by an insurance company authorized to do business in California.
(b) Registration accepted under the alternative procedure shall be subject to verification by the department or its agent.
NOTE
Authority cited: Sections 1651 and 16058, Vehicle Code. Reference: Sections 382 and 382.5, Insurance Code; and Sections 4000.37, 4000.38, 16053, 16054.2 and 16058, Vehicle Code.
HISTORY
1. New section filed 6-30-2006; operative 7-30-2006 (Register 2006, No. 26).
§85.06. Registration Reinstatement.
Note • History
A vehicle registration shall be reinstated after satisfactory evidence of financial responsibility, payment of a fourteen ($14) dollar reinstatement fee authorized under Vehicle Code section 4000.38(c) and all fees and documents that meet registration requirements have been submitted to the department or its agent.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 4000.37, Vehicle Code.
HISTORY
1. New section filed 6-30-2006; operative 7-30-2006 (Register 2006, No. 26).
§85.08. Insurance Company Reporting Requirements.
Note • History
(a) Insurance companies shall comply with Vehicle Code section 16058 by electronic reporting of information to the department or its agent in the American National Standards Institute (ANSI) X12.811 or California Automobile Liability Insurance (CALI) electronic formats.
(b) Unless there is no new information to report, the frequency for electronically reporting information shall be
(1) Pursuant to Vehicle Code section 16058(c), no less than once in any thirty (30) day period for all issued private passenger automobile libility insurance policies and coverages, or private passenger automobile policies and coverages issued by an automobile assigned risk plan.
(2) Pursuant to Vehicle Code section 16058(d), no less than once in any forty-five (45) day period for termination or changes in private passenger automobile libility insurance policies and coverages, or private passenger automobile policies and coverages issued by an automobile assigned risk plan.
NOTE
Authority cited: Sections 1651 and 16058, Vehicle Code. Reference: Sections 4000.38 and 16058, Vehicle Code.
HISTORY
1. New section filed 6-30-2006; operative 7-30-2006 (Register 2006, No. 26).
§100. Federal Standards and Requirements.
Note • History
NOTE
Authority cited: Section 3100, Vehicle Code. Reference: Sections 12804.1 and 12804.3, Vehicle Code; and Title 49, United States Code, Section 1811.
HISTORY
1. New section filed 9-15-87; operative 10-15-87 (Register 87, No. 38). For prior history, see Registers 87, No. 2 and 81, No. 21.
2. Change without regulatory effect repealing section filed 6-5-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 38).
Article 2.4. Driver Safety
§100.01. Reexaminations Pursuant to Vehicle Code Section 13801.
Note • History
(a) Pursuant to Section 13801 of the Vehicle Code, the department shall consider it a failure to submit to or complete the reexamination if:
(1) The individual does not appear as scheduled for the reexamination.
(2) The individual fails to provide any information requested by the department.
(3) The individual fails to complete a drive test, if required by the department.
(4) The individual fails to complete a vision examination, if required by the department.
(5) The individual is not responsive to the questions of the departmental representative during the reexamination.
(6) The department does not receive a required medical evaluation of the individual by the date required, either because the individual refuses to authorize the doctor to release the information required, or because the doctor does not submit the evaluation. If a medical evaluation is required, the individual shall be required to submit the evaluation to the department not later than 26 days from the date the request for the evaluation was mailed or given directly to the individual, unless an extension is approved by the department for good cause.
(b) The department may reschedule a reexamination at the request of the driver for good cause, in lieu of suspension, or may reschedule the reexamination at the need of the department.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 13801, Vehicle Code; and Section 1795.12(b), Health and Safety Code.
HISTORY
1. New article 2.4 and section filed 8-9-94; operative 9-8-94 (Register 94, No. 32). For prior history, see Register 91, No. 38.
2. Editorial correction of subsections (a)(6) and (b) (Register 99, No. 9).
§100.02. Requirements for Out-of-State Drivers.
Note • History
NOTE
Authority cited: Section 3100, Vehicle Code. Reference: Sections 3100, 12500, 12502, 12804.1, 12804.3, 12805, 12809, 12810, 12810.5, 13205, 13352, 13352.5, 13353, 13355, 13357, 13359, 13361, 13363, 13365, 13552, 13553, 13954, 14252, 15020, 15023, 15024, 23157, 23160, 23161 and 23166, Vehicle Code; and Title 49, Code of Federal Regulations, Section 391.41.
HISTORY
1. New section filed 9-15-87; operative 10-15-87 (Register 87, No. 38).
2. Change without regulatory effect repealing section filed 6-5-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 38).
§100.03. Renewal of Certificate.
Note • History
NOTE
Authority cited: Section 3100, Vehicle Code. Reference: Sections 12804.1 and 12804.3, Vehicle Code.
HISTORY
1. New section filed 9-15-87; operative 10-15-87 (Register 87, No. 38).
2. Change without regulatory effect repealing section filed 6-5-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 38).
§100.04. Exceptions to the Certificate Program.
Note • History
NOTE
Authority cited: Section 3100, Vehicle Code. Reference: Sections 12804.1 and 12804.3, Vehicle Code; and Section 25163, Health and Safety Code.
HISTORY
1. New section filed 9-15-87; operative 10-15-87 (Register 87, No. 38).
2. Change without regulatory effect repealing section filed 6-5-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 38).
§100.05. Refusal, Revocation, and Hearing.
Note • History
NOTE
Authority cited: Section 3100, Vehicle Code. Reference: Sections 3100, 12804.1, 12804.3, 12805, 12807, 12809, 12810.5 and 13950 through 14112, Vehicle Code.
HISTORY
1. New section filed 9-15-87; operative 10-15-87 (Register 87, No. 38). For prior history, see Register 87, No. 2.
2. Change without regulatory effect repealing section filed 6-5-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 38).
§100.06. Employer Certification of Training for Hazardous Waste, Hazardous Materials, or Bulk Liquid Loads.
Note • History
NOTE
Authority cited: Section 3100, Vehicle Code. Reference: Sections 12804, 12804.1 and 12804.3, Vehicle Code.
HISTORY
1. New section filed 9-15-87; operative 10-15-87 (Register 87, No. 38). For prior history, see Register 87, No. 2.
2. Change without regulatory effect repealing section filed 6-5-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 38).
§100.07. Training Requirements.
Note • History
NOTE
Authority cited: Section 3100, Vehicle Code. Reference: Sections 12804, 12804.1 and 12804.3, Vehicle Code; and Title 49, Code of Federal Regulations, Sections 172.200-172.204, 173.24, 177.800(a), 177.823, 177.855-177.861, 397.1-397.3, 397.7(b), 397.9(a) and 397.11-397.19.
HISTORY
1. New section filed 9-15-87; operative 10-15-87 (Register 87, No. 38). For prior history, see Register 87, No. 2.
2. Change without regulatory effect repealing section filed 6-5-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 38).
§100.08. Certificate of Driving Experience.
Note • History
NOTE
Authority cited: Section 3100, Vehicle Code. Reference: Section 12804, Vehicle Code.
HISTORY
1. New section filed 9-15-87; operative 10-15-87 (Register 87, No. 38). For prior history, see Register 87, No. 2.
2. Change without regulatory effect renumbering former section 100.08 to section 25.08 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§100.09. Employers Qualifying for Certification for Class 1 and/or Class 2 Operation and Special Certificate Approval.
Note • History
NOTE
Authority cited: Section 3100, Vehicle Code. Reference: Sections 12804, 12804.1 and 12804.3, Vehicle Code.
HISTORY
1. New section filed 9-15-87; operative 10-15-87 (Register 87, No. 38).
2. Change without regulatory effect repealing section filed 6-5-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 38).
§100.10. Additional Employer Requirements.
Note • History
NOTE
Authority cited: Section 3100, Vehicle Code. Reference: Sections 12804, 12804.1, 12804.3 and 13950-14112, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 100.10 to section 100.18 (Register 87, No. 38). For prior history, see Register 82, No. 33.
2. New section 100.10 filed 9-15-87; operative 10-15-87 (Register 87, No. 38).
3. Change without regulatory effect renumbering former section 100.10 to section 25.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
4. Editorial correction of Note (Register 97, No. 30).
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 12804, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 100.11 to section 100.19 (Register 87, No. 38). For prior history, see Register 82, No. 33.
2. New section 100.11 filed 9-15-87; operative 10-15-87 (Register 87, No. 38).
3. Change without regulatory effect amending subsection (b) filed 6-5-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 38).
4. Change without regulatory effect renumbering former section 100.11 to section 25.11 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
MEDICAL REQUIREMENTS FOR DRIVERS
§100.12. Revocation of Medical Certificates Approved by the Department of Motor Vehicles.
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 12804(a) and (c), Vehicle Code.
HISTORY
1. New section filed 4-5-72; effective thirtieth day thereafter (Register 72, No. 15).
2. Repealer and new section filed 3-25-76; effective thirtieth day thereafter (Register 76, No. 13).
3. Repealer filed 5-21-81; effective thirtieth day thereafter (Register 81, No. 21).
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 12804(a) and (c), Vehicle Code.
HISTORY
1. New section filed 3-25-76; effective thirtieth day thereafter (Register 76, No. 13).
2. Amendment filed 10-4-77; effective thirtieth day thereafter (Register 77, No. 41).
3. Repealer filed 5-21-81; effective thirtieth day thereafter (Register 81, No. 21).
§100.18. Minimum Physical and Medical Requirements for Class 1 or 2 Drivers' Licenses.
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 12804(a), Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering section 100.10 to section 100.18 (Register 87, No. 38). For prior history, see Register 82, No. 33.
2. Change without regulatory effect renumbering former section 100.18 to section 28.18 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§100.19. Medical Certificates Required by Section 12804(c) of the Vehicle Code That May Be Issued by the Department of Motor Vehicles.
History
HISTORY
1. Change without regulatory effect renumbering section 100.11 to section 100.19 (Register 87, No. 38). For prior history, see Register 82, No. 33.
2. Change without regulatory effect renumbering former section 100.19 to section 28.19 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§100.20. Policy or Bond Not in Effect at Time of Accident; Notice by Insurance Company or Surety Company.
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 16020, 16021(b) and 16057, Vehicle Code.
HISTORY
1. Amendment filed 10-4-77; effective thirtieth day thereafter (Register 77, No. 41).
2. Amendment of subsection (e) filed 5-21-81; effective thirtieth day thereafter (Register 81, No. 21).
3. Amendment filed 4-18-85; effective thirtieth day thereafter (Register 85, No. 16).
4. Change without regulatory effect renumbering former section 100.20 to section 75.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§100.25. Certificates--Submit in Duplicate.
History
HISTORY
1. Repealer filed 10-4-77; effective thirtieth day thereafter (Register 77, No. 41).
STUDENT LICENSES
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12650 and 12651, Vehicle Code.
HISTORY
1. Repealer filed 5-21-81; effective thirtieth day thereafter (Register 81, No. 21).
§100.31. Possession of Student Licenses.
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 12652, Vehicle Code.
HISTORY
1. Repealer filed 5-21-81; effective thirtieth day thereafter (Register 81, No. 21).
History
HISTORY
1. Change without regulatory effect renumbering former section 100.40 to section 50.40 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§100.45. Minimum Instruction Requirements Acceptable to the Department.
History
HISTORY
1. Amendment to subsection (a) filed 4-5-72; effective thirtieth day thereafter (Register 72, No. 15).
2. Amendment filed 10-4-77; effective thirtieth day thereafter (Register 77, No. 41).
3. Change without regulatory effect renumbering former section 100.45 to section 50.45 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
History
HISTORY
1. New section filed 6-15-78 as an emergency; designated effective 7-1-78 (Register 78, No. 24).
2. Certificate of Compliance filed 9-15-78 (Register 78, No. 37).
3. Change without regulatory effect renumbering former section 100.50 to section 80.50 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
History
HISTORY
1. New section filed 6-15-78 as an emergency; designated effective 7-1-78 (Register 78, No. 24).
2. Certificate of Compliance filed 9-15-78 (Register 78, No. 37).
3. Change without regulatory effect renumbering former section 100.55 to section 80.55 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
History
HISTORY
1. New section filed 6-15-78 as an emergency; designated effective 7-1-78 (Register 78, No. 24).
2. Certificate of Compliance filed 9-15-78 (Register 78, No. 37).
3. Change without regulatory effect renumbering former section 100.60 to section 80.60 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§100.65. Additional Information.
History
HISTORY
1. New section filed 6-15-78 as an emergency; designated effective 7-1-78 (Register 78, No. 24).
2. Certificate of Compliance filed 9-15-78 (Register 78, No. 37).
3. Change without regulatory effect renumbering former section 100.65 to section 80.65 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§100.70. Updated Financial Statement.
History
HISTORY
1. New section filed 6-15-78 as an emergency; designated effective 7-1-78 (Register 78, No. 24).
2. Certificate of Compliance filed 9-15-78 (Register 78, No. 37).
3. Change without regulatory effect renumbering former section 100.70 to section 80.70 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§100.75. Annual Financial Statements.
History
HISTORY
1. New section filed 6-15-78 as an emergency; designated effective 7-1-78 (Register 78, No. 24).
2. Certificate of Compliance filed 9-15-78 (Register 78, No. 37).
3. Change without regulatory effect renumbering former section 100.75 to section 80.75 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
History
HISTORY
1. New section filed 6-15-78 as an emergency; designated effective 7-1-78 (Register 78, No. 24).
2. Certificate of Compliance filed 9-15-78 (Register 78, No. 37).
3. Change without regulatory effect renumbering former section 100.80 to section 80.80 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 14100 and 16053(b), Vehicle Code.
HISTORY
1. New section filed 6-15-78 as an emergency; designated effective 7-1-78 (Register 78, No. 24).
2. Certificate of Compliance filed 9-15-78 (Register 78, No. 37).
3. Editorial correction of Note filed 8-12-82 (Register 82, No. 33).
4. Change without regulatory effect renumbering former section 100.85 to section 80.85 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§100.90. Grounds for Cancellation.
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 16053(b), Vehicle Code.
HISTORY
1. New section filed 6-15-78 as an emergency; designated effective 7-1-78 (Register 78, No. 24).
2. Certificate of Compliance filed 9-15-78 (Register 78, No. 37).
3. Editorial correction of Note filed 8-12-82 (Register 82, No. 33).
4. Change without regulatory effect renumbering former section 100.90 to section 80.90 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§100.91. Certification of Ignition Interlock Device.
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652 and 23235, Vehicle Code; and Sections 15374-15378, Government Code.
HISTORY
1. New article 2.4 (sections 100.91-100.95) and section filed 9-3-97; operative 10-7-97 (Register 97, No. 36).
2. Editorial correction of subsection (a)(3) (Register 99, No. 9).
3. Renumbering of former article 2.4 to new article 2.55 and renumbering of former section 100.91 to section 125.02 filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
§100.92. Refusal, Suspension or Revocation of Device Certification.
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 23235, Vehicle Code.
HISTORY
1. New section filed 9-3-97; operative 10-7-97 (Register 97, No. 36).
2. Renumbering of former section 100.92 to section 125.08 filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
§100.93. Modification of Certified Device.
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 23235, Vehicle Code.
HISTORY
1. New section filed 9-3-97; operative 10-7-97 (Register 97, No. 36).
2. Renumbering of former section 100.93 to section 125.04 filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
§100.94. Referral to an Authorized Installer.
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 23235 and 23246(f), Vehicle Code.
HISTORY
1. New section filed 9-3-97; operative 10-7-97 (Register 97, No. 36).
2. Renumbering of former section 100.94 to section 125.10 filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
§100.95. Facilities and Records.
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 23235, Vehicle Code.
HISTORY
1. New section filed 9-3-97; operative 10-7-97 (Register 97, No. 36).
2. Renumbering of former section 100.95 to section 125.14 filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
Note • History
NOTE
Authority cited: Sections 1651 and 11202(a)(3), Vehicle Code. Reference: Sections 320, 11202(a)(2), 11208(a)(3), 11212(b), 11213(b) and 11214, Vehicle Code.
HISTORY
1. New article 2.5 (sections 101.05-101.50, not consecutive) filed 2-22-85 as an emergency; effective upon filing (Register 85, No. 10). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-24-85.
2. Order of Repeal of article 2.5 (sections 101.05-101.50, not consecutive) filed 7-22-85 by OAL pursuant to Government Code section 11349.6 (Register 85, No. 30).
3. New article 2.5 (sections 101.05-101.50, not consecutive) filed 7-24-85 as an emergency; effective upon filing (Register 85, No. 30). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-21-85.
4. Certificate of Compliance transmitted to OAL 11-21-85 and filed 12-27-85 (Register 85, No. 52).
5. Change without regulatory effect renumbering former section 101.05 to section 345.05 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§101.10. Authorized Signatures.
Note • History
NOTE
Authority cited: Sections 1651 and 11202(a)(3), Vehicle Code. Reference: Section 11213, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 101.10 to section 345.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
NOTE
Authority cited: Sections 1651, 11202(a)(3) and 11219, Vehicle Code. Reference: Section 11202, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 101.15 to section 345.15 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
NOTE
Authority cited: Sections 1651, 11202(a)(3) and 11219, Vehicle Code. Reference: Section 11202, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 101.20 to section 345.20 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
NOTE
Authority cited: Sections 1651, 11202(a)(3) and 11219, Vehicle Code. Reference: Section 11207(c)(2), Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 101.25 to section 345.25 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§101.30. Fingerprinting of Applicants.
Note • History
NOTE
Authority cited: Sections 1651 and 11202(a)(3), Vehicle Code. Reference: Sections 11202(a)(1) and 11206(a), Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 101.30 to section 345.30 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§101.35. Completion Certificates.
Note • History
NOTE
Authority cited: Sections 1651 and 11202(a)(3), Vehicle Code. Reference: Section 11208(c), Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 101.35 to section 345.35 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§101.40. Lost or Stolen Completion Certificates.
Note • History
NOTE
Authority cited: Sections 1651 and 11202(a)(3), Vehicle Code. Reference: Section 11208(c), Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 101.40 to section 345.40 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§101.45. Alcoholic Beverage on School Premises.
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 11202(a)(3), Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 101.45 to section 345.45 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§101.50. Separate Telephone Numbers.
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 11202(a)(3), Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 101.50 to section 345.50 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
LAPSES OF CONSCIOUSNESS
§110.01. Factors Considered in Lapse of Consciousness Determinations.
Note • History
The department may suspend or revoke the driving privilege of any individual that the department determines has a disorder characterized by lapses of consciousness or episodes of marked confusion, as defined in Title 17, Division 1, Chapter 4, Sections 2800 through 2808 of the California Code of Regulations, which affects the individual's ability to drive safely and/or to have reasonable control of a motor vehicle. In making this determination, the department may consider:
(a) The effect(s) of the disorder on the physical and mental abilities necessary to drive safely and to exercise reasonable control of a motor vehicle.
(b) The individual's testimony regarding the disorder and his/her ability to drive safely.
(c) Testimony from other individuals who have knowledge of the individual's disorder and his/her ability to drive safely.
(d) Whether the disorder is under control with or without medication.
(e) The individual's reliability regarding compliance with any prescribed medical regimen.
(f) Other medical conditions which may affect the lapse of consciousness disorder.
(g) The individual's driving record.
(h) Any other relevant evidence and/or factors which may affect the individual's ability to drive safely.
(i) A current medical evaluation of the individual provided by the individual's physician, as authorized by the individual, which provides information regarding:
(1) The diagnosis of the disorder.
(2) The date of onset of the disorder.
(3) The date of the last episode and the frequency of episodes.
(4) The stability of the condition.
(5) Any manifestations or impairments associated with the condition.
(6) The medical regimen prescribed and patient compliance with the prescribed regimen.
(5) The physician's prognosis.
NOTE
Authority cited: Section 1651, Vehicle Code; and Section 103900, Health and Safety Code. Reference: Sections 12805, 12806, 12813, 12814, 13360, 13800(f), 13801, 13802 and 14250, Vehicle Code; and Section 103900, Health and Safety Code.
HISTORY
1. New section filed 8-9-94; operative 9-8-94 (Register 94, No. 32).
2. Change without regulatory effect amending first paragraph and Note filed 5-13-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 20).
Note • History
If the department determines that an individual has a disorder characterized by lapses of consciousness or episodes of marked confusion, as defined in Title 17, Division 1, Chapter 4, Sections 2800 through 2808 of the California Code of Regulations, but also determines upon evaluation of competent medical evidence and all relevant factors that the individual is able to drive safely and maintain reasonable control of a motor vehicle, the department may
(a) Take no action against the individual's driving privilege.
(b) Place the individual on medical probation to monitor the individual's condition to ensure that the individual continues to be capable of driving safely. An individual placed on medical probation shall be required to:
(1) Authorize his/her physician to provide the department with medical evaluations on a regular basis, the frequency of which shall be determined by the department, or
(2) Report to the department in writing on the status of his/her disorder and
(3) Comply with any additional restrictions of the individual's privilege which the department deems necessary.
NOTE
Authority cited: Section 1651, Vehicle Code; and Section 103900, Health and Safety Code. Reference: Sections 12806, 12813, 12814, 13360, 13800(f), 13801 and 14250, Vehicle Code; and Section 103900, Health and Safety Code.
HISTORY
1. New section filed 8-9-94; operative 9-8-94 (Register 94, No. 32).
2. Change without regulatory effect amending first paragraph and Note filed 5-13-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 20).
§110.04. Disciplinary Guidelines.
Note • History
In reaching a decision on an action regarding the driving privilege of a person under the provisions of the Vehicle Code, the department may consider the disciplinary guidelines, specified below, which are hereby incorporated by reference. Deviation from these guidelines, including the terms of probation, if any, is appropriate when the department, in its sole discretion, determines that the facts of a particular case warrant such a deviation; for example, the presence of mitigating or aggravating factors, the age of the case, and evidentiary problems.
(a) Guidelines for Actions Against the Driving Privilege Based on the Negligent Operator Treatment System (Rev. 2/2001).
(b) Guidelines for Actions Against the Commercial Driving Privilege (Rev. 2/99).
(c) Guidelines for Actions Against Driver License Certificates and Endorsements (Rev. 2/99).
(d) Guidelines for Actions Against the Driving Privilege Based On Physical and Mental Conditions (Rev. 7/2007)
(e) Guidelines for Actions Against the Driving Privilege Based On Financial Responsibility (Rev. 1/03).
(f) Guidelines for Actions Against the Driving Privilege Based On Fraud (Rev. 2/99).
NOTE
Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 12508, 12517, 12517.2, 12517.3, 12517.4, 12519, 12520, 12523, 12523.5, 12523.6, 12524, 12527, 12800, 12803, 12804.2, 12804.6, 12804.9, 12804.12, 12804.14, 12805, 12806, 12806.5, 12807, 12808, 12809, 12810, 12810.2, 12810.4, 12810.5, 12812, 12813, 12814, 12814.6, 12818, 12819, 13007.5, 13100, 13101, 13102, 13103, 13207, 13353, 13353.1, 13353.2, 13353.3, 13353.4, 13353.5, 13353.8, 13359, 13360, 13361, 13362, 13363, 13367, 13368, 13369, 13370, 13371, 13372, 13373, 13374, 13375, 13376, 13377, 13378, 13555, 13556, 13557, 13558, 13559, 13800, 13801, 13802, 13950, 13951, 13952, 13953, 13954, 14100, 14100.1, 14101, 14103, 14104, 14104.2, 14105.5, 14104.7, 14105, 14105.5, 14106, 14112, 14250, 14250.5, 14251, 14252, 14253, 15250, 15250.3, 15250.6, 15275, 15278, 16000, 16000.1, 16020, 16020.3, 16021, 16050, 16070, 16075, 16076, 16077, 16371, 16484 and 40807, Vehicle Code; Section 11425.50(e), Government Code; and Section 103900, Health and Safety Code.
HISTORY
1. New section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998 unless earlier terminated, or replaced by, or readopted as, permanent regulations.
2. The Department has completed proceedings to replace or readopt interim regulations and has submitted permanent regulations for review by the Office of Administrative Law, but permanent regulations have not been filed with the Secretary of State. Pursuant to Government Code section 11400.20(b)(2), the interim regulations are extended until the date permanent regulations are filed with the Secretary of State or March 31, 1999, whichever is earlier (Register 98, No. 51).
3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 14).
4. Amendment of subsection (a) filed 7-25-2001; operative 8-24-2001 (Register 2001, No. 30).
5. Change without regulatory effect amending subsection (e) to indicate amendment of the document, Guidelines for Actions Against the Driving Privilege Based On Financial Responsibility (incorporated by reference) filed 2-21-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 8).
6. Amendment of subsection (d) and Note and amendment of incorporated document Guidelines for Actions Against the Driving Privilege Based On Physical and Mental Conditions, chapter 5, Vision Guidelines, including amendment of Form DL 62, Report of Vision Examination; new Form DS 439 FO, Order of Suspension/Revocation; and repealer of Form DS 326, Driver Medical Evaluation filed 12-5-2008; operative 1-4-2009 (Register 2008, No. 49).
Note • History
Sections 115.01 through 115.10 of this article are applicable to hearings conducted before the department pursuant to Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, and Chapter 1 of Division 7 of the Vehicle Code.
NOTE
Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 12508, 12517, 12517.2, 12517.3, 12517.4, 12519, 12520, 12523, 12523.5, 12523.6, 12524, 12527, 12800, 12803, 12804.2, 12804.6, 12804.9, 12804.12, 12804.14, 12805, 12806, 12806.5, 12807, 12808, 12809, 12810, 12810.2, 12810.4, 12810.5, 12812, 12813, 12814, 12814.6, 12818, 12819, 13007.5, 13100, 13101, 13102, 13103, 13207, 13353, 13353.1, 13353.2, 13353.3, 13353.4, 13353.5, 13353.6, 13353.8, 13359, 13360, 13361, 13362, 13363, 13367, 13368, 13369, 13370, 13371, 13372, 13373, 13374, 13375, 13376, 13377, 13378, 13555, 13556, 13557, 13558, 13559, 13800, 13801, 13802, 13950, 13951, 13952, 13953, 13954, 14100, 14100.1, 14101, 14103, 14104, 14104.2, 14105.5, 14104.7, 14105, 14105.5, 14106, 14112, 14250, 14250.5, 14251, 14252, 14253, 15250, 15250.3, 15250.5, 15250.6, 15275, 15278, 16000, 16000.1, 16020, 16020.3, 16021, 16050, 16070, 16075, 16076, 16077, 16371, 16484 and 40807, Vehicle Code; and Section 103900, Health and Safety Code.
HISTORY
1. New section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998 unless earlier terminated, or replaced by, or readopted as, permanent regulations.
2. The Department has completed proceedings to replace or readopt interim regulations and has submitted permanent regulations for review by the Office of Administrative Law, but permanent regulations have not been filed with the Secretary of State. Pursuant to Government Code section 11400.20(b)(2), the interim regulations are extended until the date permanent regulations are filed with the Secretary of State or March 31, 1999, whichever is earlier (Register 98, No. 51).
3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 14).
4. Amendment filed 7-25-2001; operative 8-24-2001 (Register 2001, No. 30).
Note • History
(a) The hearing officer may:
(1) Exclude persons whose conduct impedes the orderly conduct of the hearing;
(2) Restrict attendance because of the physical limitations of the hearing facility; or
(3) Take other action to promote due process and the orderly conduct of the hearing.
(b) The following provisions apply to hearings conducted by telephone:
(1) Except as otherwise provided by law, the hearing shall be open to public observation, provided a written request to observe a hearing is received by the department in a timely manner.
(2) In lieu of a written request, a request to observe a hearing may, with the approval of the department, be made by telephone or in person.
(3) Notwithstanding the timeliness requirement in subdivision (b), the department may grant a late request to observe a hearing, if it is determined by the department that the public interest would be served by granting that request.
NOTE
Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 1808, 1808.5, 16070 and 16075, and Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Sections 11425.10 and 11425.20, Government Code.
HISTORY
1. New section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998 unless earlier terminated, or replaced by, or readopted as, permanent regulations.
2. Editorial correction of section number (Register 97, No. 28).
3. The Department has completed proceedings to replace or readopt interim regulations and has submitted permanent regulations for review by the Office of Administrative Law, but permanent regulations have not been filed with the Secretary of State. Pursuant to Government Code section 11400.20(b)(2), the interim regulations are extended until the date permanent regulations are filed with the Secretary of State or March 31, 1999, whichever is earlier (Register 98, No. 51).
4. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 14).
§115.03. Interpreters and Accommodation.
Note • History
(a) In addition to the notice required by Government Code section 11435.60, the department shall notify each party of the right to an interpreter at the time they are notified of their right to a hearing.
(b) In any hearing where a party, a party's representative, or a party's expected witness requires an interpreter for any language, including sign language, that party shall be responsible for notifying the department as soon as the requirement is known.
(c) A request for an interpreter or other accommodation pursuant to this section does not stay the action by the department for which the notice is given.
(d) In lieu of a written request, a party's request for an interpreter may, with the approval of the department, be made by telephone or in person.
(e) Any interpreter who assists with the testimony or evidence at a hearing shall first declare, by oath or affirmation, that he or she will perform his or her duties truthfully. A suggested model form for the oath or affirmation of an interpreter, based on the language of Evidence Code 751, is as follows:
“Do you swear or affirm that you will make a true interpretation of the questions asked and the answers given and that you will make a true translation of any documents which require translation, into the English language, to the best of your skill and judgment?”
(f)(1) In any hearing where a party, a party's representative, or a party's expected witness has a disability requiring accommodation at the hearing, that party shall be responsible for notifying the department as soon as the requirement is known, in order to provide reasonable accommodation.
(2) In any hearing where a party, a party's representative, or a party's expected witness is hearing impaired and requires electronic amplification equipment, that party shall be responsible for notifying the department as soon as the requirement is known.
NOTE
Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 14100(d), 16070 and 16075, Vehicle Code; and Sections 11435.15, 11435.20 and 11435.60, Government Code.
HISTORY
1. New section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998 unless earlier terminated, or replaced by, or readopted as, permanent regulations.
2. Editorial correction of section number (Register 97, No. 28).
3. The Department has completed proceedings to replace or readopt interim regulations and has submitted permanent regulations for review by the Office of Administrative Law, but permanent regulations have not been filed with the Secretary of State. Pursuant to Government Code section 11400.20(b)(2), the interim regulations are extended until the date permanent regulations are filed with the Secretary of State or March 31, 1999, whichever is earlier (Register 98, No. 51).
4. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 14).
Note • History
Notwithstanding the requirement of a written request for hearing under subdivision (a) of Section 11506 of Part 1 of Division 3 of Title 2 of the Government Code, a respondent may, with the approval of the department, request a hearing by telephone or in person.
NOTE
Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 16070 and 16075, and Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Sections 11505 and 11506, Government Code.
HISTORY
1. New section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998 unless earlier terminated, or replaced by, or readopted as, permanent regulations.
2. The Department has completed proceedings to replace or readopt interim regulations and has submitted permanent regulations for review by the Office of Administrative Law, but permanent regulations have not been filed with the Secretary of State. Pursuant to Government Code section 11400.20(b)(2), the interim regulations are extended until the date permanent regulations are filed with the Secretary of State or March 31, 1999, whichever is earlier (Register 98, No. 51).
3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 14).
Note • History
Notwithstanding the provisions of Section 11507.6 of the Government Code and, in order to conform to the time constraints for hearings under Chapters 2 and 3 of Division 6 of the Vehicle Code:
(a) A party's request for discovery may, with the approval of the department, be made by telephone or in person.
(b) A request for discovery must be made at least 10 days prior to the date set for commencement of the hearing to receive discovery prior to the hearing.
(c) A request for discovery may be grounds for a continuance; however, it shall not stay the action by the department.
NOTE
Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 16070 and 16075, and Articles 1-4 (commencing with Section 13800) of Chapter 3 of Division 6, Vehicle Code; and Sections 11507.6 and 11507.7, Government Code.
HISTORY
1. New section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998 unless earlier terminated, or replaced by, or readopted as, permanent regulations.
2. The Department has completed proceedings to replace or readopt interim regulations and has submitted permanent regulations for review by the Office of Administrative Law, but permanent regulations have not been filed with the Secretary of State. Pursuant to Government Code section 11400.20(b)(2), the interim regulations are extended until the date permanent regulations are filed with the Secretary of State or March 31, 1999, whichever is earlier (Register 98, No. 51).
3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 14).
Note • History
(a) A hearing will be scheduled by the department at an office of the department, or another location designated by the department, except as otherwise provided by the Vehicle Code.
(b) The parties, by agreement, may select any other place within the state for the hearing.
(c) A motion for a change in the place of the hearing may be made either orally or in writing.
(d) A motion shall be made within 10 days of the service of the notice of action.
(e) A motion for a change in the place of the hearing shall not stay the action by the department.
NOTE
Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 13558(b), 14104 and 16075(e), Vehicle Code; and Section 11508, Government Code.
HISTORY
1. New section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998 unless earlier terminated, or replaced by, or readopted as, permanent regulations.
2. The Department has completed proceedings to replace or readopt interim regulations and has submitted permanent regulations for review by the Office of Administrative Law, but permanent regulations have not been filed with the Secretary of State. Pursuant to Government Code section 11400.20(b)(2), the interim regulations are extended until the date permanent regulations arefiled with the Secretary of State or March 31, 1999, whichever is earlier (Register 98, No. 51).
3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 14).
Note • History
(a) Any hearing conducted all or in part by telephone, television, or other electronic means must be sufficiently audible that it can be clearly recorded and made part of the official record of the hearing. The hearing officer will grant a continuance of the hearing if at any time the audibility is such that it cannot be clearly recorded.
(b) The hearing officer shall not conduct all or part of a hearing by telephone, television, or other electronic means, if a party objects.
(c) Any objection to conducting all or part of a hearing by telephone, television, or other electronic means must be made at the time the hearing is requested or scheduled.
(d) Notwithstanding the requirement of subdivision (c), the department may allow a late objection to conducting all or part of a hearing by telephone, television, or other electronic means for good cause.
NOTE
Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 13558, 16070 and 16075, and Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Section 11440.30, Government Code.
HISTORY
1. New section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998 unless earlier terminated, or replaced by, or readopted as, permanent regulations.
2. The Department has completed proceedings to replace or readopt interim regulations and has submitted permanent regulations for review by the Office of Administrative Law, but permanent regulations have not been filed with the Secretary of State. Pursuant to Government Code section 11400.20(b)(2), the interim regulations are extended until the date permanent regulations are filed with the Secretary of State or March 31, 1999, whichever is earlier (Register 98, No. 51).
3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 14).
4. New subsection (a), subsection relettering and amendment of Note filed 4-17-2003; operative 5-17-2003 (Register 2003, No. 16).
Note • History
(a) Unless a motion, including a motion pursuant to Section 11450.30 of the Government Code, for a protective order or a motion to quash relating to a subpoena, is made during a hearing while on record, it shall be in writing, and shall be made with written notice to all parties, with proof of service upon all parties attached.
(b) Except as provided in subdivision (d), a motion to continue a case shall be made pursuant to Section 11524 of the Government Code.
(c) Any motion shall state in plain language the relief sought and the facts and circumstances the moving party contends support the motion, and shall be supported by legal authority.
(d) A motion shall be made and filed at least 5 business days before the date set for the commencement of the hearing.
(e) A motion filed pursuant to this section may be decided by the department without oral argument. Any party may request an opportunity for oral argument at the time of the filing of the motion or response. Oral argument shall be recorded and, with the approval of the hearing officer, may be made by telephone or in person.
(f) An order deciding any motion made pursuant to this section may be made by the hearing officer either orally on the record or in writing.
NOTE
Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 16070 and 16075, and Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Sections 11450.05, 11450.30, 11455.30, 11507.3, 11507.7, 11508(c), 11511 and 11524, Government Code.
HISTORY
1. New section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998 unless earlier terminated, or replaced by, or readopted as, permanent regulations.
2. The Department has completed proceedings to replace or readopt interim regulations and has submitted permanent regulations for review by the Office of Administrative Law, but permanent regulations have not been filed with the Secretary of State. Pursuant to Government Code section 11400.20(b)(2), the interim regulations are extended until the date permanent regulations are filed with the Secretary of State or March 31, 1999, whichever is earlier (Register 98, No. 51).
3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 14).
§115.09. Hearing Officer Disqualification.
Note • History
(a) A hearing officer shall voluntarily disqualify himself or herself and withdraw from any case in which there are clear grounds for disqualification, including disqualification for bias, prejudice, or interest in the proceeding by the assigned hearing officer.
(b) It is not alone or in itself grounds for disqualification, without further evidence of bias, prejudice, or interest, that the hearing officer:
(1) Is or is not a member of a racial, ethnic, religious, sexual, or similar group and the proceeding involves the rights of that group.
(2) Has experience, technical competence, or specialized knowledge of, or has in any capacity expressed a view on, a legal, factual, or policy issue presented in the proceeding.
(3) Has, as a lawyer or public official, participated in the drafting of laws or regulations or in the effort to pass or defeat laws or regulations, the meaning, effect, or application of which is in issue in the proceeding.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 14104, 14104.2 and 14112, Vehicle Code.
HISTORY
1. New section filed 8-3-2000; operative 9-2-2000 (Register 2000, No. 31). For prior history see Register 99, No. 14.
§115.10. Request for the Disqualification of a Hearing Officer.
Note • History
(a) Any party may request the disqualification of any hearing officer by filing an affidavit, stating with particularity the grounds upon which it is claimed that the hearing officer is disqualified. The only grounds which will be considered in support of a disqualification request are those which clearly demonstrate the hearing officer's bias, prejudice, or interest in the proceeding.
(b) If notification of the hearing officer assignment has been made to the party ten days prior to the commencement of the scheduled hearing, the affidavit requesting the disqualification must be submitted to the driver safety office where the hearing is scheduled to be conducted at least four business days prior to the scheduled hearing. A written determination will be made on the hearing officer disqualification request, prior to the commencement of the notice hearing, by a person designated by the department. The written determination will be delivered to the requesting party at the noticed hearing prior to the taking of any evidence at the noticed hearing and shall be noted on the record.
(c) If notification of the hearing officer assignment has not been made to the party at least ten days prior to the commencement of the scheduled hearing, the request for disqualification must be made on the record, while the requesting party is under oath, and prior to the taking of any evidence at the noticed hearing. An oral determination on the request for a hearing officer disqualification shall be made on the record prior to the taking of any evidence by the person designated by the department.
(d) The person designated by the department to make the determination in response to a request for a hearing officer disqualification, shall not be the hearing officer who is the subject of the disqualification request.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 14104, 14104.2 and 14112, Vehicle Code.
HISTORY
1. New section filed 8-3-2000; operative 9-2-2000 (Register 2000, No. 31).
§118.00. Restricted Driver License Based Upon a Critical Need to Drive -- Persons Under 21.
Note • History
(a) The Department may issue a restricted driver license based upon a critical need to drive if the person's driver license was suspended or the issuance of a license delayed pursuant to Vehicle Code Sections 23136, 13388 and 13353.2. The applicant shall meet all other requirements for issuance of a driver license and have no history of disqualifying violations as described in Vehicle Code Section 13353.8.
(b) A request for a critical need restriction shall be made by submitting to the department an Application for Critical Need Restriction, form DS 694 (REV 10/2006) WWW or form DS 2694 (REV 10/2006), which is hereby incorporated by reference. The applicant shall complete the Statement of Facts by Applicant and supply required additional information and supporting evidence regarding circumstances under which a critical need is being requested. It is the applicant's responsibility to provide full and complete answers and to prove facts supporting the claim of a critical need to drive. The applicant shall attach any information regarding alternative transportation that can meet that need.
(c) A person is eligible for a restricted driver license when, in the opinion of the department, sufficient proof of one or more of the following circumstances exists:
(1) School or other transportation is not adequate for regular attendance at school and at activities authorized by the school. The applicant shall complete the Statement of Facts by Applicant and provide required additional information relating to transportation to and from school. The Statement of Facts by School Principal shall be completed on the application and the certification signed under the penalty of perjury under the laws of the State of California. If the school does not have a principal, then a department head, headmaster, administrator or other person whose title indicates a position of responsibility for the supervision and/or administration of the school shall complete the form. The application shall be accompanied by proof of current enrollment in the school.
(2) Transportation facilities are inadequate and the operation of a vehicle by an applicant is necessary due to the illness of a family member. The applicant shall complete the Statement of Facts by Applicant and provide required additional information relating to any family illness. The Statement of Facts by Physician shall be completed on the application and the certification signed under the penalty of perjury under the laws of the State of California. A separate Statement of Facts by Applicant shall be completed for each family member whose disability or illness affects transportation needs.
(3) Transportation facilities are inadequate and the operation of a vehicle by an applicant is necessary due to employment of the applicant and the applicant's income is essential to the support of the family. The applicant shall complete the Statement of Facts by Applicant and provide required additional information relating to transportation to and from work. The Statement of Facts by Employer shall be completed on the application and the certification signed under the penalty of perjury under the laws of the State of California.
(4) Operation of a vehicle by the applicant is essential to a family enterprise from which a substantial amount of the family's income will be derived and without which income the family will be unable to obtain essential goods and services critical to their survival or welfare. The applicant shall complete the Statement of Facts by Applicant and provide additional information relating to any family enterprise. The Statement of Facts by Employer shall be completed and the certification signed under the penalty of perjury under the laws of the State of California.
(d) If public transportation is available within one mile of the applicant's home, but conditions exist which make walking to that transportation unsafe, the applicant shall provide evidence to show the path is unsafe.
(e) If public transportation exists, but service between the applicant's home and medical office, school, place of employment, or family business enterprise is scheduled in a way that would prohibit the applicant from reaching the destination in the time needed and return home on the same day, the applicant shall attach the schedules of all scheduled public transportation, as well as connecting points, and explain how the transportation service will not meet his or her needs.
(f) Any application of an applicant under the age of 18 who is requesting a critical need restriction shall include the signature of both parents on the application.
(1) If a parent has sole custody, that parent shall indicate so by writing “I have sole custody” in the signature space provide for the second parent.
(2) If the applicant is in the custody of a legal guardian, the guardian shall strike through the words “Father” and “Mother” in the signature spaces and sign the application in one space and, in the other space, write “I am the legal guardian of the applicant.” A guardian that has physical custody but has not yet been granted legal custody shall indicate so by writing “I have actual physical custody.”
(3) An applicant who was an emancipated minor at the time of licensure shall indicate this status by writing “Statement of Emancipation on file” in the space provided for a parent signature. An applicant who is emancipated but has never applied for a driver license and does not have a Statement of Emancipation on file with the department, shall indicate this status by writing, “I am an emancipated minor and can file proof of my financial responsibility” in the space provided for a parent signature.
(4) An applicant who does not fall into any of the categories described in (f)(1) through (f)(3) above may meet the authorization and certification requirements of the application process by complying with provisions of Chapter 2 of Division 9 of the Vehicle Code, beginning at Section 17700 “Civil Liability of Persons Signing License Applications.”
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652, 1653, 13353.2, 13353.8, 13388, 17700 and 23136, Vehicle Code.
HISTORY
1. New section filed 10-30-2006; operative 11-29-2006 (Register 2006, No. 44).
Article 2.5. Driving Under the Influence Program
§120.00. Purchase and Use of Notice of Completion Certificates.
Note • History
(a) A Driving Under the Influence (DUI) Program provider shall use Notice of Completion Certificates, DL 101 (REV 1/2007), purchased from the department only for submission to the department for participants who have satisfactorily completed the course of instruction offered by the provider. Except as required by subdivision (g), a DUI Program provider shall not issue, sell, loan, or transfer the certificates to the program participant, any other DUI Program provider, person, or entity.
(b) The department shall charge a fee of $3.00 per Notice of Completion Certificate.
(c) A DUI Program provider may purchase Notice of Completion Certificates in books of fifty (50) from the department's headquarters office. Requests to purchase completion certificates shall be mailed to:
DEPARTMENT OF MOTOR VEHICLES
FORMS AND ACCOUNTABLE ITEMS SECTION - MS G202
PO BOX 932382
SACRAMENTO, CALIFORNIA, 94232-3820.
(1) The request to purchase completion certificates shall be on a Request for DUI Program Forms, DL 101R (Rev. 04/2004), which shall be completed in full and shall contain the printed name and original signature of the program director or any employee authorized by the program director to order completion certificates. The Request for DUI Program Forms, DL 101R (Rev. 04/2004), is herein incorporated by reference.
(A) A DUI Program Director may authorize only one employee per licensed location to purchase or order DUI certificates and only two employees per licensed location to sign completed certificates by submitting a DUI Program Signatory Authority, DL 101S (Rev. 04/2004), which shall be completed in full and include the printed name and title of the employee, the effective date of the authorization, the employee's signature, and the DUI Program Director's printed name and signature. The DUI Program Signatory Authority, DL 101S (Rev. 04/2004), is herein incorporated by reference.
(B) A DUI Program Director may delete the authorization of an employee to purchase or order DUI certificates or to sign completed certificates by submitting, a DL 101S (Rev. 04/2004), which shall be completed in full and include the name of the deleted employee, the effective date of the deletion, and the printed name and signature of the DUI Program Director.
(C) The DL 101S must be submitted at least five (5) days prior to the effective date of the employee authorization or deletion.
(2) The department shall mail the completion certificates only to the address of record for the DUI Program provider.
(A) Each DUI Program provider shall have only one address of record for each licensed location at a time, which shall be consistent with the mailing or site address given to the Department of Alcohol and Drug Programs and printed in the Directory of DUI Program Service Providers.
(B) Any changes to the DUI Program provider's address of record that occur between Directory update publications must be made, in writing, on the letterhead stationery of the DUI provider, signed by the DUI Program Director, and mailed to the Department of Alcohol and Drug Programs prior to requesting completion certificates at the new address.
(d) The DUI Program provider shall maintain the pink copy of the Notice of Receipt of DUI Program Certificates, ADM 518A(New 5/2002) issued by the department with each shipment of DUI certificates as proof of receipt of completion certificates as a business record for four years from the date the ADM 518A is issued. The Notice of Receipt of DUI Program Certificates, ADM 518A (New 5/2002) is herein incorporated by reference.
(1) The DUI program provider shall sign and mail back the white copy of the ADM 518A to the Department of Motor Vehicles' Forms and Accountable Items Section as evidence of receipt of the completion certificates.
(A) Until the department receives the white copy of the ADM 518A, the department will not authorize the acceptance of the completion certificates issued under that individual ADM 518A.
(B) If the department does not receive the copy of the signed ADM 518A from the DUI Program provider within eight weeks of the shipping date, the department may cancel the completion certificates shipped under the ADM 518A, and those completion certificates will not be accepted by the department.
(2) If the department cancels completion certificates pursuant to this section, no refund of the fees for the canceled certificates will be authorized.
(e) The department shall cancel any completion certificates for which the department received payment by check that is dishonored when presented for payment. The DUI Program provider shall surrender the canceled completion certificates to the department upon notification and demand for surrender.
(f) The department shall replace in full books of fifty (50), without a charge, those completion certificates which are damaged during the manufacturing and/or shipping process, or any completion certificates shipped, but not received as a full book of fifty (50).
(1) If the DUI program provider chooses to request replacement of the completion certificates, the provider shall submit a DL 101R (Rev. 04/2004), and shall complete it in full to include: a list of the numbers for the completion certificates for which replacement is requested, the reason for the replacement request, and a statement, signed under penalty of perjury under the laws of the State of California by the DUI program director or the authorized employee, that the information contained in the replacement request is true and correct.
(2) The DUI program provider shall retain the original certificate and all copies of the damaged completion certificates or those received individually as incomplete books in numerical sequence in the original book until they are destroyed pursuant to Section 9867 Subdivision (f) of Title 9, California Code of Regulations.
(g) When proof of completion of a DUI Program is required by the Vehicle Code, and the program participant completes all program requirements, the DUI Program provider shall complete the DMV copy of the DL 101 and submit it directly to the department. The program provider shall also submit the court copy of the DL 101 to court, and give the participant the participant copy. The department will only accept the completed original DMV copy from the program provider as acceptable proof of program completion.
(1) DUI Program providers may submit completed certificates by express mail to:
DEPARTMENT OF MOTOR VEHICLES
MANDATORY ACTIONS UNIT
2570 24TH STREET -MS J 233
SACRAMENTO, CA 95818.
(2) DUI Program providers may submit completed certificates by regular mail to:
DEPARTMENT OF MOTOR VEHICLES
MANDATORY ACTIONS UNIT
P.O. BOX 942890
SACRAMENTO, CA 94290-0001.
(3) DUI Program providers who have been authorized by the department to submit completion certificates via electronic medium may submit completion certificates electronically to the department as authorized.
(h) The Vehicle Code requirements for a person to give, provide, or submit proof of completion of a DUI Program satisfactory to the department, shall be satisfied by a program participant when he or she completes all program requirements and signs the Notice of Completion Certificate (DL 101) or the Participant's Certification of DUI Program Enrollment or Completion, DL 804 (REV 1/2003) WWW, and the completed DL 101 is received by the department.
(1) The DL 804 (REV 1/2003) WWW, shall be used only when the participant is unavoidably absent and therefore unavailable to sign the Completion Certificate (DL 101) at the time it is issued by the program provider as evidence of the participant's program completion. The Participant's Certification of DUI Program Enrollment or Completion, DL 804 (REV 1/2003) WWW, is herein incorporated by reference.
(2) The DL 804 shall be retained by the DUI Program provider for the period required by Section 9866 of Title 9, California Code of Regulations, and shall be made available to the department immediately upon request.
(3) If an electronic completion certificate is submitted from a DUI Program provider that the department has authorized to submit completion certificates electronically, the participant's original signature which attests under penalty of perjury that he or she has completed all required DUI Program components will be captured on a DL 804 and retained by the DUI Program provider for the period required by Section 9866 of Title 9, California Code of Regulations. This document shall be made available to the department immediately upon request.
(i) The department will only accept completion certificates that contain all the information requested on the completion certificates. Incomplete or illegible certificates received by the department will be retained by the department and a DUI Program provider who submits an incomplete or illegible certificate will be required to submit a fully completed and legible certificate in place of the incomplete or illegible certificate.
(j) The department will only accept from a DUI Program provider those completion certificates that the department has assigned and shipped to that DUI Program provider, or electronic completion certificates from those program providers that the department has authorized to submit completion certificates electronically.
(k) The department will not accept completion certificates that are submitted more than four years from the date they were issued by the program provider.
NOTE
Authority cited: Sections 1651 and 13353.45, Vehicle Code. Reference: Sections 1801, 1801.1, 13352, 13352.1, 13352.4, 13352.5, 13353.4 and 13353.45, Vehicle Code
HISTORY
1. New article 2.5 and section filed 7-10-95; operative 8-9-95 (Register 95, No. 28).
2. Amendment of section and Note filed 12-2-2004; operative 1-1-2005 (Register 2004, No. 49).
3. Amendment of subsection (a) and Note filed 4-28-2008; operative 5-28-2008 (Register 2008, No. 18).
§120.01. Acquisition and Use of Proof of Enrollment Certificates.
Note • History
(a) A Driving Under the Influence (DUI) Program provider shall use a Proof of Enrollment Certificate, DL 107 (Rev. 7/2006), obtained from the department only for submission to the department, for participants who are enrolled in a course of instruction offered by the DUI Program provider. Except as required by subdivision (d), a Program provider shall not issue, sell, loan, or transfer the enrollment certificates to any other DUI Program provider, program participant, person, or entity. The Proof of Enrollment Certificate, DL 107 (Rev. 7/2006), is herein incorporated by reference.
(b) A DUI Program provider may obtain enrollment certificates in packages of fifty (50) from the department's headquarters office. Requests for enrollment certificates shall be mailed to:
DEPARTMENT OF MOTOR VEHICLES
FORMS AND ACCOUNTABLE ITEMS SECTION, M/S G202
P. O. BOX 932382
SACRAMENTO, CA 94232-3820.
(1) The request to obtain enrollment certificates shall be made on a Request for DUI Program Forms, DL 101R (Rev. 04/2004), which shall be completed in full and shall include the name, license number, and address of the DUI Program, the printed name and original signature of the program director or any employee authorized by the DUI Program Director, and the quantity of enrollment certificates requested.
(2) The department shall mail the enrollment certificates only to the address of record for the DUI Program provider.
(c) The DUI Program provider shall maintain the pink copy of the Notice of Receipt of DUI Program Certificates, ADM 518A (New 5/2002), as proof of receipt of enrollment certificates as a business record for four years from the date the ADM 518A is issued.
(1) The DUI Program provider shall sign and mail back the white copy of the ADM 518A to the Department of Motor Vehicles' Forms and Accountable Items Section as evidence of receipt of the enrollment certificates.
(A) Until the department receives the white copy of the ADM 518A, the department will not authorize the acceptance of the enrollment certificates issued under that individual ADM 518A.
(B) If the department does not receive the copy of the signed ADM 518A from the DUI Program provider within eight weeks of the shipping date, the department may cancel the enrollment certificates shipped under that individual ADM 518A and those enrollment certificates will not be accepted by the department.
(d) When evidence of enrollment in a DUI Program is required by the Vehicle Code, and the program participant enrolls in a program, the DUI Program provider shall complete the DMV copy of the DL 107 and submit it directly to the department. The program provider shall also submit the court copy of the DL 107 to the court and give the participant the participant copy. The department will only accept the completed original DMV copy from the program providers as acceptable proof of program enrollment.
(1) DUI Program providers may submit completed enrollment certificates by express mail to:
DEPARTMENT OF MOTOR VEHICLES
MANDATORY ACTIONS UNIT
2570 24TH STREET -MS J 233
SACRAMENTO, CA 95818.
(2) DUI Program providers may submit completed enrollment certificates by regular mail to:
DEPARTMENT OF MOTOR VEHICLES
MANDATORY ACTIONS UNIT
P.O. BOX 942890
SACRAMENTO, CA 94290-0001.
(3) DUI Program providers who have been authorized by the department to submit enrollment certificates via electronic medium may submit enrollment certificates electronically to Department of Motor Vehicles as authorized.
(e) If an electronic enrollment certificate is submitted from a DUI Program that the department has authorized to submit enrollment certificates electronically, the participant's original signature will be captured on a Participant's Certification of DUI Program Enrollment or Completion, DL 804 (REV 1/2003) WWW and retained by the DUI Program provider for the period required by Section 9866 of Title 9 of the California Code of Regulations. This document shall be made available to the department immediately upon request.
(f) The department will only accept enrollment certificates which contain all the information requested on the enrollment certificate. All incomplete certificates received by the department will be retained by the department and the DUI Program provider who submitted the incomplete certificates will be required to submit fully completed certificates in place of the incomplete certificates.
(g) The department will only accept from a DUI Program provider those enrollment certificates that the department has assigned and shipped to that DUI Program provider, or electronic enrollment certificates from those DUI Program providers that the department has authorized to submit enrollment certificates electronically.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 1801, 1801.1, 13352(a)(3), 13352.5(a)(1), 13353.7 and 23152, Vehicle Code.
HISTORY
1. New section filed 12-2-2004; operative 1-1-2005 (Register 2004, No. 49).
2. Amendment of subsection (a) filed 4-28-2008; operative 5-28-2008 (Register 2008, No. 18).
§120.02. Lost or Stolen Notice of Completion Certificates or Proof of Enrollment Certificates.
Note • History
The Driving Under the Influence (DUI) Program director shall report in writing to the department's Forms and Accountable Items Section any lost or stolen Notice of Completion Certificates, DL 101 (Rev 1/2007), or Proof of Enrollment Certificates, DL 107 (Rev 7/2006), not later than close of the business day following discovery of the loss or theft. The DUI Program Director shall report any lost or stolen completion or enrollment certificates to local police authorities and shall, in addition to retaining a copy in the DUI Program provider's business records, forward to the department's Forms and Accountable Items Section a copy of the police report within thirty (30) days of the discovery of the loss or theft.
NOTE
Authority cited: Sections 1651 and 13353.45, Vehicle Code. Reference: Sections 13352, 13352.1, 13352.5, 13353.7 and 13353.45, Vehicle Code.
HISTORY
1. New section filed 7-10-95; operative 8-9-95 (Register 95, No. 28).
2. Amendment of section heading, section and Note filed 12-2-2004; operative 1-1-2005 (Register 2004, No. 49).
3. Amendment of section and Note filed 4-28-2008; operative 5-28-2008 (Register 2008, No. 18).
§120.04. Certificates Required for First Conviction of Driving Under the Influence. [Repealed]
Note • History
NOTE
Authority cited: Sections 1651 and 13353.45, Vehicle Code. Reference: Section 13352.4, Vehicle Code.
HISTORY
1. New section filed 10-26-95; operative 11-25-95 (Register 95, No. 43).
2. Amendment of section and Note filed 12-2-2004; operative 1-1-2005 (Register 2004, No. 49).
3. Repealer filed 4-28-2008; operative 5-28-2008 (Register 2008, No. 18).
§124.90. Alcohol Programs Pursuant to Section 23190(e) of the Vehicle Code. [Repealed]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 23190, Vehicle Code.
HISTORY
1. New section filed 10-18-94; operative 11-17-94 (Register 94, No. 42).
2. Repealer filed 6-16-97; operative 7-16-97 (Register 97, No. 25).
§124.92. Termination of Suspension or Revocation.
Note • History
(a) A person applying for termination of a suspension or revocation pursuant to Section 13353.5 of the Vehicle Code shall complete an Application for Termination of Action Section 13353.5 California Vehicle Code, DL 4006 (Rev. 11/2003). The DL 4006 shall be completed to include:
(1) The full name and birthdate of the individual.
(2) The California driver license number or file number assigned by the department in the absence of a California driver license number.
(3) The current home and day telephone numbers, if available.
(4) The current residence and mailing address.
(5) A statement authorizing the department to cancel any California Driver License issued to the applicant if the applicant's suspension or revocation is terminated as requested.
(6) A statement, signed and dated under penalty of perjury under the laws of California, that the individual is a resident of a state other than California, has read and understood Section 12505 of the Vehicle Code, regarding residency requirements and Section 13353.5 of the Vehicle Code, regarding termination of suspension or revocation for nonresidents; and that the information provided on the application is true and correct.
(b) All applications submitted pursuant to subdivision (a) shall include documented proof of out-of-state residency. Proof of out-of-state residency shall include one or more of the following documents in the name and current residence address of the applicant:
(1) Receipts for payment of resident tuition at a public institution of higher education or school records.
(2) Utility bills issued by a utility company.
(3) Documents issued by a licensing authority indicating a current application for a driver license in the state of residence.
(4) Tax records issued by a State or Federal agency.
(5) Home rental or leasing contracts, filing of homeowner's property tax exemption or homestead exemption certificate.
(6) Official voter registration documents.
(7) Official document issued by a governmental agency that can be used by the department to prove residency.
(c) Applicants who have received a prior termination of a suspension or revocation pursuant to Section 13353.5 of the Vehicle Code are not eligible to receive a subsequent termination of a suspension or revocation action pursuant to Vehicle Code Section 13353.5.
(d) Upon receipt of the completed DL 4006 and supporting documents, if the department determines that the driver meets the requirements of Section 13353.5 of the Vehicle Code, the suspension or revocation pursuant to Section 13352 or 13352.4 of the Vehicle Code may be terminated. Any other action against the driving privilege of the driver shall remain in full force until the driver meets the requirements for ending that action.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 516, 12505, 13352, 13352.4, 13353.4, 13353.5 and 15024, Vehicle Code.
HISTORY
1. New section filed 7-11-95; operative 8-10-95 (Register 95, No. 28).
2. Amendment of section and Note filed 2-2-2005; operative 3-4-2005 (Register 2005, No. 5).
§124.93. Reissuance of California Driver License.
Note • History
A driver whose suspension or revocation under Section 13352, 13352.1, or 13352.4 of the Vehicle Code was terminated pursuant to Section 13353.5 is not eligible for issuance of a driver license in California until:
(a) Payment of the reissuance fee imposed pursuant to Section 14904 of the Vehicle Code.
(b) The department determines that no grounds exist for refusal of a license.
(c) Three years have elapsed from the date of the termination or the driver completes the driving-under-the-influence program required pursuant to Section 13352, 13352.1, or 13352.4 of the Vehicle Code, submits a Notice of Completion Certificate (Form DL 101 (Rev. 1/2007)) to the department, and submits proof of financial responsibility pursuant to Section 16430 of the Vehicle Code.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 13100, 13352, 13352.1, 13352.4, 13353.4, 13353.5, 14904 and 16430, Vehicle Code.
HISTORY
1. New section filed 7-11-95; operative 8-10-95 (Register 95, No. 28).
2. Amendment of section and Note filed 2-2-2005; operative 3-4-2005 (Register 2005, No. 5).
3. Amendment of subsections (a) and (c) and Note filed 4-28-2008; operative 5-28-2008 (Register 2008, No. 18).
Note • History
Pursuant to Sections 13352, subdivisions (a)(3) through (a)(7), 13352.1 and 13352.5 of the Vehicle Code, a $15 restriction fee is required to be paid upon application for a restricted driver license. This fee is in addition to all other fees required by the Vehicle Code, and shall be paid prior to the issuance of a restricted driver license.
NOTE
Authority cited: Sections 1651, 13352 and 13352.5, Vehicle Code. Reference: Sections 13352, 13352.1 and 13352.5, Vehicle Code.
HISTORY
1. New section filed 12-13-2000; operative 1-12-2001 (Register 2000, No. 50).
2. Amendment of section and Note filed 4-28-2008; operative 5-28-2008 (Register 2008, No. 18).
Article 2.55. California Ignition Interlock Device Program
Note • History
As used in this article, the following definitions shall apply:
(a) “Ignition interlock device” is a device designed to allow a vehicle ignition switch to start the engine when the breath alcohol concentration test result is below the alcohol setpoint, while locking the ignition when the breath test results is at or above the alcohol setpoint.
(b) The “alcohol setpoint” is the breath alcohol concentration at which the ignition interlock device is set to lock the ignition. The alcohol setpoint is the nominal lockpoint at which the ignition interlock device is set at the time of calibration. The lockout setting shall be at 0.03 percent breath alcohol concentration.
(c) “Bypass” of an ignition interlock device, as used in Vehicle Code section 23575, shall mean the same as “circumvention” as contained in the federal model specifications for breath alcohol ignition interlock devices as published by notice in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, pages 11774-11787.
(d) To “tamper” with an ignition interlock device, as used in Vehicle Code section 23575, means an overt, conscious attempt to alter, physically disable, or disconnect the ignition interlock device from its power source, and thereby allow a person with a breath alcohol concentration above the setpoint to start the engine. Examples of tampering with an ignition interlock device include, but are not limited to, the following:
(1) Altering the wiring of the vehicle which will allow the starting of the vehicle without blowing a passing test.
(2) Modifying the functionality of the breath unit.
(3) Altering, deleting, or modifying the electronic log.
(e) “Manufacturer” means any individual, partnership, or corporation engaged in the manufacturing or assembling of ignition interlock devices.
(f) An “authorized installer” is a designee of the manufacturer who is responsible for ensuring that the manufacturer's ignition interlock devices are properly installed, calibrated, serviced, and monitored; and is responsible for the completion of all required forms, and maintenance of all files.
(g) “Participant file” is a tangible file used to retain and maintain all records and documents directly associated with, but not limited to, the installation, calibration, servicing, monitoring and removal of the ignition interlock device(s) related to a program participant.
(h) “Electronic log” is a record of the vehicle use and interlock test results recorded by an ignition interlock device and shall mean the same as “data recording” as contained in the federal model specifications for breath alcohol ignition interlock devices published by notice in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, pages 11774-11787.
(i) “Hardcopy” shall mean a legible, printed copy.
(j) “False Positive” is a test result in which the breath alcohol concentration is above the alcohol setpoint and the test results of two or more subsequent breath tests taken immediately within a 15 minute time period thereafter provide a breath alcohol concentration below the alcohol setpoint, as specified in Section 125.12(a)(2)(C).
(k) “Time to Reset the Device” is the actual time in minutes to service a device in order to make the device functional when a participant has returned a device for early recall.
(l) “Pause of Restriction” means that expiration of the required term of restriction specified in Vehicle Code section 23700(a)(7)(A) is temporarily stopped when the department is notified that the participant has failed to maintain the device pursuant to Vehicle Code section 23575.
(m) “Reset of Restriction” means the remainder of the original restriction term required pursuant to Vehicle Code section 23700(a)(7)(A) is re-imposed when the participant provides the department with the Department of Motor Vehicles Ordered Verification of Installation, form DL 924 (REV 7/2010).
NOTE
Authority cited: Sections 1651, 23575 and 23700, Vehicle Code. Reference: Section 23575, Vehicle Code.
HISTORY
1. Renumbering of former article 2.4 to new article 2.55 (sections 125.00-125.22) and new section filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
2. New subsections (a), (b), (e)-(i) and subsection relettering filed 10-29-2003; operative 11-28-2003 (Register 2003, No. 44).
3. Amendment of subsection (c), new subsections (j)-(m) and amendment of Note filed 7-23-2010; operative 7-23-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 30).
§125.02. Certification of Ignition Interlock Devices.
Note • History
An ignition interlock device shall not be installed, or used as part of a program for driving under the influence offenders unless the model or type of device has been certified by the department in accordance with the requirements of this article.
(a) An individual, partnership, or corporation may apply to the department for certification of an ignition interlock device by submitting a completed application to the department. A separate application is required for each model or type of device. A completed application shall contain the following:
(1) Form DL 9, Application for Certification of Ignition Interlock Device (REV. 4/2000), which is hereby incorporated by reference.
(2) A detailed description of the device, including a photograph, drawing, or other graphic depiction of the device.
(3) Complete technical specifications describing the device's accuracy, reliability, security, data collection and recording, tamper detection, and environmental features.
(4) A complete and true copy of data from an independent laboratory demonstrating that the device meets or exceeds the minimum federal standards pursuant to Vehicle Code section 13386(d). For purposes of this article, the term “independent laboratory” shall be interpreted to include any of the following, provided the laboratory is properly equipped and staffed to conduct laboratory tests on ignition interlock devices to ensure they meet the accuracy requirements and specifications provided in Sections 1 and 2 of the model specifications for breath alcohol ignition interlock devices as published as a Notice in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, on pages 11774-11787:
(A) A state-run laboratory;
(B) A private laboratory which can demonstrate its capability to carry out the required tests; or
(C) A laboratory certified by a state department of Public Health to conduct chemical tests.
(5) A certification on Form DL 28, Laboratory Report (REV. 3/2000), signed by an authorized official of the laboratory which tested the device, that the device was tested by the laboratory indicated in accordance with the federal regulations and that the device was found to satisfy the requirements of Sections 1 and 2 of the model specifications for breath alcohol ignition interlock devices as published as a Notice in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, on pages 11774-11787. The certification shall specify that the laboratory used properly maintained equipment, and trained personnel to conduct the tests, and that the test results are accurate. The form DL 28, Laboratory Report (REV 3/2000) is hereby incorporated by reference.
(6) A complete listing of all authorized installers' locations and their satellite locations that includes the name, Bureau of Automotive Repair number, telephone number, contact name, and hours of operation.
(7) A copy of the instructions that will be provided to authorized installers, including complete instructions for installation, operation, service, repair, and removal of the device.
(8) A copy of the written instructions that will be provided to participants who have the device installed.
(9) A certificate from an insurance company that the manufacturer holds product liability insurance and that the department is named as an additional insured. The policy limit shall be a minimum of one million dollars ($1,000,000). The liability insurance shall include coverage for manufacturing, defects in product design and materials, calibration, installation, and removal of devices. The certificate of insurance shall contain a statement that the insurance company will notify the department 30 days before cancellation of the insurance.
(10) A signed statement that the manufacturer shall indemnify and hold harmless the state of California, the department and its officers, employees and agents from all claims, demands, and actions, as a result of damage or injury to persons or property which may arise, directly or indirectly, out of any act or omission by the manufacturer relating to the installation, service, repair, use and removal of an ignition interlock device.
(11) A copy of the fee schedule or schedules adopted by a manufacturer and manufacturer's authorized installer pursuant to subdivision (i) of Section 13386 of the Vehicle Code. The fee schedule shall include provisions for the payment of the costs of the device by an applicant in amounts commensurate with the applicant's ability to pay. The fee schedule shall include the cost of all services provided, including standard charges for installation, service and maintenance, and removal of the devices, and any non-standard charges for service and maintenance of the devices.
(12) An imprint of the manufacturer's stamp. A manufacturer shall ensure that each authorized installer has the stamp of the manufacturer of the device, meaning a stamping tool, not an imprint.
(13) A manufacturer shall provide the department with a toll-free telephone number through which participants may be referred to the authorized installers.
(14) An application fee of $100.00.
(b) The department may have the laboratory test results reviewed, at the manufacturer's expense, by an agency or individual outside the department, and of the department's choice, when such review is deemed necessary to determine whether or not a device meets the requirements for certification.
(c) The department may require that manufacturers install devices on vehicles approved by the department to field test the devices.
(d) The department shall certify, or refuse to certify, a device within 90 days of receipt of a complete application. The department shall notify the manufacturer within 10 days of receipt of the application if the application is incomplete and shall specify what information or documents are needed to complete the application.
(e) An applicant who has not received notification within the time periods specified may file an appeal with the Secretary of the Business, Transportation and Housing Agency in accordance with Chapter 6 of Division 3 of Title 21 of the California Code of Regulations. If the Secretary finds that the department failed to provide the notification required within the time period specified without good cause, the department shall reimburse the applicant fully for all application fees paid.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652 and 13386, Vehicle Code; and Sections 15374-15378, Government Code.
HISTORY
1. Renumbering of former section 100.91 to section 125.02, including amendment of section and Note, filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
2. Amendment of subsections (a)(6), (a)(11) and (a)(12), new subsection (a)(13) and subsection renumbering filed 10-29-2003; operative 11-28-2003 (Register 2003, No. 44).
3. Amendment of subsections (a)(4) and (a)(11) filed 9-18-2007; operative 10-18-2007 (Register 2007, No. 38).
4. Amendment of subsection (a)(1), repealer of subsections (a)(1)(A)-(F) and amendment of subsections (a)(4)-(5) and (a)(11) filed 7-23-2010; operative 7-23-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 30).
§125.04. Modification of Certified Device.
Note • History
A manufacturer shall notify the department in writing of any material modification or alteration in the components, design or installation and operating instructions of any device certified for use in this state. The manufacturer shall provide the department satisfactory proof (to include retesting by an independent laboratory, if required by the department), prior to the sale or distribution of a modified or altered device, that these modifications or alterations do not adversely affect the ability of the device to satisfy the requirements of the minimum federal standards pursuant to Vehicle Code Section 13386(e).
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 13386, Vehicle Code.
HISTORY
1. Renumbering of former section 100.93 to section 125.04, including amendment of section and Note, filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
2. Amendment filed 9-18-2007; operative 10-18-2007 (Register 2007, No. 38).
§125.06. Compliance with Changes in Certification Requirements.
Note • History
(a) A manufacturer of an ignition interlock device certified by the department shall comply with any regulatory changes within 60 days from adoption for the device to remain certified.
(b) If there are any changes to the list of authorized installers, a manufacturer shall submit an updated list to the department within 10 days of the change.
(c) If there are any changes to an adopted fee schedule, a manufacturer shall submit the updated fee schedule to the department within 30 days of the changes.
(d) If there are any changes to the manufacturer's stamp, a manufacturer shall provide an imprint of the new stamp to the department 30 days prior to its use.
(e) If there are any changes to the toll-free telephone number, a manufacturer shall provide the new toll-free telephone number to the department 90 days prior to its use.
(f) If there are any changes to any information provided on the Application for Certification of Ignition Interlock Device form (DL 9) (REV. 4/2000), a manufacturer shall submit an updated application within 30 days of the changes.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 13386, Vehicle Code.
HISTORY
1. New section filed 10-29-2003; operative 11-28-2003 (Register 2003, No. 44).
§125.08. Refusal, Suspension or Revocation of Device Certification.
Note • History
(a) The department may refuse to certify a device, or may suspend or revoke the certification of a device and remove it from the list of certified devices, for any of the following reasons:
(1) Defects in design, materials, or workmanship of the device causing repeated failures of a device to function as intended.
(2) Termination or cancellation of a manufacturer's liability insurance.
(3) The manufacturer ceases to manufacture ignition interlock devices.
(4) Voluntary request by a manufacturer to cancel certification of a device.
(5) Violation of a provision of this article by a manufacturer or authorized installer.
(6) The manufacturer or certifying laboratory provides materially false or inaccurate information relating to the performance of a device.
(7) Modification or alteration of the components, design, or installation and operation instructions in such a way that the requirements of the minimum federal standards adopted in Vehicle Code Section 13386(e) are no longer satisfied.
(b) Suspension or revocation of certification shall be effective 30 days after written notification is sent to the manufacturer by certified mail. The notice of suspension or revocation shall specify the basis for the action.
(c) Within ninety days of the suspension or revocation of certification, the manufacturer shall be responsible for and shall bear the cost of removal of any and all de-certified devices and the replacement with a certified device regardless of the manufacturer of the device being substituted.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 13386, Vehicle Code.
HISTORY
1. Renumbering of former section 100.92 to section 125.08, including amendment of section and Note, filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
2. Amendment of subsection (a)(7) filed 9-18-2007; operative 10-18-2007 (Register 2007, No. 38).
§125.10. Referral to an Authorized Installer.
Note • History
(a) A manufacturer shall only refer a driver participating in the ignition interlock program (a participant) to an authorized installer who meets the requirements in Sections 3363.1 through 3363.4 of Title 16 of the California Code of Regulations. The manufacturer shall also ensure that an authorized installer complies with the installation procedures established in Title 16 of the California Code of Regulations.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 13386(f), Vehicle Code.
HISTORY
1. Renumbering of former section 100.94 to section 125.10, including amendment of section and Note, filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
2. Amendment of subsection (a) and repealer of subsections (b)-(c) filed 10-29-2003; operative 11-28-2003 (Register 2003, No. 44).
§125.12. Service and Maintenance of Ignition Interlock Devices.
Note • History
(a) A manufacturer shall ensure that an authorized installer has the training and skills necessary to install, troubleshoot, check for proper operation of the device, screen the vehicle for acceptable condition, and complies with the following:
(1) Provides all participants with the following:
(A) A verification of installation report upon installation of an ignition interlock device. The installer shall submit verification forms under the following circumstances:
(i) When a participant is requesting a restricted driver license pursuant to Vehicle Code section 13352(a)(3) through (a)(7), the installer shall complete an original Verification of Installation, form DL 920 (REV 7/2010), which is hereby incorporated by reference, in accordance with Section 125.16 of this article.
(ii) When a court has ordered the installation of an ignition interlock device, the installer shall complete and submit a court-authorized verification of installation form to the court. The installer shall provide verification of installation to the department and must submit an original Verification of Installation, form DL 920 (REV 7/2010) or a copy of the court-authorized verification of installation form.
(iii) When the Department of Motor Vehicles has ordered the installation of an ignition interlock device, the installer shall complete and submit to the department a Department of Motor Vehicles Ordered Verification of Ignition Interlock, form DL 924 (REV 7/2010) which is hereby incorporated by reference.
(B) Written instructions on cleaning and caring for the device.
(C) Written instructions on types of vehicle malfunctions or repairs that may affect the device, and what to do when such repairs are necessary.
(D) Written and hands-on training for the participant and all persons who operate the vehicle on use of the device after it is installed in the vehicle.
(E) A 24-hour emergency phone number that may be used to request assistance in the event of failure of the device or vehicle problems related to operation of the device. The assistance provided by the authorized installer shall include technical information, tow service, or road service. The device shall be made functional within 48 hours of the call for assistance, or the device shall be replaced.
(2) Follows the manufacturer's specifications for service and repair of an ignition interlock device.
(A) Services the device in intervals not to exceed 60 days.
(B) Service shall include, but not be limited to, physical inspection of the device and vehicle for tampering, calibration of the device, and monitoring of the data contained within the device's memory.
(C) Each time a device is serviced, downloads all the data recorded in the device's memory. The electronic log shall specify the corresponding device or participant file identification number (that when accessed will clearly specify the corresponding device), the date the download occurred and can be either a hardcopy or an electronic copy. If an electronic copy is used it shall be electronically maintained and a hardcopy shall be provided upon request. The downloaded data shall also contain a summary report that includes each incident the breath alcohol level was at or above the alcohol setpoint, any attempts to bypass or tamper with the device and shall specify the corresponding device or participant file identification number, and date the download occurred.
(D) Each time a device is serviced, a hardcopy of the summary report shall be included in the participant's file.
(E) Each time a device is serviced, a hardcopy of the calibration results shall be included in the participant's file.
(F) If an installed device is replaced with another device, the event shall be documented. The documentation shall specify each device and the documentation shall be included in the participant's file.
(G) If a participant fails to return the vehicle for recalibration within 60 days, and does not contact the installer to reschedule the appointment for service, the installer shall schedule another appointment within seven days of the missed appointment. The installer shall notify the participant of the new appointment by mail and by telephone, if possible. If the participant fails to keep the second appointment, and does not contact the installer to reschedule the appointment, the installer shall schedule a third appointment within seven days of the missed appointment. The installer shall notify the participant of the new appointment by mail and by telephone, if possible. If the participant fails to keep the third appointment, the installer shall report the participant's non-compliance to the department on the Notice of Non-Compliance, form DL 921 (NEW 11/99), pursuant to Section 125.18 of this article.
(H) If the participant is unable to return the vehicle for recalibration within 60 days due to military service, a family death, or similar event beyond the control of the participant, and the participant can document the event to the satisfaction of the installer prior to non-compliance being reported to the department by the installer, the installer may extend the time for recalibration as appropriate. A copy of the documentation shall be included in the participant's file. If the participant fails to return the vehicle for recalibration as scheduled, the installer shall follow the procedure in subdivision (G) to determine non-compliance.
(3) Conducts physical tamper inspections every time the device is serviced, or given routine inspection, maintenance, or repair, or is replaced.
(A) A tamper inspection shall include checking the device for proper operation of tamper detection capabilities. If tampering is detected, the inspection shall also include installation wiring connection and tamper seals.
(B) Documenting evidence of tampering shall include photographing the damage, an electronic log hardcopy, or completing a comprehensive incident report or other written documentation. If originals of such evidence are sent to a court or the department, copies shall be included in the participant's file.
(C) The installer shall report any evidence of attempts to bypass or circumvent the device or of physical tampering to the appropriate court or the department within three working days. When reporting such evidence to the department, the installer shall complete the Notice of Non-Compliance, form DL 921 (NEW 11/99) pursuant to Section 125.18 of this article.
(D) After the evidence of tampering has been recorded or photographed, and reported to the appropriate court or the department, the installer shall restore the system and its tamper seals, or equivalents, and all other components to their original condition to prevent further abuse.
(E) If a participant fails to maintain the device pursuant to Section 23573 or 23575 of the Vehicle Code, the installer shall report non-compliance to the appropriate court or the department as required by statute, within three working days.
(F) When reporting non-compliance to the court personnel or the Department of Motor Vehicles, the installer shall follow procedures and forms provided by the appropriate court and the Department of Motor Vehicles and a copy shall be included in the participant's file.
(b) Whenever a device is removed, a manufacturer shall ensure that the vehicle is restored to its original condition by the authorized installer. When reporting the removal to the court personnel, the installer shall follow procedures and forms provided by the appropriate court and a copy shall be included in the participant's file or an “Ignition Interlock Notice of Removal,” form DL 922 (REV 1/2007), which is hereby incorporated by reference, pursuant to Section 125.20 of this article, shall be sent to the department, within three working days after removal of a device.
(c) A manufacturer shall be responsible for providing continuing service by an authorized installer during the period the device is installed, without interruption, when an authorized installer is replaced with another affiliated authorized installer or replaced with another authorized installer affiliated with another manufacturer.
(1) The manufacturer shall obtain all participant files from an authorized installer being replaced, and shall provide the participant files to the new installer.
(2) The manufacturer shall ensure that each participant with an existing, installed device is able to obtain the required service within a similar distance or less from the participant's residence or place of business. If there are installed devices for which authorized service is no longer accessible, such devices shall be replaced by the manufacturer, at no cost to the participant, with a device from another manufacturer's authorized installer located at a similar distance or less from the participant's residence or place of business.
(3) The manufacturer shall make every effort to notify all participants of a change of the authorized installer or replacement of the device 30 days before the change or replacement will occur. When the manufacturer is unable to notify participants 30 days prior to the change or replacement, the manufacturer shall notify all participants of the change as soon as possible.
(4) The removal of the device shall be recorded on an Ignition Interlock Notice of Removal form DL 922 (REV 1/2007) pursuant to Section125.20. Section II of the Ignition Interlock Notice of Removal form DL 922 (REV 1/2007) is not applicable for this type of removal. The installation of the new manufacturer's device shall be recorded on a Verification of Installation form DL 920 (REV 7/2010) pursuant to Section125.16. To substantiate that no break in service has occurred, the department copies of the Verification of Installation form DL 920 (REV 7/2010) and Ignition Interlock Notice of Removal form DL 922 (REV 1/2007) shall be submitted to the department together.
(d) A manufacturer shall be responsible for providing continuing service by an authorized installer during the period the device is installed, without interruption, when the participant elects to transfer to an affiliated authorized installer or to another authorized installer affiliated with another manufacturer.
(1) The participant's file shall be transferred pursuant to the procedures described in Section125.12(c)(1).
(2) The device removal and installation shall be recorded and reported pursuant to the procedures described in Section125.12(c)(4).
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 13386, 23573 and 23575(g), Vehicle Code.
HISTORY
1. New section filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
2. Amendment filed 10-29-2003; operative 11-28-2003 (Register 2003, No. 44).
3. Amendment of subsection (a)(1)(A), new subsections (a)(1)(A)(i)-(ii), and amendment of subsections (b) and (c)(4) filed 9-18-2007; operative 10-18-2007 (Register 2007, No. 38).
4. Amendment of subsections (a)(1)(A)(i)-(iii), (a)(3)(E)-(F), (c)(4) and (d)(1)-(2) and amendment of Note filed 7-23-2010; operative 7-23-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 30).
§125.14. Installation Locations and Participant Files.
Note • History
(a) Authorized installer installation locations may include mobile units or satellite locations for the installation, calibration, servicing, monitoring and removal of the devices.
(b) A manufacturer shall ensure that each authorized installer creates and maintains a participant file for each participant.
(c) A copy of all completed ignition interlock device program forms used by the court shall be included in the participant file.
(d) The department may obtain copies of participants' files directly from an authorized installer.
(e) The department may inspect the authorized installer's participant files or the installation locations during regular business hours.
(f) A manufacturer shall ensure that each authorized installer, after a device is removed, retains the participant's file for a minimum of five (5) years.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 13386, Vehicle Code.
HISTORY
1. Renumbering of former section 100.95 to section 125.14, including amendment of section and Note, filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
2. Repealer and new section heading and amendment of section filed 10-29-2003; operative 11-28-2003 (Register 2003, No. 44).
§125.16. Verification of Installation.
Note • History
(a) Unless the participant is ordered by the court to install an Ignition Interlock Device, upon application for a restricted driver license pursuant to Vehicle Code section 13352(a)(3) through (a)(9), the participant shall submit the $15 fee specified in Section 124.95 of Title 13 of the California Code of Regulations and a Verification of Installation Ignition Interlock, form DL 920 (REV 7/2010), which is hereby incorporated by reference. This fee and form is in addition to all other application requirements.
(b) Pursuant to Vehicle Code section 13352 (a)(3) and (a)(5) a participant shall submit a Verification of Installation Ignition Interlock, form DL 920 (REV 7/2010) and a forty-five dollar ($45) administrative service fee.
(c) If an ignition interlock device is ordered by the court, the participant shall submit an original Verification of Installation Ignition Interlock, form DL 920 (REV 7/2010) or the court ordered verification of installation form to the department.
(d) The Verification of Installation Ignition Interlock, Form DL 920 (REV 7/2010), may contain the date of the next monitor check.
(e) A manufacturer shall account for each Verification of Installation Ignition Interlock, form DL 920 (REV 7/2010), issued to the manufacturer. If any unused forms become lost, stolen, or misplaced the manufacturer shall immediately notify local law enforcement and provide written notification to the department.
(f) Completed copies of the Verification of Installation Ignition Interlock, form DL 920 (REV 7/2010), shall be distributed as follows:
(1) The original completed Verification of Installation Ignition Interlock, form DL 920 (REV 7/2010), shall be submitted to the department at a local field office, or mailed to the Department of Motor Vehicles, Mandatory Actions Unit, Mail Station J233, P.O. Box 942890, Sacramento, California, 94290-0001.
(2) One copy each shall be provided to the driver, the authorized installer of the device to include in the participant's file, and the manufacturer of the device or the manufacturer's agent, if applicable.
NOTE
Authority cited: Sections 1651, 13352 and 13386, Vehicle Code. Reference: Sections 1652, 13352 and 13386, Vehicle Code.
HISTORY
1. New section filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
2. Amendment of subsections (a) and (a)(7), new subsection (c), subsection relettering, and amendment of newly designated subsections (d)-(d)(2) filed 10-29-2003; operative 11-28-2003 (Register 2003, No. 44).
3. Amendment of subsection (a), new subsection (b), subsection relettering and amendment of newly designated subsections (c)-(e)(1) filed 9-18-2007; operative 10-18-2007 (Register 2007, No. 38).
4. Amendment filed 7-23-2010; operative 7-23-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 30).
§125.18. Notice of Non-Compliance.
Note • History
(a) An installer shall submit to the department within three working days a Notice of Non-Compliance, form DL 921 (NEW 11/99), which is hereby incorporated by reference, if an ignition interlock device indicates that the participant has attempted to remove, bypass, or tamper with the device, or if the participant fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device, pursuant to Vehicle Code section 23573(e)(2), 23575(g), or 23700(a)(5)(B).
(b) Completed copies of the Notice of Non-Compliance form, DL 921 (NEW 11/99), shall be distributed as follows:
(1) The installer shall submit the original completed Notice of Non-Compliance form, DL 921 (NEW 11/99), to the department. The installer may mail the form to the Department of Motor Vehicles Mandatory Actions Unit, Mail Station J233, P. O. Box 942890, Sacramento, California, 94290-0001, or fax the completed form to the department at (916) 657-6001.
(2) One copy each shall be provided to the driver, the authorized installer to include in the participant's file, and the manufacturer of the device or the manufacturer's agent, if applicable.
NOTE
Authority cited: Sections 1651, 23573 and 23575, Vehicle Code. Reference: Sections 1652, 13386 and 23575, Vehicle Code.
HISTORY
1. New section filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
2. Amendment of subsections (a), (a)(6) and (b)-(b)(2) filed 10-29-2003; operative 11-28-2003 (Register 2003, No. 44).
3. Amendment of subsection (a), repealer of subsections (a)(1)-(13) and amendment of Note filed 7-23-2010; operative 7-23-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 30).
Note • History
(a) An installer shall submit to the department within three working days an Ignition Interlock Notice of Removal, form DL 922 (REV 1/2007), which is hereby incorporated by reference, when the installer removes an ignition interlock device, pursuant to Section 125.12(b) of this article.
(b) When an installer removes a device from a participant's vehicle and reinstalls the device into another vehicle operated by the same participant, the removal and reinstallation is to be recorded by completing Section II “Removal/Installation Information.”
(1) The first segment of Section II identifies the vehicle make, year, license plate number and vehicle identification number of the vehicle from which the device is being removed.
(2) The second segment of Section II identifies the vehicle make, year, license plate number, and vehicle identification number of the vehicle in which the device is being reinstalled and also includes the date of installation, and the date of the next monitor check.
(c) A manufacturer shall account for each Notice of Removal, form DL 922 (REV 1/2007), issued to the manufacturer. If any unused forms become lost, stolen, or misplaced the manufacturer shall immediately notify local law enforcement and provide written notification to the department.
(d) Completed copies of the Notice of Removal form, DL 922 (REV 1/2007), shall be distributed as follows:
(1) The installer shall submit the original completed Notice of Removal, form DL 922 (REV 1/2007), to the department. The installer may mail the completed form to the Department of Motor Vehicles Mandatory Actions Unit, Mail Station J233, P. O. Box 942890, Sacramento, California, 94290-0001, or fax the completed form to the department at (916) 657-6001.
(2) One copy each shall be provided to the driver, the authorized installer of the device to include in the participant's file, and the manufacturer of the device or the manufacturer's agent, if applicable.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652, 13386 and 23575(g), Vehicle Code.
HISTORY
1. New section filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
2. Amendment filed 10-29-2003; operative 11-28-2003 (Register 2003, No. 44).
3. Amendment of subsections (a) and (b)-(c)(1) filed 9-18-2007; operative 10-18-2007 (Register 2007, No. 38).
4. Amendment filed 7-23-2010; operative 7-23-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 30).
§125.22. Notice to Employers Regarding an Ignition Interlock Restriction.
Note • History
(a) The department shall provide to any requesting participant a Notice to Employers, Ignition Interlock Restriction, form DL 923 (NEW 11/99).
(b) The participant shall provide a Notice to Employers, Ignition Interlock Restriction, form DL 923 (NEW 11/99), which is hereby incorporated by reference, to any employer who owns a vehicle that the participant must operate during the course of employment, and keep a copy of the Notice to Employers Ignition Interlock Restriction in his or her possession or with the vehicle operated. The Notice to Employers, Ignition Interlock Restriction, form DL 923 (NEW 11/99), allows the participant to operate the employer's vehicle without an ignition interlock device.
NOTE
Authority cited: Sections 1651 and 23576, Vehicle Code. Reference: Sections 1652 and 23576, Vehicle Code.
HISTORY
1. New section filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
2. Amendment of subsections (a)-(b) filed 10-29-2003; operative 11-28-2003 (Regiser 2003, No. 44).
3. Amendment of subsection (b) and repealer of subsections (b)(1)-(4) filed 7-23-2010; operative 7-23-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 30).
§126.00. Verification of Installation for Department of Motor Vehicles Required Ignition Interlock Device.
Note • History
(a) Upon the department's receipt of notification from the court of a conviction of Vehicle Code section 14601.2, 14601.4 or 14601.5, the department shall notice the participant of the requirement to install an ignition interlock device, certified pursuant to Section 125.02 of this article, within 30 days of the mail date of the notice, unless the participant meets all the exemptions provided in Vehicle Code section 23573(g).
(b) Upon notification of the requirement to install an ignition interlock device, the participant shall submit the following to the department:
(1) A Department of Motor Vehicles Ordered Verification of Ignition Interlock, form DL 924 (REV 7/2010), which is hereby incorporated by reference.
(2) A forty dollar ($40) administrative service fee required pursuant to Vehicle Code section 23573(c)(3).
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652, 14601.2, 14601.4 or 14601.5 and 23573, Vehicle Code.
HISTORY
1. New section filed 7-23-2010; operative 7-23-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 30).
§126.02. Distribution of Verification of Installation, Form DL 924.
Note • History
(a) Completed copies of the Department of Motor Vehicles Ordered Verification of Installation, form DL 924 (REV 7/2010), shall be distributed as follows:
(1) The original completed form DL 924 (REV 7/2010) shall be submitted to the department at a local public field office or mailed to the Department of Motor Vehicles, Mandatory Actions Unit, Mail Station J233, P.O. Box 942890, Sacramento, California, 94290-0001.
(2) One copy each shall be provided to the driver, the authorized installer of the device to include in the participant's file, and the manufacturer of the device or the manufacturer's agent, if applicable.
(b) A manufacturer shall account for each Department of Motor Vehicles Ordered Verification of Installation, form DL 924 (REV 7/2010), issued to it by the department. If any unused forms become lost, stolen or misplaced, the manufacturer shall immediately notify local law enforcement and provide written notification to the department.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 23573, Vehicle Code.
HISTORY
1. New section filed 7-23-2010; operative 7-23-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 30).
§126.04. Exemption from Department of Motor Vehicles Required Ignition Interlock Device.
Note • History
(a) If the participant meets all the requirements for an exemption from the ignition interlock device requirement provided in Vehicle Code section 23573(g)(1)(A), he or she shall submit an Exemption for Ignition Interlock Device, form DL 4054B (REV. 1/2010), which is hereby incorporated by reference, to the department within 30 days from the mail date of the notification of the requirement to install ignition interlock device. The original completed form DL 4054B (REV. 1/2010), shall be submitted to the department at a local public field office, or mailed to the Department of Motor Vehicles, Mandatory Actions Unit, Mail Station J233, P.O. Box 942890, Sacramento, California, 94290-0001.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 13352 and 13386, Vehicle Code.
HISTORY
1. New section filed 7-23-2010; operative 7-23-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 30).
§127.00. Ignition Interlock Device Restriction.
Note • History
The requirement of a person to participate in this pilot program is based upon the location of the county where the person was convicted.
(a) Pursuant to Vehicle Code section 23700, a person convicted of Vehicle Code section 23152 or 23153, in the county of Alameda, Los Angeles, Sacramento or Tulare, shall be required to install an ignition interlock device for the term required by Vehicle Code section 23700(a)(7).
(b) Upon receipt of notification from a court located in the county of Alameda, Los Angeles, Sacramento or Tulare of a conviction of Vehicle Code section 23152 or 23153, the department shall require the participant to install an ignition interlock device, certified pursuant to Section 125.02 of this article, prior to reinstatement of the driving privilege, unless the participant meets all the exemptions provided in Vehicle Code section 23700(a)(8).
(c) Upon reinstatement of the driving privilege, the participant's driver license will be restricted to operating vehicles with an ignition interlock device for the term required in Vehicle Code section 23700(a)(7)(A) or (B).
(d) Prior to reinstatement of the driver license, the participant shall submit a Department of Motor Vehicles Ordered Verification of Installation, form DL 924 (REV. 7/2010).
(e) A forty-five ($45) administrative service fee is required pursuant to Vehicle Code section 23700(a)(3)(C).
NOTE
Authority cited: Sections 1651 and 23700, Vehicle Code. Reference: Sections 23152, 23153 and 23700, Vehicle Code.
HISTORY
1. New section filed 7-23-2010; operative 7-23-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 30).
Note • History
(a) Pursuant to Vehicle Code section 23700(a)(3)(C), a forty-five ($45) administrative fee is required for participation in this pilot program for a conviction of Vehicle Code section 23152 or 23153.
(b) Pursuant to Vehicle Code section 13352(a)(3)(F) and (5)(F), a forty-five ($45) administrative fee is required for a participant convicted of Vehicle Code section 23152 or 23153 who agrees to maintain a interlock ignition device pursuant to Vehicle Code section 13352(a)(3) or (5).
NOTE
Authority cited: Sections 1651, 13352 and 23700, Vehicle Code. Reference: Sections 13352 and 23700, Vehicle Code.
HISTORY
1. New section filed 7-23-2010; operative 7-23-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 30).
§127.04. Exemption from Ignition Interlock Device Requirements.
Note • History
(a) If the participant meets all the requirements for an exemption from the ignition interlock device requirement as provided in Vehicle Code section 23700, he or she shall submit an Exemption for Ignition Interlock Device (IID), form DL 4055B (NEW 7/2010), which is hereby incorporated by reference, to the department no later than 30 days from mail date of the notification of the requirement to install the IID. The original completed form DL 4055B (NEW 7/2010), shall be submitted to the department at a local public field office, or mailed to the Department of Motor Vehicles, Mandatory Actions Unit, Mail Station J233, P.O. Box 942890, Sacramento, California, 94290-0001.
NOTE
Authority cited: Sections 1651 and 23700, Vehicle Code. Reference: Section 23700, Vehicle Code.
HISTORY
1. New section filed 7-23-2010; operative 7-23-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 30).
Note • History
(a) Pursuant to Vehicle Code section 13386(g), effective July 1, 2010, a manufacturer or manufacturer's agent shall begin retaining data related to the number of false positives and time to reset the device, as defined in section 125.00.
(b) The first report shall be submitted to the department no later than July 30, 2011 and annually thereafter, no later than July 30th, each year through July 30, 2015. The final report for July 1, 2015 through December 31, 2015 shall be submitted to department no later than January 30, 2016. The reports shall be submitted on an original Report of False Positives/Reset Time, form DL 9A (NEW 7/2010), which is hereby incorporated by reference.
NOTE
Authority cited: Sections 1651 and 13386, Vehicle Code. Reference: Section 13386, Vehicle Code.
HISTORY
1. New section filed 7-23-2010; operative 7-23-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 30).
§127.08. Reset of Ignition Interlock Restriction Term.
Note • History
Pursuant to Vehicle Code section 23700(a)(10), a person who fails to comply with the required term of the ignition interlock device requirement shall have the duration of the required restriction term paused until the participant provides the department with a Department of Motor Vehicles Ordered Verification of Installation, form DL 924 (REV. 7/2010.) The restriction shall then be re-imposed for the remainder of the original term of the restriction.
NOTE
Authority cited: Sections 1651 and 23700, Vehicle Code. Reference: Section 23700, Vehicle Code.
HISTORY
1. New section filed 7-23-2010; operative 7-23-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 30).
Note • History
A person is required to install an ignition interlock device for the term specified in Vehicle Code section 23700(a)(7)(A) or (B) upon eligibility for issuance of a driver license. The restriction does not lapse until the participant has provided proof of installation of the device as required by Section 126.00 of this article. Expiration of the restriction shall be paused if the participant fails to maintain or to install the device pursuant to Vehicle Code section 23575.
NOTE
Authority cited: Sections 1651 and 23700, Vehicle Code. Reference: Sections 23575 and 23700, Vehicle Code.
HISTORY
1. New section filed 7-23-2010; operative 7-23-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 30).
Article 2.6. Reinstatement Fees
Note • History
(a) Pursuant to Section 14904 of the Vehicle Code, a $42.00 driver license reissue fee is required to be paid after the suspension or revocation of a person's driving privilege. This fee is in addition to any other fees required by the Vehicle Code, and shall be paid prior to the issuance, reissuance or return of the driver license.
(b) Pursuant to Section 14906 of the Vehicle Code, a $13.00 notice of sanction fee is required to be paid after the suspension or revocation of a person's driving privilege. This fee is in addition to any other fees required by the Vehicle Code, and shall be paid prior to the issuance, reissuance or return of the driver license.
(c) This Section does not apply to any suspension or revocation that is set aside by the department or a court, or which is based upon a physical or mental condition.
(d) This Section does not apply to any person subject to the fee required by Section 14905 of the Vehicle Code.
(e) The provisions of this section apply to driver license reissue and notice of sanction fees paid to the department on or after June 30, 1997.
NOTE
Authority cited: Sections 1651 and 14904, Vehicle Code. Reference: Sections 13106, 14904 and 14906, Vehicle Code.
HISTORY
1. New section filed 5-27-97 as an emergency; operative 5-27-97 (Register 97, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-24-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-27-97 order transmitted to OAL 8-11-97 and filed 8-15-97 (Register 97, No. 33).
§146.00. Penalty Fee for Failure to Surrender Driver License. [Repealed]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 13551, 13551.1 and 14908, Vehicle Code.
HISTORY
1. New article 2.6 and section filed 9-7-95; operative 10-7-95 (Register 95, No. 36).
2. Change without regulatory effect repealing section filed 1-9-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 2).
Article 2.7. Certificates and Endorsements
§147.00. House Car Endorsement.
Note • History
(a) Applicants for a house car endorsement issued pursuant to Vehicle Code Sections 35400, 12804.09, 12804.10, and 12804.15 shall meet the following requirements:
(1) Obtain a non-commercial class B driver license.
(2) Meet and maintain the minimum medical requirements, by submitting a Physician's Health Report, form DL 546A (NEW 12/2001), upon application and every two years thereafter. The minimum medical requirement shall be the same as the requirements established for a restricted class A driver license in Title 13, Section 28.21, California Code of Regulations.
(3) Successfully complete a specialized written test based on the California Recreational Vehicles and Trailers Handbook.
(4) Successfully complete the practical (drive) test which includes (1) a vehicle safety check; (2) two skill tests that simulate the positioning of the house car in a designated space; and (3) driving/road test.
(5) Pay a fee pursuant to subdivision (c)(3) of Vehicle Code Section 12804.15.
(b) The following driver license classifications shall be exempt from the house car endorsement requirement:
(1) Commercial class A.
(2) Commercial class B.
(c) The medical form provided by the department, shall be the Physician's Health Report, form DL 546A (NEW 12/2001), and shall be completed and signed by a physician and contain the following information:
(1) The applicant's true full name, address, date of birth, driver license number, and daytime telephone number.
(2) A “yes” or “no” response as to whether the applicant:
(A) has difficulty recognizing the colors of red, green, and amber used in traffic signal lights and devices.
(B) has peripheral vision of less than 70 degrees for either eye.
(C) has difficulty perceiving a forced whispered voice in the better ear without a hearing aid, at not less than five (5) feet.
(D) has a vision impairment in either eye that is not correctable to visual acuity of 20/40 or better.
(E) has a missing foot, leg, hand, finger, or arm.
(F) has any other impairment of a hand, finger, arm, foot, or leg, or any other limitation.
(G) has diabetes requiring insulin for control.
(H) has had a hypoglycemic episode or any other adverse reaction related to diabetes in the last three (3) years.
(I) has had a heart attack, angina, coronary insufficiency, thrombosis, stroke, or other heart problem, or cardiovascular disease, and if “yes”, whether the applicant has had labored breathing, fainting, collapse, congestive heart failure, or other symptoms in the last three (3) years.
(J) has been diagnosed with a respiratory condition, such as emphysema, chronic asthma, or tuberculosis and, if “yes”, whether the respiratory condition is likely to interfere with the applicant's ability to drive a motor vehicle safely.
(K) has ever been diagnosed with high blood pressure of 160/90 or higher.
(L) has been diagnosed with rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease, and if “yes”, whether the condition is likely to interfere with the applicant's ability to drive a motor vehicle safely.
(M) has ever been diagnosed with any mental, nervous, organic or functional disease, or psychiatric disorder, and if “yes”, whether the condition is likely to interfere with the applicant's ability to drive a motor vehicle safely.
(N) has ever been diagnosed with epilepsy or any other condition which may cause loss of consciousness or loss of control, and if “yes”, whether the applicant has had a loss of consciousness or loss of control in the last three (3) years.
(O) uses a controlled substance, amphetamine, narcotic, or any other habit-forming drug, and if “yes”, whether the drug will interfere with the patient's ability to drive a motor vehicle.
(P) has a history or current clinical diagnosis of alcoholism.
(3) Visual acuity of each eye must be given and be at least 20/40 in each eye with or without corrective lenses.
(A) Whether contact lenses are worn, and if “yes”, whether they are well adapted and tolerated.
(4) The applicant's blood pressure reading at the time of the exam.
(5) An explanation for any “yes” answers.
(6) A check-box indicating the applicant has been examined and has no physical impairment or condition to preclude him or her from driving a house car of more than 40 feet in length.
(7) The physician's name, office address, telephone number, date of applicant's last visit, physician's medical license or certificate number with the issuing state, date of the exam, and the signature of the physician.
(8) A certification signed and dated by the applicant under penalty of perjury, that the information provided is true and correct, and that the applicant consents to release of medical information to the department.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 12804.10, 12804.15 and 35400, Vehicle Code.
HISTORY
1. New article 2.7 (section 147.00) and section filed 5-12-2003; operative 6-11-2003 (Register 2003, No. 20).
2. Editorial correction adding article heading and amending History 1 (Register 2004, No. 19).
Article 3. Vehicle Registration and Titling
§150.01. Vehicle Engine or Motor.
Note • History
A motor vehicle engine or motor shall hereafter be defined as the principal parts of a motor assembly, which are the cylinder block with the crank shaft, pistons, and connecting rods for the number of cylinders in the block, cam shaft or cam shafts; within or without the lower half of the crank case.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 4161, 4163 and 9257, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 200.01 to section 150.01 and amending article 3 heading filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment repealing subheading filed 9-2-2004; operative 10-2-2004 (Register 2004, No. 36).
§150.02. Decorative or Facsimile License Plate Size.
Note • History
Pursuant to Section 4463.5 of the Vehicle Code, facsimile plates shall not be of a size substantially similar to the motor vehicle license plate issued by the department. The facsimile plate shall be:
(1) Smaller than 9 inches in length and 3 inches in width, or
(2) Larger than 15 inches in length and 9 inches in width.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 4463.5, Vehicle Code.
HISTORY
1. New section filed 3-11-94; operative 4-11-94 (Register 94, No. 11).
Note • History
(a) Pursuant to Section 471 of the Vehicle Code, any motor vehicle, except a motorcycle, motorized bicycle, or motorized quadricycle, with an open box type bed not exceeding 9 feet in length is by definition a pickup. Examples of this type of motor vehicle include the Ford Explorer Sport Trac, Nissan Frontier and other similarly designed vehicles.
(b) Pursuant to Section 471 of the Vehicle Code, any motor vehicle, except a motorcycle, motorized bicycle, or motorized quadricycle, that may be configured or reconfigured to provide an open box type bed not exceeding 9 feet in length is by definition a pickup. Examples of this type of motor vehicle include the Chevrolet Avalanche and similarly designed vehicles.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 471, Vehicle Code.
HISTORY
1. New section filed 6-24-2003; operative 7-24-2003 (Register 2003, No. 26).
2. Editorial correction adjusting placement of section (Register 2003, No. 27).
§150.06. Description of Vehicle Required for Sale or Transfer.
Note • History
For purposes of notifying the department of the sale or transfer of a vehicle as required in Vehicle Code Section 5900, the description of the vehicle shall consist of either the California license plate number or the vehicle identification number or both numbers.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 5900, Vehicle Code.
HISTORY
1. New section filed 12-27-2004; approved by operation of law 12-22-2004; operative 1-21-2005 (Register 2004, No. 53).
§150.08. Truck Tractors with Living Quarters.
Note • History
Truck tractors as defined in Vehicle Code section 655 that have been initially manufactured, modified by a second stage manufacturer or otherwise altered to include living quarters shall be considered commercial vehicles under Vehicle Code section 260 unless the living quarters permanently prevent the truck tractor from towing or drawing other vehicles.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 260 and 655, Vehicle Code; and California Career Schools v. Department of Motor Vehicles (2004) 120 Cal. App. 4th 10, 15 Cal. Rptr. 3d 813.
HISTORY
1. New section filed 7-11-2007; operative 8-10-2007 (Register 2007, No. 28).
§151.00. Refusal of Registration.
Note • History
(a) Pursuant to California Health and Safety Code section 43151 and Vehicle Code section 4750, a new motor vehicle that is not certified by the California Air Resources Board as equipped with a California emission system may be refused California registration. The new motor vehicle shall not be driven or sold to circumvent this law.
(1) A new motor vehicle shall be defined as a vehicle with less than 7,500 miles on the odometer at the time it is first acquired, purchased, imported, delivered, rented, leased, or received by a California resident or a California established place of business.
(A) The odometer reading at the location and on the date the vehicle was purchased, imported, delivered, rented, leased, acquired or received by the California resident or an established place of business shall determine compliance with California Health and Safety Code sections 43150 through 43156.
(2) A new motor vehicle may include, but not be limited to, passenger motor vehicles, motorcycles, off-highway vehicles, and gas and diesel-powered motor vehicles.
(3) The term “resident” as used in Health and Safety Code section 43151 shall be as defined in Vehicle Code section 516.
(4) California residents that are military personnel on active duty outside of California when the new motor vehicle was purchased, imported, delivered, rented, leased, acquired or received may be considered nonresidents for purposes of this section.
(b) The department may require additional documentation pursuant to California Vehicle Code section 4751 to substantiate the odometer reading, or the request of a California resident or a California established place of business for an exemption to register a non-California certified vehicle as provided in subdivisions (b) and (c) of Health and Safety Code section 43151; Vehicle Code sections 6701, 27156.2, and 27156.3; and Article 2, Section 1958 of Chapter 1, Division 3, Title 13, California Code of Regulations.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 516, 4750, 6701, 27156.2 and 27156.3, Vehicle Code; and Sections 43150, 43151, 43153, 43154, 43155 and 43156, Health and Safety Code.
HISTORY
1. New section filed 12-22-2004; operative 1-21-2005 (Register 2004, No. 52).
§152.00. Motor Vehicle Bond Requirements.
Note • History
(a) A motor vehicle owner applying for a California certificate of title without the required supporting evidence of ownership may submit a bond as authorized under Vehicle Code section 4157. The bond shall be executed by an admitted surety insurer on a Motor Vehicle Ownership Surety Bond, form REG 5057 (REV. 12/2004), which is hereby incorporated by reference. The bond shall be subject to chapter 2 (commencing with Section 995.010), title 14, of part 2 of the Code of Civil Procedure.
(b) The penal sum of the bond shall be in the amount of the fair market value of the motor vehicle.
(1) The fair market value shall be determined by either:
(A) A written appraisal provided by a California licensed or other state licensed motor vehicle dealer or motor vehicle insurance representative; or
(B) Identification of the motor vehicle and its price variations based on information provided in a recognized industry motor vehicle valuation and pricing handbook, such as the Kelly Blue Book. The highest and lowest price variations shall be added together and then divided by two; the result is the average price of the vehicle. The average price shall be the fair market value.
(c) A motor vehicle owner applying for a California certificate of title without the required supporting evidence of ownership may submit a deposit equal to the monetary amount appraised in Section 152.00(b)(1)(A) or calculated in Section 152.00(b)(1)(B) in lieu of the bond as provided in Section 995.710 of the Code of Civil Procedure. The deposit in lieu of a surety bond shall be executed on a Vehicle, Vessel or Off-Highway Vehicle Title Deposit Agreement and Assignment, form REG 5059 (NEW 10/2009), which is hereby incorporated by reference. The form shall meet the guidelines identified in the Code of Civil Procedure section 995.710. The form shall also identify the deposit method authorized by the Code of Civil Procedure section 995.710 that is chosen by the depositor.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 995.010 and 995.710, Code of Civil Procedure; and Sections 4157 and 4307, Vehicle Code.
HISTORY
1. New section filed 2-14-2006; operative 3-16-2006 (Register 2006, No. 7).
2. Amendment of subsection (c) filed 6-7-2010; operative 7-7-2010 (Register 2010, No. 24).
§154.00. Commercial Vehicle Weight Decals.
Note • History
(a) The department shall issue a set of two (2) weight decals to each vehicle weighing 10,001 pounds or more in accordance with subdivision (f) of Vehicle Code section 9400.1. Except for school buses, as defined in Vehicle Code Section 545 (see subsection (a)(1) below for the requirements that apply only to school buses), one (1) weight decal shall be affixed to each door on the right and left sides of the vehicle, or, if the vehicle has sliding doors, immediately in front of or behind each door. The decals may be affixed to plaques that are permanently attached to or adjacent to the right and left door of the vehicle. Both decals shall be visible from fifty feet.
(1) School Buses, as defined in Vehicle Code Section 545, shall have one weight decal affixed on each side of the vehicle, or upon plaques which are permanently affixed to the vehicle, twelve (12) inches from the rear portion of the rear wheel well opening. Both decals shall be visible from fifty feet.
(b) The department shall charge a three dollar ($3) fee for each set of weight decals, including substitute and duplicate weight decals.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 9400.1, Vehicle Code.
HISTORY
1. New section filed 12-15-2004; operative 1-14-2005 (Register 2004, No. 51).
2. Amendment of subsection (a), new subsection (a)(1) and amendment of Note filed 7-28-2006; operative 8-27-2006 (Register 2006, No. 30).
Note • History
As used in this article, the following definitions shall apply:
(a) An uncovered total loss vehicle is a stolen vehicle that is not recovered within 60 days of the date the theft of the vehicle is reported to the police.
(b) A constructive total loss vehicle is a vehicle meeting the conditions set forth in section 544 of the Vehicle Code defining a total loss salvage vehicle.
(c) A nonrepairable vehicle is a vehicle meeting the conditions set forth in section 431 of the Vehicle Code.
NOTE
Authority cited: Section 10902, Revenue and Taxation Code; and Section 1651, Vehicle Code. Reference: Sections 431, 11515 and 11515.2, Vehicle Code; and Section 10902, Revenue and Taxation Code.
HISTORY
1. Change without regulatory effect renumbering former section 205.00 to section 155.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of subsections (a) and (b), new subsection (c) and amendment of Note filed 9-2-2004; operative 10-2-2004 (Register 2004, No. 36).
§155.02. Vehicle License Fee Refund Requirements.
Note • History
(a) Prior to the submission of a vehicle license fee refund request for an unrecovered total loss vehicle, the following conditions shall be satisfied:
(1) The vehicle shall be registered in the name of the owner of the salvage value of the total loss vehicle in accordance with section 5902 of the Vehicle Code.
(2) Sixty (60) days shall have elapsed from the date the theft of the vehicle was reported to the police.
(b) Prior to, or at the same time as, the vehicle license fee refund request is submitted for a constructive total loss or nonrepairable vehicle, the requirements of section 11515 or 11515.2 of the Vehicle Code shall be satisfied.
NOTE
Authority cited: Section 10902, Revenue and Taxation Code; and Section 1651, Vehicle Code. Reference: Sections 9868, 11515, 11515.2 and 42231, Vehicle Code; and Section 10902, Revenue and Taxation Code.
HISTORY
1. Change without regulatory effect renumbering former section 205.02 to section 155.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of subsection (b) and Note filed 9-2-2004; operative 10-2-2004 (Register 2004, No. 36).
§155.04. Application for a Vehicle Licensee Fee Refund.
Note • History
(a) The application for the refund of the remaining portion of the vehicle license fee for an unrecovered total loss vehicle shall be submitted to the department on an Application for Vehicle License Fee Refund, Part A, Unrecovered Total Loss Vehicle form, [REG 65 (11/2003)] and shall contain the following information:
(1) The vehicle license plate number, vehicle identification number, year model, and vehicle make of the unrecovered total loss vehicle.
(2) The month, day and year of the vehicle theft.
(3) The month, day and year of the vehicle theft report and the name and location of the police where the theft was reported.
(A) A copy of the police vehicle theft report shall be submitted to the department with the application for a refund for an unrecovered total loss vehicle when a Department of Justice stolen vehicle update is not included in the vehicle report of the department.
(4) A certification signed by the applicant under penalty of perjury under the laws of the State of California that the information entered by the applicant is true and correct.
(5) The true full name(s) and address of the registered owner(s) of record at the time the vehicle was stolen.
(6) The signature of the applicant and the date signed.
(b) The application for the refund of the remaining portion of the vehicle license fee for a constructive total loss or nonrepairable vehicle shall be submitted to the department on an Application for Vehicle License Fee Refund, Part B, Constructive Total Loss or Nonrepairable Vehicle form, [REG 65 (11/2003)], and shall contain the following information:
(1) The vehicle license plate number, vehicle identification number, year model, and vehicle make of the constructive total loss or nonrepairable vehicle.
(2) The month, day and year the constructive total loss or nonrepairable vehicle was wrecked, destroyed or damaged by a single event.
(3) The true full name(s) and the address of the registered owner(s) of record at the time the vehicle was wrecked, destroyed or damaged.
(4) A certification signed under penalty of perjury under the laws of the State of California by the registered owner(s) of record named in subdivision (3) that he and/or she was not cited or convicted of one or more violations pursuant to section 23152 or section 23153 of the Vehicle Code which relates to driving under the influence of alcohol or drugs, or pursuant to section 23103 of the Vehicle Code as specified in section 23103.5 of the Vehicle Code which involves a substitute (plea) for an original citation of driving under the influence on connection with the loss of the vehicle described in the application.
(A) If the registered owner of record named in subdivision (3) was cited under any of these code sections, acceptable proof of the dismissal of the citation or a finding of not guilty shall be submitted to the department with the application.
(B) Acceptable proof shall be defined as a court abstract form (DL106R), a magnetic tape court abstract, a letter from a court on court letterhead, a departmental phone slip signed or initialed by the department employee who initiated the telephone call, or departmental microfilm or microfiche documentation.
(5) A declaration signed by the registered owner(s) of record named in subdivision (3) under penalty of perjury under the laws of the State of California that all the information entered on the application by the owner(s) is true and correct.
(6) The signature(s) and the date signed by the registered owner(s) of record named in subdivision (3).
(7) The true full name and address of the applicant who is the owner of the salvage value of the vehicle.
(8) A certification signed by the applicant under penalty of perjury under the laws of the State of California that the information entered by the applicant is true and correct.
(9) The signature of the applicant and the date signed.
(c) The application for a refund for the remaining portion of the vehicle license fee for a total loss vehicle shall be received by the department within three (3) years after the date the vehicle license fees were paid.
NOTE
Authority cited: Section 10902, Revenue and Taxation Code; and Section 1651, Vehicle Code. Reference: Sections 9868, 11515 and 11515.2, Vehicle Code; and Section 10902, Revenue and Taxation Code.
HISTORY
1. Change without regulatory effect renumbering former section 205.04 to section 155.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Editorial correction of subsection (b)(7) (Register 95, No. 43).
3. Editorial correction reinstating inadvertently omitted section (Register 2003, No. 27).
4. Amendment of section and Note filed 9-2-2004; operative 10-2-2004 (Register 2004, No. 36).
§155.05. Application for Salvage Certificates.
Note • History
(a) In addition to the requirements specified in Sections 11515 and 11515.1(a) of the Vehicle Code to obtain a salvage certificate for a total loss vehicle, an Application for Salvage Certificate or Nonrepairable Vehicle Certificate, form REG 488C (REV. 8/2008) shall be submitted to the department and shall contain the following information entered in Section 1 on the form:
(1) The vehicle description, including the vehicle license plate number, make, year, vehicle identification number, the state of last known vehicle registration, and the date registration expires.
(2) The insurance claim number, if available.
(3) The cost/value of the vehicle as determined either by the insurance company's payoff or the purchase price from the previous owner.
(A) The cost/value shall not be required when the application is for a duplicate salvage certificate.
(4) The date the vehicle was wrecked or destroyed, when applicable.
(5) The date the vehicle was stolen, when applicable.
(6) The date the vehicle was recovered, if stolen.
(7) The applicant or authorized agent shall sign and date the form in Section 1 to certify that the described vehicle is a total loss salvage, that a properly endorsed certificate of ownership document or documents is attached, and to request the department issue a salvage certificate.
(A) If the properly endorsed certificate of ownership or other appropriate evidence of ownership document(s) cannot be secured, the following applies:
(i) Vehicles valued under five thousand dollars ($5,000) shall require a Statement of Facts, form REG 256 (REV. 1/2007) with Section G completed to explain why the title cannot be obtained and Section H signed and dated to certify or declare under penalty of perjury that the described vehicle identified in Section G is a total loss salvage and to request that the department issue a salvage certificate.
(ii) Vehicles valued at five thousand dollars ($5,000) and above shall require a surety bond pursuant to Section 4157 of the Vehicle Code. A surety bond is also required when settlement is made to the legal owner of a vehicle without the release of the registered owner unless repossession documentation is attached.
(iii) EXCEPTION: Following a total loss settlement, an insurance company, an occupational licensee of the department authorized by an insurance company or a salvage pool authorized by an insurance company, that has completed the requirements of Section 11515 of the Vehicle Code and completed the Unobtainable Title Certification for Issuance of a Salvage or Nonrepairable Certificate, form REG 492 (REV 2/2009), which is hereby incorporated by reference, shall submit the REG 492 form, along with the REG 488C form to request that the department issue a salvage certificate without a certificate of ownership or other appropriate evidence of ownership document(s).
(8) The name of the insurance company or applicant.
(9) The California Driver License or Identification Card number, if the applicant is an individual and not a business or an agent.
(10) The street address which shall include, but not be limited to, the following: the street number and name, city, state and zip code.
(A) The street address of the insurance company or applicant depending on who is completing the REG 488C form.
(11) If applicable, the authorized agent's printed name and occupational license number when the agent is licensed by the department.
(b) The License Plate Disposition Certification, Section 3 on the REG 488C form, shall be completed with Section 1 that requests a salvage certificate and shall contain the following:
(1) An indication by the applicant or an authorized agent that the license plates assigned to the vehicle are being surrendered, have been lost, have been destroyed by an occupational licensee, or are special plates retained by the owner.
(A) When the license plates are surrendered, the applicant shall indicate the number of plates surrendered.
(B) When the license plates were destroyed by an occupational licensee, the occupational license number shall be indicated.
(c) A statement signed and dated by the applicant or authorized agent that certifies or declares under penalty of perjury under the laws of the State of California that the information provided on the application is true and correct.
NOTE
Authority cited: Section 10902, Revenue and Taxation Code; and Section 1651, Vehicle Code. Reference: Sections 2015.5, Code of Civil Procedure; Sections 9868, 11515 and 11515.1, Vehicle Code; and Section 10902, Revenue and Taxation Code.
HISTORY
1. New section filed 9-2-2004; operative 10-2-2004 (Register 2004, No. 36).
2. Amendment of section heading, section and Note filed 12-15-2009; operative 1-14-2010 (Register 2009, No. 51).
§155.06. Surrender of License Plates. [Repealed]
Note • History
NOTE
Authority cited: Section 10902, Revenue and Taxation Code. Reference: Section 10902, Revenue and Taxation Code.
HISTORY
1. Change without regulatory effect renumbering former section 205.06 to section 155.06 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Repealer filed 9-2-2004; operative 10-2-2004 (Register 2004, No. 36).
§155.07. Application for Nonrepairable Vehicle Certificate.
Note • History
(a) In addition to the requirements specified in Sections 11515, 11515.1(b) and 11515.2 of the Vehicle Code to obtain a nonrepairable vehicle certificate for a vehicle, an Application for Salvage Certificate or Nonrepairable Vehicle Certificate, form REG 488C (REV. 8/2008) shall be submitted to the department and shall contain the following information entered in Section 2 on the form:
(1) The vehicle description, including the vehicle license plate number, make, year, vehicle identification number, the state of last known vehicle registration, and the date registration expires.
(2) The insurance claim number, if available.
(3) The cost/value of the vehicle as determined either by the insurance company's payoff or the purchase price from the previous owner.
(A) The cost/value shall not be required when the application is for a duplicate nonrepairable vehicle certificate.
(4) The date the vehicle was wrecked or destroyed, when applicable.
(5) The date the vehicle was stolen, when applicable.
(6) The date the vehicle was recovered, if stolen.
(7) An indication of whether the nonrepairable condition pursuant to Vehicle Code section 431 was due to a surgical strip, a burned hulk or declared nonrepairable by the owner.
(8) The applicant or authorized agent shall sign and date the form in Section 2 to certify that the described vehicle is a nonrepairable vehicle, that a properly endorsed certificate of ownership document or document(s) is attached, and to request the department issue a nonrepairable vehicle certificate.
(A) If the properly endorsed certificate of ownership document or documents cannot be secured, the following applies:
(i) Vehicles valued under five thousand dollars $5,000 shall require a Statement of Facts, form REG 256 (REV. 1/2007) with Section G completed to explain why the title cannot be obtained and Section H signed and dated to certify or declare under penalty of perjury that the described vehicle identified in Section G is a nonrepairable vehicle and request the department issue a nonrepairable vehicle certificate.
(ii) Vehicles valued at five thousand dollars $5,000 and above shall require a surety bond pursuant to Section 4157 of the Vehicle Code. A surety bond is also required when settlement is made to the legal owner of a vehicle without the release of the registered owner unless repossession documentation is attached.
(iii) EXCEPTION: Following a total loss settlement, an insurance company, an occupational licensee of the department authorized by an insurance company or a salvage pool authorized by an insurance company, that has completed the requirements of Section 11515.2 of the Vehicle Code and completed the Unobtainable Title Certification for Issuance of a Salvage or Nonrepairable Certificate, Form REG 492 (Rev. 2/2009), which is hereby incorporated by reference, shall submit the REG 492 form, along with the REG 488C form to request that the department issue a nonrepairable vehicle certificate without a certificate of ownership or other appropriate evidence of ownership document(s).
(9) The name of the insurance company or applicant.
(10) The California Driver License or Identification Card number, if the applicant is an individual and not a business or an authorized agent.
(11) The street address which shall include, but not be limited to, the following: the street number and name, city, state and zip code.
(A) The street address of the insurance company or applicant depending on who is completing the REG 488C form.
(12) If applicable, the authorized agent's printed name and occupational license number when the agent is licensed by the department.
(b) The License Plate Disposition Certification, Section 3 on the REG 488C form shall be completed with Section 2 that requests a nonrepairable vehicle certificate and shall contain the following:
(1) An indication by the applicant or an authorized agent that the license plates assigned to the vehicle are being surrendered, have been lost, have been destroyed by an occupational licensee, or are special plates retained by the owner.
(A) When the license plates are surrendered, the applicant shall indicate the number of plates surrendered.
(B) When the license plates were destroyed by an occupational licensee, the occupational license number of the occupational licensee shall be indicated.
(c) A statement signed and dated by the applicant or authorized agent that certifies or declares under penalty of perjury under the laws of the State of California that the information provided on the application is true and correct.
NOTE
Authority cited: Section 1651, Vehicle Code; and Section 10902, Revenue and Taxation Code. Reference: Section 2015.5, Code of Civil Procedure; Sections 9868, 11515, 11515.1 and 11515.2, Vehicle Code; Section 10902, Revenue and Taxation Code.
HISTORY
1. New section filed 12-15-2009; operative 1-14-2010 (Register 2009, No. 51).
§155.08. Vehicle License Fee Refund Calculations.
Note • History
(a) The amount of the vehicle license fee refunded for an unrecovered or constructive total loss or nonrepairable vehicle shall be based on one-twelfth of the annual vehicle license fee for each full month that remains until the vehicle registration expires.
(1) The number of full months remaining shall be calculated from the date of loss of the vehicle through the registration expiration date. A portion of each full month that remains until registration expires shall not be considered a full month when calculating the number of remaining months.
(b) An administrative fee pursuant to Vehicle Code section 11515.2(d) shall be deducted from the refund amount.
NOTE
Authority cited: Section 10902, Revenue and Taxation Code; and Section 1651, Vehicle Code. Reference: Sections 9868 and 11515.2, Vehicle Code; and Section 10902, Revenue and Taxation Code.
HISTORY
1. Change without regulatory effect renumbering former section 205.08 to section 155.08 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of section and Note filed 9-2-2004; operative 10-2-2004 (Register 2004, No. 36).
§155.10. Repayment of the Refunded Vehicle License Fee.
Note • History
(a) When a refund is received for an unrecovered total loss vehicle which is subsequently recovered in the same registration year for which the refund was received, the current owner shall return the amount of the vehicle license fee refunded per section 155.08(a) of these regulations.
(1) When the repayment is not received by the department prior to the subsequent renewal of the registration, the renewal fees will include the amount of the vehicle license fee refunded per section 155.08(a) of these regulations.
(b) When a refund is received for a constructive total loss vehicle which is subsequently repaired and registered in the same registration year for which the refund was received, the registration fees shall include the amount of the vehicle license fee refunded per section 155.08(a) of these regulations.
NOTE
Authority cited: Section 10902, Revenue and Taxation Code; and Section 1651, Vehicle Code. Reference: Sections 9868, 11515 and 11515.2, Vehicle code; and Section 10902, Revenue and Taxation Code.
HISTORY
1. Change without regulatory effect renumbering former section 205.10 to section 155.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of section and Note filed 9-2-2004; operative 10-2-2004 (Register 2004, No. 36).
§156.00. Clean Air Vehicle Decals.
Note • History
(a) Applicants for Clean Air Vehicle Decals shall complete an Application for Clean Air Vehicle Decals, Form REG 1000 (REV. 8/2011), which is hereby incorporated by reference, and available at all field offices and on the Internet at www.dmv.ca.gov.
(b) Only vehicles that meet both the Federal Inherently Low Emission Vehicle standards [as defined in Part 88 (commencing with Section 88.311-93) of Title 40 of the Code of Federal Regulations] and the California Ultra-Low Emission Vehicle (ULEV) or Super Ultra-Low Emission Vehicle (SULEV) standards, [as defined in Title 13, Section 1960.1, of the California Code of Regulations], or vehicles that meet California's Enhanced Advanced Technology Partial Zero Emission Vehicle (Enhanced AT PZEV) or plug-in hybrid (PHEV) standards or hybrid vehicles including hydrogen internal combustion engine (hydrogen ICE) vehicles, as listed on the Air Resources Board (ARB)'s Internet website at www.arb.ca.gov/msprog/carpool/carpool.htm, are eligible for Clean Air Vehicle Decals and must be powered by one of the following:
(1) Electric (E);
(2) Liquid Petroleum Gas [LPG] (P);
(3) Compressed Natural Gas [CNG] (N);
(4) Hydrogen;
(5) Methanol Fuel Cell.
(c) If the applicant's vehicle(s) does not appear on the ARB's list of eligible vehicles, the application shall be refused, and if necessary, the department shall refer the applicant to the ARB's Internet website or toll free telephone number (800) 242-4450, for assistance. A certification from the ARB verifying the vehicle meets the emission standards as set forth in subdivision (b) will be required by the department before decals may be issued.
(1) Vehicles converted by means of “aftermarket” kits to 100% electric power to meet the decal qualification shall be referred to ARB's toll free telephone number to obtain an ARB certification before decals may be issued.
(d) Registered owners who have a fleet of like vehicles may submit one application for the entire fleet.
(1) A list shall be attached to the application, which identifies each vehicle by:
(A) Vehicle Identification Number;
(B) License Plate Number;
(C) Make;
(D) Model and year.
(2) “Like” vehicles are those vehicles that are powered by the same energy source.
(e) If the application is incomplete or deficient, the department shall notify an applicant, in writing, within 30 days of receipt of the application.
(1) An application is considered deficient when the applicable requirements of these regulations are not fulfilled.
(A) When an application is determined to be deficient, the department shall identify the specific requirement(s) needed to complete the application.
(2) An application is considered complete when the applicable requirements of these regulations have been fulfilled.
(A) When an application is determined to be complete, a set of decals shall be issued.
(f) An $8.00 application fee for each set of Clean Air Vehicle Decals requested and the completed application(s) as set forth in subdivision (c)(1), along with a list as set forth in subdivision (d)(1), if applicable, shall be mailed to:
SPECIAL PROCESSING UNIT - MS D238
DEPARTMENT OF MOTOR VEHICLES
P.O. BOX 932345
SACRAMENTO, CA 94232-3450
or delivered to any department field office.
(g) Number, color and placement of the Clean Air Vehicle Decals shall be as follows:
(1) For vehicles meeting ULEV, SULEV, or ZEV standards, as described in paragraph (b), the decals shall be of white material, issued to each vehicle in sets of three. The two larger decals shall be affixed on each vehicle's rear quarter panels, one on each side of the vehicle, behind the wheel wells, with the State Seal in the up position. The smaller decal in the set shall be affixed to the right side of the vehicle's rear bumper, with the State Seal in the up position.
(2) For vehicles meeting Enhanced AT PZEV standards, as described in paragraph (b), the decals shall be of green material, issued to each vehicle in sets of four. The two larger decals shall be affixed on each vehicle's rear quarter panels, one on each side of the vehicle, behind the wheel wells, with the State Seal in the up position. The two smaller decals in the set shall be affixed to the right sides of the vehicle's front and rear bumpers, with the State Seal in the up position.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 5205.5 and 21655.9, Vehicle Code.
HISTORY
1. New section filed 2-19-2002; operative 3-21-2002 (Register 2002, No. 8).
2. Amendment of subsections (a) and (b), new subsections (c)-(c)(1), subsection relettering and amendment of newly designated subsection (d)(1)(D) filed 7-7-2004; operative 8-6-2004 (Register 2004, No. 28).
3. Amendment of section heading and section filed 3-24-2006; operative 4-23-2006 (Register 2006, No. 12).
4. Change without regulatory effect amending subsection (a) and Form REG 1000 (incorporated by reference) filed 7-25-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 30).
5. Change without regulatory effect amending subsection (g)(2) filed 10-23-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 43).
6. Change without regulatory effect amending subsections (a) and (b) and repealing subsections (b)(4) and (g)(2) filed 7-1-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 26).
7. Amendment of section heading and subsections (a)-(b), new subsections (b)(4)-(5), amendment of subsections (c)-(c)(1), (e)(2)(A), (f), (g) and (g)(1) and new subsection (g)(2) filed 9-25-2012; operative 10-25-2012 (Register 2012, No. 39).
§156.01. Clean Air Vehicle Decals: Transfers and Replacements.
Note • History
(a) Clean Air Vehicle Decals shall remain with the qualifying vehicle for which they were originally issued, regardless of changes in ownership.
(b) A new Clean Air Vehicle certification document (i.e., “Clean Air Certificate,” issued with each set of Clean Air Vehicle Decals) shall be made available for subsequent (i.e., transfer) purchasers of qualifying vehicles to which Clean Air Vehicle Decals have been issued. The department shall issue a new Certificate which shall retain the vehicle description while providing the new ownership information.
(c) Clean Air Vehicle Decals shall be made available for issuance in complete sets as replacements for Clean Air Vehicle Decals that are damaged, destroyed, stolen or not received, provided that such replacement decals are issued to the same vehicle to which Clean Air Vehicle Decals were originally issued.
(d) Applicants for replacement Clean Air Vehicle Decals or a replacement Clean Air Certificate shall complete an Application for Clean Air Vehicle Decals, Form REG 1000 (Rev. 8/2011), which is hereby incorporated by reference and made available to the public at all field offices and on the department's internet website at www.dmv.ca.gov. The applicant shall sign the application under penalty of perjury under the laws of the State of California.
(e) An acceptable Application for Clean Air Vehicle Decals, form REG 1000, herein after referred to as “application,” requesting replacement decals shall contain a check mark in the box labeled “Replacement decal” and a check mark in one of the boxes indicating the reason a replacement is needed.
(1) An acceptable application requesting replacement Clean Air Vehicle Decals that are declared “stolen” shall include a copy of the police report that was created by the responding law enforcement agency to which the stolen decals were reported.
(2) An acceptable application requesting replacement Clean Air Vehicle Decals which have been declared “lost”, “not received”, “damaged,” or “destroyed,” shall complete the vehicle information portion and Section E -- Statement of Facts portion of the REG 1000 (Rev. 8/2011), which is hereby incorporated by reference and available to the public at all field offices and on the department's internet website at www.dmv.ca.gov. The applicant shall provide an explanation as to how the decals were lost, not received, damaged or destroyed.
(3) An acceptable application requesting a new Clean Air Certificate only, due to the applicant acquiring a qualified vehicle through transfer, shall contain the word “transfer” or other words to indicate a transfer has taken place, in the space provided under the box marked “Other.”
(f) Any and all remaining Clean Air Vehicle Decals previously assigned to a vehicle shall be removed and surrendered to the department, either at a department field office or by mail to the address identified in subsection (g) of this section, before replacement decals are affixed to the vehicle.
(g) An $8.00 fee for each replacement set of Clean Air Vehicle Decals and the completed application shall be mailed to:
SPECIAL PROCESSING UNIT -- MS D 238
DEPARTMENT OF MOTOR VEHICLES
P.O. BOX 932345
SACRAMENTO, CA 94232-3450
or delivered to any department field office. There is no fee for an applicant requesting a Clean Air Certificate only.
(1) The $8.00 fee will not be required of an applicant who indicates on the application that the original decals were never received.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 5205.5 and 21655.9, Vehicle Code.
HISTORY
1. New section filed 6-16-2008; operative 7-16-2008 (Register 2008, No. 25).
2. Change without regulatory effect amending subsections (d) and (e)(2) filed 7-1-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 26).
3. Amendment of section heading and section filed 9-25-2012; operative 10-25-2012 (Register 2012, No. 39).
§157.00. Firefighting Vehicles.
Note • History
(a) A firefighting vehicle is defined as any vehicle that contains firefighting apparatus and equipment which is designed and intended primarily for firefighting. The following privately owned vehicles, when operated upon a highway only in responding to, and returning from, emergency fire calls, qualify as firefighting vehicles and are exempt from registration:
(1) Fire trucks equipped with hose and ladders.
(2) Fire engines.
(3) Other vehicles permanently equipped with firefighting apparatus and equipment.
(4) A tank truck operated solely in conjunction with a fire truck, fire engine or other self propelled firefighting apparatus.
(b) Privately owned vehicles or a combination of vehicles, which are not designed primarily for firefighting, including hazardous materials response vehicles, dedicated rescue vehicles, command post communications vehicles, passenger vehicles, buses, mobile kitchens, mobile sanitation facilities, and heavy equipment transport vehicles, do not qualify as firefighting vehicles as defined under subdivision (a) of this section.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 8589.10(c), Government Code; and Section 4015, Vehicle Code.
HISTORY
1. New section filed 4-17-2003; operative 5-17-2003 (Register 2003, No. 16).
§158.00. Zero Emission Vehicle Parking Decal. [Repealed]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 22511 and 22511.1, Vehicle Code.
HISTORY
1. New section filed 10-10-2003; operative 11-9-2003 (Register 2003, No. 41).
2. Change without regulatory effect repealing section filed 2-13-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 7).
§159.00. Vehicle Classification.
Note • History
(a) After determining the cost price to the purchaser, the department shall classify or reclassify every vehicle, other than a trailer or semi-trailer described in subdivision (a) of Section 5014.1 of the Vehicle Code, in its proper class according to the classification plan set forth in this section.
(b) For the purpose of this section, a classification plan is established consisting of the following classes: a class from zero dollars ($0) to and including forty-nine and ninety-nine cents ($49.99); a class from fifty dollars ($50) to and including one hundred ninety-nine dollars and ninety-nine cents ($199.99); and thereafter a series of classes successively set up in brackets having a spread of two hundred dollars ($200), consisting of a number of classes that will permit classification of all vehicles.
(c) The market value of a vehicle, other than a trailer or semi-trailer as described in subdivision (a) of Section 5014.1 of the Vehicle Code, for each registration year, starting with the year the vehicle was first sold to a consumer as a new vehicle, or the year the vehicle was first purchased or assembled by the person applying for original registration in this state, or the year the vehicle was sold to the current registered owner as a used vehicle, shall be as follows: for the first year, 100 percent of a sum equal to the middle point between the extremes of its class as established in subdivision (b); for the second year, 90 percent of that sum; for the third year, 80 percent of that sum; for the fourth year, 70 percent of that sum, for the fifth year, 60 percent of that sum; for the sixth year, 50 percent of that sum; for the seventh year, 40 percent of that sum; for the eighth year, 30 percent of that sum; for the ninth year, 25 percent of that sum; and for the 10th year, 20 percent of that sum; and for the 11th year and each succeeding year, 15 percent of that sum; provided, however, that the minimum tax shall be the sum of one dollar ($1). Notwithstanding this subdivision, the market value of a trailer coach first sold on and after January 1, 1966, which is required to be moved under permit as authorized in Section 35790 of the Vehicle Code, shall be determined by the schedule in Section 10753.3 of the Revenue and Taxation Code.
NOTE
Authority cited: Section 1651, Vehicle Code; and Section 10752, Revenue and Taxation Code. Reference: Section 5014.1, Vehicle Code; and Sections 10751, 10752, 10752.1, 10753 and 10754, Revenue and Taxation Code.
HISTORY
1. New section filed 3-1-2004 as an emergency; operative 3-1-2004 (Register 2004, No. 10). A Certificate of Compliance must be transmitted to OAL by 6-29-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-1-2004 order transmitted to OAL 6-16-2004 and filed 7-21-2004 (Register 2004, No. 30).
§159.10. Window Decal for Vehicles with a Wheelchair Lift or Wheelchair Carrier.
Note • History
(a) Applicants for a Window Decal shall complete Sections D and H of a Miscellaneous Statements of Fact (REG 256, REV. 2/2004), which is available at all field offices and on the Internet at www.dmv.ca.gov, as follows:
(1) The disabled person plate, disabled veteran plate, or disabled person placard number.
(2) The license number, vehicle make, and vehicle identification number of the vehicle to which the decal will be affixed.
(3) The name and address where the decal is to be mailed.
(4) A signature certifying under penalty of perjury under the laws of the State of California that the information provided is true and correct.
(5) The date the form was signed.
(6) Daytime phone number.
(b) A decal bearing a vehicle's license plate number will be issued, at no charge, to vehicles equipped with a wheelchair lift or wheelchair carrier, which obstructs the view of the vehicle's rear license plate. To qualify for the decal, the applicant must have been issued one of the following:
(1) A disabled person license plate under Vehicle Code Section 5007;
(2) A disabled veteran license plate under Vehicle Code Section 5007;
(3) A disabled person permanent placard under Vehicle Code Section 22511.55.
(c) A completed Miscellaneous Statements of Fact form shall be mailed to:
SPECIAL PROCESSING UNIT -- MS D238
DEPARTMENT OF MOTOR VEHICLES
P.O. BOX 932345
SACRAMENTO, CA 94232-3450
Or delivered to any field office.
NOTE
Authority cited: Sections 1651 and 5201, Vehicle Code. Reference: Sections 1652 and 5201, Vehicle Code.
HISTORY
1. New section filed 5-3-2005; operative 6-2-2005 (Register 2005, No. 18).
Article 3.1. Special Interest License Plates
§160.00. Applications and Fees for Special Interest License Plates.
Note • History
(a) Sponsors of special interest license plates shall establish an account in a federally insured financial institution for the deposit of the funds collected for the required number applications, as specified in Vehicle Code Section 5060(d)(1), for the special interest license plates.
(b) Sponsors shall submit monthly reports to the department indicating:
(1) Number of applications for special interest license plates received in the reporting month, by type (sequential/Environmental License Plate);
(2) Amount of fees collected in the reporting month, by type (sequential/ELP);
(3) Total number of applications and total amount of fees collected to date.
(c) Sponsors shall submit the required number of applications, as specified in Vehicle Code Section 5060(d)(1), for the initial issuance of special interest license plates to the department, with a summary of the monthly reports for audit purposes.
(d) The required number of initial applications, as specified in Vehicle Code Section 5060(d)(1), for special interest license plates shall be submitted to the department with the associated fees collected by the sponsoring organization:
(1) The fees shall be submitted to the department in the form of one check payable in an amount equal to the fees due;
(2) The check shall be made payable in United States funds to the Department of Motor Vehicles;
(3) The check shall be currently dated and signed by the person(s) designated as signatory(ies) for the account;
(4) The check shall be drawn on a California financial institution.
(e) Applications for the initial number of special interest license plates, as specified in Vehicle Code Section 5060(d)(1), which are submitted to the department with more than one check will be returned, unprocessed, to the sponsor.
(f) Sponsors shall submit an annual report to the department as specified in Vehicle Code Section 5060(h).
NOTE
Authority cited: Sections 1651 and 5110(a), Vehicle Code. Reference: Section 5060, Vehicle Code.
HISTORY
1. Amendment of article 3.1 heading and new section filed 5-19-99; operative 6-18-99 (Register 99, No. 21).
2. Amendment of section and Note filed 2-5-2002; operative 3-7-2002 (Register 2002, No. 6).
ENVIRONMENTAL LICENSE PLATES
§170.00. Information Required on a Special Interest/Environmental License Plate Application.
Note • History
(a) An application for special interest/environmental license plates, as defined in Sections 5060 and 5103 of the Vehicle Code, shall be submitted in person or by mail to the department on a Special Interest License Plate Application, Form REG 17 (Rev. 7/2000), provided by the department and available on the Internet at www.dmv.ca.gov.
(1) If the application is made in person, it shall be made to any department location which processes vehicle registrations.
(2) If the application is made by mail, it shall be sent to the Department of Motor Vehicles, P.O. Box 932345, Sacramento, CA 94232-3450, or to any department location which processes vehicle registrations.
(3) Another department-approved version of this form with a different revision date shall be acceptable if the content of the form is in substantial compliance with the requirements of this section.
(b) The application shall be accompanied by the applicable fee specified in Sections 4850, 5106 and 5108 of the Vehicle Code; the fee schedule is on the back of the form.
(c) The application shall include the following information:
(1) An indication of whether the application is for original plates, for replacement plates or to reassign, hold or release current plates.
(2) The purchaser's or plate owner's true full name.
(3) The mailing address of the person who will be the plate owner.
(4) The name of the recipient, if the plates are a gift.
(5) An indication of whether the license plates will be assigned to an auto, truck, trailer, or motorcycle, and the type of plate ordered.
(6) The location of the department or auto club office where the special interest/environmental license plates will be picked up or exchanged for the current license plates and registration, if the license plates will not be mailed.
(7) The applicant's first, second, and third choices of the configuration of letters and numbers to appear on the license plates and the meaning of each.
(A) The configuration shall comply with the specifications of Section 5105 of the Vehicle Code.
(B) When a desired configuration is not available, a letter shall not be substituted for a number, nor shall a number be substituted for a letter, to create another configuration of a similar appearance.
(C) The number zero shall not be used in the configuration.
(D) The department shall refuse any configuration that may carry connotations offensive to good taste and decency, or which would be misleading, based on criteria which includes, but is not limited to, the following:
1. The configuration has a sexual connotation or is a term of lust or depravity.
2. The configuration is a vulgar term; a term of contempt, prejudice, or hostility; an insulting or degrading term; a racially degrading term; or an ethnically degrading term.
3. The configuration is a swear word or term considered profane, obscene, or repulsive.
4. The configuration has a negative connotation to a specific group.
5. The configuration misrepresents a law enforcement entity.
6. The configuration has been deleted from regular series license plates.
7. The configuration is a foreign or slang word or term, or is a phonetic spelling or mirror image of a word or term falling into the categories described in subdivisions 1. through 6. above.
(8) If the plate is reassigned, held for future use or relinquished, complete the appropriate information as required:
(A) The special interest license plate number.
(B) The Vehicle Identification Number (VIN) of the vehicle the plate was taken from.
(C) If reassigned, the current license plate number of the vehicle it will be on and that vehicle's VIN
(D) An indication if the plate is being reserved for future use.
(E) An indication of release of interest in the plate.
(9) If the application is for replacement of lost, stolen or mutilated plates indicate whether one or two plates are needed.
(10) A statement signed by the purchaser certifying under penalty of perjury under the laws of the State of California that the purchaser has provided true and correct information.
(11) The date the application is signed.
(12) The purchaser's daytime telephone number.
(13) If the plate is being purchased as a gift, the plate owner specified in subdivision (c)(4), of this regulation, shall be the recipient, and the purchaser specified in subdivisions (c)(2), (10), and (12), of this regulation, shall be the applicant.
(d) The department shall not honor a request for a change of choice or spacing in the letter/number configuration, or a request for a refund, after the license plate reservation is made, unless the request is due to departmental error.
(1) If the department erred when making the special interest/environmental license plate reservation, and the plate owner requests a change, the plate owner shall be permitted to submit a new special interest/environmental license plates application without payment of additional fees.
(2) If the department did not err when making the reservation, a new application and application fees shall be submitted for any change in the configuration.
NOTE
Authority cited: Sections 1651, 1652 and 5110, Vehicle Code. Reference: Sections 4850, 5060, 5101, 5102, 5103, 5105, 5106, 5108 and 5109, Vehicle Code.
HISTORY
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
2. Amendment of section heading, section and Note filed 2-5-2002; operative 3-7-2002 (Register 2002, No. 6).
3. Editorial correction of subsection (c)(7)(D)7. (Register 2002, No. 23).
§170.02. Assignment of Environmental License Plates to Leased or Company Vehicle.
Note • History
(a) If the applicant is the lessee of the vehicle to which the environmental license plates are to be assigned but the registration certificate does not show the applicant's name as the lessee, a statement of facts authorizing the use of the environmental license plates on the vehicle shall be required from the leasing company.
(b) If the environmental license plates are to be assigned to a company vehicle, a statements of facts authorizing the use of the environmental license plates on the vehicle shall be required from the company.
NOTE
Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Sections 5101, 5104 and 5105, Vehicle Code.
HISTORY
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§170.04. Receipt of Environmental License Plates as a Gift.
Note • History
(a) A statement of facts shall be required when the plates were ordered as a gift and the purchaser's name was incorrectly listed as the plate owner.
(1) The statement of facts shall indicate that the plates are a gift to the registered owner or lessee of the vehicle to which the plates will be assigned and that no money changed hands.
(2) The statement of facts shall be completed either by the original applicant or the recipient.
NOTE
Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Sections 5101, 5104 and 5105, Vehicle Code.
HISTORY
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§170.06. Surrender of Current Plates.
Note • History
(a) When application for environmental license plates is made for a currently registered vehicle, and the vehicle to which the plates will be assigned is known, the current plates shall be surrendered to the department at the time of application, with the following exception:
(1) If the current plates are not available, the applicant shall complete a statement of facts.
(A) The statement of facts shall state that the applicant understands that the current plates are no longer valid and the applicant will destroy the plates.
1. The plates shall be considered destroyed when they are mutilated in a manner which renders them useless.
(b) When the vehicle to which the plates will be assigned is unknown at the time of application, the current plates and registration certificate shall be surrendered when the environmental license plates are picked up and assigned to the vehicle, with the following exception:
(1) If the current plates are not available, the applicant shall complete a statement of facts.
(A) The statement of facts shall state that the applicant understands that the current plates are no longer valid and the applicant will destroy the plates.
1. The plates shall be considered destroyed when they are mutilated in a manner which renders them useless.
NOTE
Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Sections 5101 and 5105, Vehicle Code.
HISTORY
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§170.08. Delivery of Environmental License Plates.
Note • History
(a) When the vehicle to which the plates will be assigned is known and the registration documents are furnished at the time of application, the department shall mail the plates to the plate owner.
(b) When the vehicle to which the plates will be assigned is unknown or the registration documents are not furnished at the time of application, the department shall notify the plate owner when the plates have been delivered to the designated office.
(1) The department shall make three attempts by telephone or mail to contact the plate owner to pick up the plates and assign them to a vehicle.
(A) If the owner does not respond within four months of the first contact attempt, the department shall notify the owner in writing that priority to the plates will be lost in 30 days and the plates will be destroyed.
NOTE
Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Sections 5104 and 5105, Vehicle Code.
HISTORY
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§170.10. Retention of Environmental License Plates.
Note • History
(a) When payment of registration renewal fees is not required as specified in Vehicle Code Section 4000 for a vehicle to which the environmental license plate was last assigned, the environmental license plate owner shall be permitted to retain the plate upon payment of an annual retention fee of $25, as specified in Vehicle Code Section 5106(c).
(1) If the annual retention fee is not paid by the expiration of the registration year for which payment of registration renewal fees is not required, the plate owner shall lose ownership and the letter/number configuration shall become available for reassignment.
NOTE
Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Sections 5105 and 5106, Vehicle Code.
HISTORY
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§170.12. Cancellation of Environmental License Plates.
Note • History
(a) Pursuant to Vehicle Code Section 5105, the department shall cancel and order the return of any environmental license plate previously issued which contains any configuration of letters and/or numbers which the department later determines may carry connotations offensive to good taste and decency.
(1) The department shall base this determination on the criteria specified in Section 170.00(c)(3)(D).
(b) The department shall notify the plate owner in writing of the cancellation and advise the plate owner of the options available for further action, as specified in Vehicle Code Section 5105(b).
(1) Pursuant to Vehicle Code Section 5105(b), the plate owner shall be entitled to a hearing by submitting a written request to the department no later than ten departmental business days after receiving the notification.
NOTE
Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Section 5105, Vehicle Code.
HISTORY
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
FORMER PRISONER OF WAR PLATES
§171.00. Requirements for Former Prisoner of War License Plates.
Note • History
(a) To be eligible for former Prisoner of War license plates, the applicant for plate ownership must meet the definition of a former prisoner of war as described in Section 324.5 of the Vehicle Code.
(b) In addition to the requirements specified in Sections 170.00 through 170.08 for environmental license plates, the applicant shall present proof of the registered owner's or lessee's eligibility for a former Prisoner of War license plate by submitting to the department one of the following documents:
(1) A letter of verification from the National Personnel Records Center showing the registered owner's or lessee's name and establishing that the registered owner or lessee was held a prisoner of war by forces hostile to the United States during a period of armed conflict.
(2) An official document which substantiates that the registered owner or lessee was a prisoner of war, such as a Veterans Administration Hospital Card marked “POW” or military discharge papers which declare the bearer to be an ex-prisoner of war.
(c) The evidence submitted to the department shall be returned to the applicant.
(d) The configuration specified in Section 170.00(c)(3) shall meet the specifications of Vehicle Code Section 5101.5.
NOTE
Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Sections 324.5, 5101.5, 5106 and 5108, Vehicle Code.
HISTORY
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§171.02. Number of Prisoner of War License Plate Sets.
Note • History
(a) Upon application, submission of eligibility proof, and payment of fees specified in Section 170.00(b), additional sets of Prisoner of War license plates, each set bearing a different configuration, shall be issued for each vehicle owned or leased by the former prisoner of war.
NOTE
Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Section 5101.5, Vehicle Code.
HISTORY
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§171.04. Surrender of Prisoner of War License Plates upon Death. [Repealed]
Note • History
NOTE
Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Section 5101.5, Vehicle Code.
HISTORY
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
2. Change without regulatory effect repealing section filed 7-29-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 31).
PRESS PHOTOGRAPHER LICENSE PLATES
Note • History
(a) A press photographer is a person who is regularly employed or engaged as:
(1) A newspaper photographer or cameraman.
(2) A newsreel photographer or cameraman.
(3) A television photographer or cameraman.
(4) A newsmagazine photographer or cameraman.
(5) A news gathering company photographer or cameraman.
(b) Regularly employed means full time employment (with the principal assignment as a photographer or cameraman) by:
(1) A newspaper.
(2) A newsmagazine.
(3) A news gathering company.
(4) A newsreel company.
(5) A television station.
(6) A company taking pictures for newspapers, newsmagazines, news gathering companies, for newsreels, or for presentation on television.
(c) Regularly engaged means devoting more than 50 percent of employment time or deriving more than 50 percent of personal income from taking pictures for newspapers, newsmagazines, news gathering companies, for newsreels, or for television.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 5008, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 210.00 to section 172.10 and adding article 3.1 heading filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
(a) Application for press photographer license plates shall be completed upon an appropriate form provided by the department.
(b) Proof that an applicant is a press photographer as defined herein shall consist of:
(1) The applicant's certification to that effect.
(2) The name and address of the newspaper, newsmagazine, news gathering company, newsreel company, television station, or company taking pictures for presentation on television he is employed by or to which he sells pictures or his services.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 5008, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 210.05 to section 172.05 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
(a) Press photographer license plates may be issued to not more than one motor vehicle registered (either solely or jointly with one or more owners) to a person who is a press photographer as defined herein.
(b) The press photographer license plates issued to a motor vehicle shall be surrendered to the Department of Motor Vehicles immediately when
(1) The press photographer owner ceases to be a press photographer as defined herein.
(2) The vehicle is transferred from the registered ownership of the press photographer.
(c) Press photographer license plates shall be used only on the motor vehicle to which they have been assigned by the Department of Motor Vehicles.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 5008, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 210.10 to section 172.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§172.15. Display of Validating Stickers.
Note • History
NOTE
Authority cited: Sections 1651 and 5205, Vehicle Code. Reference: Sections 4457 and 5204, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 210.15 to section 172.15 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Repealer filed 9-6-96; operative 10-6-96 (Register 96, No. 36).
LEGION OF VALOR AND PURPLE HEART LICENSE PLATES
§173.00. Application Requirements for Legion of Valor License Plates or Purple Heart License Plates.
Note • History
(a) An application for Legion of Valor license plates or Purple Heart license plates for a vehicle currently registered in California shall be submitted to the department on a Special License Plate Application, Form REG. 583 (12/91), provided by the department and shall include the following information:
(1) The vehicle identification number of the vehicle which will be assigned Legion of Valor or Purple Heart license plates.
(2) The make of the vehicle which will be assigned Legion of Valor or Purple Heart license plates.
(3) The current license plate number of the vehicle to which the Legion of Valor or Purple Heart license plates will be assigned.
(4) The true full name of the registered owner of the vehicle which will be assigned Legion of Valor or Purple Heart license plates.
(A) To be eligible for a Legion of Valor license plate, the registered owner must be the recipient of one or more of the following medals: Army Medal of Honor, Navy Medal of Honor, Air Force Medal of Honor, Army Distinguished Service Cross, Navy Cross or Air Force Cross.
(B) To be eligible for a Purple Heart license plate, the registered owner must be a recipient of a Purple Heart.
(5) The address of the registered owner.
(6) A statement signed and dated by the registered owner certifying under penalty of perjury under the laws of the State of California that all the information entered on the application by the registered owner is true and correct.
(7) The registered owner's daytime telephone number.
(8) An indication of whether the vehicle to which the Legion of Valor license plates will be assigned is classified as auto/commercial or trailer.
(A) Legion of Valor license plates shall not be assigned to motorcycles.
(9) An indication of whether the vehicle to which the Purple Heart license plate will be assigned is classified as auto/commercial, motorcycle, or trailer.
(10) An indication that the type of plates requested are Legion of Valor or Purple Heart license plates.
(b) The application shall be submitted with:
(1) Proof of eligibility as specified in Section 173.02 for Legion of Valor license plates or Section 173.04 for Purple Heart license plates.
(2) The fee required by Section 5101.4 of the Vehicle Code for Legion of Valor license plates; or
(3) In addition to the regular fees for an original or renewal registration, a fee of $36 for Purple Heart license plates, unless the recipient is exempt from the additional fees for one vehicle pursuant to Section 5101.8(d) of the Vehicle Code.
(4) The current registration certificate.
(c) The current plates shall be surrendered to the department at the time of application, with the following exception:
(1) If the current plates are not available, the applicant shall complete a statement of facts.
(A) The statement of facts shall state that the applicant understands that the current plates are no longer valid and the applicant will destroy the plates.
1. The plates shall be considered destroyed when they are mutilated in a manner which renders them useless.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 5101.4 and 5101.8, Vehicle Code.
HISTORY
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§173.02. Additional Requirement for Legion of Valor License Plate Application.
Note • History
(a) In addition to meeting the requirements specified in Section 173.00, the registered owner shall provide proof of eligibility by surrendering to the department a copy of one of the following documents, containing the medal recipient's name and type of medal awarded, which shall be retained by the department:
(1) Department of Defense form D.D. 214.
(2) A General Order issued by the Department of Defense.
(3) Correspondence with a letterhead from the Awards and Decorations Unit, Department of Defense, The Pentagon, Washington, D.C.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 5101.4, Vehicle Code.
HISTORY
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§173.04. Additional Requirement for Purple Heart License Plate Application.
Note • History
(a) In addition to meeting the requirements specified in Section 173.00, the registered owner shall provide proof of eligibility by surrendering to the department a copy of one of the following documents, containing the Purple Heart recipient's name, which shall be retained by the department.
(1) Orders awarding the Purple Heart.
(2) The applicant's service record or discharge papers showing receipt of the Purple Heart award.
(3) Certification from a Purple Heart organization.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 5101.8, Vehicle Code.
HISTORY
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§173.06. Number of Legion of Valor or Purple Heart License Plate Sets.
Note • History
(a) Upon application, submission of eligibility proof, and payment of the applicable fee specified in Section 173.00(b)(2) and (3), additional sets of Legion of Valor or Purple Heart license plates, each set bearing a different configuration, shall be issued for each vehicle owned by the medal or Purple Hear recipient, respectively, regardless of the number of awards received.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 5101.4 and 5101.8, Vehicle Code.
HISTORY
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§173.08. Surrender of Purple Heart License Plates upon Death.
Note • History
(a) Purple Heart license plates shall be surrendered to the department within 60 days of the death of the Purple Heart recipient.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 5101.8, Vehicle Code.
HISTORY
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§174.00. Requirements for Fire Fighter License Plates.
Note • History
(a) To be eligible for Fire Fighter license plates, the registered owner must be a fire fighter or retired fire fighter.
(b) In addition to the requirements specified in Sections 170.00 through 170.08 for environmental license plates, the applicant shall present proof of the registered owner's eligibility for Fire Fighter license plates by submitting to the department one of the following documents, containing the fire fighter's name:
(1) Applicant's fire department identification card; or
(2) Applicant's International Association of Fire Fighters membership card; or
(3) Applicant's California Professional Fire Fighters Callback Association membership card; or
(4) Written documentation from the California Professional Firefighters verifying the applicant's eligibility.
NOTE
Authority cited: Sections 1651 and 5110(a), Vehicle Code. Reference: Section 5101.2, Vehicle Code.
HISTORY
1. New section filed 6-10-99; operative 7-10-99 (Register 99, No. 24).
§180.00. Application for Regular Series License Plates for State-Owned University Vehicle.
Note • History
(a) In addition to the requirements for registration of a vehicle pursuant to Vehicle Code Section 4150 and 4150.2, the applicant for regular series license plates for a state-owned vehicle assigned to a university chancellor or president of the University of California or California State University, or one of their campuses, shall submit to the department a request for such plates. The request shall be completed on university letterhead and signed by the president, or his or her designee, of either the Trustees of the California State University or the Regents of the University of California, as applicable. The request shall identify the following:
(1) The chancellor or president to whom the vehicle will be assigned. Identification shall include the person's name, title, and driver license number and the name of the university system or campus of which the person is the president or chancellor.
(2) The vehicle to which the regular series license plates will be assigned.
(A) For original registrations, the vehicle identification shall include the make, model, vehicle identification number, and the date the vehicle was first sold by a manufacturer, remanufacturer or dealer to a consumer.
(B) For non-original registrations, the vehicle identification shall include the make, model, vehicle identification number, and vehicle license number.
(b) In addition to the request specified in subsection (a), when regular series license plates are ordered to replace exempt license plates, an Application for Duplicate or Substitute, Form REG 156 (Rev. 4/92), shall be completed and signed by the applicant to whom the vehicle is assigned. The Application for Duplicate or Substitute shall include:
(1) An indication that the type of substitute item being requested is a license plate.
(2) The vehicle license number, make, and vehicle identification number.
(3) An indication that the plates for which replacement is being requested are being surrendered to the department.
(4) A signed and dated certification under penalty of perjury under the laws of the State of California that the information provided is true and correct.
(5) The applicant's name, address and telephone number.
(c) When regular series license plates are ordered to replace exempt license plates, the exempt license plates shall be surrendered to the department at the time of application.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 5002.6.
HISTORY
1. New section filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
§180.02. Surrender of Regular Series License Plates Upon Reassignment of Vehicle.
Note • History
(a) When the vehicle to which the regular series plates have been assigned is reassigned to a person other than the person who requested the plates, the trustees or regents shall remove the regular series plates from the vehicle on the effective date of the reassignment and shall surrender the regular series plates to the department no later than 60 days after the vehicle reassignment.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 5002.6.
HISTORY
1. New section filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
§181.00. Foreign Organization License Plates.
Note • History
(a) Officers and designated employees of the Taipei Economic and Cultural Office (TECO) are eligible for exemption from registration fees and are entitled to apply for special Foreign Organization license plates. The American Institute in Taiwan, located in Arlington, Virginia, shall be authorized to verify the official status of these officers and employees and notify the department.
(1) The notification shall be in writing and shall include the officer's or employee's name, official status, and the date the officer's or employee's appointment is approved.
(b) Upon successful completion of the application process by a TECO officer or designated employee, the department shall grant exemption from registration fees and issue a special Foreign Organization license plate bearing the words, “Foreign Organization,” for a vehicle owned or leased by the officer or employee.
(c) The TECO officer or designated employee shall apply to the department for registration exemption and special Foreign Organization license plates by doing the following for each vehicle owned or leased by the officer or employee:
(1) Complete and present to the department in person or by mail the following portions of Miscellaneous Certifications, Form REG 256A (Rev. 2/2007), provided by the department, which shall contain the following information:
(A) The vehicle identification number; license plate number; vehicle make and year.
(B) An indication that the vehicle is exempt from registration because the registered owner is an officer or designated employee of TECO (Part B).
(C) A certification, signed and dated by the applicant under penalty of perjury, that the information on the form is true and correct (Part F).
(D) The daytime telephone number of the applicant (Part F).
(2) Provide the Certificate of Title or bill of sale for an original/nonresident vehicle.
(3) Provide a photocopy of the Tax Exemption Card (BT 111) issued by the California State Board of Equalization and an identification card issued by the Department of State.
(4) If applicable, surrender the current state or country license plates, or sign a statement of facts certifying the plates will be destroyed and disposed of in a manner which renders them useless.
(5) Provide a certificate of compliance as specified in Vehicle Code section 4000.1.
(d) The department shall refund any registration fees previously paid on the vehicle by a TECO officer or designated employee for the period after the official approval date of appointment specified pursuant to subdivision (a)(1).
(e) The registration fee exemption does not apply to duplicate certificates or substitute license plates. A TECO officer or designated employee shall be required to pay the fees specified in Vehicle Code sections 4850(c) and 9265 when applying for duplicate certificates and substitute license plates.
(f) Registration of the vehicle owned or leased by a TECO officer or designated employee expires on December 31 of each year.
(g) If a TECO officer or designated employee transfers ownership of a vehicle to another person, the TECO officer or employee shall remove the Foreign Organization plates from the vehicle on the effective date of the transfer and shall surrender the plates to the department within 60 days of transfer of ownership.
NOTE
Authority cited: Sections 1651 and 5006.5, Vehicle Code. Reference: Sections 1652 and 5006.5, Vehicle Code; and Sections 10781 and 10901, Revenue and Taxation Code.
HISTORY
1. New section filed 7-21-97; operative 8-20-97 (Register 97, No. 30).
2. Amendment filed 12-21-98; operative 1-20-99 (Register 98, No. 52).
3. Editorial correction of subsection (c)(1)(A) (Register 2003, No. 20).
4. Change without regulatory effect amending subsections (c)(1) and (c)(1)(B)-(D) filed 6-26-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 26).
5. Change without regulatory effect amending subsection (c)(1) filed 6-29-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 26).
DISABLED PERSON PLACARDS OR PLATES
Note • History
(a) Disabled Person Permanent Placard -- A placard that has a fixed expiration date of June 30 every odd numbered year that is issued to permanently disabled persons meeting the disability requirements in Section 295.5 of the Vehicle Code.
(b) Disabled Person Temporary Placard -- A placard that is issued for a maximum of six (6) months to a temporarily disabled person meeting the disability requirements in Section 295.5 of the Vehicle Code.
(c) Disabled Person Travel Placard -- A placard issued to permanently disabled persons meeting the disability requirements in Section 295.5 of the Vehicle Code. The placard is issued to California residents for no more than thirty (30) days and to non-residents for no more than ninety (90) days.
(d) Readily observable and uncontested permanent disability -- The disability of any person who has lost or has lost use of, one or more lower extremities or both hands.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 295.5, 5007, 22511.55 and 22511.59, Vehicle Code.
HISTORY
1. New section filed 3-26-2007; operative 4-25-2007 (Register 2007, No. 13).
§182.01. Application for Disabled Person Placard or Plates Form.
Note • History
(a) Applicants for a disabled person placard or plates shall complete and submit an Application for Disabled Person Placard or Plates form (REG 195, REV 2/2007), which is hereby incorporated by reference. This form is available on the department's internet website at www.dmv.ca.gov, in any field office, or by calling the department's Telephone Service Center at (800) 777-0133. The form shall contain the following information:
(1) The type of disabled person placard being requested and/or if disabled person license plates are being requested.
(2) The applicant's true full name or organization name.
(3) The applicant's residence address or organization address.
(4) The applicant's or organization's mailing address, if different from the residence address.
(5) The applicant's date of birth. This information is not required for an organization or government agency.
(6) The applicant's driver license or identification card number, if one has been issued. This information is not required for an organization or government agency.
(7) The applicant's daytime telephone number.
(8) An indication of whether California disabled person or disabled veteran license plates or permanent parking placard have previously been issued. If the applicant indicates that license plates or a placard have previously been issued, the plate or placard number must be provided.
(9) If the applicant is requesting disabled person license plates, a current license plate number, a vehicle identification number and make of the vehicle to which the disabled person license plates will be affixed. For a new vehicle purchase, only the vehicle identification number and vehicle make are required. To qualify for disabled person license plates, the applicant must provide a registration card in the applicant's name or documents to register the vehicle in the applicant's name. License plates currently assigned to the vehicle must be surrendered to the department.
(A) An indication of whether the applicant is requesting an exemption from weight fees for the vehicle described. (Note: To qualify for an exemption, the vehicle must weigh less than 8,001 pounds unladen.)
(10) A statement by the applicant certifying that the applicant has read the information in Section D and fully understands and takes responsibility for the use of the disabled person placard or plates that are issued, and certifies under penalty of perjury under the laws of the State of California that the information provided in the application is true and correct and the applicant is a disabled person as defined under California Vehicle Code Section 295.5. The applicant shall designate if the disability is permanent or temporary and indicate what the disability is due to. The applicant shall sign and date the application and indicate the city and state in which the signature was executed.
(A) The application may be completed and signed by a parent or guardian of a disabled minor if parts G and H of a Statement of Facts form (REG 256, REV 9/2005), which is hereby incorporated by reference, are completed and signed by a parent or guardian indicating his or her relationship to the minor. This form is available on the department's website at www.dmv.ca.gov, in any field office or by calling the department's Telephone Service Center at (800) 777-0133.
(B) A person, other than the applicant, may complete the application if the applicant's disability prevents him or her from completing the application. Parts G and H of a Statement of Facts form (REG 256, REV 9/2005, which is hereby incorporated by reference, must be completed and signed indicating relationship to the applicant.
(11) The Doctor's Certification of Disability completed by a licensed physician, surgeon, chiropractor, optometrist, physician assistant, nurse practitioner, or certified nurse midwife that states the applicant meets the disability requirements described in Section 295.5 of the Vehicle Code. The physician shall indicate the type of qualifying criteria and provide any additional qualifying information.
(12) The doctor, physician assistant, nurse practitioner, or certified nurse midwife shall indicate the type of placard that is to be issued and the length of time a temporary or travel placard is to be issued.
(13) The doctor, physician assistant, nurse practitioner, or certified nurse midwife's name, address, daytime telephone number and medical license number.
(14) A statement by the doctor, physician assistant, nurse practitioner, or certified nurse midwife, certifying under penalty of perjury under the laws of the State of California that all statements provided on the application are true and correct and he or she will retain information sufficient to substantiate the certification and shall make that information available for inspection by the Medical Board of California at the department's request. The doctor, physician assistant, nurse practitioner, or certified nurse midwife shall sign and date the certification and indicate the city and state in which the signature was executed.
(A) The Doctor's Certification of Disability is not required if the applicant indicates that a disabled person or disabled veteran license plate or placard have previously been issued unless the placard was cancelled by the department or if the placard is no longer on record with the department.
(B) The Doctor's Certification of Disability is not required if the applicant appears in person and has a readily observable and uncontested permanent disability as specified in section 182.00(d) and the disability is verified by an employee of the Department of Motor Vehicles.
(C) The Doctor's Certification of Disability is not required for an organization or government agency involved in the transportation of disabled persons or disabled veterans. The applicant must complete Parts G and H of a Statement of Facts form (REG 256 9/2005), which is hereby incorporated by reference, certifying the organization or government agency is involved in the transportation of disabled persons or disabled veterans.
(15) The signature, office number, date and identification number of the Department of Motor Vehicles employee who certifies a readily observable and uncontested disability as specified in section 182.00(d).
(b) The completed form with the applicable fee may be mailed to:
DMV PLACARD
P.O. BOX 942869
SACRAMENTO, CA 94269-0001
Or submitted to any Department of Motor Vehicles field office.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 295.5, 5007, 22511.55 and 22511.59, Vehicle Code.
HISTORY
1. New section filed 3-26-2007; operative 4-25-2007 (Register 2007, No. 13).
§182.02. Surrender of Disabled Person License Plates and/or Permanent Disabled Person Placards upon Death.
Note • History
(a) The disabled person license plates and/or placard shall be surrendered to the department within sixty (60) days of the death of the disabled person or upon the expiration of the vehicle registration, whichever occurs first.
(1) The disabled person license plates shall not be transferred to any other person, including the co-owner of the vehicle.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 5007 and 22511.55(d), Vehicle Code.
HISTORY
1. New section filed 3-26-2007; operative 4-25-2007 (Register 2007, No. 13).
Article 3.2. Registration of Vessels
Note • History
(a) The number issued to each undocumented vessel shall be displayed in the following manner:
(1) Be painted on or permanently attached to each side of the forward half of the vessel.
(2) Be in plain vertical block characters of not less than 3 inches in height.
(3) Contrast with the color of the background and be distinctly visible and legible.
(4) Have spaces or hyphens that are equal to the width of a letter other than “I” or a number other than“1” between the prefix and the number, and the number and the suffix.
EXAMPLE: CF 1234 AB
(5) Letters and numbers to read from left to right.
(b) Vessels used by a manufacturer or by a dealer for testing or demonstrating shall have the number painted on or attached to removable plates that are temporarily but firmly attached to each side of the forward half of the vessel.
(c) On inflatable vessels or on vessels so configured that a number on the hull or superstructure would not be clearly visible or properly adhere, the number shall be painted on or attached to a backing plate that is attached to the forward half of the vessel so that the number is visible from each side of the vessel.
(d) No numerals, letters or devices other than those used in connection with the state number issued shall be placed in the proximity of the state number, and no numerals, letters or devices which might interfere with the ready identification of the vessel by its state number shall be carried on any part of the vessel.
NOTE
Authority cited: Sections 1651 and 9853.2, Vehicle Code. Reference: Sections 9850, 9853.2 and 9857, Vehicle Code; and CFR, Title 33, Sections 173.19, 173.27, 174.13 and 174.14.
HISTORY
1. Change without regulatory effect renumbering former section 300.00 to section 190.00 and amending article heading filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§190.01. Registration Stickers.
Note • History
The registration stickers issued by the department under the authority of Vehicle Code Section 9853.4 to identify a vessel as currently registered shall be securely affixed on each side of the vessel three inches aft (toward the stern) of and directly in line with the registration numbers and shall be so maintained as to be clearly visible at all times.
NOTE
Authority cited: Sections 1651 and 9853.4, Vehicle Code. Reference: Section 9853.4, Vehicle Code; and CFR, Title 33, Section 174.15.
HISTORY
1. Change without regulatory effect renumbering former section 300.01 to section 190.01 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
Proof of ownership of vessels may be established for the purposes of Vehicle Code Section 9852 by one of the following:
(a) A Bill of Sale executed by the seller showing the name and address of the seller, name and address of the purchaser, the name and address of the legal owner if any, the location and date of sale, and description of the vessel; or a Certificate of Sale executed by the seller under oath showing the information required to be shown on the Bill of Sale.
(b) A properly endorsed document indicating title if the vessel has been numbered and issued a title by another state.
(c) Where neither (a) nor (b) above is appropriate, an affidavit executed by the applicant fully setting forth the facts to support applicant's claim of ownership in the vessel. Affidavits for materials used in construction of homemade boats shall be supported with Bills of Sale for major components.
(d) A Certificate of Origin, Bill of Lading or Invoice describing the vessel shall be required from any dealer who upon application for original registration lists himself as the owner of the vessel when such vessel is obtained through the dealer's inventory.
NOTE
Authority cited: Sections 1651 and 9852, Vehicle Code. Reference: Section 9852, Vehicle Code; and CFR, Title 33, Section 174.31.
HISTORY
1. Change without regulatory effect renumbering former section 300.02 to section 190.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§190.03. Vessel Bond Requirements.
Note • History
(a) A vessel owner applying for a California certificate of title without the required proof of ownership may submit a bond as authorized by Vehicle Code section 9923. The bond shall be executed by an admitted surety insurer on an Undocumented Vessel Surety Bond, form REG 5058 (REV. 10/2005), which is hereby incorporated by reference. The bond shall be subject to chapter 2 (commencing with Section 995.010), title 14, of part 2 of the Code of Civil Procedure.
(b) The penal sum of the bond shall be in the amount of the fair market value of the vessel.
(1) The fair market value shall be determined by either:
(A) A written appraisal provided by a California licensed or other state licensed yacht and shipbroker; or
(B) Identification of the vessel and its price variations based on information provided in a recognized industry vessel valuation and pricing handbook. The highest and lowest price variations shall be added together and then divided by two; the result is the average price of a vessel. The average price shall be the fair market value.
(c) A vessel owner applying for a California certificate of title without the required supporting evidence of ownership may submit a deposit equal to the monetary amount appraised in Section 190.03 (b)(1)(A) or calculated in Section 190.03(b)(1)(B) in lieu of the bond as provided in Section 995.710 of the Code of Civil Procedure. The deposit in lieu of a surety bond shall be executed on a Vehicle, Vessel or Off-Highway Vehicle Title Deposit Agreement and Assignment, form REG 5059 (NEW 10/2009), which is hereby incorporated by reference. The form shall meet the guidelines identified in the Code of Civil Procedure section 995.710. The form shall also identify the deposit method authorized by the Code of Civil Procedure section 995.710 that is chosen by the depositor.
NOTE
Authority cited: Sections 1651 and 9852, Vehicle Code. Reference: Sections 995.010 and 995.710, Code of Civil Procedure; and Section 9923, Vehicle Code.
HISTORY
1. New section filed 2-14-2006; operative 3-16-2006 (Register 2006, No. 7). For prior history, see Register 95, No. 34.
2. Amendment of subsection (c) and Note filed 6-7-2010; operative 7-7-2010 (Register 2010, No. 24).
§190.04. Definition of a Livery Boat.
Note • History
A livery boat is any vessel subject to registration under the California Vehicle Code, that is held primarily for the purpose of renting, leasing or chartering to others.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9840 and 9850, Vehicle Code; and CFR, Title 33, Section 174.19.
HISTORY
1. Change without regulatory effect renumbering former section 300.04 to section 190.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§190.05. Definition of a Vessel Carrying Passengers for Hire.
Note • History
Vessels carrying passengers for hire means any vessel subject to registration under the California Vehicle Code which is held for use for the carriage of any person by such vessel for valuable consideration whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person interested in the vessel.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9840 and 9850, Vehicle Code; and CFR, Title 33, Section 174.19.
HISTORY
1. Change without regulatory effect renumbering former section 300.05 to section 190.05 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment filed 8-21-95; operative 9-20-95 (Register 95, No. 34).
§190.06. Definition of a Boat Manufacturer.
Note • History
A boat manufacturer is a person who is engaged wholly or in part in the business of building or assembling vessels who subsequently offers these vessels for sale and receives or expects to receive money, profit or any other thing of value resulting from such transactions.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 9840, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 300.06 to section 190.06 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§190.07. Definition of a Boat Dealer.
Note • History
A boat dealer is a person who is engaged wholly or in part in the business of selling or offering for sale, buying or taking in trade for the purpose of resale, or exchanging, any vessel or vessels and receives or expects to receive money, profit, or any other thing of value.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9856 and 9912, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 300.07 to section 190.07 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§190.08. Certificates of Number for Dealer, Manufacturer, Livery Vessel and Vessel Carrying Passengers for Hire.
Note • History
(a) The Certificates of Number for dealer, manufacturer, livery vessels, commercial vessels of less than five net tons and vessels carrying passengers for hire shall be clearly marked to show the vessel use.
(b) All applications for numbering of such vessels shall be submitted directly to the Department of Motor Vehicles, Sacramento, who may upon approval after the payment of the required fees issue a vessel number with distinctive suffix letters.
(c) Dealer or manufacturer numbers shall only be temporarily attached to the vessel during demonstration or test period and are valid for that period of demonstration or test only.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9850, 9853, 9853.1-9853.3, Vehicle Code; CFR, Title 33, Sections 173.27 and 174.19; and CFR, Title 46, Section 67.01-11.
HISTORY
1. Change without regulatory effect renumbering former section 300.08 to section 190.08 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§190.09. Terms and Conditions for Vessel Registration and Numbering.
Note • History
The issuance of Certificates of Ownership and Number may be conditioned on:
(a) Title to, or other proof of ownership of a vessel except a recrea-- tional-type public vessel of the United States, and
(b) The payment of State or local taxes, except for such public vessels as defined in Section 9851 V.C.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9852, 9853.1, 9853.4, 9855 and 9858, Vehicle Code; and CFR, Title 33, Section 174.31.
HISTORY
1. Change without regulatory effect renumbering former section 300.09 to section 190.09 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§190.10. Contents of Applications for Certificate of Ownership and Certificate of Number.
Note • History
(a) Applications for Certificates of Ownership and Number shall contain the following information:
(1) Name of the registered owner.
(2) Address of the registered owner and ZIP code.
(3) State in which vessel will be principally used.
(4) Location of vessel, city and/or county.
(5) Any number previously issued by an issuing authority for the vessel.
(6) Whether the application is for a new number, renewal of a number, transfer of ownership, duplicate Certificates of Ownership or Number.
(7) Whether the vessel is to be used for pleasure, rent or lease, dealer or manufacturer demonstration, commercial passenger carrying or other commercial use.
(8) Make of vessel.
(9) Year vessel was manufactured and model year, if known.
(10) Hull identification number.
(11) Overall length of vessel.
(12) Type of vessel.
(13) Hull material.
(14) Propulsion.
(15) Fuel, gasoline, diesel or other.
(16) Name and address of legal owner, if any.
(17) Signature of the registered owner.
(b) Applications made by a manufacturer or dealer for a number that is to be temporarily affixed to a vessel for demonstration or test purposes need only furnish items 1, 2, 6, 7 and 17 of paragraph (a).
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9852 and 9853, Vehicle Code; and CFR, Title 33, Section 174.17.
HISTORY
1. Change without regulatory effect renumbering former section 300.10 to section 190.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§190.11. Contents of Certificate of Number.
Note • History
(a) Each Certificate of Number shall contain the following information:
(1) Number issued to vessel.
(2) Expiration date of the Certificate of Number.
(3) State of principal use.
(4) Name of the registered owner.
(5) Address of registered owner, including ZIP code.
(6) Name and address of legal owner, if any.
(7) Use of vessel such as pleasure, livery, dealer or manufacturer for demonstration, commercial passenger carrying or other commercial.
(8) Hull identification number.
(9) Make of vessel.
(10) Year manufactured and year model, if known.
(11) Overall length of vessel.
(12) Type of vessel.
(13) Hull material.
(14) Type of propulsion.
(15) Fuel type, gasoline, diesel or other.
(16) Information pertaining to change of ownership, documentation, theft or recovery of vessel, carriage of the Certificate of Number on board when vessel is in use; rendering aid in accidents and reporting casualties and accidents shall be contained on the Certificate of Number.
(b) A Certificate of Number issued to a manufacturer or dealer to be used on a vessel for demonstration purposes need only show items 1, 2, 3, 4, 5, 7 and 16 of paragraph (a) if the word “manufacturer” or “dealer” is plainly marked on the certificate.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9853 and 9853.1, Vehicle Code; and CFR, Title 33, Section 174.19.
HISTORY
1. Change without regulatory effect renumbering former section 300.11 to section 190.11 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of subsection (a)(16) filed 8-21-95; operative 9-20-95 (Register 95, No. 34).
§190.12. Validity of Certificate of Number.
Note • History
(a) The Certificate of Number shall become invalid after the date:
(1) The vessel is documented or required to be documented under Part 67 of Title 46, Code of Federal Regulations.
(2) The owner of the vessel transfers all of his ownership in the vessel.
(3) The vessel is destroyed or abandoned.
(b) A Certificate of Number shall be invalid if the application contains a false or fraudulent statement.
(c) A Certificate of Number shall become invalid 60 days after the day on which the vessel is no longer principally used within the State of California.
(d) The Certificate of Number shall become invalid when the person whose name appears on the certificate involuntarily loses his interest in the numbered vessel by legal process.
(e) The Certificate of Number shall become invalid when the primary use of the vessel changes from the use indicated on the Certificate of Number pursuant to Section 190.11(a)(7).
(1) The owner of a vessel shall apply to the department for a new Certificate of Number when the primary use of the vessel changes from that indicated on the Certificate of Number.
(2) “Primary use of the vessel” means use that accounts for more than fifty percent of the operation of the vessel during a calendar year.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9853.1, 9855, 9858, 9864, 9874 and 9915, Vehicle Code; and CFR, Title 33, Section 173.77.
HISTORY
1. Change without regulatory effect renumbering former section 300.12 to section 190.12 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. New subsections (e)-(e)(2) filed 8-21-95; operative 9-20-95 (Register 95, No. 34).
Note • History
The number and sticker shall be removed from the vessel if the Certificate of Number becomes invalid for reasons contained in Section 190.12(a)(1), (b), or (c) of these regulations.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9853.4 and 9874, Vehicle Code; and CFR, Title 33, Section 173.33.
HISTORY
1. Change without regulatory effect renumbering and amending former section 300.13 to section 190.13 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§190.14. Temporary Certificate of Number.
Note • History
A Temporary Certificate of Number shall be issued to applicants in accordance with Section 9858 V.C. to be valid for 60 days from date of issue.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 9858; and CFR, Title 33, Sections 173.75 and 174.29.
HISTORY
1. Change without regulatory effect renumbering former section 300.14 to section 190.14 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§190.15. Hull Identification Numbers.
Note • History
(a) All vessels subject to registration under the California Vehicle Code shall display a hull identification number. On vessels built after 1971, this number shall consist of at least 12 characters in a configuration consistent with federal regulations.
(b) Hull identification numbers will be assigned by the manufacturer or by the Department of Motor Vehicles upon failure by the manufacturer to assign the number.
(c) The hull identification number shall be carved, burned, stamped, embossed or otherwise permanently affixed using letters and numerals not less than 1/4 inch in height to the outboard side of the transom, or if there is no transom to the outermost starboard side at the end of the hull that bears the rudder or other steering mechanism, above the water line of the boat in such a way that alterations, removal or replacement would be obvious.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9871 and 9871.5, Vehicle Code; and CFR, Title 33, Sections 181.23, 181.25, 181.27 and 181.29.
HISTORY
1. Change without regulatory effect renumbering former section 300.15 to section 190.15 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
(a) Boats belonging to State, County, or City Governments and Federal agencies of the United States shall not be required to pay the fees provided for in Sections 9853, 9855 and 9860 of the California Vehicle Code.
NOTE
Authority cited: Section 9851, Vehicle Code. Reference: Section 9851, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 300.16 to section 190.16 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§190.17. Recreational-Type Public Vessels.
Note • History
Boats owned by the United States Armed Forces that are used for recreational purposes shall be known as “recreational-type public vessels.” The Department of Motor Vehicle, Sacramento, California, shall upon application issue a Certificate of Number and Certificate of Ownership to the Armed Forces Agency owning the vessel. Such vessels shall be exempt from payment of all fees.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 9851, Vehicle Code; and CFR, Title 33, Section 173.11.
HISTORY
1. Change without regulatory effect renumbering former section 300.17 to section 190.17 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§190.18. Fee-Exempt Annual Renewal.
Note • History
The number issued to fee-exempt vessels shall contain suffix letters to designate the vessel as “fee-exempt.” Display of the number shall be in accordance with Section 190 of this regulation. A sticker shall be issued to each vessel to identify it to be currently registered. Display of the sticker shall be in accordance with Section 190.01.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 9850, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering and amending former section 300.18 to section 190.18 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
Boats brought to this state exclusively for racing purposes and remaining for less than 90 days, may be exempted from registering and numbering in California, providing the state of origin also exempts such vessels.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9854 and 9873, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 300.19 to section 190.19 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
No person may operate a livery vessel unless that vessel has on board a valid Certificate of Number, a valid Temporary Certificate of Number, or a copy of the rental or lease agreement. The agreement must contain:
(1) The signature of the owner of the vessel or his representative.
(2) The signature of the person leasing or renting the vessel.
(3) The vessel number that appears on the Certificate of Number.
(4) The time period for which the vessel is leased or rented.
No obligation is created by these regulations (Sections 190.00 through 190.20) under Section 2231 of the Revenue and Taxation Code, for the reimbursement of any local agency for any costs that may be incurred in carrying on any program or performing any service required to be carried on or performed under these regulations.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 9853.3, Vehicle Code; and CFR, Title 33, Section 173.21.
HISTORY
1. Change without regulatory effect renumbering and amending former section 300.20 to section 190.20 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§190.21. Notification to the Department.
Note • History
A person whose name appears as the owner of a vessel on a Certificate of Number shall, within 15 days, notify the Department of:
(a) Any change in his address.
(b) The loss or destruction of a valid Certificate of Number.
(c) The destruction or abandonment of the vessel.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9864, 9865 and 9911, Vehicle Code; and CFR, Title 33, Section 173.29.
HISTORY
1. Change without regulatory effect renumbering former section 300.21 to section 190.21 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§190.22. Surrender of Certificate of Number.
Note • History
A person whose name appears as the owner of a vessel on a Certificate of Number shall surrender the certificate in a manner prescribed by the Department within 15 days after it becomes invalid under Section 190.12, paragraphs (a)(1)(2)(3), (b), (c), (d).
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9864 and 9900, Vehicle Code; and CFR, Title 33, Section 173.31.
HISTORY
1. Change without regulatory effect renumbering and amending former section 300.22 to section 190.22 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§190.30. Department Agent's Authorization.
Note • History
(a) Agents authorized by the department under Vehicle Code Section 9858 to accept registration applications of undocumented vessels shall be known as Undocumented Vessel Registration Agents. The appointment of such agents shall be at the pleasure of the department and they shall serve without compensation from the department.
(b) Undocumented Vessel Registration Agents may charge their customers a documentary preparation fee pursuant to Vehicle Code Section 9858.1.
NOTE
Authority cited: Sections 1651 and 9858, Vehicle Code. Reference: Sections 9858, 9858.1 and 9859, Vehicle Code.
HISTORY
1. Renumbering and amendment of former section 190.03 to new section 190.30 and amendment of Note filed 8-21-95; operative 9-20-95 (Register 95, No. 34).
§190.32. Application for Appointment as an Undocumented Vessel Registration Agent.
Note • History
(a) An applicant for appointment as an Undocumented Vessel Registration Agent shall submit to the department an Application for Appointment and Agreement as a Non-Public Undocumented Vessel Registration Agent, Form OL 54 (Rev. 3/2003).
(1) Another department-approved version of this form with a different revision date shall be acceptable if the content of the form is in substantial compliance with the requirements of this section.
(b) The Application for Appointment and Agreement as a Non-Public Undocumented Vessel Registration Agent shall contain the following information:
(1) Information specifying the reason the application is being submitted.
(A) An application shall be submitted for the original appointment, change of name or address, change of ownership structure, or when adding a branch location.
(2) The business name, address and telephone number.
(3) The days and hours the business is open for business and the days the business is closed.
(4) The nature of the business.
(5) The applicant's Board of Equalization resale number (including a copy of the resale permit).
(6) The limited liability company or corporate number.
(7) An indication of how the business is structured.
(8) The name, residence address, telephone number, and driver license or identification card number of the owner, each partner, each of the corporation's principal officers, or all association representatives depending on the business structure.
(9) An indication as to whether the applicant, any partner, or corporate officer has ever been a Vessel Registration Agent for the state, has ever been a yacht and ship broker, or has ever been a Department of Motor Vehicles Occupational Licensee, and, if so, the license number and date of the license.
(10) An indication as to whether the applicant partner or officer has ever been convicted of any misdemeanor or felony offense including the dates of offense and court information.
(11) An explanation of the bankruptcy, including the date and court of jurisdiction, if the applicant, any partner or officer has ever declared bankruptcy.
(12) A certification that the information provided on the application is true and correct, and an agreement to comply with the department's requirements as set forth in the Agreement for Appointment as an Undocumented Vessel Registration Agency to Represent the California Department of Motor Vehicles, Form OL 54 (REV. 3/2003) page 2.
(A) The certification and agreement shall be dated and signed under penalty of perjury under the laws of the State of California by the sole proprietor, all individual partners of a co-partnership, or all principal officers of the corporation, depending on the business structure.
(B) When the business is a corporation, the application shall also include the corporate officer title of each of its principal officers.
NOTE
Authority cited: Sections 1651 and 9858, Vehicle Code. Reference: Sections 9858 and 9859, Vehicle Code.
HISTORY
1. New section filed 8-21-95; operative 9-20-95 (Register 95, No. 34).
2. Amendment filed 10-25-2004; operative 11-24-2004 (Register 2004, No. 44).
§190.34. Responsibilities of Undocumented Vessel Registration Agents.
Note • History
(a) Each Undocumented Vessel Registration Agent shall agree to assume, as a condition of appointment, the following responsibilities:
(1) Maintain an established place of business.
(2) Be engaged in an activity directly related to boating.
(3) Display a means of identification which will clearly indicate to the public the name of the business. Each separate branch of the business which will be authorized to conduct registration of vessels shall display such means of identification.
(4) Maintain all supplies at the business location described on the Application for Appointment and Agreement as a Non-Public Undocumented Vessel Registration Agent, Form OL 54 (REV. 3/2003).
(5) Make available for review all accountable vessel registration items upon demand by an authorized department employee. Accountable vessel registration items shall include any item bearing a serial number and having a value attached to it.
(6) Notify the Department of Motor Vehicles, Occupational Licensing Unit, P.O. Box 932342, Sacramento, CA 94232-3420, in writing no later than the first business day following the event of any of the following:
(A) Sale of business or change of terms in the agreement for appointment.
(B) Change of business structure, including the addition or deletion of partners or corporate officers.
(C) Change of business name or address.
(D) Adding or deleting a branch location.
(E) Lost or stolen accountable vessel registration items.
(7) Upon sale or termination of the business, all accountable vessel registration supplies, applications, and fees shall be forwarded to the department no later than the first business day following the sale or termination.
NOTE
Authority cited: Sections 1651 and 9858, Vehicle Code. Reference: Sections 9858 and 9859, Vehicle Code.
HISTORY
1. New section filed 8-21-95; operative 9-20-95 (Register 95, No. 34).
2. Amendment of subsection (a)(4) filed 10-25-2004; operative 11-24-2004 (Register 2004, No. 44).
§190.36. Duties of Undocumented Vessel Registration Agents.
Note • History
(a) Each Undocumented Vessel Registration Agent shall agree to assume, as a condition of appointment, the following duties:
(1) Accept applications and fees for registration and transfer of vessels and issue Permanent Vessel Numbers, Temporary Certificates of Number, and vessel stickers to applicants.
(2) Forward a report every seven days listing all vessel registration transactions received during the previous seven days, accompanied by each application listed on the report and a single check or money order for all fees received for the registration of a vessel, to the address designated by the department no later than the close of business on the date shown on the report.
(A) The report shall be prepared on the Transmittal Record of Vessel Agent Registration Applications, Form ADM 173-1 (10/94) provided by the department. Another department-approved version of this form with a different revision date shall be acceptable if the content of the form is in substantial compliance with the requirements of this section.
(B) The Transmittal Record of Vessel Agent Registration Applications shall be completed in ink and shall include the following information: the business name, address, and telephone number; the agent's number; date submitted; the vessel's CF number, or, if a new vessel, the hull identification number or the last name of the registered owner; the amount of cash, check, or credit media collected; the number of the sticker issued; miscellaneous receipts issued for transactions such as transfers, duplicates, etc.; an indication of whether a credit or refund is desired; an indication of the preferred delivery method; the total number of items by type submitted with the transmittal bundle; an authorized signature; and, the printed name of the person signing the report.
(C) All accountable items issued shall be listed on the transmittal in numerical order.
(D) Each registration transaction processed shall be entered on the transmittal immediately after the receipt has been written.
(E) Three copies of the transmittal shall be sent weekly to the department, and the agent shall retain a fourth copy.
(F) A Transmittal of Vessel Agent Registration Applications shall be submitted indicating, “No transactions during week of xx/xx/xx” when no transactions have occurred during the week.
(3) Process the types of vessel registration transactions indicated on the Agreement for Appointment as an Undocumented Vessel Registration Agency to Represent the California Department of Motor Vehicles, Form OL 54 (REV. 3/2003) page 2.
(A) These transactions shall include either or both: original vessel registration for new boats; or, vessel ownership transfer applications for used boats, registration renewals and applications for duplicate certificates and stickers.
(B) Agents shall register only those vessels they sell.
(4) Complete and provide a Quarterly Physical Inventory of Accountable Items, Form BOAT 124-1 (12/94) by the fifth day of January, April, July, and October. Another department-approved version of this form with a different revision date shall be acceptable if the content of the form is in substantial compliance with the requirements of this section.
(A) The Quarterly Physical Inventory of Accountable Items shall include a listing of receipts for new and used boats, as evidenced by the beginning and ending number of Certificates of Number and Temporary Certificates of Numbers issued, and the number of each on hand; a listing of the number of vessel stickers issued, as evidenced by the beginning and ending number of stickers issued and the number on hand, a listing of void receipts, and an authorized signature.
NOTE
Authority cited: Sections 1651 and 9858, Vehicle Code. Reference: Sections 9858 and 9859, Vehicle Code.
HISTORY
1. New section filed 8-21-95; operative 9-20-95 (Register 95, No. 34).
2. Amendment of subsections (a)(2)(A) and (a)(3) filed 10-25-2004; operative 11-24-2004 (Register 2004, No. 44).
§190.38. Agreement for Appointment as an Undocumented Vessel Registration Agent.
Note • History
(a) Each applicant for appointment as an Undocumented Vessel Registration Agent shall complete an Agreement for Appointment as an Undocumented Vessel Registration Agency to Represent the California Department of Motor Vehicles, Form OL 54 (REV. 3/2003) page 2 on which the owner, all partners of a co-partnership, or all principal officers of a corporation, agree to assume the duties and responsibilities which are outlined in the agreement and reflect the requirements specified in the Vehicle Code and in regulation. The signature of the applicant on page 1 of this form shall serve as acknowledgement of this agreement.
(1) Another department-approved version of this form with a different revision date shall be acceptable if the content of the form is in substantial compliance with the requirements of this section.
NOTE
Authority cited: Sections 1651 and 9858, Vehicle Code. Reference: Sections 9858, 9858.1 and 9859, Vehicle Code.
HISTORY
1. New section filed 8-21-95; operative 9-20-95 (Register 95, No. 34).
2. Amendment of subsection (a) filed 10-25-2004; operative 11-24-2004 (Register 2004, No. 44).
§191.00. Non-Motorized Surfboard-Like Vessels Exempted Under Vehicle Code Section 9873(e).
Note • History
Non-motorized surfboard-like vessels over 8 feet in length, propelled solely by sail, and with a mast which is required to be held upright by the operator in order to sail are exempt from the numbering requirements of Vehicle Code Section 9850.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 9873, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 301.00 to section 191.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§192.00. Proof Documents Re Lien Sale Vessels.
Note • History
All applications for the transfer of title of an undocumented vessel after a lien sale of such vessel under Article 4 (commencing with Section 500) of the Harbors and Navigation Code shall be accompanied by proof of the possessory character of the lien so that the department may be satisfied of the genuineness and regularity of the transfer pursuant to Vehicle Code Section 9915(b). For the purposes of such proof, “storage” means services rendered in the safekeeping of a vessel by a person not the owner who has a right of possession together with a duty to care for the vessel and may include mooring, berthage, wharfing and anchorage and rental of vessel trailer parking space done in the process of the storage of a vessel. “Storage” does not include the rental of mooring space or of vessel trailer parking space when there is no duty to keep the vessel safe when occupying such space. Costs of repair means all material and labor of a repairman when a vessel is put in his keeping for such purposes and may include costs of mooring, berthage, wharfing and anchorage and rental of vessel trailer parking space if such services are included in the repairman's cost of handling a vessel for the purpose of repairing it.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 9915, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 302.00 to section 192.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§200.01. Vehicle Engine or Motor. [Renumbered]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 4161, 4163 and 9257, Vehicle Code.
HISTORY
1. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Amendment filed 4-11-85; effective thirtieth day thereafter (Register 85, No. 15).
3. Change without regulatory effect renumbering former section 200.01 to section 150.01 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Article 3.3. Special Plates
§201.00. Use of Special Plates Issued to a Dealer, Manufacturer, Remanufacturer, or Distributor.
Note • History
(a) Special plates referenced in this section may only be used on vehicles that a dealer, manufacturer, remanufacturer, or distributor owns or lawfully possesses.
(b) The following individuals may operate a vehicle with special plates for any purpose:
(1) An individual who is the sole owner, a general partner, a manager of a limited liability company, or a corporate officer or director of a dealer, manufacturer, remanufacturer, or distributor, provided that individual is actively engaged in the management and control of the business operations of the dealer, manufacturer, remanufacturer, or distributor;
(2) A general manager, or business manager, or sales manager who is actively engaged in the management and control of the business operations of the dealer, manufacturer, remanufacturer, or distributor when no other individual meets the criteria in (1) above;
(3) An individual employed by a manufacturer or distributor and licensed as a representative.
(c) Any licensed driver may operate a vehicle with special plates for any purpose if an individual identified in section (b) is also in the vehicle.
(1) An unaccompanied licensed driver, who regularly resides in the immediate household of an individual identified in section (b), may operate a vehicle with special plates solely to pick up or drop off that individual.
(d) A licensed driver who is an employee of a dealer, manufacturer, remanufacturer or distributor may drive a vehicle with special plates when that employee is acting within the course and scope of his or her employment.
(e) Any licensed driver may operate a vehicle with dealer, manufacturer, remanufacturer, or distributor special plates for special event purposes if the operator carries a letter of authorization from the licensee identifying the vehicle, duration, and location of operation, and person(s) authorized to operate the vehicle.
(f) Any licensed driver, who is a prospective buyer or lessee, may test drive a vehicle with special plates for up to seven days.
(1) A salesperson is not required to be present.
(2) If a salesperson is not present, the operator must carry a letter of authorization from the licensee identifying the vehicle, duration, and person(s) authorized to operate the vehicle.
(g) Employees of a commercial vehicle dealer, manufacturer, remanufacturer, or distributor who must operate a commercial vehicle in the course of their employment, may take a commercial drive test in a commercial vehicle displaying dealer, manufacturer, remanufacturer, or distributor special plates.
(h) A trailer, displaying special plates, may be towed by a vehicle with Vehicle Code authority to operate on the highways.
(i) Any use of special plates issued to a dealer, manufacturer, remanufacturer, or distributor except as specified is prohibited.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11714, 11715 and 11716, Vehicle Code.
HISTORY
1. Amendment of article heading and new section filed 6-8-2000; operative 7-8-2000 (Register 2000, No. 23). For prior history of article 3.3, see Register 93, No. 30 and Register 96, No. 35.
YEAR OF MANUFACTURE PROGRAM
Note • History
(a) YOM -- Year of Manufacture
(b) Base year license plate -- The year the license plate colors were originally issued. Base year license plates were issued to vehicles with model years of 1942 and prior, 1947, 1956 and 1963.
(c) Tab -- Indicator of the year registration expired. May be metal and was affixed to the license plate at the mounting hole. (For a YOM plate, the tab shall correspond to the year model of the vehicle.)
(d) Sticker -- Indicator of the year registration expired. Usually stuck onto the license plate by an adhesive material. (For a YOM plate, the sticker year shall correspond to the year model of the vehicle.)
(e) Current License Plates -- License plates on the vehicle at the time of application for YOM license plates,
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 5004.1, Vehicle Code.
HISTORY
1. New section filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).
§205.02. Application Requirements for Year of Manufacture License Plates.
Note • History
(a) An application for Year of Manufacture license plates shall be submitted to the department on a Year of Manufacture (YOM) License Plate Application, Form REG 352 (Rev. 2/2009), which is hereby incorporated by reference, and shall include the following:
(1) An indication of whether the application is for original issuance, reassignment, retention or release of interest.
(2) The YOM license plate number being requested for application purposes.
(3) The applicant's true full name.
(4) The applicant's California driver license number.
(5) The applicant's mailing address.
(6) The vehicle identification number of the vehicle to which the YOM license plates will be affixed.
(A) If the YOM license plate is requested for a motorcycle, the engine number is required.
(7) The make of the vehicle.
(8) The year of the vehicle.
(9) A statement signed under the penalty of perjury under the laws of the State of California that the information entered on the application is true and correct.
(10) The applicant's telephone number.
(b) The application shall be accompanied by the fee specified in Vehicle Code section 5004.1 and is in addition to regular registration fees.
(c) The current registration certificate, if the vehicle is currently registered.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652 and 5004.1, Vehicle Code.
HISTORY
1. New section filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).
§205.04. Year of Manufacture License Plates for Vehicles with Model Years Prior to 1963.
Note • History
(a) Base year license plate must have the appropriate year validation sticker or tab attached to the plate to be authenticated as other than the base year. For example, a 1956 license plate with a 1958 sticker validates a 1958 license plate.
(1) Vehicles with year model 1942 and prior, 1947 and 1956 will not require the sticker or tab as those were the base plate years.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 5004.1, Vehicle Code.
HISTORY
1. New section filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).
§205.06. Year of Manufacture License Plates for Vehicles with Model Years 1963 Through 1972.
Note • History
(a) Automobiles with model years from 1963 through 1969 must utilize license plates displaying a black background with yellow characters within the alphanumeric series of AAA000 through YYY999.
(b) Year model 1963 through 1969 commercial vehicles or pickups must utilize license plates displaying a black background with yellow characters within the alpha-numeric series of A00000-Z99999.
(c) Year model 1970 through 1972 commercial vehicle or pickups must utilize license plates displaying a blue background with yellow characters within the alpha-numeric series of 00000A-99999Z.
(d) License plates for model years 1963 and after must be compatible with the type of vehicle to which it is being registered.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 5004.1, Vehicle Code.
HISTORY
1. New section filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).
Note • History
(a) YOM license plates must be supplied by the vehicle owner and authenticated by DMV personnel.
(b) YOM applicant is responsible for proving that the year model of the vehicle described in the application is correct.
(c) The license plates must appear to be original by displaying legible and unaltered characters, and be in a configuration authorized for the year entered on the application.
(d) Special Construction Vehicles, commonly referred to as Kit Cars do not qualify for YOM license plates.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 5004.1, Vehicle Code.
HISTORY
1. New section filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).
§205.10. Surrender of Current License Plates.
Note • History
(a) The current license plates shall be surrendered to the department at the time of application.
(b) If the current license plates are not available, the applicant shall complete a Statement of Facts, Form REG 256 (Rev. 8/2008), which is hereby incorporated by reference, stating that he or she understands the current license plates are no longer valid and the applicant will destroy the license plates if, at any time, they are discovered.
(1) The license plates shall be considered destroyed when they are mutilated in a manner which renders them useless.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 5004.1, Vehicle Code.
HISTORY
1. New section filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).
§205.12. Transferring Vehicles Displaying Year of Manufacture License Plates.
Note • History
(a) YOM plates may be transferred between vehicles only when the year models are the same and upon application as provided in Section 205.02 of this Article.
(b) YOM plates may remain on the vehicle when ownership is transferred when the following occur:
(1) The seller must complete a Year of Manufacture (YOM) License Plate Application, Form REG 352 (Rev. 2/2009), indicating that he or she is releasing interest in the vehicle.
(2) The purchaser must complete a Year of Manufacture (YOM) License Plate Application, REG 352 (Rev. 2/2009), as required by Section 205.02 of this Article.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 5004.1, Vehicle Code.
HISTORY
1. New section filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).
§205.14. Retention of Year of Manufacture License Plates.
Note • History
(a) YOM license plates may be retained when the registration is not renewed if the plate owner pays the annual retention fee due by the registration expiration date for the vehicle last assigned the plates.
(1) The plate owner must complete a Year of Manufacture (YOM) License Plate Application, Form REG 352 (Rev. 2/2009), and mark the `Retention' option at the top of the form.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 5004.1, Vehicle Code.
HISTORY
1. New section filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).
Article 3.4. Hearing Procedure Seizure of Vehicles
§212.04. Conduct of the Hearing.
Note • History
(a) The department shall fix a time and place for the hearing as early as may be arranged in the county where the person requesting the hearing resides, and shall give ten (10) days' notice of the hearing to the registered owner, the legal owner, and to any other person known to be claiming an interest in the vehicle,except that the hearing may be set for a different place with the concurrence of the person requesting the hearing and the period of notice may be waived.
(b) The hearing shall be conducted by the Registrar or by a referee appointed by him from officers or employees of the department.
(c) The entire proceedings shall be recorded by a phonographic recorder or otherwise perpetuated by mechanical, electronic, or other means capable of reproduction or transcription.
(d) All evidence shall be taken only on oath or affirmation.
(e) Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him to testify; and to rebut the evidence against him. The registered owner may be called and examined as if under cross-examination.
(f) Each party upon written request made to another party, prior to the hearing and within thirty (30) days after service by the department of the notice of lien, is entitled to
(1) obtain the names and addresses of witnesses known to the other party, intended to be called to testify at the hearing, and
(2) inspect and make a copy of all writings to include statements of witnesses, investigative reports, traffic or parking citations or any other thing which is relevant and which would be admissible in evidence at the hearing; this right does not extend to any writing or thing which is privileged from disclosure by law or otherwise made confidential or protected as attorney's work product.
(g) Before the hearing is commenced, the department shall issue subpoenas and subpoenas duces tecum at the request of any party for attendance or production of documents at the hearing, in accordance with Section 11510 of the Administrative Procedure Act.
(h) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil action. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.
(i) In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state. Parties present at the hearing shall be informed of the matters to be noticed, and those matters shall be noted in the record, referred to therein, or appended thereto. Any such party shall be given a reasonable opportunity on request to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such representation to be determined by the department.
(j) Upon the conclusions of the hearing, the referee shall make findings on the matters under consideration and shall prepare and submit recommendations to the Registrar.
(k) The Registrar, or an employee designated by the Registrar to act on his behalf, following the hearing, upon review of the record, evidence, and the findings, shall render his decision concerning the validity of the imposition of the fees or penalties. The decision of the Registrar or his designee shall be effective on notice to the registered and legal owners.
NOTE
Authority cited: Section 1651, Vehicle Code; and Sections 11180, 11181 and 11182, Government Code. Reference: Section 9801, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 310.04 to section 212.04 and amending and repositioning article 3.4 heading filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Article 3.5. Motor Carriers Permit Program
Note • History
As used in this article, the following definitions shall apply:
(a) “Administrative costs” shall be defined as attorney fees and support staff costs incurred in determining legal entitlement to all or a portion of the cash deposit(s) or savings account(s) held in assignment(s) pursuant to Vehicle Code section 34631(c).
(b) An “applicant” shall be defined as a motor carrier applying as an original applicant for or a current holder of a motor carrier permit.
(c) An “assignor” shall be defined as a motor carrier who is granted a certificate of self-insurance.
(d) The “Deputy Director” shall be defined as the deputy director of the Department of Motor Vehicles for the State of California, who administers the Motor Carrier Permit Program.
(e) The “Director” shall be defined as the Director of Motor Vehicles for the State of California and any other department employee designated to act on behalf of the Director.
(f) A “fictitious name” as used in Vehicle Code section 34621(b)(1) shall be defined as a DBA (Doing Business As) and/or a trade name.
(g) “Licensed to write insurance in this state” as stated in Vehicle Code section 34631 shall be defined as an “admitted insurer” as stated in Insurance Code section 700.
(h) A “motor carrier” shall be defined as a business entity who operates vehicles in California and participates or qualifies to participate in the Motor Carrier Permit program.
(i) A “permit term” shall be defined as twelve (12) months starting on the first day of the month that the original application was received and ending on the last day of the following 12th month. The permit term shall establish the annual renewal date.
(j) For the purpose of this article, the terms “Motor Carrier of Property Permit” and “Motor Carrier Permit” shall be used interchangeably.
NOTE
Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sections 34621 and 34631,Vehicle Code; and Section 700, Insurance Code.
HISTORY
1. New article 3.5 (sections 220.00-221.12) and section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 85, No. 15.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
3. New article 3.5 (sections 220.00-221.12) and section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-17-98 order, including relettering of subsections, transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment of article heading and section filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
§220.02. Application for a Motor Carrier Permit.
Note • History
(a) An applicant for an original Motor Carrier Permit shall complete, sign and certify, under penalty of perjury under the laws of the State of California, an Application for Motor Carrier Permit form [DMV 706 MCP (REV. 4/2003)], which is hereby incorporated by reference.
(b) A change of motor carrier ownership status shall require a completed Application for Motor Carrier Permit form [DMV 706 MCP (REV. 4/2003)], signed under penalty of perjury under the laws of the State of California. This change shall be processed as an original application.
(1) A change of a motor carrier's Employer Identification Number (EIN) requires a new application.
(c) A change of motor carrier name shall require a completed Notice of Change form [DMV 152 MCP (REV. 8/2002)] signed under penalty of perjury under the laws of the State of California. The Notice of Change form is hereby incorporated by reference.
(d) An addition or deletion of “DBA” name or trade name shall require a completed and signed Notice of Change form [DMV 152 MCP (REV. 8/2002)].
(e) A change of motor carrier physical or mailing address shall require a completed and signed Notice of Change form [DMV 152 MCP (REV. 8/2002)] indicating a change of address within ten (10) days of the change.
(f) A list of vehicles shall be submitted with an original, reinstatement and renewal application and contain the full Vehicle Identification Number (VIN), license plate number and state of plate issuance for all motor vehicles the motor carrier intends to use during the permit period.
(g) The department shall notify an applicant in writing within ten (10) days of receipt of the application, that it is complete or deficient.
(1) An application is considered complete when the applicable requirements of the Motor Carriers of Property Permit Act and these regulations have been fulfilled.
(A) With the determination that an application is complete, a permit shall be issued.
(2) An application is considered deficient when the applicable requirements of the Motor Carriers of Property Permit Act and these regulations are not fulfilled.
(A) With the determination that an application is deficient, the department shall identify the specific requirement(s) needed to complete the application.
NOTE
Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sections 1652, 1653, 34621 and 34632, Vehicle Code; and Section 15376, Government Code.
HISTORY
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-17-98 order, including amendment of section, transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment of section heading and section filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
§220.04. Expiration and Renewal of a Motor Carrier Permit.
Note • History
(a) Motor Carrier of Property Permit Renewal Application form [DMV 134 MCP (REV. 1/2004)], which is hereby incorporated by reference, shall be completed and submitted to the department, prior to the date of expiration, when a motor carrier applies for renewal of a Motor Carrier Permit.
(b) The permit term shall remain the same unless the permit is withdrawn pursuant to Section 220.18 of these regulations or is suspended or revoked pursuant to California Vehicle Code sections 34505.6, 34623, or 34624(d).
(c) A permit term shall be limited to 12 months.
NOTE
Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sections 1652, 34620 and 34621, Vehicle Code.
HISTORY
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-17-98 order, including amendment of section heading and section, transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
6. Amendment of subsection (a) filed 2-22-2005; operative 3-24-2005 (Register 2005, No. 8).
§220.05. Manner of Submission of Renewal Registration Transactions to the Department.
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 4610, Vehicle Code; and Section 12155, Insurance Code.
HISTORY
1. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Amendment filed 4-11-85; effective thirtieth day thereafter (Register 85, No. 15).
3. Change without regulatory effect renumbering former section 220.05 to section 201.05 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§220.06. Motor Carrier Financial Responsibility.
Note • History
(a) Acceptable proof of financial responsibility, pursuant to Vehicle Code section 34630, shall be submitted to the department in the form of a Certificate of Insurance, [DMV 65 MCP (REV. 7/2002)] pursuant to Vehicle Code section 34631(a); or a surety bond, [DMV 55 MCP (REV. 10/2003)] pursuant to Vehicle Code Section 34631(b); or a Certificate of Self-Insurance, [DMV 131 MCP (NEW 4/98)] pursuant to Vehicle Code Section 34631(c), which are hereby incorporated by reference.
(1) The Certificate of Insurance [DMV 65 MCP (REV. 7/2002)] shall be submitted to the department by the motor carrier's insurance provider.
(2) Proof of financial responsibility pursuant to Division 7, Vehicle Code section 16000 et seq., shall not be substituted for the proof required for a Motor Carrier Permit.
(3) The name of the motor carrier on the Certificate of Insurance, surety bond or Self-Insurance Certificate shall match the name of the motor carrier entered in Part 2 of an Application for Motor Carrier Permit form [DMV 706 MCP, (REV. 4/2003).]
(b) An Insurance Policy Endorsement, [DMV 67 MCP (REV. 6/2001)], which is hereby incorporated by reference, amending the insurance policy to comply with insurance requirements imposed by the Motor Carriers of Property Permit Act, commencing with Vehicle Code section 34630, shall be attached to and made part of, the insurance policy insuring the motor carrier.
(1) The Insurance Policy Endorsement, [DMV 67 MCP (REV. 6/2001)] shall be retained by the insurer and a copy provided to the insured motor carrier.
(2) A duplicate and all related documentation shall be provided to the department upon request.
(c) Written notice of cancellation of the Certificate of Insurance, required under Vehicle Code section 34630(b), shall be submitted by the insurer to the department on a Notice of Cancellation of Insurance, [DMV 66 MCP (REV. 6/2001)], which is hereby incorporated by reference.
NOTE
Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sections 1652, 34630, 34631 and 34631.5, Vehicle Code.
HISTORY
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-17-98 order, including amendment of section, transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
§220.08. Verification of Vehicles Used by Motor Carriers.
Note • History
(a) The annual list of motor vehicles, pursuant to Vehicle Code section 34632, shall be submitted to the department upon original application, renewal or reinstatement of a Motor Carrier Permit. The list shall contain the full Vehicle Identification Number (VIN), license plate number and state of plate issuance for all motor vehicles used in transportation during the previous permit term. The requirement to furnish the department with an annual list shall be satisfied by submitting the annual list signed and certified under penalty of perjury under the laws of the State of California.
(b) Each motor vehicle operated under the Motor Carrier Permit for thirty-one (31) days or longer shall be included in the list of motor vehicles submitted in accordance with Vehicle Code section 34632, upon renewal or reinstatement.
(1) This list shall include vehicles owned, rented, leased, or used on a seasonal or independent contract basis under the authority of the Motor Carrier Permit.
NOTE
Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Section 34632, Vehicle Code.
HISTORY
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-17-98 order, including amendment of subsection (a), transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
§220.10. Motor Carriers' Employees.
Note • History
(a) The annual report of employees and owner-operator drivers, pursuant to Vehicle Code Section 34633, shall be submitted to the department by a Motor Carrier with a carrier fleet of 20 or more commercial motor vehicles, upon renewal or reinstatement of a Motor Carrier Permit. The report shall contain the total number of employees and owner-operator drivers, employee classifications (job titles), and compensation (annual gross salary).
(b) The requirement to file a report under oath shall be satisfied by submitting the list in the form of a sworn statement signed under the penalty of perjury under the laws of the State of California.
NOTE
Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sections 34633 and 34640,Vehicle Code.
HISTORY
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 93, No. 30.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-17-98 order, including amendment of section, transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
Note • History
(a) A motor carrier may submit a written statement to the department, within fifteen (15) calendar days of the date of service of the order of suspension, showing why good cause exists not to suspend the Motor Carrier Permit pursuant to Section 34624(d) of the Vehicle Code.
(b) Good cause pursuant to Vehicle Code section 34624(d) shall be as follows:
(1) The motor vehicle(s) listed under an owner-operator's Motor Carrier Permit shall be operated by family members and other drivers who are enrolled in the department's Employer Pull Notice system, pursuant to Vehicle Code section 1808.1(a) and (e). This requirement shall be fulfilled prior to operating any motor vehicle defined in Vehicle Code section 1808.1(k) and operated under the owner-operator's Motor Carrier Permit.
(2) The motor vehicle(s) listed under an owner-operator's Motor Carrier Permit shall be operated by casual drivers, as defined in Vehicle Code section 1808.1(j), and under the owner-operator's Motor Carrier Permit.
(A) The owner-operator shall have possession of the casual driver's current public record prior to operating any motor vehicle identified in Vehicle Code section 1808.1(k) and operated under the owner-operator's Motor Carrier Permit.
(c) An owner-operator whose Motor Carrier Permit has been suspended pursuant to Vehicle Code section 34624(d) shall not be entitled to a hearing to show why the permit should not be suspended.
NOTE
Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sections 1808.1 and 34624, Vehicle Code.
HISTORY
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-17-98 order, including amendment of section and Note, transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
6. Amendment of subsection (b)(1) filed 2-22-2005; operative 3-24-2005 (Register 2005, No. 8).
Note • History
There shall be one reinstatement fee due after a single, overlapping or concurrent suspension period. Payment may be made upon receipt of the notice of suspension. Checks or money orders shall be made payable to the Department of Motor Vehicles and mailed to the following address: Department of Motor Vehicles, Motor Carrier Permit Branch, Mail Station G875, P.O. Box 932370, Sacramento, CA 94232-3700.
NOTE
Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Section 34623.5, Vehicle Code.
HISTORY
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-17-98 order, including amendment of section, transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Renumbering of former section 220.14 to section 220.16 and new section 220.14 filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
§220.15. Inventory of License Plates, Tabs or Stickers in Possession of Automobile Clubs.
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 4610, Vehicle Code; and Section 12155, Insurance Code.
HISTORY
1. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Amendment of Note filed 4-11-85; effective thirtieth day thereafter (Register 85, No. 15).
3. Change without regulatory effect renumbering former section 210.15 to section 201.15 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§220.16. Workers' Compensation.
Note • History
(a) Acceptable evidence of compliance with Workers' Compensation laws, pursuant to Vehicle Code section 34640(a)(1), shall be submitted to the department on a Certificate of Insurance form [DMV 65 MCP (REV. 7/2002)] or Workers' Compensation letter, [SCIF 10262 (REV. 5/01)] or [SCIF 10265 (no revision date)], which are hereby incorporated by reference or certification of consent to self-insure issued by the Director of Industrial Relations pursuant to Vehicle Code section 34640(a)(2).
(b) An applicant for a Motor Carrier Permit that does not employ any persons in the motor carrier operation shall certify on an Application for Motor Carrier Permit form [DMV 706 MCP (REV. 4/2003)], under penalty of perjury under the laws of the State of California, that as a motor carrier, no person is employed in any manner so as to become subject to California Workers' Compensation laws pursuant to Vehicle Code section 34640(a)(3).
(c) A motor carrier that becomes subject to California Workers' Compensation laws shall file with the department, within thirty (30) days, a certificate of workers' compensation coverage pursuant to Vehicle Code section 34640(a)(1), or certification of consent to self-insure issued by the Director of Industrial Relations pursuant to Vehicle Code section 34640(a)(2).
(d) Departmental notification of cancellation of insurance shall be on a Notice of Cancellation of Insurance form [DMV 66 MCP (REV. 6/2001)] or Workers' Compensation Notice of Cancellation letter [SCIF 19102 (NO REVISION)], which are hereby incorporated by reference.
NOTE
Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sections 1652, 34621(b)(7) and 34640, Vehicle Code.
HISTORY
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-17-98 order, including amendment of section, transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Renumbering of former section 220.16 to section 220.18 and renumbering and amendment of former section 220.14 to new section 220.16 filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
§220.18. Voluntary Withdrawal.
Note • History
(a) A motor carrier, who wishes to cease operations as a permitted motor carrier, prior to canceling or terminating liability insurance, shall submit a written request on a Request for Voluntary Withdrawal Motor Carriers of Property Permit form [DMV 716 MPC (REV. 6/2001)], which is hereby incorporated by reference.
(b) A refund of the fees for the next permit term shall only be issued when the vehicle will not be operated intrastate in California during the next permit term, and the term of the permit has not yet begun.
NOTE
Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Section 34630(b), Vehicle Code.
HISTORY
1. Renumbering and amendment of former section 220.16 to new section 220.18 filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
Note • History
(a) A seasonal permit shall be issued for a period of no less than six (6) months and no more than eleven (11) months within an assigned twelve (12)-month permit term.
(1) The months may or may not be contiguous.
NOTE
Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Section 7236(a)(3), Revenue and Taxation Code.
HISTORY
1. New section filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52). For prior history, see Register 77, No. 41.
CERTIFICATE OF SELF INSURANCE
§221.00. Requirements to Self-Insure.
Note • History
Qualifications as a self-insurer shall include all of the following requirements:
(a) The applicant shall have more than twenty-five (25) motor vehicles registered in the name of the motor carrier on the Application for Motor Carrier Permit form [DMV 706 MCP (REV. 4/2003)].
(b) The applicant shall complete and submit to the department an assignment(s) of a cash deposit(s) or savings account(s) equal to the monetary amounts as specified in Vehicle Code section 34631.5, subdivision (a), paragraphs (1) and (2) and an additional $5,000 to offset potential administrative costs along with the Assignment to the Department of Motor Vehicles [DMV 133 MCP, (REV. 8/2002)], which is hereby incorporated by reference, assigning the money to the department.
(c) The applicant shall have no unsatisfied final judgment(s) against the motor carrier name, the “Doing Business As” (DBA) name, or trade names listed on the Application for Motor Carrier Permit form [DMV 706 MCP (REV. 4/2003)] resulting from property damages and/or bodily injury (including death) caused by a motor vehicle accident.
NOTE
Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Section 34630, Vehicle Code.
HISTORY
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-17-98 order, including amendment of section, transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
§221.02. Application to Self-Insure.
Note • History
(a) An applicant requesting a Certificate of Self-Insurance [DMV 131 MCP (NEW 4/98)] shall complete, sign and certify under penalty of perjury under the laws of the State of California, an Application for a Certificate of Self-Insurance form [DMV 130 MCP (REV. 7/2002)], which is hereby incorporated by reference, to the department. The application shall be processed at no charge.
(b) The applicant shall indicate the level of financial responsibility requested and statutorily required for the type of commercial transportation operation(s) specified in Vehicle Code section 34631.5, subdivision (a), paragraphs (1) and (2).
(c) The department shall consider and may approve the Application for a Certificate of Self-Insurance in accordance with the provisions of Division 14.85 of the Vehicle Code and Sections 221.00 et seq. of Title 13, Division 1, Chapter 1 of the California Code of Regulations.
(d) The department shall notify an applicant in writing, within seven (7) days of receipt of an application, that it is complete or deficient.
(1) An application is considered complete when the applicable requirements of the Motor Carriers of Property Permit Act self- insurance statutes and these regulations have been fulfilled.
(A) With the determination that an application is complete, a certificate shall be issued.
(2) An application is considered deficient when the applicable requirements of the Motor Carrier of Property Permit Act self-insurance statutes and these regulations are not fulfilled.
(A) With the determination that an application is deficient, the department shall identify the specific requirement(s) needed to complete the application.
(e) An applicant shall respond in ten (10) days with supporting data requested by the department to determine initial eligibility as a self-insurer. Failure to respond may cause immediate cancellation of the application.
NOTE
Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sections 34630, 34631 and 34631.5, Vehicle Code; and Section 15376, Government Code.
HISTORY
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-17-98 order, including amendment of section, transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment of section heading and section filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
§221.04. Assignment of Funds to the Department.
Note • History
After approval, an applicant shall assign funds to the department in the manner described in this section.
(a) The applicant shall assign one or more cash deposits or savings accounts that accumulatively contain the monetary amounts specified in Vehicle Code section 34631.5, subdivision (a), paragraphs (1) and (2).
(b) The assignment of the monetary amount may be accepted on more than one assignment form, an Assignment for a Motor Carrier Certificate of Self-Insurance form [DMV 133 MCP (REV. 8/2002)].
(c) In addition to the statutorily required amount, the applicant shall deposit an additional $5,000 to offset potential administrative costs. Administrative costs that exceed $5,000 shall be paid out of the principal.
(d) An account shall be held in a bank(s) guaranteed by the Federal Deposit Insurance Corporation (FDIC); a savings association(s) guaranteed by the Savings Association Insurance Fund (SAIF); and/or a credit union(s) guaranteed by the National Credit Union Administration (NCUA). The financial institutions holding the funds assigned to the department shall have a physical office located in California.
(e) The applicant shall instruct the financial institution(s) to prepare and forward to the department an Assignment for a Motor Carrier Certificate of Self-Insurance, [DMV 133 MCP (REV. 8/2002)] assigning the above described funds to the department.
NOTE
Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sections 34630 and 34631.5, Vehicle Code.
HISTORY
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-17-98 order, including amendment of section, transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment of section heading and section filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
§221.06. Issuance of the Certificate of Self-Insurance.
Note • History
(a) After the application and assignment(s) are approved, the department shall issue a Certificate of Self-Insurance [DMV 131 MCP (NEW 4/98)], which shall contain an assigned number that serves as written evidence of self-insurance.
(b) The Certificate of Self-Insurance shall only serve as proof of financial responsibility under Vehicle Code section 34631.5, subdivision (a), paragraphs (1) and (2).
NOTE
Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Section 34630(b), Vehicle Code.
HISTORY
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-17-98 order, including amendment of section, transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
§221.08. Cancellation of the Certificate of Self-Insurance.
Note • History
(a) Cancellation of a Certificate of Self-Insurance [DMV 131 MCP (NEW 4/98)], which is hereby incorporated by reference, and self insurance status may be initiated by the department for the following:
(1) Failure to maintain the requirements for obtaining a certificate pursuant to Section 221.020 of Title 13, Division 1, Chapter 1 of the California Code of Regulations.
(2) Failure to submit data in ten (10) days that is requested by the department to investigate and determine ongoing eligibility.
(3) Failure to provide adequate financial responsibility or greater financial responsibility that may be required in the future as a result of a change in statute.
(b) The department retains the authority to cancel the Certificate of Self-Insurance and self insurance status if the motor carrier fails to provide adequate financial responsibility as required in Vehicle Code section 34630.
NOTE
Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sections 34630 and 34631, Vehicle Code.
HISTORY
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-17-98 order, including amendment of section, transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
§221.10. Disbursement of Assignment.
Note • History
(a) The assignment gives the Director the authority to disburse money from the principal and from the $5,000 set aside for administrative costs.
(b) The money shall be disbursed for the following purposes:
(1) A final unsatisfied judgment against the assignor, to the limits set forth in Vehicle Code section 34631.5, subdivision (a), paragraphs (1) and (2), for damages to or destruction of property (other than the property being transported by the carrier), or bodily injury or death to any person arising from the use or operation of a motor vehicle under the Motor Carrier Permit.
(2) Administrative costs incurred by the department to determine legal entitlement to all or a portion of the cash deposit(s) or savings account(s). Costs that exceed $5,000 shall be paid out of the principal.
(3) If the Director, the department, any of its officers or employees, or the State of California is a defendant in any action instituted to recover all or any part of the assigned account, or any action is instituted by the Director, the department, or the State of California to determine those entitled to any part of the account, the department shall be reimbursed for administrative costs from the account(s).
NOTE
Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Section 34630, Vehicle Code.
HISTORY
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-17-98 order, including amendment of section, transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment of subsections (b)(1) and (b)(3) filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
§221.12. Termination of Assignment.
Note • History
(a) A request for termination submitted on a Request to Terminate Self Insurance form [DMV 132 MCP (REV. 3/2001)] shall be deemed a termination of the assignment of the cash deposit(s) or savings account(s) and self-insurance status. The termination shall be processed at no charge.
(b) The Director shall release the money held by the assignment to the assignor seven years after the termination of the Motor Carrier Permit; or when acceptable proof of financial responsibility pursuant to Vehicle Code section 34630 is submitted to the department in the form of a Certificate of Insurance, [DMV 65 MCP (REV. 7/2002)] or a surety bond, [DMV 55 MCP (REV. 10/2003)]; or receipt of an incomplete Application for Motor Carrier Permit form [DMV 706 MCP (REV. 4/2003)] with no further activity. The Director may utilize his/her discretion and release the assignment before the seven-year period is complete when he/she is satisfied that there are no outstanding claims and unsatisfied final judgments against the motor carrier or former motor carrier. A judge of a superior court may order the return of the money held by the assignment prior to the expiration upon evidence satisfactory to the judge that there are no outstanding claims against the money held by the assignment.
(c) The assignment shall be released when the Director orders the assigned account(s) returned.
NOTE
Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Section 34630, Vehicle Code.
HISTORY
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-17-98 order, including amendment of section heading and section, transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
6. Amendment of subsection (b) filed 2-22-2005; operative 3-24-2005 (Register 2005, No. 8).
Article 3.6. Business Partner Automation Program
Note • History
The following definitions shall apply to this article.
(a) “BPA” means the Business Partner Automation Program.
(b) “BPA contract” means an agreement between the State and a qualified private industry first-line business partner or first-line service provider as authorized under Vehicle Code section 1685.
(c) “BPA permit” or “permit” means an Authorized Business Partner Permit, REG 4027 (Rev. 6/2002) that has been issued to a business partner pursuant to these regulations.
(d) “Accountable inventory” means inventory identified by a unique serial number that is assigned by the department. These items are the department issued license plates, year stickers, vessel stickers, and salvage and nonrepairable vehicle certificates. These items are at all times the property of the department.
(e) “Business partner” means a qualified private industry partner as set forth in Vehicle Code section 1685.
(1) A business partner that acts as a registration service is subject to Chapter 2.5, Division 5 of the Vehicle Code unless otherwise exempt.
(2) A business partner that acts as a vessel agent is subject to Chapter 2, Division 3.5 of the Vehicle Code unless otherwise exempt.
(3) A business partner that acts as a dealer is subject to Chapter 4, Division 5 of the Vehicle Code unless otherwise exempt.
(4) A business partner that acts as an automobile dismantler is subject to Chapter 3, Division 5 of the Vehicle Code unless otherwise exempt.
(5) A business partner that acts as a salvage pool is subject to Chapter 3, Division 5 of the Vehicle Code unless otherwise exempt.
(6) A business partner that acts as a rental/leasing company.
(7) A second-line business partner must retain the services of a first-line service provider with an existing, valid BPA contract.
(f) “Controlled inventory” means inventory that may impact the registration of vehicles and collection of fees. These items are the department issued computer DMV 95A paper, Commercial Vehicle Registration Act (CVRA) decals and stickers, PFR stickers and month stickers. These items are at all times the property of the department.
(g) “First-line business partner,” “first-line service provider,” and “second-line business partner” are defined as set forth in Vehicle Code section 1685(b)(1)(A) through (C).
(h) “Interface” means the electronic exchange of information.
(i) A “change in legal structure” means a change between sole owner, partnership, corporation, association, limited liability company or other legal entity.
(j) “Miscellaneous original” means a transaction for an application for California title/ownership certificate when the supporting documentation does not include a California new vehicle report of sale form or a title or evidence of ownership from another state or international jurisdiction and there is no record on the department's vehicle registration (VR) database. This may include:
(1) Unavailable Record (Document submitted may be a California title or registration card, but the vehicle/vessel is not listed in the California vehicle registration database).
(2) No Evidence of Ownership (Document submitted is not recognized by the Polk Motor Vehicle Registration Manual, Title, Registration and Related Procedures for all states as evidence of title/ownership).
(3) Vehicle with Manufacturer's Statement of Origin (MSO) (Document submitted as evidence of title/ownership is a Manufacturer's Statement of Origin (MSO) created by the vehicle's manufacturer).
(4) Vehicle with Manufacturer's Certificate of Origin (MCO) (Document submitted as evidence of title/ownership is a Manufacturer's Certificate of Origin (MCO) created by the vehicle's manufacturer).
(k) “Owner” means sole owner, partner (except for limited partner), limited liability company members, or private and public corporation directors and principal shareholders with ten percent or more interest in the corporation.
l “Permanent Fleet Registration (PFR)” means the intrastate registration of fleet vehicles authorized by Vehicle Code section 5301 to display a permanent license plate sticker on each participating fleet vehicle.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sections 1685 and 5301, Vehicle Code.
HISTORY
1. New article 3.6 (sections 225.00-225.72) and section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New article 3.6 (sections 225.00-225.72) and section refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New article 3.6 (sections 225.00-225.72) and section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment filed 5-22-2009; operative 6-21-2009 (Register 2009, No. 21).
6. Amendment of section and Note filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26).
§225.03. Application Requirements for all Business Partners.
Note • History
A business partner applicant shall complete all requirements and submit to the BPA Program Administrator the following:
(a) A business partner applicant shall complete, sign and submit an application form for the appropriate type of business.
(1) The application form for a first-line business partner is a Business Partner Automation Application First-Line Business Partner form, REG 4024 (REV. 11/2011).
(2) The application form for a first-line service provider is a Business Partner Automation Application First-Line Service Provider form, REG 4023 (REV. 11/2011).
(3) The application form for a second-line business partner is a Business Partner Automation Application Second-Line Business Partner form, REG 4025 (REV. 11/2011).
(4) The application forms identified in Section 225.03(a)(1) through (3) of these regulations are hereby incorporated by reference.
(5) Each business partner owner shall be identified on the application form submitted pursuant to Section 225.03(a)(1) through (3) of these regulations.
(b) A business partner applicant shall pay a non-refundable application fee of $324 for its principal place of business and $130 for each site added with the application. Checks shall be made payable to the Department of Motor Vehicles. This fee shall be paid at the time the application is submitted. An application for a BPA contract shall be submitted via U.S. mail or private courier to the following address: Department of Motor Vehicles, BPA Program Administrator, 2415 1st Avenue, MS C383, Sacramento, CA 95818.
(1) An application shall be valid for one year from the date the application is first received by the department. An applicant that fails to fulfill the requirements identified in this section within one year from the date the application is first received by the department must reapply and pay a new application fee.
(c) A first-line business partner or first-line service provider applicant shall provide the information required by the Business Partner Automation Program Information Security Pre-Implementation Checklist First-Line Business Partner and First-Line Service Provider form, EXEC 5555A (NEW 11/2002). A second-line business partner applicant shall provide the information required by the Business Partner Automation Program Information Security Pre-Implementation Checklist Second-Line Business Partner form, EXEC 5555B (NEW 11/2002). A first-line business partner or first-line service provider shall also provide the information required pursuant to Section 225.12 with respect to the First-line Business Partner or First-Line Service Provider Business Partner contract.
(d) A business partner applicant shall submit a photocopy of the completed and signed Request for Live Scan Service Applicant Submission (License, Certification, Permit Only, or Business Partner Automation Program Participant) form, DMV 8016 (Rev. 2/2008) and a Statement of Personal History Pre-Implementation Screening Process Business Partner Automation Program Privacy Statement and Instructions to Applicant form, REG 4019 (Rev. 11/2002) for each owner and each employee. The Statement of Personal History form and Request for Live Scan Service form are hereby incorporated by reference. A business partner applicant shall submit the documents required by this section for all owners, managers, and administrative staff responsible for the oversight of the program or that manage, administer, supervise, or monitor transactions, inventory, employees, or money; order or account for inventory; and employees that process vehicle registration transactions or work directly with customers.
(1) A business partner applicant located out-of-state or with BPA site locations out-of-state shall be responsible for fingerprinting and obtaining a hardcopy of the results for each owner identified on the application form and each of its employees.
(A) A hardcopy of the fingerprint results and a Statement of Personal History Pre-Implementation Screening Process Business Partner Automation Program Privacy Statement and Instructions to Applicant form, REG 4019 (Rev. 11/2002), for each person shall be sent by trackable mail to the following address: Business Partner Automation Program, 2415 1st Avenue MS C383, Sacramento, CA 95818.
(e) Fingerprints shall not be required when the person to be fingerprinted is a business partner owner that is currently an occupational licensee of the department and has already submitted fingerprints to the department.
(f) The first-line business partner or first-line service provider applicant shall submit evidence of compliance with Section 225.09 of these regulations.
(g) A business partner applicant shall complete, sign and submit the Information Security and Disclosure Statement Firm form, EXEC 201X (REV. 3/2003), which is hereby incorporated by reference.
(h) A business partner applicant that is a registration service, a dismantler or a vehicle dealer licensed by the department shall submit a copy of their Occupational License.
(i) A business partner with BPA site locations out-of-state shall maintain an office in the State of California or designate a registered agent within the State of California for service of process.
(1) The identification of a registered agent within the State of California that is available for service of process shall be provided on an application form identified in Section 225.03(a)(1) through (3) of these regulations.
(j) The department will review a submitted application package and determine whether or not the application package is complete within 30 days of the receipt of the application package. After a determination has been made by the department, written notification shall be sent to the applicant. The department will inform the applicant that the application is complete and acceptable for filing or that the application is deficient and what specific information is required by the applicant. The department will review a complete application package and decide whether or not to grant a contract and/or permit, if applicable, within 90 days of receipt of the complete package.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sections 1652, 1653 and 1685, Vehicle Code.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section with amendments refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency, including amendments to subsections (a)(3), (c) and (d); operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order, including amendment of subsection (g), transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment of subsections (a)(1)-(3), (b) and (d)(1)(B), new subsection (h) and subsection relettering filed 2-22-2006; operative 3-24-2006 (Register 2006, No. 8).
6. Editorial correction of subsection (d) (Register 2008, No. 50).
7. Amendment of subsections (a)(1)-(3), (b) and (c) filed 5-22-2009; operative 6-21-2009 (Register 2009, No. 21).
8. Amendment of section heading and section filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26).
§225.06. Fingerprints. [Repealed]
Note • History
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Section 1685, Vehicle Code.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section with amendment of subsection (a) refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment of subsections (a)(1)(B) and (b)(1)(F) filed 5-22-2009; operative 6-21-2009 (Register 2009, No. 21).
6. Repealer filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26).
§225.09. Financial Security Requirements.
Note • History
(a) Every applicant for issuance or renewal of a first-line business partner or first-line service provider permit shall submit the bond required by Vehicle Code section 1685(b)(2)(C) to the department on a Business Partner Automation Surety Bond (Vehicle Code Section 1685) form, REG 866 (Rev. 11/2008), which is hereby incorporated by reference. The conditions of the bond shall be incorporated in the REG 866 form.
(1) A deposit as provided in Code of Civil Procedure section 995.710 shall be acceptable in lieu of the surety bond.
(b) The amount of financial security required shall be as follows:
(1) A first-line business partner shall maintain a bond in the amount of $650,000.
(2) A first-line service provider shall maintain a bond in the amount of $1,000,000.
(c) The agreement and assignment form accompanying a deposit given in lieu of a surety bond shall be on a Business Partner Deposit Agreement and Assignment (Vehicle Code section 1685 and CCP section 995.710) form, (REG 4029, REV. 10/2008), which is incorporated by reference.
(d) A deposit shall be released by the department when either of the following conditions occur:
(1) Five years after the business partner ceases to do business in the BPA program when the department determines it is satisfied that there are no outstanding claims and unsatisfied final judgments against the business partner, or
(2) When the contract and permit expires and is not renewed and the department is satisfied that there are no outstanding claims and unsatisfied final judgments against the business partner.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Section 1685, Vehicle Code; and Sections 995.360, 995.710 and 995.770, Code of Civil Procedure.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section with amendment of section heading and section refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency, including amendment of subsection (a)(1), new subsection (b)(2) and subsection renumbering; operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order, including amendment of subsections (a)(1) and (a)(3) and new subsections (c)-(e)(3), transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment filed 2-22-2006; operative 3-24-2006 (Register 2006, No. 8).
6. Amendment of section and Note filed 5-22-2009; operative 6-21-2009 (Register 2009, No. 21).
7. Amendment filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26).
§225.12. First-Line Business Partner or First-Line Service Provider Business Partner Contract.
Note • History
(a) A first-line business partner or first-line service provider applicant shall sign the BPA contract prepared on a State of California, Standard Agreement form, STD213 (NEW 2/98) and executed in accordance with the Department of General Services requirements and the State Contracting Manual.
(b) A BPA contract shall be in effect for 36 months. A renewal application and new BPA contract shall be required for each subsequent permit issued to each first-line business partner or first-line service provider. The renewal application process may be started 120 days before the BPA contract and permit expire.
(c) Should any provision of the BPA contract, statute or regulations be deemed illegal or unenforceable, all remaining provisions of the BPA contract, statutes, and regulations shall remain in effect.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sections 1653 and 1685, Vehicle Code.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section with amendment of subsections (b) and (c) refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment of subsection (b) filed 2-22-2006; operative 3-24-2006 (Register 2006, No. 8).
6. Amendment of section heading and section filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26).
§225.15. BPA Permit Authority.
Note • History
(a) No person shall act as a first-line business partner or first-line service provider that is not a party to a currently valid BPA contract.
(b) Upon the execution of the first-line business partner or first-line service provider BPA contract, the department will issue a BPA permit for each site location that the department has determined meets the permit qualifications of Section 225.03, and has not been disqualified pursuant to Section 225.18. The BPA permit shall identify the business as an authorized business partner.
(c) A BPA permit shall be issued to each first-line business partner, first-line service provider and second-line business partner for each site location that the department has determined meets the permit qualifications. Upon the execution of the BPA contract, the department will issue a BPA permit. The BPA permit shall identify the business as an authorized business partner.
(d) The Authorized Business Partner Permit, REG 4027 (Rev. 6/2002) shall be valid for 36 months and displayed during the period of validity within view of the business partner's customers.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sections 1652, 1653 and 1685, Vehicle Code; and 15376, Government Code.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section with amendment of subsection (c) refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment of section heading and section filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26).
§225.18. Cause for Refusal to Enter into a Contract and/or Issue a Permit.
Note • History
(a) The failure of an applicant to establish its honesty, integrity, good character and reputation to the satisfaction of the department is good cause for the department to refuse to enter into a first-line business partner or first-line service provider BPA contract with and/or permit with such applicant.
(b) The failure of an applicant to establish the honesty, integrity, good character and reputation of any of its owners or employees to the satisfaction of the department is good cause for the department to refuse to enter into a first-line business partner and/or first-line service provider BPA contract with and/or permit with such applicant.
(c) The information provided on a Statement of Personal History Pre-Implementation Screening Process Business Partner Automation Program Privacy Statement and Instructions to Applicant form, REG 4019 (Rev. 11/2002), the message(s) from DOJ in response to a fingerprint check and/or other information obtained by the department may be the basis for approval or disapproval of a business partner, business partner owner(s) or employee(s) in meeting the standards stated in Vehicle Code Section 1685(b)(2)(B) to participate in the BPA.
(d) There is good cause for the department to refuse to enter into a BPA contract and/or permit with a business partner applicant if the applicant, one of its owners or employees:
(1) Has been convicted of a felony or a crime, or committed an act or engaged in conduct involving moral turpitude that is substantially related to the function of a BPA business partner.
(2) Is or has been the holder of an occupational license issued by the department that has been suspended or revoked.
(3) Is or has been a managerial employee of an occupational licensee licensed by the department that has been suspended or revoked.
(4) Is or has been a commercial requestor or one of its owners that has been suspended or revoked.
(5) Has failed to comply with Article 3.6, Business Partner Automation (BPA) Program regulations.
(6) Has used a false name, made any false statement, or concealed any material fact in any BPA application or statement of personal history.
(7) Has displayed, caused or permitted a sign, mark or advertisement, or used a “Doing Business As” (DBA) in violation of Vehicle Code section 25.
(8) Has permitted or engaged in fraudulent practices or acts, with reference to clients, members of the public or the department.
(9) Has committed or was responsible for any other act, occurrence, or event in California or any foreign jurisdiction that provides cause for refusal to issue a permit.
(10) Has failed to comply with Vehicle Code section 1685; Division 5, (commencing with Section 11100) of the Vehicle Code, has violated Article 3, commencing with Section 1800, Chapter 1, Division 2 of the Vehicle Code or any regulation adopted under these statutes.
(11) Was a departmental employee dismissed by the department for cause related to honesty, integrity, good character and reputation of the person dismissed by the department within the last ten years.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sections 1653 and 1685, Vehicle Code.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section with amendment of subsections (c) and (d)(10) refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency, including amendment of subsections (c) and (d)(11); operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment of subsections (c) and (d)(10) filed 2-22-2006; operative 3-24-2006 (Register 2006, No. 8).
6. Amendment of subsection (c)(11) filed 7-9-2007; operative 8-8-2007 (Register 2007, No. 28).
7. Amendment of section heading and section filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26).
§225.21. Review of Criminal History Information.
Note • History
(a) In reaching a decision on approval or disapproval of a business partner owner or employee to participate in the BPA, the BPA Program Administrator or a designee may review and consider the criminal history information provided by the California Attorney General pursuant to Penal Code section 11105(b)(10). This information may be used as part of the department's process in reaching a decision as it relates to Sections 225.00 et seq. of these regulations. The BPA Administrator or designee will consider the “Occupational Licensing and Disciplinary Guidelines” (Rev. 4/2010) incorporated by reference in Section 440.04, Article 6.1, Chapter 1, Division 1, Title 13, of the California Code of Regulations in reaching a decision.
(1) Deviation from the Guidelines is appropriate when the Director or designee, in his or her sole discretion, determines that the facts warrant such a deviation, for example, the presence of mitigating factors, how long ago the conduct, action, or offense occurred, evidentiary problems and customer complaints.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Section 1685, Vehicle Code; and Section 11105, Penal Code.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section with amendment of subsection (a) refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment of subsection (a) filed 2-22-2006; operative 3-24-2006 (Register 2006, No. 8).
6. Amendment of subsection (a) and Note filed 5-22-2009; operative 6-21-2009 (Register 2009, No. 21).
7. Amendment filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26).
§225.24. Failure to Meet Security Requirements.
Note • History
The failure of an applicant or a business partner to comply with the information security requirements identified in Section 225.51 shall be good cause for the department to cancel, terminate or refuse to enter into a BPA contract and/or BPA permit with such business partner applicant.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Section 1685, Vehicle Code.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26).
Note • History
(a) The processing of vehicle registration and titling transactions and issuing of vehicle registration indicia and documents by a business partner requires access to the department's data communication system and the vehicle registration and BPA inventory databases through a network approved by the department.
(b) A business partner's interface access shall be compatible with the department's interface. Equipment and software to access and interface with the department's databases shall be the responsibility of the business partner.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sections 1653 and 1685, Vehicle Code.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
§225.30. Electronic Fund Transfer.
Note • History
(a) A business partner shall execute and comply with all terms and conditions of the Electronic Fund Transfer Authorization Agreement for Pre-Authorized Payments (12/2011) (EFT contract) that provides for payment to the department of the fees collected by the business partner and due to the department.
(1) The first-line business partner shall authorize the department to initiate debit entries into the account identified in the EFT contract for payment of all fees collected for and due to the department.
(2) The first-line service provider shall authorize the department to initiate debit entries into the account identified in the EFT contract for payment of all fees collected by its second-line business partners for payment of all fees collected for and due to the department.
(3) When the department is notified by the financial institution of insufficient funds or closed account status, the department shall suspend interface access until payment of all fees and charges. Applicable bank service charges, in addition to a thirty dollar ($30) (returned item) charge, shall be paid to the department.
(4) When the business partner is notified by the department of its insufficient funds or closed account status, the business partner shall make a same-day reimbursement by wire transfer. The reimbursement shall include the exact amount of the electronic billing, the thirty dollar ($30) (returned item) charge, wire transfer processing fee charged to the department by the depository, and any applicable bank service charges.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Section 1685, Vehicle Code.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section with amendments refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment of subsection (a) filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26).
§225.33. Use and Retention of Information.
Note • History
(a) A business partner shall not use any information received from a customer or the department for any purpose other than the purposes authorized by this article.
(b) All information shall be treated as confidential or restricted information and shall retain the protections provided by Vehicle Code sections 1808.21, 1808.45, 1808.46 and 1808.47.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Section 1798.26, Civil Code; and Sections 1685, 1808.21, 1808.45, 1808.46, 1808.47, 1810, 1810.7 and 1811, Vehicle Code.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
Note • History
(a) A business partner renewal applicant shall complete and submit the following to the BPA Program Administrator prior to the expiration of the contract and/or permit term:
(1) A completed and signed Business Partner Automation Renewal Application form, REG 5056 (REV. 11/2011), which is hereby incorporated by reference.
(2) A completed and signed Information Security and Disclosure Statement Firm form, EXEC 201X (REV. 3/2003).
(3) A copy of the business partner's valid Occupational License if applicable.
(4) A non-refundable renewal application fee of $198. Checks shall be made payable to the Department of Motor Vehicles.
(b) A renewal application shall be received 30 days prior to the expiration date on the Authorized Business Partner Permit, REG 4027 (REV. 6/2002), which is hereby incorporated by reference. Applications received after that date shall be required to comply with the original application requirements as specified in Section 225.03 in these regulations. The business partner shall not process any transactions after the expiration of the contract and permit without the completion and approval of the BPA renewal or original application. Upon approval of the department, a new contract and/or permit will be issued.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Section 1685, Vehicle Code.
HISTORY
1. New section filed 2-22-2006; operative 3-24-2006 (Register 2006, No. 8).
2. Amendment of subsection (a)(1) filed 5-22-2009; operative 6-21-2009 (Register 2009, No. 21).
3. Amendment filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26).
§225.36. Change of First-Line Service Provider.
Note • History
(a) If a second-line business partner requests to change its first-line service provider, the second-line business partner shall complete and submit to the BPA Program Administrator a request for a change on the Business Partner Automation Program Service Provider Change Form, REG 4022 (Rev. 4/2010), which is hereby incorporated by reference.
(b) The request shall be completed, signed and submitted to the BPA Program Administrator no less than 20 days prior to any change of first-line service provider.
(c) The second-line business partner shall remain with their current service provider for a minimum of 30 days prior to requesting a service provider change.
(d) The department will process the requested change if the proposed first-line service provider is currently authorized by the department to act as a first-line service provider and the requirements of Section 225.36(a) of these regulations are met.
(e) A second-line business partner and its first-line service provider shall comply with the following procedures when changing first-line service providers.
(1) The second-line business partner shall collect all unassigned accountable and controlled inventory and return the inventory to the first-line service provider within seven days of changing first-line service providers.
(A) The first-line service provider that ordered or shipped the inventory at the time of ordering shall be the first-line service provider that receives the inventory from the second-line business partner.
(2) The first-line service provider may redistribute the unassigned accountable inventory to its other second-line business partners.
(3) A second-line business partner shall remain with a new first-line service provider for a minimum of 30 days at a time.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sections 1652, 1653 and 1685, Vehicle Code.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section with amendment of subsection (a) refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency, including amendment of subsection (a); operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26).
§225.38. First-Line Business Partner and First-Line Service Provider Obligations.
Note • History
(a) A first-line business partner or first-line service provider shall hold the State of California and any political subdivision thereof or any of its officers, agents, or employees harmless for monetary losses caused by the first-line business partner's or first-line service provider's and/or that provider's second-line business partner's misuse of the information obtained from the department or obtained from customers for transactions processed by the first-line business partner or first-line service provider and secured under the bond required by Section 225.09.
(b) A first-line business partner or first-line service provider shall pay to the department monies collected by the first-line business partner or first-line service provider and due to the department, including any transaction fee imposed in regulation or statute by the State under Vehicle Code section 1685.
(c) A first-line business partner or first-line service provider shall reimburse the State of California, or any political subdivision thereof, for any loss or damage that the State of California, or any political subdivision thereof, may suffer by reason of any act of the first-line business partner or first-line service provider, its agents or employees or that provider's second-line business partners arising out of or related to the first-line business partner's or first-line service provider's duties, functions or obligations as a first-line business partneror first-line service provider, in any amount up to the maximum amount secured under the bond required by Section 225.09, when any of the following conditions occur:
(1) Information obtained from the department or customers by false or misleading representations while performing the duties, functions and obligations of a first-line business partner or first-line service provider and/or that provider's second-line business partner.
(2) Information obtained from the department and customers and used for any purpose other than specified in the regulations or first-line business partner or first-line service provider BPA contract.
(3) Any other act resulting in monetary losses being suffered by the State of California, any political subdivision of the State of California, or any of its officers, agents or employees arising out of or related to the duties, functions and obligations of a first-line business partner or first-line service provider and/or a provider's second-line business partner.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Section 1685, Vehicle Code.
HISTORY
1. New section filed 5-22-2009; operative 6-21-2009 (Register 2009, No. 21).
2. Amendment of section heading and section filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26).
§225.39. Business Partner Responsibilities.
Note • History
(a) First-line service providers shall be responsible for:
(1) Providing oversight for their second-line business partners to ensure they are in compliance with the terms and conditions of their BPA contracts.
(2) Ensuring that their prospective second-line business partners submit all application requirements pursuant to Section 225.03 of these regulations.
(3) Ordering and distributing inventory for their second-line business partners.
(4) Establishing an automated inventory tracking and assignment system to track accountable inventory shipped to the first-line service provider or their second-line business partner. The automated inventory tracking and assignment system shall be capable of recording the date received, status, and location of all accountable inventory.
(5) Tracking and monitoring the issuance of accountable and controlled inventory assigned to their second-line business partners.
(6) Ensuring that none of their second-line business partners have more than a three (3) month supply of inventory in their possession at any time.
(7) Submitting comprehensive quarterly physical inventory reports for their second-line business partners on a “Physical Inventory Non-DMV Entities” form, ADM 175A (Rev. 2/2000).
(8) Establishing security awareness and education programs and measures to ensure that all of their second-line business partners are aware of the first-line service provider's procedures for protecting the confidentiality of records.
(9) Ensuring that all of their second-line business partners have implemented the physical security required in this article and by the BPA contract to prevent and discourage inadvertent or deliberate alteration, disclosure, destruction, loss, misuse, or theft of DMV records, proprietary assets, and accountable and controlled items in their possession.
(10) Controlling access to the department's vehicle registration and titling and inventory databases by use of an authentication credentialing system that shall identify, authenticate and authorize access for each individual user.
(11) Providing registration and titling training for their second-line business partners authorized to participate in the BPA program.
(12) Auditing and reconciling transactions processed by their second-line business partners.
(13) Submitting all transactions to the department within twenty (20) days of the date the transaction was processed.
(14) Ensuring that all of their second-line business partners comply with the advertising requirements identified in any agreement with the department.
(15) Submitting all fees collected for and due to the department.
(16) Ensuring that their second-line business partners only process the types of vehicle transactions authorized for each second-line business partner.
(b) Whenever the State examines, audits or investigates any second-line business partner, the second-line business partner shall pay, within thirty (30) days after receipt of a statement from the State, the reasonable costs incurred by the State for the performance of the examination, audit or investigation, including, but not limited to:
(1) The reasonable amount of the salary and/or other compensation paid to the persons making the examination, audit or investigation.
(2) The reasonable expenses for travel, meals and lodging of the persons making the examination, audit or investigation.
(3) The reasonable amount of any other expenses, including overhead.
(c) When the second-line business partner fails to pay the department for the examination, audit or investigation within the thirty (30) days as required in Section 225.39(b) of these regulations, the first-line service provider that provides the interface access to the department for the second-line business partner shall be billed by the department and have thirty (30) days from the billing date to pay for the examination, audit or investigation.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sections 1652, 1653, and 1685, Vehicle Code.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section with amendment of section heading and section refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment of subsection (a)(7), new subsection (a)(16) and amendment of subsection (c) filed 7-9-2007; operative 8-8-2007 (Register 2007, No. 28).
§225.42. Business Partner Changes.
Note • History
(a) A business partner shall notify the BPA Program Administrator within the timeframes identified for the changes listed in Sections 225.42(a)(1) through (7) of these regulations on a Business Partner Automation Program Application for Changes form, REG 4026 (Rev. 11/2011), which is hereby incorporated by reference. The completed and signed Business Partner Automation Program Application for Changes form shall be sent by U.S. mail or private courier to the Department of Motor Vehicles, BPA Program Administrator, 2415 1st Avenue, MS C383, Sacramento, CA 95818. The following changes shall be entered on the Business Partner Automation Program Application for Changes form:
(1) Closing a site, identified by the site identification number. The business partner shall notify the BPA Program Administrator no more than five days after the closure of the site.
(2) Changing the business, corporate, or limited liability company or DBA name. The business partner shall notify the BPA Program Administrator no more than 20 days after the effective date of the name change.
(3) Adding a site. A nonrefundable processing fee of $175 shall be submitted to the BPA Program Administrator with the Business Partner Automation Program Application for Changes form when a business partner adds a site after receiving their permit.
(4) Changing the address of a principal place of business or site; or changing processing address only. The business partner shall notify the BPA Program Administrator no less than 20 days prior to the address change.
(5) Adding an employee. A business partner shall not permit an employee to access DMV inventory or data unless the business partner has complied with the requirements of Section 225.03(d) of these regulations and has received approval from the department under Section 225.18(c) for the employee to have access to DMV inventory and data.
(6) Deleting an employee. The business partner shall notify the BPA Program Administrator no more than five days after deleting an employee from the BPA program. The business partner shall identify the reason for deleting an employee.
(A) A business partner that terminates an employee for cause related to honesty, integrity, good character and reputation, pursuant to Vehicle Code section 1865, shall notify the BPA Program Administrator no more than one day after the termination date.
(B) A business partner that terminates an employee for cause unrelated to honesty, integrity, good character and reputation, pursuant to Vehicle Code section 1865, shall notify the BPA Program Administrator within five days after the termination date.
(7) Changing controlling director(s) and/or officer(s); changing member(s) of a limited liability company; changing management and/or supervising BPA personnel; or changing partner(s) or stockholder(s). The business partner shall notify the BPA Program Administrator no more than 20 days after the effective date of the change.
(8) Changing a preapproved floorplan and/or adding a terminal. The business partner shall notify the BPA Program Administrator no less than 20 days prior to the change.
(9) Change of “Doing Business As” (DBA) name.
(10) Change of mailing address.
(b) A business partner shall notify the BPA Program Administrator in a signed and written notification on business partner letterhead and sent by facsimile, U.S. mail, or private courier no more than five days after the effective date of the following changes:
(1) Change of operations contact person.
(2) Change of registered agent for service of process.
(c) A business partner shall notify the BPA Program Administrator in a signed and written notification on business partner letterhead and sent by facsimile, U.S. mail, or private courier at least 60 days prior to the effective date of a change of the account number identified pursuant to Section 225.30 of these regulations.
(1) A change of the account number shall require a new Electronic Fund Transfer Authorization Agreement for Preauthorized Payments (12/2011) (EFT contract) pursuant to Section 225.30 of these regulations.
(d) The business partner shall notify the BPA Program Administrator in a signed and written notification on business partner letterhead and sent by facsimile, U.S. mail, or private courier within seven days of a change of telephone number.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sections 1652, 1653 and 1685, Vehicle Code.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section with amendments refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency, including amendment of subsections (a) and (a)(6)(A) and new subsection (a)(6)(B); operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of subsection (a)(6) (Register 2003, No. 33).
5. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
6. Amendment of subsection (a) filed 2-22-2006; operative 3-24-2006 (Register 2006, No. 8).
7. Amendment filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26).
Note • History
(a) A business partner shall complete a Business Partner Automation Disclaimer form, REG 4020 (Rev. 7/2010), which is hereby incorporated by reference, for each DMV transaction when a customer fee is charged.
Exceptions: (1) A business partner completing a conditional sales contract or lease agreement pursuant to Civil Code section 2982, 2982.5 or 2985.8 may disclose the amount of any optional Business Partnership Automation program fee to process transactions identified in Section 225.45(b)(1) through (3) of these regulations using the sales contract or lease agreement in place of the Business Partner Automation Disclaimer form. (2) A business partner acting as a salvage pool, as specified in Vehicle Code section 543, shall be exempt from completing the form. (3) A business partner acting as a licensed registration service, as specified in Vehicle Code section 505.2, may disclose the amount of any optional Business Partnership Automation program fee to process transactions using the methods required under Section 330.30, of Title 13 in the California Code of Regulations in place of the Business Partner Automation Disclaimer form.
(1) The business partner shall obtain the customer's signature on the form after the business partner enters on the form the fee amount that the business partner is charging to process the transaction.
(2) The business partner shall provide the completed original of the Business Partner Automation Disclaimer form to the customer, shall keep a completed copy, and shall send a copy to the department with the transaction documents. Voided copies of the form shall be retained with the completed copies kept by the business partner pursuant to Section 225.60 of these regulations.
(b) A customer may be charged the following maximum amounts for each type of transaction processed through to completion by a business partner:
(1) A business partner, that is a licensed vehicle dealer and/or a licensed dismantler and meets the definition of a vehicle dealer as defined in Vehicle Code section 285 or a vehicle dismantler as defined in Vehicle Code sections 220, may charge up to $25 for any transaction authorized under the Business Partnership Automation Program, in addition to any other fees authorized by statute.
(c) A business partner, that is a licensed salvage pool and meets the definition of a salvage pool as defined in Vehicle Code section 543, is not authorized to charge a fee for vehicle license fee refund transactions.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Section 1685, Vehicle Code.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section with amendments refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency, including amendment of subsection (a); operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order, including further amendment of section, transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment of subsection (a) filed 7-15-2004; operative 8-14-2004 (Register 2004, No. 29).
6. Amendment of subsections (a) and (b), new subsections (b)(1)-(3) and repealer and new subsection (c) filed 2-22-2006; operative 3-24-2006 (Register 2006, No. 8).
7. Amendment of subsection (b)(2) filed 7-9-2007; operative 8-8-2007 (Register 2007, No. 28).
8. Amendment of subsections (a) and (b)-(b)(2), new subsection (b)(3), subsection renumbering and amendment of newly designated subsection (b)(4) and subsection (c) filed 5-22-2009; operative 6-21-2009 (Register 2009, No. 21).
9. Amendment filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26).
Note • History
(a) A first-line business partner and a first-line service provider shall pay a transaction fee to the department, pursuant to subdivision (d) of Vehicle Code section 1685, in the amount provided and on the date specified in Article 6.0, Section 423.00, of Title 13, in the California Code of Regulations for each transaction processed through to completion. The transaction fee may be charged to the customer in addition to the customer fees authorized in Section 225.45 of these regulations.
Exception: Payment of a transaction fee for vehicle license fee refund transactions shall not be required.
(b) The transaction fee shall be paid to the department by the due date designated on the billing notice. The payment of the fee based on the billing notice shall be sent by trackable US mail or private carrier to: Department of Motor Vehicles, BPA Program Administrator, 2415 1st Avenue, MS-C383, Sacramento, CA 95818.
(c) Upon notification of insufficient funds or closed account status for the payment of transaction fees or failure to pay by the due date designated on the billing notice, the department shall suspend interface access until payment for all fees and charges is received.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Section 1685, Vehicle Code.
HISTORY
1. New section filed 12-23-2003; operative 1-1-2004 pursuant to Government Code section 11343.4 (Register 2003, No. 52).
2. Amendment of subsections (a) and (b) filed 2-22-2006; operative 3-24-2006 (Register 2006, No. 8).
3. Amendment of subsections (a) and (b) filed 5-22-2009; operative 6-21-2009 (Register 2009, No. 21).
§225.51. Information Security Requirements.
Note • History
(a) A business partner, its owners and employees shall comply with the department's IT Security Guidelines for Use in BPA Program (January 2004), which is hereby incorporated by reference, when processing transactions through the American Association of Motor Vehicle Administrators AAMVAnet conduit. A business partner, its owners and employees shall comply with the department's California DMV Security Requirements for the Internet--Business Partners (Revised November 2004), which is hereby incorporated by reference, when processing transactions through the Internet.
(b) A business partner, its owners and employees shall comply with the Information Practices Act of 1977 (Section 1798 et seq. of the Civil Code), the Public Records Act (Section 6250 of the Government Code), Sections 1808.21 and 1808.47 of the Vehicle Code, Sections 11015.5 and 11019.9 of the Government Code, and any and all related statutes pertaining to information security.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Section 1798.19, Civil Code, Sections 6250, 11015.5, 11019.9, Government Code; and Sections 1685, 1808.21 and 1808.47, Vehicle Code.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section with amendment of subsection (a) refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency, including amendment of subsection (a); operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment of subsection (a) filed 7-15-2004; operative 8-14-2004 (Register 2004, No. 29).
6. Amendment of subsection (a) filed 2-22-2006; operative 3-24-2006 (Register 2006, No. 8).
§225.54. Transaction Procedures and Inventory Requirements.
Note • History
A business partner shall process transactions and control inventory according to the BPA Transaction Procedures and Inventory Requirements Handbook (Revised November 2011), which is hereby incorporated by reference.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Section 1685, Vehicle Code.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section with repealer and new section refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency, including amendments; operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order, including further amendment of section, transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment filed 7-15-2004; operative 8-14-2004 (Register 2004, No. 29).
6. Amendment filed 2-22-2006; operative 3-24-2006 (Register 2006, No. 8).
7. Amendment filed 7-9-2007; operative 8-8-2007 (Register 2007, No. 28).
8. Amendment filed 5-22-2009; operative 6-21-2009 (Register 2009, No. 21).
9. Amendment filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26).
Note • History
[Reserved for future use.]
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Section 1685, Vehicle Code.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section with amendment of section heading and repealer and reservation of section number refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. Repealer and reservation of section number refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
§225.60. Retention of Business Records.
Note • History
(a) Each business partner shall maintain all business records related to the BPA program. These records shall be retained for the term of the BPA permit in which they pertain, for three years following the termination, cancellation or expiration of the BPA permit and during any ongoing examination, audit and investigation pursuant to Sections 225.63 and 225.66 of these regulations.
(b) Upon the department's request, all business records shall be immediately made available during normal business hours to the department's representative.
(1) A business partner's out-of-state site locations may be issued a permit only if the business partner agrees in writing, and subject to the sole discretion of the BPA Program Administrator, to (1) make the business records available in California for an examination, investigation or to complete an audit or (2) pay the reasonable costs of an examination, audit or investigation, including but not limited to the expenses for travel, meals and lodging of the department's representative incurred during an investigation or audit made at the business partner's out-of-state location.
(c) A business partner shall retain the business records at the business partner's principal place of business.
(d) The business records required to be maintained by the business partner pursuant to these BPA regulations under Article 3.6 are records of the department.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Section 1685, Vehicle Code.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section with amendment of subsection (b)(1) refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order, including amendment of subsection (b)(1), transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment of subsections (a) and (d) filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26).
Note • History
(a) This section shall not apply to a second-line business partner. A business partner shall hire an independent auditor to perform three compliance audits during the term of the BPA contract. The audits shall be conducted by an independent auditor in accordance with generally accepted government auditing standards and the department's BPA Audit Plan, which consists of the Independent Audit Plan (August 30, 2002) and Independent Audit Program (August 30, 2002). The independent auditor shall keep confidential the department's business practices obtained in the course of an audit.
(1) An audit is required for each 12 month period of the BPA contract. Each audit shall be completed within 90 days of the end of each 12 month audit period. A copy of the audit report, including any findings and recommendations, shall be submitted to the department within 60 days of completion of each audit.
(2) The independent auditor shall be licensed as a certified public accountant in good standing in the state where the site is located.
(3) The independent auditor shall not be part of the ownership or involved in the operation or overview of any part of the business partner's business(es).
(b) The independent auditor shall sign a Registration Operations Branch Business Partner Automation Program Representative Non-Disclosure Statement form, REG 4028 (REV 4/2003), which is hereby incorporated by reference, agreeing to protect as confidential information all department records and information including, but not limited to, residence/mailing addresses.
(1) The Registration Operations Branch Business Partner Automation Program Representative Non-disclosure Statement form shall be kept with the business partner's BPA business records and available for audit.
(c) The independent auditor shall provide the business partner audit report, the independent auditor's findings and any suggested corrective action plan or audit response developed by the business partner to the department at the following address: Department of Motor Vehicles, Audits Office, P.O. Box 932328, MS H121, Sacramento, CA 94232-3280.
(1) Audits of second-line business partners shall require that a copy of the audit report, findings and any suggested corrective action plan or audit response be sent to the department and the first-line service provider by the independent auditor. The first-line service provider shall retain and maintain a copy of the audit report and corrective action plan or audit response pursuant to Section 225.63.
(d) A business partner shall inform the BPA Program Administrator when an independent auditor is no longer employed by the business partner to perform an audit. This notice shall be sent within seven days of release of the independent auditor. The signed and written notice on business partner letterhead shall be sent by facsimile, U.S. mail, or private courier when an independent auditor is released from service.
(e) A business partner's principal place of business shall be open during normal business hours for an electronic or manual audit of the records required to be retained immediately upon a request from the State.
(f) The department may conduct a standard random audit to verify compliance without reimbursement from a business partner.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Section 1685, Vehicle Code.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section with amendments refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency, including amendment of subsections (a)(1)(A) and (b); operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order, including amendment of subsection (d) and new subsection (f), transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment of subsections (a)(1)-(a)(1)(A) and (c) filed 7-9-2007; operative 8-8-2007 (Register 2007, No. 28).
6. Amendment filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26).
§225.66. Investigation and Review.
Note • History
(a) The department may exercise any and all authority and powers available to it under any other provisions of law to administer and enforce this article, including, but not limited to, examining, auditing and investigating the business partner's books and records, and charging and collecting the reasonable costs for these activities. Any civil, criminal, and administrative authority and remedies available to the department may be sought and employed in any combination deemed advisable by the department to enforce the provisions of this article. Nothing in this section shall be construed to impair or impede the department's authority under any other provision of law.
(b) The State may examine, audit, or investigate a business partner's activities under Vehicle Code section 1685, these regulations, and any agreement between a business partner and the State even if the BPA contract or permit is terminated, cancelled or expires. The examination, audit or investigation may relate to any matter, including, but not limited to, procedures, operations and finances relating to the business partner activity. The business partner shall make available to the State all of its records and reports relating to the conduct of the activity, whether hard copy, or stored in electronic media. Failure by a business partner to comply with the provisions of this section shall be cause for immediate termination of a business partner's permit and contract, if applicable.
(c) Whenever the department examines, audits or investigates any business partner, that business partner shall pay, within 30 days after receipt of a statement from the department, the reasonable costs incurred by the department for the performance of the examination, audit or investigation, including, but not limited to:
(1) The reasonable amount of the salary and/or other compensation paid to the persons making the examination, audit or investigation.
(2) The reasonable expenses for travel, meals and lodging of the persons making the examination, audit or investigation.
(3) The reasonable amount of any other expenses, including overhead.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Section 1685, Vehicle Code.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section with amendments refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment of subsections (b) and (c) filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26).
§225.69. Cancellation or Termination of a BPA Contract and Permit.
Note • History
(a) A first-line business partner and first-line service provider shall cancel a BPA contract and permit by notifying the BPA Program Administrator in a signed and written notification on business partner letterhead and sent by facsimile, U.S. mail, or private courier no less than 30 days prior to the cancellation.
(1) A second-line business partner shall cancel a BPA permit by notifying its first-line service provider and the BPA Program Administrator in signed and written notifications on business partner letterhead and sent by facsimile, U.S. mail, or private courier no less than thirty (30) days prior to the cancellation.
(b) The department may terminate a BPA contract and/or permit at any time without notice for any cause listed in Section 225.18 of these regulations.
(1) A business partner terminated for cause may not submit a new application until one year after the date its BPA contract and/or permit was terminated by the department for cause.
(c) The department may terminate a BPA contract and/or permit without cause upon 30 days written notification to a business partner.
(d) Upon the department's request, regardless of the reason, or upon the termination, cancellation or expiration of the BPA contract and/or permit, a business partner shall immediately discontinue the use of electronic interface access and the issuance of any and all DMV inventory, including, but not limited to, license plates, stickers and DMV95A paper.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Section 1685, Vehicle Code.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section with amendments refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26).
Note • History
(a) A first-line service provider shall comply with the following procedures to close a site location within 30 days of cancellation or expiration of the BPA contract and/or permit:
(1) The first-line service provider shall collect all unassigned accountable and controlled inventory from all of its second-line business partner sites.
(2) The first-line service provider shall complete a Physical Inventory (Non-DMV Entities) form, ADM 175A (Rev. 2/2000), which is hereby incorporated by reference, by recording all of the unassigned accountable inventory on the form and signing the form.
(3) The first-line service provider shall update the status of its unassigned accountable inventory on the BPA Inventory Database system.
(4) The first-line service provider shall return the Physical Inventory (Non-DMV Entities) form and all unassigned accountable inventory by trackable U.S. mail or private carrier to: Department of Motor Vehicles, Forms and Accountable Items Section, 2570 24th Street, MS G202, Sacramento, CA 95818.
(5) The first-line service provider shall return all unassigned controlled inventory by trackable U.S. mail or private carrier to: Department of Motor Vehicles, Inventory Management, 4201 Sierra Point Drive, Suite 112, Sacramento, CA 95834.
(6) The first-line service provider shall return all transactions and supporting documentation by trackable U.S. mail or private carrier to: Department of Motor Vehicles, Business Partner Automation Audits Unit, 2415 1st Ave, MS C380, Sacramento, CA 95818.
(7) The first-line service provider shall return the permit by trackable U.S. mail or private carrier to: Department of Motor Vehicles, BPA Program Administrator, 2415 1st Avenue, MS C383, Sacramento, CA 95818.
(b) A first-line business partner shall comply with the following procedures to close a site location within 30 days of cancellation or expiration of the BPA contract and/or permit.
(1) The first-line business partner shall collect all unassigned accountable and controlled inventory from all branch site locations.
(2) The first-line business partner shall complete a Physical Inventory (Non-DMV Entities) form, ADM 175A (Rev. 2/2000), by recording all unassigned accountable inventory on the form and signing the form.
(3) The first-line business partner shall record the status of its accountable inventory on the BPA Inventory Database system.
(4) The first-line business partner shall return the Physical Inventory (Non-DMV Entities) form and all unassigned accountable inventory by trackable U.S. mail or private carrier to: Department of Motor Vehicles, Forms and Accountable Items Section, 2570 24th Street, MS G202, Sacramento, CA 95818.
(5) The first-line business partner shall return all unassigned controlled inventory by trackable U.S. mail or private carrier to: Department of Motor Vehicles, Inventory Management, 4201 Sierra Point Drive, Suite 112, Sacramento, CA 95834.
(6) The first-line business partner shall return all transactions and supporting documentation by trackable U.S. mail or private carrier to: Department of Motor Vehicles, Business Partner Automation Audits Unit, 2415 1st Ave, MS C380, Sacramento, CA 95818.
(7) The first-line business partner shall return the BPA permit by trackable U.S. mail or private carrier to: Department of Motor Vehicles, BPA Program Administrator, 2415 1st Avenue, MS C383, Sacramento, CA 95818.
(c) A second-line business partner and its first-line service provider shall comply with the following procedures to close a second-line business partner site location within 30 days of cancellation or expiration of the BPA permit.
(1) The second-line business partner shall collect all unassigned accountable and controlled inventory and return it to its first-line service provider within seven days of the cancellation or expiration of the BPA permit.
(2) The first-line service provider may redistribute the unassigned accountable inventory to its other second-line business partners.
(3) The second-line business partner shall return all transactions and supporting documentation to its first-line service provider within seven days of the cancellation or expiration of the BPA permit. The first-line service provider shall return all transactions and supporting documentation by trackable U.S. mail or private carrier to: Department of Motor Vehicles, Business Partner Automation Audits Unit, 2415 1st Ave, MS C380, Sacramento, CA 95818.
(4) The second-line business partner shall return the BPA permit by trackable U.S. mail or private carrier to: Department of Motor Vehicles, BPA Program Administrator, 2415 1st Avenue, MS C383, Sacramento, CA 95818.
NOTE
Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Section 1685, Vehicle Code.
HISTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency, including amendment of subsections (a)(6) and (c)(3); operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment of subsections (a)(7), (b)(7) and (c)(4) filed 2-22-2006; operative 3-24-2006 (Register 2006, No. 8).
6. Amendment of subsections (a)(4), (a)(6)-(7), (b)(4), (b)(6)-(7) and (c)(3)-(4) filed 5-22-2009; operative 6-21-2009 (Register 2009, No. 21).
7. Amendment filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26).
Article 4. Occupational Licenses
§250.00. Occupational License Application Requirements.
Note • History
Occupational license application:
(a) Shall be submitted to the department at any of its locations.
(b) Shall be on the forms prescribed by the department.
(c) Shall be complete and contain the information required in this article.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11102, 11102.5, 11104, 11501, 11601, 11602, 11701 and 11704, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 414.00 to section 250.00 and relocation of article heading filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§250.02. Time Requirements for Submitting Application.
Note • History
An applicant for an occupational license or a licensee wishing to change an existing license shall submit the required forms to the department at least three (3) business days prior to the desired effective date of such application or change.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11100, 11500, 11600 and 11700, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 414.01 to section 250.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§252.10. Business License Definition.
Note • History
A business license is a license issued to any of the following categories: Dealer, lessor-retailer, dismantler, manufacturer, distributor or transporter.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11500, 11600 and 11700, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 414.10 to section 250.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§252.20. Business License Application Requirements.
Note • History
An application for a business license issued by the department shall contain, but is not limited to, the following:
(a) Name of the business.
(b) Location of the business including street, address, city, and zip code of the principal place of business and any branch locations. Exception: The location of business requirement is not necessary when the applicant only wishes to determine if the department would grant the applicant a license because of previous business or personal irregularities.
(c) Type of business license requested, i.e., dealer, manufacturer, transporter, etc.
(d) If the application is for a dealer's license, then the applicant must specify the type of vehicles to be sold. Also, if new vehicles are to be sold the applicant must include the name or names of vehicles he is enfranchised to sell and the name or names and address of the manufacturer or distributor who has enfranchised the applicant.
(1) All new motor vehicle dealers, except recreational vehicle dealers, shall submit the form required pursuant to Section 3062 of the Vehicle Code.
(e) The type of ownership, i.e., individual, partnership, or corporation. If the applicant is a partnership, then the names and titles of all partners shall be disclosed. If the applicant is a corporation, then the names and titles of all controlling stockholders, directors, and officers who by reason of the facts and circumstances could be directing, controlling, or managing the vehicle marketing affairs of the licensed entity in this state.
(1) Any person required to be identified in subdivision (e) above shall submit to the department a personal history statement and a set of properly completed fingerprint cards on departmental forms. Exception: A corporation which is an applicant for a manufacturer or distributor license and which has authorized and is permitted to sell stock of the corporation to the general public may not be required, upon investigation by the department, to submit fingerprint cards as part of the application.
(2) The following information, but not limited to, shall be on the personal history statement:
(A) The true name of the applicant.
(B) The applicant's residence address, including zip code.
(C) The applicant's business and home telephone numbers.
(D) The applicant's physical description including gender, color of hair, color of eyes, height, weight and birthdate.
(E) If the applicant holds a valid driver's license, the number and state of issuance of such license.
(F) Any name or names the applicant has been known by or used other than the true name appearing on the application.
(G) The applicant's experience and employment record for the past three years.
(H) The applicant's personal business history with specific reference to previous bankruptcies, previous applications submitted to the department for an Occupational License and if the applicant was the subject of a disciplinary action by the department while an Occupational Licensee.
(I) A statement disclosing whether or not the applicant was either a sole owner, partner, officer, director or stockholder of a firm that had either a civil or criminal judgment rendered against it.
(J) A statement disclosing whether the applicant, has ever been convicted, fined or placed on probation for any crime or offense either felony or misdemeanor, excluding traffic offenses.
(f) The property data for the business location including size, property owner's name and address, and if the property is rented or leased, the owner's or lessor's name and address.
(g) The name, address and telephone number of the bank where the applicant's business account, if any, is carried as well as the name under which the account is carried if not the same name as on the application, and the name of persons authorized to draw funds or issue checks from the account.
(h) If the application is for a manufacturer's or manufacturer's branch license, the names and addresses of all distributors and representatives acting for the applicant in this state and all dealers franchised by said applicant in this state and business addresses of such dealers. Thereafter, all manufacturers or manufacturer's branches shall inform the department within 30 days of any change in the list of representatives or dealers.
(i) If the application is for a distributor's or distributor's branch license, the name of the manufacturer for whom the distributor will act, the names and business addresses of all representatives acting for the applicant in this state and the names and business addresses of all dealers in this state franchised by the applicant. Thereafter, all distributors shall inform the department within 30 days of any change in the list of representatives and dealers.
(j) If the application is for a dealer's or lessor-retailer's license, the bond and certificate of appointment as required in Sections 11710 and 11710.1 of the Vehicle Code. Exception: The bond and certificate of appointment requirement is not necessary when the applicant only wishes to determine if the department would grant the applicant a license because of previous business or personal irregularities.
(k) Appropriate fees.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11501, 11504, 11601, 11602, 11701, 11704 and 11712, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 414.20 to section 252.20 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§252.30. Time Requirements for Any Change in License.
Note • History
Every person holding a business license shall notify the department within 10 days prior to the effective date of any change in the ownership. Except a corporation modifying its corporate structure shall submit the appropriate forms necessary to record the change within 30 days of the effective date.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11704 and 11721(d), Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 414.30 to section 252.30 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§252.40. Branch Location Application Requirements.
Note • History
If an occupational licensee wishes to add a branch location, then the licensee shall submit to the department the following:
(a) The location of the branch location, including street, address, city, and zip code.
(b) If new vehicles are to be sold, then the name or names of the new vehicles for which the applicant is enfranchised to sell or exchange at that location and the name or names and address of the manufacturer or distributor enfranchising the applicant.
(1) All new motor vehicle dealers, except recreational vehicle dealers, shall submit the form required pursuant to Section 3062 of the Vehicle Code.
(c) The appropriate fees as required by the California Vehicle Code.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 3062, 9262, 9550, 11704 and 11712, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 414.40 to section 252.40 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§253.02. License Renewal Terms.
Note • History
(a) The department shall issue a renewal license for a two-year term, pursuant to Vehicle Code Section 1665, to an All Terrain Vehicle Safety Organization, Dealer, Dismantler, Distributor, Driving School Owner, Lessor-Retailer, Manufacturer, Registration Service, Remanufacturer, Traffic Violator School Owner, or Transporter. The first two-year term occupational license shall be issued based on the following criteria:
(1) Licenses issued prior to January 1, 2006, with a date-in-business in an even year, will be issued a two-year renewal term when the license expires in 2006.
(2) Licenses issued prior to January 1, 2006, with a date-in-business in an odd year, will be issued a two-year renewal term when the license expires in 2007.
(3) Licenses issued on or after January 1, 2006, will be issued a two-year renewal term upon the first expiration date of the license.
(b) Any dealer required to provide evidence of successful completion of an educational program pursuant to Vehicle Code Section 11704.5(c)(1), in conjunction with the first two-year term license renewal, shall be exempt from subdivision (a)(1) thru (3).
(c) The fee for a license issued for a two-year term shall be twice the licensing fee established in statute for the specific type of license.
(d) Any authorizing indicia issued in conjunction with the renewal of a license shall be issued for the same term as the license. The fee for the indicia shall be twice the fee established in statute for the specific indicia.
NOTE
Authority cited: Sections 1651, 1665 and 11202(a)(2), Vehicle Code. Reference: Sections 11105, 11105.2, 11105.6, 11204, 11208, 11409, 11410, 11500, 11508, 11601, 11620, 11700 and 11704.5, Vehicle Code.
HISTORY
1. New section filed 12-16-2005; operative 1-1-2006 pursuant to Government Code section 11343.4 (Register 2005, No. 50).
Article 4.1. Advertising by Occupational Licensee
§255.00. “Advertising” Defined.
Note • History
(a) In the broad context of Vehicle Code Section 11713(a), any statement advertised refers to any statement, representation, act or announcement intentionally communicated to any member of the public by any means whatever, whether orally, in writing or otherwise.
(b) As used elsewhere in the Vehicle Code and in this article, the terms “advertising,” “advertisement,” or “advertise” refer to a statement, representation, act or announcement intentionally communicated to the public generally for the purpose of arousing a desire to buy or patronize.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Division 5, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 402.00 to section 255.00 and adopting new article 4.1 heading filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§255.01. “Dealer's Cost” Defined.
Note • History
“Dealer's cost,” “factory invoice,” or similar terms are defined as the actual cost to the dealer of any vehicle or part thereof delivered to the dealer's place of business. “Dealer's cost” or similar terms do not include expenses incurred by the dealer such as flooring, overhead, commissions, dealer advertising, or other costs.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11713 and 11713.1, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 402.01 to section 255.01 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§255.02. “Demonstrator” Defined.
Note • History
A “demonstrator” is a vehicle specifically assigned by a dealer to be regularly used for the purpose of demonstrating qualities and characteristics common to vehicles of the same or similar model and type. A vehicle in a dealer's inventory which is only occasionally demonstrated to a prospective purchaser whose interest has focused on a particular vehicle is not a “demonstrator.”
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 665 and 11713, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering and amending former section 402.02 to section 255.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
Unless otherwise provided, the provisions of Sections 255.00 through 262.09 are intended to govern the advertising of all entities subject to licensure by the Department of Motor Vehicles under Chapters 3.5 and 4 of Division 5 of the Vehicle Code.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Division 5, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering and amending former section 402.04 to section 255.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
Any advertised statements, representations, or offers made in connection with the sale or attempted sale of any vehicle(s) shall be clearly set forth, and based on facts and shall be subject to these regulations and the Vehicle Code.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614 and 11713, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 403.00 to section 260.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§260.01. Vehicle Description. [Repealed]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 665, 11614, 11713, 11713.1 and 11713.5, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 403.01 to section 260.01 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Change without regulatory effect repealing section filed 2-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 8).
Note • History
(a) Express advertisements of a vehicle's prior use or ownership history must be accurate.
(b) Former taxicabs, rental vehicles, publicly owned vehicles, insurance salvage vehicles and revived salvage vehicles shall be clearly identified as such if the previous status is known to the seller.
(c) If a vehicle is advertised and/or sold as a “demonstrator” and such a vehicle has been previously registered or sold to a retail purchaser, the selling dealer shall clearly disclose to the buyer the fact of such prior registration or sale before obtaining the buyer's signature on a purchase order or sales contract.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614 and 11713, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 403.02 to section 260.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
Statements of vehicle condition must accurately reflect the known condition, and pictures of vehicles must accurately depict their overall appearance.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614, 11615 and 11713, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 403.03 to section 260.03 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§260.04. Vehicle Availability.
Note • History
(a) No dealer shall advertise a specific vehicle or a class of vehicles for sale, unless such vehicle(s) is in the dealer's possession, or is available to the dealer pursuant to a franchise agreement with the manufacturer or distributor of the vehicle(s). An advertisement of a vehicle not in a dealer's possession must so indicate, and must include a reasonable estimate of the date such vehicle will be available from the franchisor for delivery to a prospective purchaser.
(b) A specific vehicle advertised by a dealer or lessor-retailer shall be in condition to demonstrate and shall be willingly shown and sold at the advertised price and terms while such vehicle remains unsold or unleased, unless the advertisement states that the advertised price and terms are good only for a specific time and such time has elapsed. Advertised vehicles must be sold at or below the advertised price irrespective of whether or not the advertised price has been communicated to the purchaser.
(c) No manufacturer or distributor shall advertise vehicles for sale unless such vehicles are available to franchised dealers within the meaning of subsection (a) of Vehicle Code Section 11713.2, or, if not so available, the advertisement must include the date such vehicles will be available for purchase from retail dealers in the area in which the advertisement is disseminated.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614, 11713, 11713.1 and 11713.3, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 403.04 to section 260.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
No specific vehicle shall be advertised as having special equipment or accessories unless such equipment or accessories are installed and operative at the time of the advertisement.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11615 and 11713, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 403.05 to section 260.05 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
If a dealer or lessor-retailer advertises that a vehicle may be returned if the purchaser is not satisfied, the advertisement must clearly state the terms and conditions of the offer. In addition, the dealer or lessor-retailer must furnish the buyer with a written copy of the terms and conditions of return before obtaining the purchaser's signature to a purchase order or sales contract.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11613, 11614, 11705 and 11713, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 403.07 to section 260.07 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§262.00. Dealer Price. [Repealed]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614, 11713 and 11713.1, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 404.00 to section 262.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Repealer of subsections (c) and (d) filed 3-19-97; operative 4-17-97 (Register 97, No. 12).
3. Change without regulatory effect repealing section filed 2-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 8).
§262.01. Manufacturer's or Distributor's Price.
Note • History
If a manufacturer or distributor advertises the price of a vehicle or class of vehicles, the price quoted shall be the manufacturer's suggested base price.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614 and 11713, Vehicle Code; and 15 U.S.C.S. 1231, et. seq.
HISTORY
1. Change without regulatory effect renumbering and amending former section 404.01 to section 262.01 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment filed 3-19-97; operative 4-17-97 (Register 97, No. 12).
§262.03. Dealer Added Charges.
Note • History
A dealer may not identify a separate charge or charges for services performed on vehicles prior to delivery to the extent the dealer is or will be reimbursed for such expenditures by another party. If a dealer does identify a separate charge or charges for delivery and preparation services performed over and above those delivery and preparation obligations specified by the franchiser and for which the dealer is to be reimbursed by the franchiser, then the services performed and the charges therefore shall be separately itemized. Such added charges must be included in the advertised price.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 11713.1, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 404.03 to section 262.03 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§262.05. Financing, Down Payment, and Trade-In Allowance. [Repealed]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614, 11705 and 11713, Vehicle Code; and Section 2981, et. seq., Civil Code.
HISTORY
1. Change without regulatory effect renumbering former section 404.05 to section 262.05 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of section heading and new subsections (d)-(h) filed 3-19-97; operative 4-17-97 (Register 97, No. 12).
3. Change without regulatory effect repealing section filed 2-18-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 8).
§262.06. Down Payment. [Repealed]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614 and 11713, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 404.06 to section 262.06 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Repealer filed 3-19-97; operative 4-17-97 (Register 97, No. 12).
§262.07. Trade-In Allowances. [Repealed]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 11713, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 404.07 to section 262.07 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Repealer filed 3-19-97; operative 4-17-97 (Register 97, No. 12).
§262.08. Identity of Dealer or Lessor-Retailer.
Note • History
Advertisements by dealers or lessor-retailers shall identify the dealer or lessor-retailer either by the name under which the licensee does business or by such other name as will serve to readily identify the dealer or lessor-retailer both to the public and the department.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614 and 11713, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 404.08 to section 262.08 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§262.09. Qualifying Statements.
Note • History
Qualifying statements used in connection with vehicle advertisements, including the qualifying statements required by this article, shall be large enough and displayed for a sufficient period of time to enable the average reader or viewer to comprehend such statements.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614 and 11713, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 404.09 to section 262.09 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Article 4.2. Vehicle Dealers
§268.04. Dealer Examination Requirements.
Note • History
(a) All applicants for a vehicle dealer license subject to Vehicle Code Section 11704.5 shall be required to pass a written dealer examination provided and administered by the department with a minimum score of 70%.
(1) When a firm, corporation, association, limited liability company, or a partnership submits a dealer license application which is subject to Vehicle Code Section 11704.5, at least one person who is part of the ownership structure and who is required to submit a Personal History Statement, and who will have primary responsibility for managing the day to day dealership business which is reliant on the subject matter knowledge contained in the dealer examination shall be required to pass the dealer examination as described by Vehicle Code Section 11704.5(a) and this article.
(2) At least one person who has passed the dealer examination required by Vehicle Code Section 11704.5(a) and Section 268.04(a)(1) of these regulations must continuously be part of the ownership structure of all firms, corporations, associations, limited liability companies, or partnerships which are issued vehicle dealer licenses subject to Vehicle Code Section 11704.5.
(b) The dealer examination shall cover the subjects specified in Vehicle Code Section 11704.5(a), and the following subjects:
(1) Warranties
(A) Lemon Law
(B) Service Agreements
(2) Federal Buyers Guide Requirements
(3) Stolen Vehicle Prevention
(A) Indicia Verification
(4) Vehicle History Disclosure Requirements
(5) Basic Dealer Licensing Requirements
(A) Forms
(B) Fees
(C) Bond Requirements
(D) License and Sign Posting Requirements
(E) License Renewal Requirements
(F) Automatic Cancellations per Section 11721, Vehicle Code
(6) DMV Enforcement Actions
(A) Administrative
(B) Criminal
(C) Civil
(c) All applicants shall be required to present a current California driver license (DL) or California identification card (ID) issued by the department as personal identification prior to being allowed to take the dealer examination.
(1) If the personal identifying information on the California DL or ID presented by the applicant does not match the personal identifying information contained on the applicant's dealer educational program completion certificate, the applicant will not be allowed to take the dealer examination.
(d) Any applicant who fails the examination administered by the department will not be eligible to retake the examination for at least one week.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 236, 386, 470 and 11704.5, Vehicle Code.
HISTORY
1. New section filed 3-31-98; operative 3-31-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 14).
2. Amendment of subsection (a)(2), repealer of subsection (c), subsection relettering, and amendment of Note filed 5-14-2001; operative 6-13-2001 (Register 2001, No. 20).
§268.06. Dealer Educational Program Requirements.
Note • History
(a) All applicants for a vehicle dealer license subject to Vehicle Code Section 11704.5 shall provide evidence to the department of having successfully completed an educational program as described by Vehicle Code Section 11704.5(b) and this article.
(1) When a firm, corporation, association, limited liability company, or a partnership submits a dealer license application which is subject to Vehicle Code Section 11704.5, at least one person who is part of the ownership structure and who is required to submit a Personal History Statement, and who will have primary responsibility for managing the day to day dealership business which is reliant on the subject matter knowledge contained in the dealer examination shall be required to provide evidence to the department of having successfully completed an educational program as described by Vehicle Code Section 11704.5(b) and this article.
(b) The educational program completed by dealer license applicants subject to Vehicle Code Section 11704.5 must be a program which is approved and certified by the department.
(c) The educational program completed by dealer license applicants subject to Vehicle Code Section 11704.5 shall adequately cover the subject areas specified in Vehicle Code Section 11704.5(a) and the additional subjects specified in section 268.04(b) of this article.
(d) The lesson plans for all educational programs provided under this section shall be approved by the department as complying with the program requirements described in this article and in Vehicle Code Section 11704.5. All lesson plans approved by the department shall also substantially comply with the department's Lesson Plan Guideline for Used Vehicle Dealer Education Programs, OL 2000 (New. 8/97), which the department hereby incorporates by reference.
(e) All dealer educational program providers shall submit their fully developed lesson plans to the department for approval prior to utilizing them in a program.
(1) All lesson plans submitted for approval shall include a complete table of contents, and the pages of the plan shall be consecutively numbered.
(2) All lesson plans submitted for approval shall include samples of all workbooks, videos, tests, final exams, and other teaching aids used in the program.
(3) All lesson plans submitted for approval shall include a time schedule that specifies the time allotted to cover each subject area, the time allotted for break periods, and the time allotted for administrative activities.
(f) All educational program providers shall be responsible for revising their approved lesson plans as necessary to ensure that all required subject areas presented reflect substantial ongoing changes in relevant statutes, regulations or other requirements.
(1) Any substantial change(s) to the lesson plan of an approved program must be authorized in writing by the department prior to presenting them in an approved program.
(g) All proposed program lesson plans and proposed changes to approved lesson plans submitted by a program provider to the department for approval shall receive a letter of approval or disapproval within 30 working days of receipt by the department of a proposed lesson plan or a proposed lesson plan change.
(1) The department shall provide a written receipt within 10 working days of receiving any proposed lesson plan and proposed change to an approved lesson plan submitted by a program provider for the department's approval.
(A) The receipt provided by the department shall inform the program provider that the proposed lesson plan or lesson plan change is complete and accepted for consideration or is deficient and specify what additional data or materials are necessary.
(2) All programs approved by the department shall receive a written certification containing a unique certification number issued by the department.
(3) An educational program approved by the department shall remain certified only so long as the program continues to meet all program requirements as described in this article and in Vehicle Code Section 11704.5.
(4) Whenever a program fails to meet all program requirements, the department shall notify the program provider in writing of all program deficiencies and shall include specific instructions on how the program can correct the identified deficiencies.
(A) The department will allow the program provider 20 working days from the date of the deficiency notice to implement the required changes in order to correct the identified program deficiencies.
(5) In the event a program provider fails to implement the required program corrections for all identified program deficiencies within the specified period, the department will decertify the program in writing which will specify the effective date of the decertification.
(6) Any program completion certificates issued for any period of instruction during which the issuing program was not certified by the department will not be accepted as evidence of program completion.
(h) All educational programs provided under this section shall contain a comprehensive final examination which tests for knowledge of all subjects which are required to be covered in the program.
(1) A successful passing score of 70% on the final program examination is required of all program participants prior to the issuance of a completion certificate by the program provider.
(i) All persons who wish to be admitted as students to a certified dealer educational program are required to present a current California DL or ID as personal identification.
(1) All certified program providers shall refuse to provide a program completion certificate to any person who has not presented a current California DL or ID which verifies his or her personal identity.
(j) Records of all classes given by a certified program provider shall be compiled and retained by the provider for not less than one (1) year and one (1) month from completion of the class.
(1) Records shall include complete student rosters, course dates and times, and all final examinations and scores.
(2) Records shall be made available to department inspectors and investigators for official purposes relating to inquiries of program sufficiency or program fraud.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 470 and 11704.5, Vehicle Code.
HISTORY
1. New section filed 3-31-98; operative 3-31-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 14).
§268.08. Evidence of Dealer Educational Program Completion.
Note • History
(a) Evidence of program completion shall consist of a completion certificate provided by a certified program provider which shall include the following:
(1) The start and completion date(s) the identified person attended the program.
(2) The total hours of instruction the identified person received in the program.
(3) Full printed name, date of birth, and the number of the California DL or ID of the person who completed the program.
(4) Program provider identifying information including:
(A) Printed name, telephone number, and business address of program provider.
(B) Course curriculum certification number as provided by the department.
(C) Printed name and signature of program instructor or provider.
(D) A unique sequential certificate identifier which includes alpha/numeric symbols.
(5) A statement certifying that the person named on the completion certificate has successfully completed the program.
(b) Completion certificates issued for completion of approved dealer education programs will be valid for submission with original dealer license applications for a period of only one year from the date of program completion.
(c) All dealer educational program providers shall submit a sample of their program completion certificates to the department for approval prior to utilizing them in a program.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 11704.5, Vehicle Code.
HISTORY
1. New section filed 3-31-98; operative 3-31-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 14).
§268.10. Dealer Surety Bond Requirements.
Note • History
(a) Every applicant for issuance or renewal of a dealer license, other than a dealer who deals exclusively with motorcycles and/or all-terrain vehicles and a wholesale dealer selling less than 25 vehicles a year, shall submit the bond required by Vehicle Code section 11710 on a Dealer Surety Bond, form OL 25 (REV. 11/2004), which is hereby incorporated by reference. The bond shall be subject to chapter 2 (commencing with Section 995.010), title 14, of part 2 of the Code of Civil Procedure.
(b) Every applicant for issuance or renewal of a license for a dealer who deals exclusively in motorcycles and/or all-terrain vehicles shall submit the bond required in Section 268.12 of Title 13, California Code of Regulations.
(c) Every applicant for issuance or renewal of a license for a dealer selling less than 25 vehicles a year on a wholesale basis only shall submit the bond required in Section 268.12 of Title 13, California Code of Regulations.
(d) The true, full name of the dealer, and any doing business as (DBA) names under which the licensed activity is conducted, shall be entered on the bond.
(e) The appointment of director as the agent for service of process required by Vehicle Code section 11710(d) shall be in the form required under subdivision (c) of Section 330.08 of Title 13, California Code of Regulations.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 995.010, Code of Civil Procedure; and Sections 11710 and 11710.1, Vehicle Code.
HISTORY
1. New section filed 2-14-2006; operative 3-16-2006 (Register 2006, No. 7).
§268.12. Surety Bond Requirements for Motorcycle Dealers, Motorcycle Lessor-Retailers, All-Terrain Vehicle Dealers and Wholesale Only Dealers Who Sell Less Than 25 Vehicles Per Year.
Note • History
(a) The bond required by Vehicle Code sections 11612 and 11710 for a dealer who will deal exclusively in motorcycles or all-terrain vehicles or who sells wholesale less than 25 vehicles a year shall be executed on a Surety Bond of Motorcycle Dealer, Motorcycle Lessor-Retailer, All-Terrain Vehicle Dealer, or Wholesale Only Dealer (Less Than 25 Vehicles Per Year), form OL 25B (REV. 12/2004), which is hereby incorporated by reference. The bond shall be subject to chapter 2 (commencing with Section 995.010), title 14, of part 2 of the Code of Civil Procedure.
(1) For the purpose of determining whether a dealer sells less than 25 vehicles a year, a year shall be defined as the period beginning on the initial date of licensure and ending on the day before the renewal date.
(2) The name of the Principal on the surety bond shall include any and all “Doing Business As” (DBA) names used by the Principal to conduct business as authorized under the occupational license.
(3) The appointment of director as the agent for service of process required by Vehicle Code section 11710(d) shall be in the form required under subdivision (c) of Section 330.08 of Title 13, California Code of Regulations.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 995.010, Code of Civil Procedure; and Sections 11612, 11710 and 11710.1, Vehicle Code.
HISTORY
1. New section filed 2-14-2006; operative 3-16-2006 (Register 2006, No. 7).
Note • History
Before the department can issue any temporary permit or license or allow such license to remain in force, the applicant's principal place of business and each branch location must conform to Vehicle Code Sections 320 and 11709.
The office of the principal place of business and each branch location of the dealership must be established to the extent that its construction is not temporary, transitory or mobile in nature, except that a trailer coach office is acceptable providing it is not a part of the dealer's vehicle inventory not being offered for or subject to sale while being used as an office of the dealership, and otherwise meets the requirements of Vehicle Code Section 320.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 11709 and 11713, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 406.00 to section 270.00 and designating article 4.2 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§270.02. Dealer Branch Location Definition.
Note • History
Dealer Branch is any location, other than the principal place of business of the dealer, maintained for the sale or exchange of vehicles. A branch location must comply with the requirements of Section 320 and Section 11709 of the Vehicle Code.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 320 and 11709, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 414.50 to section 270.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
Any dealer who changes the site of either the principal or a branch location must comply with all provisions of Vehicle Code Sections 320 and 11709, before the application for change of location may be accepted.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 11709 and 11712, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 407.00 to section 270.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
The signs or devices identifying the dealership at each business location as required pursuant to Vehicle Code Section 11709, shall be of a permanent nature, erected on the exterior of the office or on the display area, and be constructed or painted and maintained so as to withstand reasonable climatic effects and be readable as provided for in Section 11709. A temporary sign or device may suffice when a permanent sign is on order. Evidence of such order shall be submitted to the Department prior to issuance of a temporary permit or license.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 11709, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 408.00 to section 270.06 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
(a) The display area of the principal place of business of each branch location and additional display areas as permitted by this section shall be of sufficient size to physically accommodate vehicles of a type for which the dealership is licensed to sell. The display area must be clearly for the exclusive use of the dealer for display purposes only. Additional display areas are permitted within a radius of 1,000 feet from the principal place of business and any licensed branch location without being subject to separate licensing. However, such display areas must also meet the signing requirement as identified in Vehicle Code Section 11709(a).
(b) The provisions of Vehicle Code Section 11709(b), which permits a dealer to display vehicles at a fair, exposition, or similar exhibit without securing a branch license extends to public shopping areas, public shopping centers, autoramas and other similar locations or events open to the public and intended to merely bring the dealer's identity and product to the public's attention, provided that:
(1) No sales are offered, attempted, solicited, negotiated or otherwise transacted from such locations or at such public event, including the acceptance of cash deposits, trade-in vehicles or any other considerations from persons for the purpose of inducing or binding a sale.
(2) Such locations are available to all dealers licensed in this state without discrimination as to type of manufacture, make, or year of vehicle displayed.
(3) Every dealer participating at such locations or events shall post a sign on the vehicle or vehicles or in close proximity thereto, printed in letters of not less than three (3) inches in height, which shall show the dealer's name, location and address of his established place of business and the following statement: “No sales permitted, or deposits accepted at this location.”
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 11705 and 11709, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 409.00 to section 270.08 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
(a) Pertinent records of a licensed dealer which shall be open to inspection pursuant to Vehicle Code section 320 are those records maintained in the regular course of business insofar as those records are directly concerned with the purchase, sale, rental or lease of a vehicle.
(b) Unless otherwise specified by statute, all business records relating to vehicle transactions shall be retained by the dealership for a period of not less than three years.
(c) Nothing in this section shall relieve a dealer from maintaining records as required by any other state or federal law or regulation.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 4456, 5753, 11709, 11712 and 11714, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 410.00 to section 272.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of subsections (a) and (c) and Note filed 2-15-2011; operative 3-17-2011 (Register 2011, No. 7).
§272.02. Location of Business Records.
Note • History
(a) A dealer shall maintain all original business records at its principal place of business or branch location for at least 18 months after the purchase, sale, rental, or lease of a vehicle.
(b) If a dealer has a branch location, business records relating to transactions that take place at that branch location may be maintained either at the branch location or at the principal place of business.
(c) After the initial 18-month record retention period required pursuant to subdivision (a), a dealer may maintain the original business records at an offsite storage location within California, provided that the original business records are retrievable upon three business days notice and the business records are stored in a manner that meets any applicable safeguard requirements pursuant to 15 U.S.C. section 6801(b).
(d)(1) A dealer may create an electronic copy of an original business record at any time. After the initial 18-month record retention period required pursuant to subdivision (a), an electronic copy of an original business record shall satisfy the record retention requirements for the remainder of the three-year record retention period provided all of the following requirements are satisfied:
(A) The electronic copy is created in a non-alterable format;
(B) The electronic copy is retained in a format that permits the document to be readily accessible and retrievable;
(C) The electronic copy is a legible, complete and accurate reproduction of the original business record;
(D) A back-up of the electronic copy is retained at an on-site or off-site location in a manner that permits the business record to be retrieved upon three business days notice;
(E) Any access device, server, network device, or any internal or external storage medium used for storing the electronic copy or back-up copy has access controls and physical security measures to protect the records from unauthorized access, viewing or alteration.
(2) A dealer that makes an electronic copy of an original business record that meets the requirements of this subdivision (d) may dispose of the original business record, provided that the original business record is disposed of in a manner that meets the requirements of Civil Code section 1798.81.
(e) Use of a third party to physically or electronically store business records shall not reduce a dealer's responsibility to produce a business record when required.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 1801.1, 4456, 5733, 11709, 11712 and 11714, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 410.01 to section 272.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Repealer and new section and amendment of Note filed 2-15-2011; operative 3-17-2011 (Register 2011, No. 7).
§272.04. Disclosure to Low Speed Vehicle Buyer.
Note • History
(a) A “low speed vehicle” is defined as having a maximum speed of not more than 25 miles per hour which complies with Federal Motor Vehicle Safety Standards.
(b) A vehicle dealer, selling a low speed vehicle, shall provide a disclosure to be signed by the buyer at the time of purchase. The disclosure will include a statement that the vehicle:
(1) Has a maximum speed of 25 miles per hour.
(2) May be a hazard on the roadways if it impedes traffic.
(3) May subject the driver to citations for impeding traffic.
(c) The vehicle dealer shall give a copy of the signed disclosure to the buyer and keep the original with the business records of vehicle transactions.
(d) Prior to the sale of a low speed vehicle, the dealer or manufacturer shall affix a permanent decal to the underside of the roof near the windshield on the driver side.
(1) The decal shall be approximately 3 inches high by 5 inches wide.
(2) The decal shall contain the disclosure statement information specified in (b).
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 1809, 11713 and 21252, Vehicle Code.
HISTORY
1. New section filed 11-30-98 as an emergency; operative 11-30-98 (Register 98, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-30-99 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 99, No. 20).
3. New section filed 5-10-99; operative 5-10-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).
4. Change without regulatory effect amending Note filed 10-2-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 40).
Article 4.21. Vehicle Lessor-Retailers
§280.12. Lessor-Retailer Surety Bond Requirements.
Note • History
(a) Every applicant for issuance or renewal of a lessor-retailer license other than a lessor-retailer who deals exclusively with motorcycles shall submit the bond required by Vehicle Code section 11612 on a Lessor-Retailer Surety Bond, form OL 25C (REV. 11/2004), which is hereby incorporated by reference. The bond shall be subject to chapter 2 (commencing with Section 995.010), title 14, of part 2 of the Code of Civil Procedure.
(b) Every applicant for issuance or renewal of a license as a lessor-retailer who deals exclusively with motorcycles shall submit the surety bond required in Section 268.12 of Title 13, California Code of Regulations.
(c) The true, full name of the lessor-retailer, and any doing business as (DBA) names under which the licensed activity is conducted, shall be entered on the bond.
(d) The appointment of director as the agent for service of process required by Vehicle Code section 11710(d) shall be in the form required under subdivision (c) of Section 330.08 of Title 13, California Code of Regulations.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 995.010, Code of Civil Procedure; and Sections 11612 and 11710, Vehicle Code.
HISTORY
1. New article 4.21 (section 280.12) and section filed 2-14-2006; operative 3-16-2006 (Register 2006, No. 7).
Article 4.22. Vehicle Manufacturers and Remanufacturers
§285.06. Remanufacturer Surety Bond Requirements.
Note • History
(a) Every applicant for issuance or renewal of a remanufacturer license shall submit the bond required by Vehicle Code section 11710 on a Remanufacturer Surety Bond, form OL 25A (REV. 11/2004), which is hereby incorporated by reference. The bond shall be subject to chapter 2 (commencing with Section 995.010), title 14, of part 2 of the Code of Civil Procedure.
(b) The true, full name of the remanufacturer, and any doing business as (DBA) names under which the licensed activity is conducted, shall be entered on the bond.
(c) The appointment of director as the agent for service of process required by Vehicle Code section 11710(d) shall be in the form required under subdivision (c) of Section 330.08 of Title 13, California Code of Regulations.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 995.010, Code of Civil Procedure; and Section 11710, Vehicle Code.
HISTORY
1. Amendment of article heading and new section filed 2-14-2006; operative 3-16-2006 (Register 2006, No. 7).
Note • History
The applicant for, or holder of a vehicle manufacturer's license shall maintain a suitable site sufficient in size and furnishings to effect the manufacture, assembly, reconstruction, or reconfiguration in final form for subsequent delivery to the distributorships or to licensed vehicle dealers in this state, vehicles subject to registration by the department.
(a) If no manufacturing site is located in this state, the department may require such supporting documentary proof as it deems necessary to determine the applicant's status as an actual manufacturer pursuant to Vehicle Code Section 11701, and the applicant's compliance with Vehicle Code Section 320.
(b) If the mailing address of the licensee is not at the actual manufacturing site, such mailing address shall be reflected in the application, and thereafter remain current with the department.
(c) It is not necessary for a vehicle manufacturer to obtain licenses for branch manufacturing sites located outside of this state, provided the principal site is licensed with the department.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 11701 and 11713, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 411.00 to section 290.00 and designating article 4.22 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§290.02. Pertinent Books and Records.
Note • History
Pertinent books and records of a vehicle manufacturer as set forth in Vehicle Code Section 320 include, but are not limited to, invoices, certificates of origin, manufacturer's suggested retail price lists, vehicle identification number and motor number locations and coding data, and any other record which relates to the identification and history of vehicles subject to registration in this state. The department may require that any pertinent record printed in any language other than the English language be accompanied by a version translated into the English language prior to acceptance by the department as a genuine record of the manufacturer.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 320 and 11701, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 411.01 to section 290.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Article 4.23. Vehicle Verifiers
§292.06. Vehicle Verifier Surety Bond Requirements.
Note • History
(a) Every applicant for issuance or renewal of a vehicle verifier permit shall submit the bond required by Vehicle Code section 11301 on a Vehicle Verifier Surety Bond, form OL 26 (REV. 11/2004), which is hereby incorporated by reference. The bond shall be subject to chapter 2 (commencing with Section 995.010), title 14, of part 2 of the Code of Civil Procedure.
(b) The bond shall be conditioned that if the vehicle verifier not cause any loss by the public or the State arising out of the operation under the vehicle verifier permit, then this obligation is to be void; otherwise it is to remain in full force and effect.
(c) The true, full name of the vehicle verifier, and any doing business as (DBA) names under which the licensed activity is conducted, shall be entered on the bond.
NOTE
Authority cited: Sections 1651 and 11308, Vehicle Code. Reference: Section 995.010, Code of Civil Procedure; and Section 11301, Vehicle Code.
HISTORY
1. New article 4.23 (section 292.06) and section filed 2-14-2006; operative 3-16-2006 (Register 2006, No. 7).
Article 4.24. Vehicle Transporters
Note • History
The principal place of business for an applicant for, or the holder of, a vehicle transporter's license shall be the location of record with the department.
(a) If the mailing address of the licensee is not at the actual principal place of business, such mailing address shall be reflected in the application along with the address of the principal place of business and thereafter remain current with the department.
(b) It is not necessary for a vehicle transporter to obtain licenses for branch business locations outside of this state, provided the principal place of business is licensed with the department.
(c) If the principal place of business is not located in this state, the department may require such supporting documentary proof as it deems necessary to determine the applicant's status as an actual transporter pursuant to Vehicle Code Section 320.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 11701 and 11713, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 412.00 to section 295.00 and designating article 4.24 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.00. Display of Numbers. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 9853.2, Vehicle Code. Reference: Sections 9850, 9853.2 and 9857, Vehicle Code; and CFR, Title 33, Sections 173.19, 173.27, 174.13 and 174.14.
HISTORY
1. New article 3.1 (sections 300.00 through 300.03) filed 11-23-70 as an emergency; effective upon filing (Register 70, No. 48).
2. Certificate of Compliance--sec. 11422.1, Gov. Code, filed 3-22-71 (Register 71, No. 13).
3. Repealer of sections 300.00-300.03 and new sections 300.00-300.20 filed 12-9-74; effective thirtieth day thereafter (Register 74, No. 50).
4. Amendment of subsection (c) filed 6-4-81; effective thirtieth day thereafter (Register 81, No. 23).
5. Amendment of Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
6. Change without regulatory effect renumbering former section 300.00 to section 190.00 and amending article heading filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.01. Registration Stickers. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 9853.4, Vehicle Code. Reference: Section 9853.4, Vehicle Code; and CFR, Title 33, Section 174.15.
HISTORY
1. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.01 to section 190.01 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.02. Proof of Ownership. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 9852, Vehicle Code. Reference: Section 9852, Vehicle Code; and CFR, Title 33, Section 174.31.
HISTORY
1. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.02 to section 190.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.03. Department Agents' Authorization. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 9858, Vehicle Code. Reference: Sections 9858 and 9859, Vehicle Code.
HISTORY
1. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.03 to section 190.03 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.04. Definition of a Livery Boat. [Renumbered]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9840 and 9850, Vehicle Code; and CFR, Title 33, Section 174.19.
HISTORY
1. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.04 to section 190.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.05. Definition of a Vessel Carrying Passengers for Hire. [Renumbered]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9840 and 9850, Vehicle Code; and CFR, Title 33, Section 174.19.
HISTORY
1. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.05 to section 190.05 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.06. Definition of a Boat Manufacturer. [Renumbered]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 9840, Vehicle Code.
HISTORY
1. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.06 to section 190.06 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.07. Definition of a Boat Dealer. [Renumbered]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9856 and 9912, Vehicle Code.
HISTORY
1. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.07 to section 190.07 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.08. Certificates of Number for Dealer, Manufacturer, Livery Vessel and Vessel Carrying Passengers for Hire. [Renumbered]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9850, 9853, 9853.1-9853.3, Vehicle Code; CFR, Title 33, Sections 173.27 and 174.19; and CFR, Title 46, Section 67.01-11.
HISTORY
1. New subsection (c) filed 9-23-75; effective thirtieth day thereafter (Register 75, No. 39).
2. Amendment of Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
3. Change without regulatory effect renumbering former section 300.08 to section 190.08 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.09. Terms and Conditions for Vessel Registration and Numbering. [Renumbered]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9852, 9853.1, 9853.4, 9855 and 9858, Vehicle Code; and CFR, Title 33, Section 174.31.
HISTORY
1. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.09 to section 190.09 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.10. Contents of Applications for Certificate of Ownership and Certificate of Number. [Renumbered]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9852 and 9853, Vehicle Code; and CFR, Title 33, Section 174.17.
HISTORY
1. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Amendment filed 4-18-85; effective thirtieth day thereafter (Register 85, No. 16).
3. Change without regulatory effect renumbering former section 300.10 to section 190.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.11. Contents of Certificate of Number. [Renumbered]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9853 and 9853.1, Vehicle Code; and CFR, Title 33, Section 174.19.
HISTORY
1. Amendment filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.11 to section 190.11 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.12. Validity of Certificate of Number. [Renumbered]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9853.1, 9855, 9858, 9864, 9874 and 9915, Vehicle Code; and CFR, Title 33, Section 173.77.
HISTORY
1. Amendment of subsection (c) filed 9-23-75; effective thirtieth day thereafter (Register 75, No. 39).
2. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
3. Change without regulatory effect renumbering former section 300.12 to section 190.12 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.13. Removal of Stickers. [Renumbered]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9853.4 and 9874, Vehicle Code; and CFR, Title 33, Section 173.33.
HISTORY
1. Amendment filed 9-23-75; effective thirtieth day thereafter (Register 75, No. 39).
2. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
3. Change without regulatory effect renumbering former section 300.13 to section 190.13 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.14. Temporary Certificate of Number. [Renumbered]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 9858; and CFR, Title 33, Sections 173.75 and 174.29.
HISTORY
1. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.14 to section 190.14 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.15. Hull Identification Numbers. [Renumbered]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9871 and 9871.5, Vehicle Code; and CFR, Title 33, Sections 181.23, 181.25, 181.27 and 181.29.
HISTORY
1. Amendment filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.15 to section 190.15 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.16. Fee-Exempt Boats. [Renumbered]
Note • History
NOTE
Authority cited: Section 9851, Vehicle Code. Reference: Section 9851, Vehicle Code.
HISTORY
1. New NOTE filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect amending section filed 12-16-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 10).
3. Change without regulatory effect renumbering former section 300.16 to section 190.16 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.17. Recreational-Type Public Vessels. [Renumbered]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 9851, Vehicle Code; and CFR, Title 33, Section 173.11.
HISTORY
1. Amendment filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.17 to section 190.17 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.18. Fee-Exempt Annual Renewal. [Renumbered]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 9850, Vehicle Code.
HISTORY
1. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.18 to section 190.18 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.19. Racing Vessels. [Renumbered]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9854 and 9873, Vehicle Code.
HISTORY
1. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.19 to section 190.19 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.20. Livery Vessels. [Renumbered]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 9853.3, Vehicle Code; and CFR, Title 33, Section 173.21.
HISTORY
1. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.20 to section 190.20 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.21. Notification to the Department. [Renumbered]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9864, 9865 and 9911, Vehicle Code; and CFR, Title 33, Section 173.29.
HISTORY
1. New section filed 9-23-75; effective thirtieth day thereafter (Register 75, No. 39).
2. Amendment filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
3. Change without regulatory effect renumbering former section 300.21 to section 190.21 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§300.22. Surrender of Certificate of Number. [Renumbered]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 9864 and 9900, Vehicle Code; and CFR, Title 33, Section 173.31.
HISTORY
1. New section filed 9-23-75; effective thirtieth day thereafter (Register 75, No. 39).
2. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
3. Change without regulatory effect renumbering former section 300.22 to section 190.22 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§301.00. Non-Motorized Surfboard-Like Vessels Exempted Under Vehicle Code Section 9873(e). [Renumbered]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 9873, Vehicle Code.
HISTORY
1. New section filed 4-5-71; effective thirtieth day thereafter (Register 71, No. 15).
2. Change without regulatory effect renumbering former section 301.00 to section 191.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§302.00. Proof Documents Re Lien Sale Vessels. [Renumbered]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 9915, Vehicle Code.
HISTORY
1. New section filed 4-5-71; effective thirtieth day thereafter (Register 71, No. 15).
2. Change without regulatory effect renumbering former section 302.00 to section 192.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Article 4.26. Vehicle Dismantlers
Note • History
Before the department can issue any temporary permit or license or allow such license to remain in force, the applicant's principal place of business and each branch location must conform to Vehicle Code Sections 320 and 11513.
(a) The office of the principal place of business and each branch location of the firm must be established to the extent that its construction is not temporary, transitory or mobile in nature, except that a trailer coach office is acceptable providing it is not a part of the dismantling inventory, and otherwise meets the requirements of Vehicle Code Section 320.
(b) Office in Private Residence. In considering any application for a vehicle dismantler's license wherein the established place of business is a part of any single or multiple-unit dwelling house, the department may require additional proof of the applicant's status as an actual dismantler pursuant to Vehicle Code Section 11514 in the form of confirmation from the local zoning authority in the city, county, or city and county, that the property is properly zoned for the conduct of such business.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 11513 and 11514, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 413.01 to section 304.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§304.02. Dismantler Branch Location Definition.
Note • History
Dismantler Branch is any location, other than the principal place of business of the dismantler, maintained for the purpose(s) identified in Section 220 of the Vehicle Code.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 220 and 320, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 414.60 to section 304.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
The signs or devices identifying the firm at each business location as required pursuant to Vehicle Code Section 11514 shall be of a permanent nature, erected on the exterior of the office or the dismantling area, and constructed or painted so as to withstand reasonable climatic effects. A temporary sign or device may suffice during the period of time required to obtain a permanent sign or device, providing the order for construction, purchase or painting has in fact been placed at time of submitting the application to the department.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 11514, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 413.02 to section 304.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
The dismantling area shall be in such proximity to the office of the dismantler to avoid confusion and uncertainty as to its relationship to the business.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 11501 and 11509, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 413.03 to section 304.06 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§304.08. Dismantler Report Forms.
Note • History
Books and forms furnished licensed vehicle dismantlers by the department pursuant to Vehicle Code Section 11505 shall be known as dismantler's books f notice of acquisition and report of vehicle to be dismantled, and shall be submitted pursuant to the provisions of Vehicle Code Section 11520.
(a) Dismantler's notice of acquisition shall be prepared in quadruplicate for disposition as follows:
(1) The original shall be submitted to the Department of Motor Vehicles, Division of Registration, P.O. Box 1319, Sacramento, CA 95806.
(2) The first carbon copy shall be submitted to the Department of Justice, Bureau of Identification, P.O. Box 13417, Sacramento, CA 95813.
(3) The second carbon copy shall be submitted to the appropriate local law enforcement agency, if required.
(4) The third carbon copy shall remain with the firm's business records.
(b) Dismantler's report of vehicle to be dismantled shall be prepared in triplicate for disposition as follows:
(1) The original and triplicate copy shall be submitted to the department, either at a local field office or to Department of Motor Vehicles, Division of Registration, P.O. Box 1319, Sacramento, CA 95806.
(2) The quadruplicate copy shall remain with the firm's business records.
(3) The duplicate copy is blank, and requires no disposition.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11505 and 11520, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 413.05 to section 304.08 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§304.10. Acquisition of Cleared Vehicles.
Note • History
It shall not be necessary for a licensed vehicle dismantler to submit a notice of acquisition for, or to clear, any vehicle acquired from another person if such person has already notified, and cleared the vehicle with the department for dismantling provided a bill of sale has been executed to the dismantler which properly identifies such vehicle and evidence of clearance by the department such as a dismantling report number, temporary receipt number, or other proof of previous compliance with Vehicle Code Section 11520.
Any person other than a licensed dismantler who is engaged in the business of acquiring and disposing of vehicles in conjunction with metal scrap processing, shredding, salvage or other large-scale disposal operations which include vehicles acquired from licensed vehicle dismantler sources that have already cleared such vehicles for dismantling in compliance with Vehicle Code Section 11520 need not repeat clearance process if he is in possession of evidence attesting to proof of compliance pursuant to Vehicle Code Section 221(a)(4).
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 221 and 11520, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 413.06 to section 304.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
Business records of a vehicle dismantler, which the department may inspect and copy pursuant to its authority under Vehicle Code Section 320, include but are not limited to departmental books and forms, inventory journals, documents prepared by a public entity for the ordering of towing, storing or disposal of vehicles, bills of sale, and all other documents normally executed or maintained in transactions relating to the acquisition and disposing of vehicles and parts or scrap therefrom in the conduct of the vehicle dismantling business.
(a) Business records shall be maintained for any part, component or system which has been temporarily removed from any vehicle acquired for dismantling and prior to clearance for dismantling, provided such part, component or system was removed for the sole purpose of safekeeping and the record is attached thereto which properly identifies the vehicle from which such part, component or system has been removed.
(b) Unless otherwise specified by statute, all business records relating to vehicle transactions shall be retained by the firm for a period of not less than three years.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 320 and 11520, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 413.07 to section 304.12 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§304.14. Location of Business Records.
Note • History
A vehicle dismantler may, at his option, maintain the business records of the firm at the office of the principal place of business, or if the dismantler has a branch location(s), records peculiar to that branch may be maintained either at such branch location or at the principal place of business.
(a) Upon approval of the department, the records may be maintained at a business location other than as required in this section, provided a written instrument is filed with the department describing such other location and granting authorization to inspect the records thereat.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 320, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 413.08 to section 304.14 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§310.00. General Procedures When Fees Not Paid. [Repealed]
Note • History
NOTE
Authority cited for Article 3.2: Section 1651, Vehicle Code. Reference: Section 9801, Vehicle Code.
HISTORY
1. New Article 3.2 (§§ 310.00 through 310.04) filed 8-4-71; effective thirtieth day thereafter (Register 71, No. 32).
2. Repealer filed 6-25-85; effective thirtieth day thereafter (Register 85, No. 26).
§310.01. Procedures When Fees Paid by Check Which Is Dishonored. [Repealed]
History
HISTORY
1. Repealer filed 6-25-85; effective thirtieth day thereafter (Register 85, No. 26).
§310.02. Procedures for Jeopardy Seizure. [Repealed]
History
HISTORY
1. Repealer filed 6-25-85; effective thirtieth day thereafter (Register 85, No. 26).
§310.03. Notice After Jeopardy Seizure. [Repealed]
History
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§310.04. Conduct of the Hearing. [Renumbered]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code; and Sections 11180, 11181 and 11182, Government Code. Reference: Section 9801, Vehicle Code.
HISTORY
1. Amendment of subsection (i) filed 10-4-77; effective thirtieth day thereafter (Register 77, No. 41).
2. Editorial correction (Register 81, No. 1).
3. Amendment filed 6-25-85; effective thirtieth day thereafter (Register 85, No. 26).
4. Editorial correction of Note filed 6-26-85 (Register 85, No. 26).
5. Change without regulatory effect renumbering former section 310.04 to section 212.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Article 4.3. Administrative Remedies
Note • History
(a) Dealer, Distributor, Manufacturer, Transporter, Salesperson. Payment of the following monetary penalties may be required of an occupational licensee pursuant to an agreement between the Director and the licensee entered into under the authority of Vehicle Code Section 11707:
(1) A minimum of $15 and a maximum of $300 for each violation of the following provisions of Vehicle Code Sections: 3064(a), 3065, 4000, 4161(a), 4456(a), 5202, 5204(a), 5350.3, 5604, 5901, 8802, 11705(a)(6), 11705(a)(7), 11705(a)(8), 11705(a)(11), 11705(a)(12), 11709, 11712.5, 11713(c), 11713(k), 11713.1(a), 11713.1(b), 11713.1(c), 11713.1(d), 11715(f), 38200(a); any other provision not set forth in this section which establishes an administrative cause of action against an occupational license.
(2) A minimum of $50 and a maximum of $750 for each violation of the following provisions of Vehicle Code Sections: 20, 8803, 11705(a)(1), 11705(a)(2), 11705(a)(3), 11705(a)(10), 11705(a)(15), 11705.4, 11712, 11713(a), 11713(b), 11713(e), 11713(f), 11713(g), 11713(h), 11713(i), 11713(j), 11713(l), 11713.1(e), 11713.2, 11713.3, 11713.4, 11713.5(a), 11713.5(b), 11713.5(c), 11725, 11800, 11812, 11819, 11900, 24007(a).
(3) A minimum of $100 and a maximum of $1000 for each violation of the following provisions of Vehicle Code Sections: 4463, 5753, 11705(a)(4), 11705(a)(5), 11705(a)(9), 11705(a)(13), 11705(a)(14), 11705(a)(15), 11713(d), 11713(m), 11713(n), 11714(c).
(b) Dismantlers. Payment of the following monetary penalties may be required of a dismantler licensee pursuant to an agreement between the director and the licensee entered into under the authority of Vehicle Code Section 11509.1.
(1) A minimum of $15 and a maximum of $50 for each violation of the following provisions of Vehicle Code Sections: 4000, 4161(a), 5202, 5204, 5900(c), 8802, 11509(a)(3), 11509(a)(4), 11509(a)(7), 11509(a)(10), 11514(a), 11516, 11519, 11520(a); any other provision not set forth in this section which establishes an administrative cause of action against a dismantler license.
(2) A minimum of $25 and a maximum of $100 for each violation of the following provisions of Vehicle Code Sections: 20, 8803, 11509(a)(1), 11509(a)(2), 11509(a)(6), 11513, 11725.
(3) A minimum of $50 and a maximum of $150 for each violation of the following provisions of Vehicle Code Sections: 11509(a)(5), 11509(a)(11), 11509(a)(12).
NOTE
Authority cited: Sections 1651, 11509.1 and 11707, Vehicle Code. Reference Sections 11509.1 and 11707, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 420.00 to section 314.00 and designating article 4.3 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment filed 5-14-2001; operative 6-13-2001 (Register 2001, No. 20).
§316.00. Notices of Suspension.
Note • History
If an occupational license is actually suspended as a consequence of fraud, intentional or deliberate illegal activity which results in actual loss or damage to a consumer, or other intentional or deliberate misrepresentation and if the disciplinary order also places the license on probation, the order may include as a term or condition of probation that departmental employees be allowed to post two notices of suspension in places conspicuous to the public on each licensed location, main or branch, of the licensee during the period of suspension. Said notices shall be 24 inches wide by 14 inches high and shall be in substantially the following form:
DEPARTMENT OF MOTOR VEHICLES
NOTICE OF SUSPENSION
THE DEALER'S LICENSE ISSUED FOR THESE
PREMISES HAS BEEN SUSPENDED FROM
________________ THROUGH ________________
BY ORDER OF THE DEPARTMENT OF
MOTOR VEHICLES FOR VIOLATION OF THE
VEHICLE DEALER'S LICENSING LAWS
Removal of this notice prior to termination of suspension or any representation to the effect that vehicle sales or purchases have been suspended for any reason other than by order of the Department shall be deemed a violation of the conditions of probation.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference Sections 11105, 11506, 11606 and 11718, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 421.00 to section 316.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.00. Vehicle Registration Records. [Repealed]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Division 3, Vehicle Code.
HISTORY
1. New article 3 (sections 320.00-320.13) filed 12-30-77 as an emergency; designated effective 1-1-78 (Register 77, No. 53).
2. Certificate of Compliance filed 3-22-78 (Register 78, No. 12).
3. Repealer filed 8-3-82; effective thirtieth day thereafter (Register 82, No. 32).
4. Amendment of Article 3.5. heading filed 4-24-91; operative 5-24-91 (Register 91, No. 25).
§320.01. Vessel Numbering and Registration Records. [Repealed]
History
HISTORY
1. Repealer filed 4-24-91; operative 5-24-91 (Register 91, No. 25).
§320.02. Definitions. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 470, 1808.21, 1808.22, 1808.23, 1810, 1810.2, 1810.7 and 1811, Vehicle Code; and Section 1798, Civil Code.
HISTORY
1. Amendment filed 8-3-82; effective thirtieth day thereafter (Register 82, No. 32).
2. Amendment filed 4-24-91; operative 5-24-91 (Register 91, No. 25).
3. Change without regulatory effect renumbering former section 320.02 to section 350.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.03. Address Elements. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1810, 1810.2, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
HISTORY
1. Repealer filed 8-21-79; effective thirtieth day thereafter (Register 79, No. 34).
2. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
3. Change without regulatory effect renumbering former section 320.03 to section 350.03 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.04. Information Access. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1810, 1810.2, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
HISTORY
1. Repealer filed 8-21-79; effective thirtieth day thereafter (Register 79, No. 34).
2. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
3. Change without regulatory effect renumbering former section 320.04 to section 350.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.05. Requester Code. [Repealed]
Note • History
NOTE
Authority cited: Section 1798.26, Civil Code. Reference: Section 1798.26, Civil Code; and Section 1810, Vehicle Code.
HISTORY
1. Amendment filed 8-21-79; effective thirtieth day thereafter (Register 79, No. 34).
2. Repealer filed 4-24-91; operative 5-24-91 (Register 91, No. 25).
§320.06. Governmental Entity's Application for a Requester Code. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1808.47, 1810, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
HISTORY
1. Renumbering and amendment of former section 320.06 to section 320.36 and new section 320.06 filed 4-24-91; operative 5-24-91 (Register 91, No. 25). For prior history, see Register 79, No. 34.
2. Change without regulatory effect renumbering former section 320.06 to section 350.06 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.07. Certification of Requests. [Repealed]
History
HISTORY
1. Repealer filed 8-3-82; effective thirtieth day thereafter (Register 82, No. 32).
§320.08. Assignment of Requester Codes, and Personal Identification Numbers to Governmental Entities. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1810 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
HISTORY
1. Renumbering and amendment of former section 320.08 to section 320.38 and new section 320.08 filed 4-24-91; operative 5-24-91 (Register 91, No. 25). For prior history, see Register 79, No. 34.
2. Change without regulatory effect renumbering former section 320.08 to section 350.08 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.09. Withholding Information. [Repealed]
History
HISTORY
1. Repealer filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
§320.10. Governmental Entity's Request for Information. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Section 1810, Vehicle Code; and Section 1798.26, Civil Code.
HISTORY
1. Amendment filed 8-21-79; effective thirtieth day thereafter (Register 79, No. 34).
2. Repealer and new section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
3. Change without regulatory effect renumbering former section 320.10 to section 350.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.11. Retention of Request for Information. [Renumbered]
Note • History
NOTE
Authority cited: Section 1798.26, Civil Code. Reference: Section 1798.26, Civil Code; and Section 1810, Vehicle Code.
HISTORY
1. Amendment filed 8-21-79; effective thirtieth day thereafter (Register 79, No. 34).
2. Renumbering and amendment of former section 320.11 to section 320.48 filed 4-24-91; operative 5-24-91 (Register 91, No. 25).
§320.12. Priority for Processing Governmental Requests. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1810, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
HISTORY
1. Order of repeal filed 6-3-85 by OAL pursuant to Government Code section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
3. Change without regulatory effect renumbering former section 320.12 to section 350.12 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.13. Preliminary Investigation. [Repealed]
History
HISTORY
1. Repealer filed 8-3-82; effective thirtieth day thereafter (Register 82, No. 32).
§320.14. Release of Information to Governmental Entity. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code; Reference: Section 1810, Vehicle Code; and Section 1798.26, Civil Code.
HISTORY
1. New section filed 8-21-79; effective thirtieth day thereafter (Register 79, No. 34).
2. Repealer and new section filed 4-24-91; operative 5-24-91 (Register 91, No. 25).
3. Change without regulatory effect renumbering former section 320.14 to section 350.14 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.16. Information Required on a Nongovernmental Application for a Requester Code. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1808.47, 1810, 1810.2, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
HISTORY
1. New section filed 4-24-91; operative 5-24-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.16 to section 350.16 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.18. Additional Requirements for a Nongovernmental Application for a Requester Code. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1808.47, 1810, 1810.2, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
HISTORY
1. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.18 to section 350.18 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.20. Certifications Required with Nongovernmental Applications for Access to Residence Address Information. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.25, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1810, 1810.2, 1811, and 16053, Vehicle Code. Sections 1798. 24 and 1798.26, Civil Code; and Cal Jur 3d 109.
HISTORY
1. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.20 to section 350.20 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.22. Fees Required with an Application for a Nongovernmental Requester Code. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1810, 1810.2, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
HISTORY
1. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.22 to section 350.22 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.24. Bond Requirements with an Application for a Nongovernmental Requester Code. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1808.45, 1808.46, 1808.47, 1810, 1810.2, 1810.7 and 1811, Vehicle Code; Section 1798.26, Civil Code; and Section 1, Ch. 1213, Stats. 1989.
HISTORY
1. New section filed 4-24-91; operative 5-24-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.24 to section 350.24 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.26. Assignment of Commercial Requester Accounts, Requester Codes, and Personnel Identification Numbers to Nongovernmental Entities. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.45, 1808.46, 1808.47, 1810, 1810.2, 1810.7 and 1811, Vehicle Code; Section 1798.26, Civil Code; and Section 1, Ch. 1213, Stats. 1989.
HISTORY
1. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.26 to section 350.26 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.28. Nongovernmental Requester Code Holder's Request for Information. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1808.45, 1808.46, 1808.47, 1810, 1810.2 and 1811, Vehicle Code; Section 1798.26, Civil Code; and Section 1, Ch. 1213, Stats. 1989.
HISTORY
1. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.28 to section 350.28 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.30. Priority for Processing Nongovernmental Requests. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1810, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
HISTORY
1. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.30 to section 350.30 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.32. Release of Information to Commercial Requester Account Holder. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Section 1810, Vehicle Code; and Section 1798.26, Civil Code.
HISTORY
1. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.32 to section 350.32 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.34. Additional Security Requirements for On-Line Access. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1810, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
HISTORY
1. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.34 to section 350.34 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.36. Nonpreapproved Requests for Information. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Section 1798.26, Civil Code; Sections 1808.21, 1808.22, 1808.23, 1808.45, 1808.46, 1808.47, 1810, 1810.2 and 1811, Vehicle Code; and Section 1, Ch. 1213, Stats. 1989.
HISTORY
1. Renumbering and amendment of former section 320.06 to section 320.36 filed 4-24-91; operative 5-25-91 (Register 91, No. 25). For prior history, see Register 79, No. 34.
2. Change without regulatory effect renumbering former section 320.36 to section 350.36 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.38. Identification of Nonpreapproved Requesters. [Renumbered]
Note • History
NOTE
Authority cited: Section 1798.26, Civil Code; Section 1651, Vehicle Code. Reference: Section 1798.26, Civil Code; Sections 1808.21, 1801.22, 1808.45, 1808.46, 1808.47, 1810, 1810.2 and 1811, Vehicle Code; Section 1, Ch. 1213, Stats. 1989.
HISTORY
1. Renumbering and amendment of former section 320.08 to section 320.38 filed 4-24-91; operative 5-24-91 (Register 91, No. 25). For prior history, see Register 79, No. 34.
2. Change without regulatory effect renumbering former section 320.38 to section 350.38 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.40. Release of Information to Nonpreapproved Requester. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.47, 1810, 1810.7, 1811, 1808.22 and 1808.23, Vehicle Code; Section 1798.26, Civil Code; Section 6255, Government Code; and Section 1, Ch. 1213, Stats. 1989.
HISTORY
1. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.40 to section 350.40 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.42. Use of Information. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.45, 1808.46, 1808.47, 1810, 1810.7 and 1811, Vehicle Code; Section 1798.26, Civil Code; and Section 1, Ch. 1213, Stats. 1989.
HISTORY
1. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.42 to section 350.42 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.44. Cost of Information. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1810, 1811 and 1812, Vehicle Code; and Section 1798.26, Civil Code.
HISTORY
1. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.44 to section 350.44 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.46. Payment for Information. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1810 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
HISTORY
1. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.46 to section 350.46 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.48. Retention of Records. [Renumbered]
Note • History
NOTE
Authority cited: Section 1798.26, Civil Code; Sections 1651 and 1810, Vehicle Code. Reference: Section 1798.26, Civil Code; Sections 1808.46, 1810 and 1811, Vehicle Code.
HISTORY
1. Renumbering and amendment of former section 320.11 to section 320.48 filed 4-24-91; operative 5-24-91 (Register 91, No. 25). For prior history, see Register 79, No. 34.
2. Change without regulatory effect renumbering former section 320.48 to section 350.48 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.50. Inspection of Records. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.46, 1810 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
HISTORY
1. New section filed 4-14-91; operative 5-24-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.50 to section 350.50 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.52. Refusal, Suspension or Revocation of Requester Codes. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1808.45, 1808.46, 1808.47, 1810, 1810.2 and 1811, Vehicle Code; Section 1798.26, Civil Code; and Section 1, Ch. 1213, Stats. 1989.
HISTORY
1. New section filed 4-14-91; operative 5-24-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.52 to section 350.52 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.53. Surrender of Records. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1810, 1810.2 and 1810.7, Vehicle Code; and Section 1798.26, Civil Code.
HISTORY
1. New section filed 4-24-91; operative 5-24-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.53 to section 350.53 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§320.54. Temporary Suspension of a Requester Code. [Renumbered]
Note • History
NOTE
Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.45, 1808.46, 1808.47, 1810, 1810.2 and 1811, Vehicle Code; Section 1798.26, Civil Code; and Section 1, Ch. 1213, Stats. 1989.
HISTORY
1. New section filed 4-24-91; operative 5-24-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.54 to section 350.54 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Article 4.5. Registration Services
Note • History
As used in this Article, the following definitions shall apply:
(a) Branch Office. Any business location where the books and records pertinent to the type of business are kept, other than the principal place of business, designated as a branch office by the holder of or an applicant for a registration service license.
(b) Client. Any person compensating a registration service for department work performed or to be performed.
(c) Mobile Office. A motor vehicle designated as the principal place of business or a branch office by the holder of or an applicant for a registration service license. A vehicle used solely to transport an employee or work materials to or from a work site is not a mobile office.
(d) Principal Place of Business. The business location where the books and records pertinent to the type of business are kept designated as the principal place of business by the holder of or applicant for a registration service license.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11401, 11405 and 11406, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 450.00 to section 330.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§330.02. Information Required on a Registration Service Application for an Original License.
Note • History
(a) A complete original application for a registration service occupational license shall be submitted to any departmental Occupational Licensing Inspections Office with the fee required by Section 11409 of the Vehicle Code and any surcharge assessed by the department pursuant to Section 11350.6(n) of the Welfare and Institutions Code.
(b) The application shall be submitted on an Application for Original Occupational License for Registration Service (Part A), Form OL 601 (11/00), provided by the department. Another department-approved version of this form with a different revision date shall be acceptable if the content of the form is in substantial compliance with the requirements of this section. The application shall include the following information:
(1) The full business name under which the registration service will do business.
(2) When a corporation, the true full name of the corporation.
(3) Whether the business is a sole proprietorship, partnership or corporation.
(A) When a corporation, the corporation shall have been authorized by the California Secretary of State to transact business in California.
(4) The true full name and title of the individual owner or each partner (except limited partners) or each stockholder with 10% or more interest in the business, and each director or officer participating in the direction, control or management of the business. This information shall be completed on a Corporate Declaration, Form OL 107 (REV 4/02). If the stockholder disclosed is a corporation, each stockholder with 10% or more interest in the business must be disclosed.
(5) The address and business telephone number for the principal place of business.
(A) The address shall be a street address and shall not be a post office box.
(B) Licensees located outside California must designate a California location as the principal place of business.
(6) The name, address and telephone number for the property owner of the principal place of business.
(7) Whether the principal place of business:
(A) Is a mobile office.
(B) Is located in a residence.
(C) Meets all city and county zoning requirements.
(D) Maintains records electronically.
(8) The address and business telephone number for each branch office.
(A) The address shall be a street address and shall not be a post office box.
(9) The name, address and telephone number for the property owner of each branch office.
(10) Whether each branch office:
(A) Is a mobile office.
(B) Is located in a residence.
(C) Meets all city and county zoning requirements.
(D) Maintains records electronically.
(11) A list of all persons employed or otherwise engaged by a registration service to perform registration work which shall include:
(A) The true full name and residence address.
(B) The birth date, sex, hair color, eye color, height and weight.
(C) The driver license or identification card number and the issuing state.
(D) The date employed.
(E) The owner shall designate those employees authorized to sign a transaction form in lieu of the owner or management.
(F) A statement signed under penalty of perjury under the laws of the State of California that the list contains all persons employed and that the owner accepts full responsibility for the actions of all employees listed.
(12) A statement signed and dated by the individual owner, all partners or a corporate officer, which certifies under penalty of perjury under the laws of the State of California that all the statements made on the application and all attachments to the application are true and that the applicant agrees to notify the department in writing, pursuant to Article 4.5 in Title 13 of the California Code of Regulations, of any change in location, ownership or legal structure of the business.
NOTE
Authority cited: Section 1651, Vehicle Code; and Section 11350.6, Welfare and Institutions Code. Reference: Sections 11400 and 11401, Vehicle Code; and Section 11350.6, Welfare and Institutions Code.
HISTORY
1. Change without regulatory effect renumbering former section 450.02 to section 330.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of subsections (a), (b), (b)(11)(E) and Note filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
3. Amendment of subsections (a)-(b), (b)(4) and (b)(11)(A)-(F) filed 7-18-2003; operative 8-17-2003 (Register 2003, No. 29).
§330.04. Additional Requirements for a Registration Service Application for an Original License.
Note • History
(a) An Application for Occupational License (Part B) Personal History Questionnaire, Form OL 29 (9/94), provided by the department shall be completed and submitted by each person listed in Section 330.02(b)(4) with the application for an original license required by Section 330.02.
(1) Another department-approved version of this form with a different revision date shall be acceptable if the content of the form is in substantial compliance with the requirements of this section.
(b) The personal history questionnaire shall contain the following information:
(1) The true full name of the applicant.
(2) The residence address of the applicant.
(3) The business and home telephone numbers of the applicant.
(4) The physical description of the applicant including sex, color of hair, color of eyes, height, weight and birthdate.
(5) Whether or not the applicant holds a valid California driver license.
(A) When the applicant is a holder of a valid California driver license the license number shall be provided.
(6) Any name or names the applicant has been known by or used other than the name provided in subsection (b)(1).
(7) The experience and employment record of the applicant for the past three years prior to the date the personal history questionnaire is signed and dated by the applicant.
(8) Whether or not the applicant has previously been or is currently licensed in California as a registration service; vehicle salesperson, representative, distributor, dealer, dismantler, manufacturer, remanufacturer, transporter, verifier, lessor-retailer; driving school owner, operator or instructor; traffic violator school owner, operator or instructor; or all- terrain vehicle safety training organization or instructor.
(A) When the applicant has previously been or is currently licensed as described in subsection (b)(8), each current or previous occupational license number issued to the applicant shall be provided.
(9) Whether or not the applicant has ever had a business or occupational license issued by the department or an application for such license refused, revoked, suspended, or subjected to other disciplinary action or was a partner, managerial employee, officer, director, or stockholder in a firm licensed by the department, and the license was revoked, suspended or subject to other disciplinary action.
(A) When the applicant answers yes to subsection (b)(9), the occupational license number, the type of license, the action and the date of the action taken by the department shall be provided.
(10) Whether or not the applicant has ever had a civil judgment rendered against him/her and whether or not the judgment was a result of activity of the applicant's firm licensed by the department.
(A) When the applicant answers that the judgment was a result of activity of the applicant's firm licensed by the department, the amount of the judgment and whether the judgment is paid or unpaid shall be provided.
(11) Whether the applicant was ever a partner, managerial employee, officer, director, or stockholder in a firm that had a civil judgment rendered against it and whether or not the judgment was a result of the activity of the firm licensed by the department.
(A) When the applicant indicates he/she was a partner, managerial employee, officer, director, or stockholder in a firm that had a civil judgment rendered against it and the judgment was a result of the activity of the firm licensed by the department, the amount of the judgment and whether the judgment is paid or unpaid shall be provided.
(12) Whether or not the applicant has ever declared bankruptcy or was a partner, managerial employee, officer, director, or stockholder in a firm that declared bankruptcy.
(A) When the applicant indicates he/she has declared bankruptcy or was a partner, managerial employee, officer, director, or stockholder in a firm that declared bankruptcy, the date the bankruptcy was filed and the name and location of the court of jurisdiction shall be provided.
(13) Whether or not the applicant has ever been convicted, placed on probation, or released from incarceration following conviction for any crime or offense, either felony or misdemeanor, excluding traffic offenses, within the last ten years.
(A) When the applicant indicates he/she was convicted, placed on probation, or released from incarceration following conviction for any crime or offense, either felony or misdemeanor, excluding traffic offenses, within the last ten years, each offense shall be listed with the conviction date, the court of jurisdiction and the disposition.
(14) A statement, signed and dated by the applicant which certifies under the penalty of perjury all the answers and the information contained in the personal history questionnaire are true and correct, and includes the city and state where the document was executed.
(15) The social security number of the applicant.
(c) The applicant shall submit with the personal history questionnaire a certified copy of the arresting agency report and a certified copy of the court documents for each conviction listed pursuant to subsection (b)(13)(A).
NOTE
Authority cited: Section 1651, Vehicle Code; and Section 11350.6, Welfare and Institutions Code. Reference: 42 United States Code 405(c)(2)(C); 42 United States Code 651, et seq.; Section 11401, Vehicle Code; and Section 11350.6, Welfare and Institutions Code.
HISTORY
1. Change without regulatory effect renumbering and amending former section 450.04 to section 330.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of subsection (a), new subsections (a)(1) and (b)(15), and amendment of Note filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
Note • History
(a) Fingerprints shall be submitted by each person listed in Section 330.02(b)(4) to a Live Scan facility. A carbonized copy of the Request For Live Scan Service, Form DMV 8016 (NEW 11/99), shall be submitted with the application for an original license as required by Section 330.02.
(b) The Request for Live Scan Service application shall contain the following:
(1) The typed or printed name of the person fingerprinted.
(2) Any aliases used by the person fingerprinted.
(3) The birth date of the person fingerprinted.
(4) The birthplace of the person fingerprinted.
(5) The sex, height, weight, eye color and hair color of the person fingerprinted.
(6) The driver license or identification card number of the person fingerprinted and state of issue.
(7) The social security number of the person fingerprinted.
(8) The date the fingerprints are taken.
(9) The signature of the person taking the fingerprints.
(10) A statement that the Request for Live Scan Service, Form DMV 8016, is for the purpose of applying for a registration service license.
(11) The home address and telephone number of the person fingerprinted.
(c) Fingerprints are not required when the applicant is currently an occupational licensee of the department or the applicant is a prior occupational licensee of the department whose license has not lapsed more than three years from the date of expiration.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 11401, Vehicle Code; and Section 17520(d), Family Code.
HISTORY
1. Change without regulatory effect renumbering and amending former section 450.06 to section 330.06 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of section and Note filed 7-18-2003; operative 8-17-2003 (Register 2003, No. 29).
§330.08. Registration Service Surety Bond Requirements.
Note • History
(a) Every applicant for issuance or renewal of a registration service license shall submit the bond required by Vehicle Code sections 11401 and 11402 on a Registration Service Surety Bond, form OL 605 (REV. 12/2004), which is hereby incorporated by reference. The bond shall be subject to chapter 2 (commencing with Section 995.010), title 14, of part 2 of the Code of Civil Procedure.
(b) The name of the Principal on the surety bond shall include any and all “Doing Business As” (DBA) names used by the Principal to conduct business as authorized under the occupational license.
(c) The appointment of director as the agent for service of process as required by Vehicle Code section 11403 shall be executed on an Appointment of Director as Agent for Service of Process, form ADM 9050 (Rev. 9/2006), which is hereby incorporated by reference.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 1185 and 1189(a), Civil Code; Section 995.010, Code of Civil Procedure; and Sections 19, 11401, 11402 and 11403, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 450.08 to section 330.08 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of section heading, section and Note filed 2-14-2006; operative 3-16-2006 (Register 2006, No. 7).
3. Amendment of subsection (c) and amendment of form ADM 9050 (incorporated by reference) filed 7-13-2007; operative 8-12-2007 (Register 2007, No. 28).
§330.10. Certification Required with an Application for an Original Registration Service License. [Repealed]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 11403, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering and amending former section 450.10 to section 330.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Repealer filed 2-14-2006; operative 3-16-2006 (Register 2006, No. 7).
§330.12. Temporary Permit and License Issuance and Posting.
Note • History
(a) A temporary permit may be issued to a registration service while the department is completing its investigation and determination of all facts relative to the licensing of a registration service when the department receives all the items specified in Sections 330.02 through 330.10, and after inspection and approval by the department of the principal place of business and any branch offices included in the original application.
(1) A temporary permit may be issued for each business location provided there is no apparent reason for refusal of the license.
(2) Each temporary permit shall be signed by a person described in Section 330.02(b)(4).
(3) Each business location receiving clients shall post the temporary permit in a location visible to the public.
(A) When business is conducted at other than the principal place of business or a branch location, any registration service employee shall provide upon request the original or a copy of the temporary permit.
(b) A registration service occupational license shall be issued to a registration service after the department reviews the application and the Department of Justice report, provided that the department determines all the licensing requirements of Chapter 2.5 of Division 5 of the Vehicle Code are met.
(1) A license for each business location shall be sent to the principal place of business.
(2) Each license shall be signed by a person described in Section 330.02(b)(4).
(3) Each business location receiving clients shall post the original license in a location visible to the public.
(A) When business is conducted at other than the principal place of business or a branch location, any registration service employee shall provide upon request the original or a copy of the license.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11400 and 11404, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering and amending former section 450.12 to section 330.12 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of subsections (a) and (a)(1) filed 10-2-96; operative 11-1-96 (Register 96, No. 40).
§330.14. Renewal of a Registration Service License.
Note • History
(a) Every application for the renewal of a registration service license made by the licensee pursuant to the requirements of Section 11410(b) and (c) of the Vehicle Code shall be submitted to the department with the fee required by Section 11409 of the Vehicle Code and any surcharge assessed by the department pursuant to Section 11350.6(n) of the Welfare and Institutions Code.
(b) The renewal shall be submitted on a Registration Services License Renewal Billing Notice, Form OL 603 (2/92), or an Application for Renewal, Form OL 45 (9/94) provided by the department. Another department-approved version of either of these forms with a different revision date shall be acceptable if the content of the form is in substantial compliance with the requirements of this section. The renewal form shall include the following information:
(1) A designation as to whether the type of ownership structure is individual owner, partnership or corporation.
(2) The names and social security numbers of all owners, including individual owners, partners or corporate officers.
(3) A current business telephone number.
(4) A certification signed under the penalty of perjury by the individual owner, a partner or any corporate officer that the information is true and correct.
(c) When the application for the renewal of a registration service license is not postmarked or received at the department by midnight of the 30th day following the expiration date of the license, the licensee shall comply with all the original licensing requirements as specified in this Article.
NOTE
Authority cited: Section 1651, Vehicle Code; and Section 11350.6, Welfare and Institutions Code. Reference: 42 United States Code 405(c)(2)(C); 42 United States Code 651, et.seq.; Sections 11409 and 11410, Vehicle Code; and Section 11350.6, Welfare and Institutions Code.
HISTORY
1. Change without regulatory effect renumbering former section 450.14 to section 330.14 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of subsections (a), (b), (b)(2) and Note filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
§330.16. Change of Business or Corporate Name.
Note • History
(a) Prior to changing the business or corporate name of a registration service, a request for change shall be submitted to the department for approval.
(b) The request shall be submitted on an Application for Changes to an Occupational License for Registration Service, Form OL 600 (8/91), provided by the department and shall include the following information:
(1) When the business name is changing, the full prior business name.
(2) The occupational license number.
(3) When the corporate name is changing, the full prior corporate name.
(4) An indicator checked which discloses that the business or corporate name is being changed.
(5) The new business or corporate name.
(6) A statement, signed under penalty of perjury by the individual owner, any partner or a corporate officer, certifying that the information entered on the application is true and correct.
(c) The request shall be submitted with the following items:
(1) The fee specified in Section 11409 of the Vehicle Code.
(2) A copy of the meeting minutes authorizing the name change, when a corporate name is changing.
(3) A rider to the registration service's bond filed pursuant to Section 11402 of the Vehicle Code, reflecting the new business or corporate name.
(A) The rider shall be completed by the surety that issued the bond currently in effect.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11402 and 1409, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 450.16 to section 330.16 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§330.18. Addition of a Branch Office or Change of Address.
Note • History
(a) Prior to adding a branch office or changing the location of the principal place of business or any branch office, a registration service shall submit a request to the department for approval.
(b) The request shall be submitted on an Application for Changes to an Occupational License for Registration Service, Form OL 600 (8/91), provided by the department and shall include the following information:
(1) The full business name.
(2) The occupational license number.
(3) When a corporation, the full corporate name.
(4) When a branch office is being added, the indicator checked which discloses that a branch is being added, the address and telephone number of the added branch and the name, address and telephone number of the property owner.
(5) When an address is being changed, an indicator checked which discloses whether the address change is for the principal place of business or a branch office, the new street address and telephone number, the prior street address and telephone number and the name, address and telephone number of the property owner.
(6) Whether the added branch or the new branch location of the principal place of business or branch office:
(A) Is a mobile office.
(B) Is located in a residence.
(C) Meets all city and county zoning requirements.
(D) Maintains records electronically.
(7) A statement, signed under penalty of perjury by the individual owner, any partner or a corporate officer, certifying that the information entered on the application is true and correct.
(c) The request shall be submitted with the fee required by Section 11409 of the Vehicle Code.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 11409, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 450.18 to section 330.18 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
(a) A registration service shall notify the department not later than ten days after there is a deletion to the list of employees employed to perform registration work. When adding an employee the department shall be notified prior to the submission of any registration work by the employee. The notification shall be submitted to an Occupational Licensing Inspections Office with receipt acknowledged by a licensing inspector.
(b) The notification shall be submitted on the Registration Service Application for Employee Changes, Form OL 630 (NEW 3/26/03), and the Field Office Registration Service Employee Listing Form, OL 607A (NEW 3/26/03). The Registration Service Application for Employee Changes, Form OL 630 (NEW 3/26/03) provided by the department, shall include the following information:
(1) The full firm name.
(2) The occupational license number.
(3) When a corporation, the true full name under which the firm does business.
(4) The business address and telephone number.
(5) The department offices to which the licensee has been assigned.
(6) When adding an employee, the date added.
(7) When deleting an employee, the date deleted.
(8) The true full name and residence address for each employee added or deleted.
(9) The driver license or identification card number and the issuing state for each employee added or deleted.
(10) The birth date, sex, hair color, eye color, height and weight for each employee added or deleted.
(11) The owner shall designate if the employee added is authorized to sign a transaction form for the owner or management.
(12) A statement, signed under penalty of perjury under the laws of the State of California that the owner accepts full responsibility for the actions of all employees added and the employees added are employees of the business and certifying the information given is true and correct.
(c) The Field Office Registration Service Employee Listing, Form OL 607 A (NEW 3/26/2003), provided by the department, shall include the following:
(1) The full firm name.
(2) The occupational license number.
(3) The business address and telephone number.
(4) A new and complete listing of all employees authorized to submit registration work including:
(A) The true full name.
(B) Date of birth.
(C) Driver license or identification card number.
(D) State of issuance of driver license or identification card.
(E) Whether or not the employee listed is authorized to sign for the owner or management of the business.
(5) A statement, signed under penalty of perjury under the laws of the State of California, that the owner, partner, or officer of the corporation or limited liability corporation member accepts full responsibility for the actions of all employees listed as well as those employees given authority to sign for the owner or management and certifying the information is true and correct.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 11401, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 450.20 to section 330.20 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment filed 7-18-2003; operative 8-17-2003 (Register 2003, No. 29).
Note • History
(a) A change of registration service ownership occurs when any person designated as a licensee has changed, other than a corporate officer change as described in Section 330.22.
(1) The existing licensee of a registration service shall notify the department within 10 days prior to the effective date of a change of ownership.
(b) Any person holding a registration service license shall notify the department within 10 days prior to the effective date of a change of ownership.
(1) The notification shall be in writing and shall specify the effective date of the change of ownership.
(c) When a change of registration service ownership occurs, the documents and fees required by Section 11409 of the Vehicle Code and Sections 330.02, 330.04, 330.06, 330.08, and 330.10 shall be submitted to the department to apply for a new license.
(d) The provision of Sections 330.52(b) and 330.58(b), (c) and (d) for a registration service which voluntarily goes out of business shall also apply to a registration service when a change of ownership occurs.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 11490, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering and amending former section 450.20 to section 330.21 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§330.22. Change in Corporate Officer Structure.
Note • History
(a) A registration service shall notify the department of a change in the corporate structure not later than 10 days after the effective date of the change.
(b) The notification shall be made by submitting to the department a copy of the corporate minutes affixed with the corporate seal reflecting the change or an Application for Changes to an Occupational License for Registration Service, form OL 600 (8/91), provided by the department containing the following information:
(1) The name of the corporation.
(2) The occupational license number.
(3) The true full name and title of each controlling stockholder, officer or director of the corporation added or deleted with the date of the addition or deletion.
(4) A statement, signed under penalty of perjury by a corporate officer, certifying that the information entered on the application is true and correct.
(c) The notification shall be submitted with the following items:
(1) The fee required by Section 11409 of the Vehicle Code.
(2) A completed personal history questionnaire as specified in Section 330.04, for each controlling stockholder, officer or director added to the corporate structure.
(3) A completed fingerprint card as specified in Section 330.06, for each controlling stockholder, officer or director added to the corporate structure.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11401 and 11409, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering and amending former section 450.22 to section 330.22 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
(a) Each registration service shall display a sign that includes the full name of the service as shown in departmental records at the principal place of business or any branch office receiving clients.
(b) Each registration service shall display a sign, pursuant to subsection (a), on the office door and the on the building directory, when there is such a directory, at the principal place of business or any branch office receiving clients which is located in a building housing more than one business.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 11401, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 450.24 to section 330.24 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
(a) Each registration service shall provide in all media of advertising and telephone listings, the following information:
(1) The business name of a registration service as shown in department records and the address of the principal place of business or a branch office, or
(2) The business name of a registration service as shown in department records and the registration services' occupational license number issued by the department.
(b) No registration service advertisement or statement shall indicate in any way that a registration service can issue or guarantee the issuance of any department documents, or imply in any way that the registration service can influence the services of the department, affect the client's obligations to the state or obtain any preferential or advantageous treatment from the department.
(c) No registration service shall state or imply that the service can obtain reduced departmental fees.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 25 and 11405, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 450.26 to section 330.26 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Repealer of subsection (c) and subsection relettering filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
3. Repealer of subsection (c) and subsection relettering filed 10-2-96; operative 11-1-96 (Register 96, No. 40).
§330.28. Additional Services Provided. [Repealed]
Note • History
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 505.2 and 11400, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 450.28 to section 330.28 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Repealer filed 10-29-97; operative 11-28-97 (Register 97, No. 44).
§330.30. Compensation Received by a Registration Service.
Note • History
(a) A list of the costs for work performed by a registration service for each type of transaction shall be conspicuously posted in a place visible to the public at each business location receiving clients.
(1) When alternative methods are used to determine costs, the list of costs shall also contain a description of the alternative methods.
(b) When clients are not received at a business location, a copy of the list of costs shall be provided by the registration service to each client prior to accepting a transaction or any compensation.
(c) The list of the costs shall not include any fees due to the department.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: 11406, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 450.30 to section 330.30 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§330.32. Submitting Fees and Documents to the Department.
Note • History
(a) The submission to a registration service by a client of fees due to the department does not constitute receipt of the fees by the department.
(b) Whenever a registration service receives any fees due to the department for a registration transaction, the registration service shall submit the fees with any documents available for the registration transaction to the department within seven departmental business days of the receipt of the fees.
(1) Notwithstanding subsection (b) above, no registration service shall delay submitting the fees with any documents available for the registration transaction to the department when such a delay would cause the fees to be subject to penalty by the department, except when specifically authorized by the client to delay submission, and provided that the authorized delay does not cause the submission to exceed seven departmental business days from the receipt of the fees.
(A) The registration service shall maintain in their records documentation of a client's authorization to delay submission of fees or documents.
(2) Fees and documents submitted by the service through the mail shall be considered received by the department by midnight of the postmark date.
(3) Fees and documents submitted in person during the business hours of the department shall be considered received the same day.
(4) Fees and documents left at a departmental office after the close of business and found upon start of business the next business day shall be considered received by the department by midnight of the previous business day.
(c) All transactions submitted to the department shall be submitted on the transaction authorization agreement form as described in Title 13, Section 330.42, California Code of Regulations, unless exempted as described in subsection (j), (k), (l), or (m) of Section 330.32.
(d) A registration service shall submit registration work only to an office the registration service has been assigned to by the department.
(e) Registration service employees shall present their state issued driver licenses and/or identification cards when requested by a department employee. The department employee shall verify, using the list provided by the registration service identified in Section 330.02, that the individual has been identified by the licensee as an employee of the registration service. A department office shall not process transactions submitted by an individual not specified by the licensee as an employee of the registration service or an individual who refuses to provide identification to a department employee as described in this section.
(f) A client check made payable directly to the department shall be submitted by the registration service to the department solely for the transaction(s) for which the check was written.
(g) Documents submitted with missing or incomplete information shall be returned to the registration service for completion.
(h) Except as provided under subdivision (c) of Vehicle Code Section 4466, a registration service shall not submit an application for substitute or duplicate license plates unless the transaction is processed for a dealer and contains a vehicle report of sale; or is submitted for a member of the International Registration Plan (IRP) or Permanent Fleet Registration (PFR).
(i) All transactions must be submitted on a transaction authorization agreement as described in Section 330.42, and completed and signed by the client and the owner or employee authorized to sign for the owner or management identified on the employee listing described in Section 330.02(b)(11)(E) and/or Section 330.20(b)(11). A registration service that is a participant in the Business Partner Automation Program and only submits registration transactions electronically to the department is excluded from this requirement. A registration service submitting a transaction for a vehicle registered in the International Registration Plan (IRP), Permanent Fleet Registration Program (PFR), or Permanent Trailer Identification Program, or a vehicle registered as special equipment is excluded from this requirement.
(j) An information request submitted on a Registration Information Request for Lien Sale, form INF 1126 (REV 1/99), is excluded from the requirements in subdivision (i) of this section.
(k) A request for authorization to conduct a lien sale submitted on an Application for Lien Sale Authorization and Lienholder's Certification, form REG 656 (REV 1/99), is excluded from the requirements in subdivision (i) of this section.
(l) A registration service who enters into a contractual agreement with a dealer or dismantler, vessel agent, or lessor-retailer using the Registration Transaction Authorization Agreement, Occupational Licensee/Vessel Agent, Form REG 600A (New 3/26/03), is excluded from the requirement identified in subdivision (i) of this section, provided the agreement is maintained in the records of the principle place of business and the transactions are submitted on the approved listing sheet as described in Title 13, Section 330.44, California Code of Regulations.
(m) Registration transaction of an identical transaction type submitted for an individual registered owner and/or transactions submitted for a financial institution identified as the legal owner on the certificate of title of the vehicle may be submitted on the Transmittal of Registration Applications, Form FO 247 (REV 5/97), provided each transmittal is accompanied by a completed Transaction Authorization Agreement, Form REG 600 (New 3/26/2003).
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 4466 and 11406, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering and amending former section 450.32 to section 330.32 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of subsections (b)(1), (b)(4), (c) and (d) and new subsections (e)-(m) filed 7-18-2003; operative 8-17-2003 (Register 2003, No. 29).
3. Change without regulatory effect amending subsection (h) and Note filed 2-8-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 6).
§330.34. Subcontracting and Responsibility.
Note • History
(a) No person other than an owner or an employee of a registration service shall perform work on a registration service transaction.
(b) The registration service initially accepting the compensation paid by the client is responsible for all the work performed on each registration service transaction submitted to the department.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 505.2 and 11406, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 450.34 to section 330.34 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of subsection (a), repealer of subsection (b), subsection relettering, and repealer of subsection (d) filed 10-2-96; operative 11-1-96 (Register 96, No. 40).
§330.38. Withholding Documents or Operating Authority.
Note • History
A registration service shall not claim ownership or withhold from any client anything issued to the client by the department through the efforts of the registration service.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 11405, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 450.38 to section 330.38 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§330.40. Release of Information.
Note • History
A registration service shall keep confidential pursuant to Sections 1808.21, 1808.45, 1808.46 and 1808.47 of the Vehicle Code any name and address information obtained from departmental documents or records.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 11406, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 450.40 to section 330.40 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§330.42. Information for Clients.
Note • History
(a) In addition to the requirements of Vehicle Code Section 11406, for every transaction a registration service shall complete a Registration Transaction Authorization Agreement, Form REG 600 (New 3/26/03), provided by the department.
(b) The authorization agreement shall include the following information:
(1) A statement that “THIS IS NOT AN OPERATING PERMIT” shall appear in capital letters.
(2) A unique preprinted number assigned by the department.
(3) The name and occupational license number of the registration service.
(4) The identity of each vehicle by the vehicle identification number, year, make, type, and license plate number.
(5) The type of registration transaction.
(6) The true full name and signature of the client.
(7) The residence address and daytime telephone number of the client.
(8) The driver license or identification card number and state of issue of the client.
(9) The signature of the registration service employee verifying the identity of the client.
(10) The estimated department fees collected.
(11) The service charge (fee), total DMV fees, and date collected by the registration service.
(12) The method of payment by the client.
(13) The printed name of the registration service employee who prepared the documents included in the transaction.
(14) The name, business address, business telephone number, and signature of the registration service owner or employee authorized to sign for the owner or management as described in Section 330.02(b)(11)(E) and 330.20(b)(9).
(15) The true full name and signature of the authorized registration service employee.
(16) A final statement of fees collected including: prior department fees collected, additional department fees collected, total department fees, department fees refunded, reason for refund (including dates for each), total service fee collected, and method of payment.
(c) The authorization agreement shall be used exclusively, in numerical sequence, by the registration service to whom it was issued. It shall not be transferred to another registration service.
(d) The agreement form shall be used by the registration service to record all transactions except those excluded by Title 13, Section 330.32, California Code of Regulations.
(e) The authorization agreement shall be prepared in triplicate for distribution as follows:
(1) The original shall be submitted with the registration documents to the assigned department office.
(2) The duplicate copy shall be provided to the client prior to submission of the original to the department.
(3) The triplicate copy shall remain with the firm's business records at the principal place of business.
(f) The registration service shall maintain a record in numerical order of each Registration Transaction Authorization Agreement, Form REG 600 (NEW 3/26/2003), issued, voided, or lost. For each agreement voided, the record shall indicate the date voided. For each agreement or group of agreements lost, the record shall indicate the date lost, and the series numbers of the agreement(s). The registration service shall notify the department in writing within 2 business days from the date of the discovery of the loss. A copy of the report of loss shall be retained with the record.
(g) Authorization agreements shall not be duplicated or reproduced for any purpose.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 11406, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 450.42 to section 330.42 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Repealer and new subsection (a), repealer of subsection (b), subsection relettering, and amendment of newly designated subsections (a)(1), (b) and (c) filed 10-2-96; operative 11-1-96 (Register 96, No. 40).
3. Amendment filed 7-18-2003; operative 8-17-2003 (Register 2003, No. 29).
§330.44. Listing Sheet for Transmitting Registration Documents.
Note • History
(a) Pursuant to Section 11406(b) of the Vehicle Code, the listing sheet approved by the department shall be the Transmittal of Registration Applications, Form FO 247 (REV 5/97) provided by the department.
(b) The listing sheet shall include the following information:
(1) The full business name of the principal place of business or the branch office of the dealer or dismantler for whom the transactions are submitted.
(2) The mailing address of the principal place of business or the branch office of the dealer or dismantler for whom the transactions are submitted.
(3) The occupational license number of the dealer or dismantler for whom the transactions are submitted.
(4) The occupational license number of the registration service.
(5) The printed name of the registration service representative submitting the transactions.
(6) The telephone number of the dealer or dismantler for whom the transactions are submitted.
(7) The telephone number of the registration service.
(8) Whether the department will prepare a refund check or a credit receipt for any overpayment.
(9) Whether, after processing by the department, the listing sheet and documents will be mailed to the address in subsection (b)(2) or will be picked up by the registration service.
(10) A list of all transactions submitted with the listing sheet which shall be grouped by new and used vehicles and shall include for each transaction:
(A) The vehicle identification number or the California license plate number.
(B) The last name followed by the first initial of each buyer.
(C) The dealer report of sale number or the dismantler acquisition number.
(D) Whether the transaction is for a new or used vehicle.
(E) The date of the sale.
(F) The amount of departmental fees collected by the dealer or registration service.
(G) The receipt number and the amount of the receipt when a credit receipt was issued by the department for fees previously submitted for a vehicle.
(H) The amount of cash or check submitted.
(I) The total amount of credit, cash or check submitted.
(J) The amount of the refund when a check is due.
(11) The signature of the registration service representative submitting the transactions.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11406 and 11407, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 450.44 to section 330.44 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of subsection (a) and Note filed 7-18-2003; operative 8-17-2003 (Register 2003, No. 29).
§330.46. Incomplete Transactions.
Note • History
(a) Prior to returning any incomplete transaction to a client, a registration service shall send a written request to the client for any documents, compensation or departmental fees necessary to complete the transaction.
(1) Each registration service shall retain in their business records a copy of the written request with the date the request was sent to the client.
(2) The registration service shall allow the client a minimum of 45 days to respond from the date the request was sent.
(A) The registration service shall indicate on the request the date by which the client must respond.
(b) When the client fails to contact the registration service or to submit the documents, compensation or departmental fees requested pursuant to subsection (a) by the designated date, the registration service shall return the incomplete transaction, including all receipts for departmental fees paid, to the client.
(1) Each transaction shall be returned to the last known address of the client by registered mail no later than 60 days following the date the request was sent to the client.
(2) The registration service shall retain in their business records the date the transaction was mailed to the client.
(c) When the registered mail sent pursuant to subsection (b) is returned unclaimed to the registration service, the transaction shall be forwarded with the unclaimed envelope to the department's Registration Processing Unit, PO Box 942869, Sacramento, CA 94269-0001, within 10 days of the date the mail was returned unclaimed to the registration service.
(1) The incomplete transaction shall be forwarded with the registration service's name, address, and occupational license number, the reason(s) the transaction could not be completed by the registration service, and the date of any attempt to contact the client.
(2) The registration service shall retain in their business records the date the transaction was returned unclaimed to the registration service and the date the transaction was forwarded to the department.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 11406.5, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 450.46 to section 330.46 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of subsections (a), (a)(2)-(b)(1) and Note filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
3. Amendment of subsection (a)(1) filed 7-18-2003; operative 8-17-2003 (Register 2003, No. 29).
§330.48. Maintenance and Inspection of Business Records.
Note • History
(a) A registration service shall maintain the business records required to be retained by Section 11406 of the Vehicle Code and Sections 330.32, 330.42 and 330.46 for four years from the date the transaction, any departmental fees, or any compensation was last received from the client, whichever is the latest date.
(b) A registration service shall maintain the business records required to be retained by Section 11406 of the Vehicle Code and Sections 330.32, 330.42 and 330.46 at the principal place of business, except when the service has branch locations, records peculiar to each branch shall be maintained at the appropriate branch location.
(c) Upon approval by the department, records retained pursuant to subsection (a) may be maintained at a business location other than as required in subsection (b), provided that:
(1) The records are over 12 months old from the date the transaction, any departmental fees, or any compensation was last received from the client, whichever is the latest date; and
(2) A written request is submitted to the department specifying the location where the business records shall be maintained and granting the department authorization to inspect the records at the specified location.
(d) All business records maintained pursuant to this section shall be available for inspection by departmental employees at any business location specified by the department upon one business day's notice by the department, except as provided in Section 330.50(c)(1).
(e) The business records shall be maintained or retrievable by the unique identifying number on each department approved transaction authorization agreement form except as specified in Title 13, Section 330.32(g) and provided the listing sheet as described in Title 13, Section 330.44, California Code of Regulations, is maintained.
(f) The registration service shall ensure business records are stored and secured in such a manner that the confidentiality of client information is maintained.
(g) Business records that are maintained by the approved listing sheet shall be kept in date order.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11406 and 11407, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering and amending former section 450.48 to section 330.48 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. New subsections (e)-(g) filed 7-18-2003; operative 8-17-2003 (Register 2003, No. 29).
§330.50. Electronic Maintenance of Records.
Note • History
(a) When a registration service electronically maintains any of the records required to be retained by Section 11406 of the Vehicle Code and Sections 330.32, 330.42 and 330.46, it shall be indicated on the original application required by Section 330.02.
(b) When a registration service, subsequent to the submission of the original application to the department, initiates electronic maintenance for any of the records required to be retained by Section 11406 of the Vehicle Code and Sections 330.32, 330.42 and 330.46, the registration service shall notify the department in writing not later than 10 days after beginning electronic maintenance.
(1) The notification shall include the address of the principal place of business or any branch office initiating electronic maintenance with the effective date of the maintenance.
(c) Any registration service electronically maintaining records required to be retained by Section 11406 of the Vehicle Code and Sections 330.32, 330.42 and 330.46, shall provide to the department at no charge a paper copy of the business records at any business location specified by the department.
(1) The paper copy shall be provided upon seven business days notice by the department.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11406 and 11407, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering and amending former section 450.50 to section 330.50 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§330.52. Registration Service Voluntarily Out of Business.
Note • History
(a) When a registration service voluntarily goes out of business, the service shall notify the department's local Division of Investigations and Occupational Licensing office not later than the first departmental business day after the closing date.
(1) The notification shall include the date of the last day of business for the registration service.
(b) When a registration service voluntarily goes out of business, the registration service shall be responsible for completing all pending transactions prior to the closure of the business.
(1) When a registration service fails to complete any pending transactions, the service shall notify in writing not later than the third departmental business day after the closing date all clients whose transactions were not completed prior to closure of the business.
(A) The client notification shall include the date of the last day of business for the registration service, a statement that all transactions pending with the registration service are required to be delivered to the department's local Division of Investigations and Occupational Licensing office not later than the third departmental business day following the service's last day of business, and the address and phone number of the local office.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 505.2 and 11407, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 450.52 to section 330.52 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§330.54. Refusal to Issue, Suspension, Revocation or Cancellation of a License.
Note • History
(a) In addition to the conditions specified in Sections 11405 and 11408 of the Vehicle Code, the department may suspend, revoke, or refuse to issue a license to act as a registration service for any of the following reasons:
(1) The registration service wrote a check to the department that was thereafter dishonored when presented for payment.
(2) The registration service violated any of the provisions contained in this Article.
(b) A registration service license may be canceled by the department when the license was issued through error.
NOTE
Authority cited: Sections 1651, Vehicle Code. Reference: Section 11405 and 11408, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 450.54 to section 330.54 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§330.56. Notices of Suspension.
Note • History
(a) When a registration service license is suspended pursuant to Vehicle Code Sections 11405 and 11408 or Section 330.54, it may be a condition of suspension that departmental employees be allowed to post two notices of suspension in places conspicuous to the public on each licensed location where clients are received.
(1) The notices shall remain posted until the termination of suspension.
(2) The notices shall contain the following information:
DEPARTMENT OF MOTOR VEHICLES
NOTICE OF SUSPENSION
THE REGISTRATION SERVICE LICENSE
ISSUED FOR THESE PREMISES
HAS BEEN SUSPENDED FROM
(date) THROUGH (date)
BY ORDER OF THE DEPARTMENT OF MOTOR VEHICLES
FOR VIOLATION OF THE REGISTRATION SERVICES
LICENSING LAWS
Removal of this notice prior to termination of suspension or any representation to the effect that registration services have been suspended for any reason other than by order of the department shall be deemed grounds for further action.
FOR FURTHER INFORMATION CALL
(telephone number of the local investigation office).
(b) In addition to posting the notices as specified in subsection (a) and in lieu of posting notices at those registration service locations not receiving clients, it may be a condition of suspension that the department publish a notice of suspension in any newspaper to be selected by the department.
(1) The published notices shall contain the following information:
NOTICE OF SUSPENSION
The registration service license issued for (name of business) located at (address of business) is suspended from (date) through (date) by order of the Department of Motor Vehicles for violation of the registration service licensing laws.
For further information call (telephone number of the appropriate district investigation office).
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 11408, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering and amending former section 450.56 to section 330.56 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of subsections (a) and (b) filed 10-2-96; operative 11-1-96 (Register 96, No. 40).
§330.58. Surrender of Records.
Note • History
(a) When the license of a registration service is suspended or revoked pursuant to Sections 11405 or 11408 of the Vehicle Code or Section 330.54, all records retained pursuant to Section 11406 of the Vehicle Code and Sections 330.32, 330.42 and 330.46, any pending client transactions or fees, and all department issued licenses and supplies shall be surrendered to the department.
(1) These items shall be surrendered to the department's local Division of Investigations and Occupational Licensing office not later than the end of the day on which the suspension or revocation takes effect.
(b) When a registration service voluntarily goes out of business, all records retained pursuant to Section 11406 of the Vehicle Code and Sections 330.32, 330.42, and 330.46, any pending client transactions or fees, and all department issued licenses and supplies shall be surrendered to the department.
(1) These items shall be delivered to the department's local Division of Investigations and Occupational Licensing office not later than the end of the third business day following the last day of business for the service.
(c) The department shall provide a no fee copy of the surrendered records to the registration service not later than 30 days from the date of surrender, provided the registration service submits a written request to the department at the time of surrender.
(d) When any incomplete transactions which were returned to the client pursuant to Section 330.46(b) are returned unclaimed to a registration service after the other records have been surrendered, the procedures in Section 330.46(c) and (c)(1) shall apply.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11405 and 11408, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering and amending former section 450.58 to section 330.58 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§330.60. Certificate of Convenience.
Note • History
(a) The department may issue a certificate of convenience upon the death of an individual owner, or a partner, or all the corporate officers of a registration service which will allow the business of the registration service to continue until the estate is settled providing that a certified copy of the death certificate is filed with the department.
(b) The certificate of convenience shall be issued to the executor, executrix, administrator, administratrix, surviving spouse or other heir entitled to conduct the business of the deceased.
(c) When the estate is settled, any owner of the business shall comply with the original licensing requirements specified in this Article.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 11401, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 450.60 to section 330.60 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Article 4.6. Driving Schools and Instructors
Note • History
(a) A license to own or operate a driving school shall not include the right to give driving instructions.
(b) A license to give driving instruction for driving schools will be limited to giving such instruction while in the employ of the driving school named in the application. The instructor's license must be readily available in the office for each school he may represent and surrendered to the department by the driving school when the instructor becomes inactive, transfers to another school or when the license is expired, canceled, suspended or revoked.
(c) An identification card will be issued with all driving instructor licenses which shall be in the possession of the licensee at all times while accompanying a student. When an instructor becomes inactive, transfers to another school, or the license is expired, cancelled, suspended or revoked, he/she shall immediately surrender to his/her employing driving school his/her instructor's identification card. The employing driving school is then responsible for surrendering the ID card to the department within 30 days after such event. If an instructor fails or refuses to surrender the ID card, the employing driving school may so notify the department, in writing, in lieu of satisfaction of the requirement that the school surrender the ID card itself.
(d) A licensed instructor may transfer from one driving school to another upon filing of the proper application with the department, payment of the required fee, and surrender of his/her instructor's identification card, as required in (c), above. Application for such transfer must be on file with the department on or before the effective date of the transfer.
(e) An instructor may be licensed to more than one school provided that a written statement from each employing school operator is submitted to the department acknowledging such employment.
(f) The license to own or operate a driving school shall be prominently displayed in the place of business of the driving school.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 1651, 11100, 11104, 11105 and 11105.5, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 400.00 to section 340.00 and amendment of article heading filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
All applications for licenses under Chapter 1, Division 5 (commencing with Section 11100) of the Vehicle Code shall be made on forms furnished by the department. All applications for original licenses shall be accompanied by two clear sets of fingerprints on standard fingerprint cards. All applications for renewal of instructor licenses shall be accompanied by a medical examination report at least every three years. Evidence of possession of a valid Medical Examiner's Certificate may be accepted in lieu of the medical examination report.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652, 11100, 11102, 11102.5, 11104, 11105, 11105.1 and 11105.5, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 400.10 to section 340.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§340.13. Driving School Owner or All-Terrain Vehicle Safety Training Organization Principal Surety Bond Requirements.
Note • History
(a) Every applicant for issuance or renewal of a driving school owner or all-terrain vehicle safety training organization principal occupational license shall submit the bond required by Vehicle Code section 11102 on a Driving School Owner or All-Terrain Vehicle Safety Training Organization Principal Surety Bond, form OL 218 (REV. 11/2004), which is hereby incorporated by reference. The bond shall be subject to chapter 2 (commencing with Section 995.010), title 14, of part 2 of the Code of Civil Procedure.
(b) The true, full name of the driving school owner or all-terrain vehicle safety training organization principal, and any doing business as (DBA) names under which the licensed activity is conducted, shall be entered on the bond.
(c) The appointment of director as the agent for service of process required by Vehicle Code section 11102(a)(5) shall be in the form required under subdivision (c) of Section 330.08 of Title 13, California Code of Regulations.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 995.010, Code of Civil Procedure; and Section 11102, Vehicle Code.
HISTORY
1. New section filed 2-14-2006; operative 3-16-2006 (Register 2006, No. 7).
§340.15. Insurance Requirements.
Note • History
The certificate of insurance required by Vehicle Code Section 11103 shall be on a form prescribed by the department. A new insurance certificate must be on file with the department before the expiration of a prior one. An insurance certificate will not be required of those schools that offer classroom instruction only.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652 and 11103, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 400.15 to section 340.15 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
(a) Each applicant for licensing as a driving school owner shall designate his/her place of business or branch location(s). Upon inspection and approval by the department, separate locations used by the school exclusively as classrooms will be granted an exemption from licensing as separate places of business.
(b) A driving school branch location is any location, other than the principal place of business, maintained to provide driving school services. A branch location must comply with the requirements of Sections 320 and 11102(a)(3) of the California Vehicle Code. Upon approval of the department, the records may be maintained at another business location, provided a written instrument is filed with the department describing such other location.
(c) A driving school's established place of business and branch location(s) shall have erected or posted thereon outdoor and/or indoor signs or devices providing information stating the school's name, address, and office hours. Every such sign erected or posted on an established place of business or branch location(s) shall have an area of not less than two square feet per side displayed unless size is restricted by building lease agreement or local ordinance, and shall contain lettering of sufficient size to enable the sign or device to be read from a distance of at least 50 feet for an outdoor sign or 10 feet for an indoor sign.
(d) In the absence of the operator, the person left in charge of the office during the posted office hours shall be fully qualified and authorized to give pertinent information to the public concerning lessons and accounts and to give information to any representative of the department concerning the operation of the school.
(e) At least twenty-four hours notice must be given the department before any change in posted office hours.
(f) Each school shall file an application with the department accompanied by the required fees for any change of address of a driving school ten days before opening for business at any new location.
NOTE
Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sections 320, 1651, 11102, 11105.2 and 11113, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 400.20 to section 340.20 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§340.25. Driver Education Courses for Minors.
Note • History
(a) Any driver education course to be conducted for minors by a licensed driving school must be specifically approved by the department prior to the commencement of the course.
(b) Approval for conducting driver education courses shall be contingent upon the school meeting and maintaining the following requirements:
1. All driver education instruction shall be conducted in a classroom approved by the department.
2. All classroom instruction shall be taught by a licensed instructor.
3. Lesson plans must be approved by the department.
4. Each student may receive a maximum of seven (7) hours of instruction per day.
5. The schedule of classes including dates and times shall be filed with the department before any course begins.
6. Provide a minimum of 16 sq. ft. of floor space per student.
7. Provide adequate seating and writing facilities such as desks and chairs or tables and chairs.
8. Provide adequate lighting.
9. Have available in good working condition at least one of the following: 1) video recorder, 2) motion picture projector, 3) slide projector, or, 4) film strip projector. The school must also have a chalk board or a magnetic board.
10. Use at least five (5) motion picture films, video tapes, film strips, or slide presentations or any combination thereof approved by the department. The total presentation(s) must provide at least 100 minutes of actual viewing time.
11. Use textbooks approved by the department and provide one book per student participating.
NOTE
Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Section 11113, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 400.25 to section 340.25 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§340.27. Certificates of Completion for Minors.
Note • History
(a) Each driving school shall be held accountable for any Certificate of Completion, forms OL 237, OL 238 and OL 239, issued to the school. Form OL 214 used for such accounting shall be furnished by the department. Each certificate issued shall be recorded in numerical sequence giving the number of the certificate, the full name of the student, and the date the certificate was issued. Whenever the school goes out of business all such records of certificates issued shall be surrendered to the department along with any unused certificates.
(b) Certificates of Completion shall not be issued for any minor who does not complete the training required by Section 12814.6(a)(4)(B) of the Vehicle Code. Upon request of a minor student withdrawing from a course of instruction prior to completion of such course, the school shall issue the student a certified copy or transcript of his instructional record which shall show the amount and type of training given.
(c) Any driving school providing the required training course to students described in paragraph (b) of this section shall retain a copy or transcript of each student's record as evidence of the total hours of training he/she has received. A Certificate of Completion may then be issued by the driving school for each student completing the required course of instruction.
NOTE
Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sections 1652, 11108, 11113 and 12814.6, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 400.27 to section 340.27 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Change without regulatory effect amending subsections (b) and (c) and Note filed 2-25-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 9).
Note • History
(a) Passenger Vehicles. A certificate stating that each training vehicle has been inspected and is in safe mechanical condition shall be submitted to the department by each driving school operator before a driving school license may be issued or renewed. Exception: Upon renewal, a new certificate may not be required if the vehicle(s) was inspected within 120 days of renewal and such certification is on file with the department. The inspection and certificate must be completed by a person licensed to repair automobiles by the Bureau of Automotive Repair or by an employee of a repair facility licensed by the Bureau of Automotive Repair. The certificate must bear the signature and business address of the person making the inspection. A separate certificate must be submitted for each vehicle. Forms for this purpose shall be furnished by the department. Vehicle inspection certificates will be required on all replacement or added vehicles before they may be used in driver training.
(b) Commercial Power Units--Tractors. A certificate (CHP form 407B Rev. 1-81) stating that each training vehicle has had a critical item truck inspection and is in safe mechanical condition shall be submitted to the department by each driving school operator before driving school license may be issued or renewed. Further, the inspection and certificate must be completed every ninety days by a member of the California Highway Patrol certified to perform critical item truck inspections. A separate certificate must be submitted for each vehicle. Critical item truck inspection certificates will be required on all replacement or added vehicles before they may be used in driving training.
NOTE
Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sections 11102 and 11109, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 400.30 to section 340.30 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
(a) The full official name of a driving school and the address of its established place of business or branch location(s) as shown in department records, or the school's occupational license number shall be used in all media of advertising and telephone anchor listings. Where a display advertisement appears in the yellow pages of the telephone directory, the address of the driving school's established place of business may be omitted from the display advertisement provided that,
(1) the school's address is listed in the directory's anchor listing; and
(2) the driving school's occupational license number is prominently displayed in the advertisement in lieu of the address.
(b) No driving school advertisement shall indicate in any way that a school can issue or guarantee the issuance of a driver's license or imply that the school can in any way influence the department in the issuance of a driver's license or imply that preferential or advantageous treatment from the department can be obtained.
(c) No licensed school shall advertise that it is approved by the department.
(d) The length of each lesson or course shall be clearly stated whenever the cost for such lessons or course is quoted or advertised.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 11110, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 400.40 to section 340.40 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
(a) No licensee may conduct or permit any employee to conduct behind-the-wheel driving lessons in excess of two (2) hours per day for any person seeking to satisfy the requirements of Vehicle Code Section 12814.6. Advanced driver training of over two (2) hours per day may be given to any such person who has completed a minimum of six (6) hours of driver training except that no such previously unlicensed persons shall be given more than four (4) hours of behind-the-wheel training in any one day. Exceptions to this limitation may be granted under special circumstances with prior approval by the department.
(b) No licensee may conduct or permit any employee to conduct behind-the-wheel instruction upon a highway for any person who does not have in his immediate possession a valid instruction permit (Student License, DL Form 118) or driver license.
(c) No licensee may conduct or permit any employee to conduct behind-the-wheel instruction on a specific drive test route of any departmental office.
NOTE
Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sections 11113 and 12814.6, Vehicle Code; and Section 51220, Education Code.
HISTORY
1. Change without regulatory effect renumbering former section 400.45 to section 340.45 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Change without regulatory effect amending subsections (a) and (b) and Note filed 2-25-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 9).
§342.00. Subject Matter of Driving Instructor Training Course.
Note • History
The curriculum of any course of driving instructor training which will receive departmental approval must include the following subject matter.
Qualifications of a Professional Driving Instructor.
First Aid Relating to Vehicle Accidents.
Teaching Techniques for Training Drivers.
The Driving Privilege, Licensing and Controls.
Rules of the Road and Civil Liability Relating to Owning and Operating Motor Vehicles.
Motor Vehicles, Equipment and Maintenance.
Physical and Mental Capabilities of Drivers.
Physical Laws Affecting the Operation of Vehicles.
Student Orientation to Motor Vehicle Features and Controls.
Teaching Driving Skills.
Teaching Defensive Driving.
NOTE
Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sections 11102.5, 11104 and 11113, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 401.00 to section 342.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§342.02. Departmental Approval of Instructor Training Course.
Note • History
All textbooks, visual aids, course curriculum and lesson plans used in instruction shall be approved by the department.
NOTE
Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Section 11113, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 401.02 to section 342.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§342.03. Course Monitoring by Department.
Note • History
Schools shall submit to the department their schedule of driving instructor training courses. Department personnel may monitor all courses offered at any time.
NOTE
Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sections 1651 and 11113, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 401.03 to section 342.03 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§342.04. Proof of Satisfactory Completion.
Note • History
Each student who successfully completes a driving instructor training course shall be furnished with a certificate evidencing such successful completion bearing the date on which the course was completed and the type of training received.
NOTE
Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sections 11104 and 11113, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 401.04 to section 342.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§342.05. Continuing Professional Education.
Note • History
In lieu of a renewal examination every three-year period as provided in Sections 11105(b)(2) and 11105.1(b)(2) of the Vehicle Code, the department will accept evidence of completion within two (2) years of a college level course equivalent to two (2) semester units. The department will accept participation in appropriate courses and seminars as evidence of continuing professional education. To be acceptable, such participation must consist of a minimum of eighteen (18) hours within the preceding three (3) years.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Sections 11105 and 11105.1, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 401.05 to section 342.05 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
DELEGATED TESTING PILOT PROGRAM
§343.00. Delegated Testing Pilot Program.
Note • History
NOTE
Authority cited: Sections 1651 and 12507.1, Vehicle Code. Reference: Section 12507.1, Vehicle Code.
HISTORY
1. New subheading and section filed 1-18-96 as an emergency; operative 1-18-96 (Register 96, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-96 or emergency language will be repealed by operation of law on the following day.
2. New subheading and section refiled 5-17-96 as an emergency; operative 5-17-96 (Register 96, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-96 or emergency langauge will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-18-96 order transmitted to OAL 9-11-96 and filed 10-18-96 (Register 96, No. 42).
4. Change without regulatory effect repealing section filed 3-5-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 10).
§343.02. Requirements for Driving Schools Participating in the Delegated Testing Pilot Program.
Note • History
NOTE
Authority cited: Sections 1651 and 12507.1, Vehicle Code. Reference: Sections 11110, 11104 and 12507.1, Vehicle Code.
HISTORY
1. New section filed 1-18-96 as an emergency; operative 1-18-96 (Register 96, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-96 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of printing error in subsection (a)(10) (Register 96, No. 20).
3. New section refiled 5-17-96 as an emergency; operative 5-17-96 (Register 96, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-96 or emergency langauge will be repealed by operation of law on the following day.
4. Editorial correction of subsection (a)(8) (Register 96, No. 42).
5. Certificate of Compliance as to 1-18-96 order, including amendment of subsections (a)(1)-(2), new subsection (a)(9) and subsection renumbering, and amendment of newly designated subsections (a)(10), (a)(11) and (a)(15), transmitted to OAL 9-11-96 and filed 10-18-96 (Register 96, No. 42).
6. Editorial correction of subsections (a)(4) and (a)(12) (Register 96, No. 50).
7. Change without regulatory effect repealing section filed 3-5-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 10).
§343.03. Record Keeping and Reporting Requirements for Participating Driving Schools.
Note • History
NOTE
Authority cited: Sections 1651 and 12507.1, Vehicle Code. Reference: Sections 11110, 11104 and 12507.1, Vehicle Code.
HISTORY
1. New section filed 1-18-96 as an emergency; operative 1-18-96 (Register 96, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-96 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-17-96 as an emergency; operative 5-17-96 (Register 96, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-96 or emergency langauge will be repealed by operation of law on the following day.
3. Editorial correction of subsections (a)(2) and (a)(4) (Register 96, No. 42).
4. Certificate of Compliance as to 1-18-96 order, including amendment of subsection (a)(4), transmitted to OAL 9-11-96 and filed 10-18-96 (Register 96, No. 42).
5. Change without regulatory effect repealing section filed 3-5-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 10).
§343.04. Inspections, Examinations and Audits by the Department.
Note • History
NOTE
Authority cited: Sections 1651 and 12507.1, Vehicle Code. Reference: Section 12507.1, Vehicle Code.
HISTORY
1. New section filed 1-18-96 as an emergency; operative 1-18-96 (Register 96, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-96 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-17-96 as an emergency; operative 5-17-96 (Register 96, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-96 or emergency langauge will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-18-96 order transmitted to OAL 9-11-96 and filed 10-18-96 (Register 96, No. 42).
4. Change without regulatory effect repealing section filed 3-5-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 10).
§343.05. Advertising the Delegated Testing Pilot Program.
Note • History
NOTE
Authority cited: Sections 1651 and 12507.1, Vehicle Code. Reference: Section 12507.1, Vehicle Code.
HISTORY
1. New section filed 1-18-96 as an emergency; operative 1-18-96 (Register 96, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-96 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-17-96 as an emergency; operative 5-17-96 (Register 96, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-96 or emergency langauge will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-18-96 order transmitted to OAL 9-11-96 and filed 10-18-96 (Register 96, No. 42).
3. Certificate of Compliance as to 1-18-96 order, including amendment of subsections (a)(8), (b), (c), (c)(2) and (c)(3), transmitted to OAL 9-11-96 and filed 10-18-96 (Register 96, No. 42).
4. Change without regulatory effect repealing section filed 3-5-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 10).
§343.06. Participant/Applicant Requirements.
Note • History
NOTE
Authority cited: Sections 1651 and 12507.1, Vehicle Code. Reference: Sections 12507, 12507.1 and 12814.6, Vehicle Code.
HISTORY
1. New section filed 1-18-96 as an emergency; operative 1-18-96 (Register 96, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-96 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-17-96 as an emergency; operative 5-17-96 (Register 96, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-96 or emergency langauge will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-18-96 order, including amendment of subsections (a)(8), (b), (c), (c)(2) and (c)(3), transmitted to OAL 9-11-96 and filed 10-18-96 (Register 96, No. 42).
4. Editorial correction of subsections (a) and (b) (Register 96, No. 50).
5. Change without regulatory effect repealing section filed 3-5-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 10).
STUDENT LICENSES
Note • History
A student license permits the operation of a class C motor vehicle by the licensee under the conditions set forth in Section 344.14 and may be issued by a driving school authorized by the department.
NOTE
Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Section 12660, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 401.10 to section 344.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§344.12. Driving School Authorizations.
Note • History
(a) A driving school currently licensed by the department and not on probation with the department may apply to the department at its headquarters in Sacramento for authorization to issue student licenses.
(1) The application for authorization shall be submitted on the Application for Authorization to Issue Student Licenses, Form OL 804 (4/89), provided by the department and shall contain the following information:
(A) The driving school name, occupational license number and the address of the principal place of business.
(B) A list of the names, corresponding signatures and, when applicable, the occupational license number of all driving school employees designated to issue student licenses.
(C) A statement that the driving school possesses at least one device to test the distance vision of each applicant for a student license and a description of the device.
(D) A statement that at least one employee is trained to conduct a vision test using the device described in subdivision (a)(1)(C) in order to determine that the distance vision of each applicant for a student license meets the vision criteria stated in Section 344.20(a)(2)(A).
(E) The signature of the driving school owner or the driving school operator, the date of the signature, and a certification that the information contained in the application is true to the best of their knowledge.
(b) If the department approves the application for authorization, a letter of approval shall be sent to the driving school owner by the department containing an authorization statement and an acknowledgment of the persons designated in the application to issue student licenses. If the department disapproves the request for authorization, a notice stating any reason for the disapproval shall be sent to the driving school owner.
(c) A driving school authorized to issue student licenses shall maintain with the department a current listing of the names and the corresponding signatures of all driving school employees designated to issue student licenses.
(1) Whenever an authorized driving school makes any change to its list of employees designated to issue student licenses, the driving school shall complete Part B of the Application for Authorization to Issue Student Licenses, Form OL 804 (4/89), and forward the updated listing to the department at its headquarters in Sacramento within 5 working days of the change excluding Saturdays, Sundays and legal holidays. An employee shall not be authorized to issue student licenses pursuant to Section 344.24 until the updated listing is forwarded by the driving school to the department.
(2) The department shall return to the authorized driving school an acknowledgment of the receipt of the updated listing.
NOTE
Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Section 12660, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering and amending former section 401.12 to section 344.12 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§344.14. Description of Limitations.
Note • History
(a) A student license shall permit the limited operation of a class C motor vehicle by the licensee to such times as the licensee is receiving driver training instruction at the direction and under the supervision of a licensed instructor in the employ of the authorized driving school which issued the student license.
(1) The student license shall be maintained by the authorized driving school which issued the license except at such times as the student licensee is receiving driver training instruction. At such times, the student license shall be maintained in the immediate possession of the student licensee.
(b) A student license shall be valid for not more than one year from the date of issuance indicated on the student license.
(c) A student license shall not be transferable from one authorized driving school to another authorized driving school.
NOTE
Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Section 12661, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 401.14 to section 344.14 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
Any person 15 years of age or older may apply to an authorized driving school for a student license. Every applicant shall complete an application for a student license.
(a) The student license application shall be the Application for Student License Issued by Authorized Driving Schools, Form OL 801 (10/88), provided by the department to the authorized driving school and shall contain all of the following information:
(1) The applicant's true full name, birthdate, mailing address, residence address and telephone number.
(2) A brief physical description of the applicant.
(3) Whether the applicant, within the last three years, has experience, on one or more occasions, either a lapse of consciousness or an episode of marked confusion caused by any condition which may bring about recurrent lapses, or whether the applicant has any disease, disorder, or disability which affects ability to exercise reasonable and ordinary control in operating a motor vehicle upon a highway.
(4) Whether the applicant is rendered incapable of safely operating a motor vehicle because of alcoholism, excessive and chronic use of alcoholic beverages, or addiction to, or habitual use of, any drug.
(5) Whether the applicant has had his/her driving privilege or a driver license suspended or revoked within the last 7 years.
(6) Any other information necessary to enable the authorized driving school to determine whether the applicant is entitled to a student license.
(7) The applicant's certification that all information contained in the application is true to the best of their knowledge and a declaration that any false statement made on the application may result in the cancellation of any student license issued.
(8) The applicant's signature and the date of the signature.
NOTE
Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sections 12661 and 12805, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 401.16 to section 344.16 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of first paragraph and subsection (a)(5) filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
§344.18. Verification of Name and Birthdate.
Note • History
(a) Upon application for a student license the driving school shall require the applicant to produce identification to ensure the name stated in the application is the true name of the applicant, and the birthday stated in the application is the true birthdate of the applicant.
(1) Identification to establish the true name and the true birthdate of the applicant shall include one of the documents specified in Section 15.00 of Title 13 of the California Code of Regulations.
(b) The driving school employee verifying the true name and birthdate of the applicant for a student license shall record upon the student license application the type of document used for verification.
NOTE
Authority cited: Sections 1651, 12660, 12661 and 12801.5, Vehicle Code. Reference: Sections 12661, 12800, 12801.5 and 12805, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 401.18 to section 344.18 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of subsections (a)(1)(A) and (a)(1)(F) and repealer and new subsections (a)(1)(B)-(C), (a)(1)(G) and (a)(1)(J) filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
3. Amendment of subsection (a)(1), repealer of subsections (a)(1)(A)-(K), and amendment of Note filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
Note • History
(a) Upon application for a student license the authorized driving school shall require the following examinations of the applicant:
(1) A test of the applicant's knowledge and understanding of traffic signs and signals.
(A) The knowledge test shall be the Student License Knowledge Test, Form OL 802 (10/88), provided by the department and shall be administered by a licensed driving school instructor employed by the authorized driving school. The knowledge test shall provide to the instructor information concerning the applicant's knowledge of basic signs and signals and rules of the road. The knowledge test shall be administered to non-English speaking or illiterate applicants in such a manner as to provide to the instructor the applicant's knowledge of basic signs and signals and rules of the road.
(2) A test of the vision of the applicant.
(A) The vision test shall be administered by an employee of the authorized driving school trained to conduct a test of the distance vision of the applicant for a student license on the distance vision testing device in possession of the authorized driving school. The vision test shall determine if the applicant has distance vision of at least 20/40 in both eyes combined, with at least 20/40 in the better eye and no less than 20/67 in the weaker eye, with or without corrective lenses.
(3) A test of the hearing of the applicant.
(A) The hearing test shall be administered by an employee of the authorized driving school. The hearing test shall demonstrate to the employee the applicant's ability to hear ordinary conversation with or without the use of a hearing device.
(b) The results of each examination shall be noted on the student license application by the person administering the test.
NOTE
Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sections 12661 and 12805, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 401.20 to section 344.20 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§344.22. Grounds Requiring Refusal.
Note • History
(a) An authorized driving school shall not issue a student license to any person:
(1) Who is not 15 years of age or older.
(2) Who is unable, as shown by examination, to understand traffic signs or signals, or who is unable to read and understand simple English used in highway traffic and directional signs.
(3) Who does not, as shown by examination, have distance vision of at least 20/40 in both eyes combined, with at least 20/40 in the better eye and no less than 20/67 in the weaker eye, with or without corrective lenses.
(4) Who does not, as shown by examination, have the ability to hear ordinary conversation, with or without the use of a hearing device.
(5) Who does not have the complete and unrestricted use of all limbs without the assistance of any device.
(6) Who is rendered incapable of safely operating a motor vehicle because of alcoholism, excessive and chronic use of alcoholic beverages, or addiction to, or habitual use of, any drug.
(7) Who has a disorder characterized by lapses of consciousness or who has experienced, within the last three years, either a lapse of consciousness or an episode of marked confusion caused by any condition which may bring about recurrent lapses, or who has any physical or mental disability, disease, or disorder which could affect the safe operation of a motor vehicle.
(8) Who has evidence of a condition which may affect the ability of the applicant to safely operate a motor vehicle.
(9) Who has had their driving privilege or a driver license suspended or revoked within the last 7 years.
(10) Who has failed to furnish the authorized driving school the information required in the student license application.
(11) Who is under 17 years and six months of age and does not provide proof of completion of driver education, or is not simultaneously enrolled in driver education and training.
(12) Who is under 18 years of age and does not provide a statement signed by the parents or guardian giving permission for issuance of the student license.
(b) Any student license applicant refused a student license for reasons described in subdivision (a)(3) through (9) shall be referred to the department by the authorized driving school employee refusing the student license. When an applicant is referred to the department the driving school shall forward the student license application completed by the applicant refused the student license to the department within 10 working days excluding Saturdays, Sundays and legal holidays of the date of application.
NOTE
Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sections 12661 and 12805, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 401.22 to section 344.22 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of subsection (a)(1) and new subsections (a)(11) and (a)(12) filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
§344.24. Issuance, Content and Disposition.
Note • History
(a) When the authorized driving school determines that the applicant is lawfully entitled to a student license, a designated employee whose name and signature appears in the listing required by Section 344.12(c) shall issue the Driving School Student License, Form OL 800 (10/88).
(1) The student license shall contain the following information:
(A) A unique preprinted number.
(B) A written description of the limitations of the student license in terms of duration and use as specified in Section 344.14.
(C) The issuance date and the expiration date of the student license.
(D) The licensee's full name, birthdate and residence address.
(E) The signature of the licensee.
(F) The name and occupational license number of the authorized driving school issuing the student license.
(G) The name and the signature of the authorized driving school employee issuing the student license.
(b) Upon issuing the student license the authorized driving school employee shall verbally advise the applicant of the limitations of the student license in terms of duration and use as specified in Section 344.14.
(c) The student license shall be prepared in quadruplicate for disposition as follows:
(1) The original shall be the Student License and shall remain in the possession of the authorized driving school issuing the license except as noted in Section 344.14(a)(1).
(2) The first copy shall be the Driving School Copy and shall remain with the business records of the authorized driving school.
(3) The second copy shall be the DMV Copy and shall be forwarded to the department at its headquarters in Sacramento within 10 working days excluding Saturdays, Sundays and legal holidays of the issuance date.
(4) The third copy shall be the Receipt for Applicant and shall be issued to the student licensee.
NOTE
Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Section 12661, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering and amending former section 401.24 to section 344.24 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
(a) A student license may be cancelled by the driving school that issued the license or by the department whenever, in the opinion of either, the safety of the student licensee or other persons requires the action. A student license may also be cancelled by the department or by the authorized driving school that issued the license when a license has been issued through error or when the student license applicant has provided false information on the application for a student license.
(b) When an authorized driving school cancels the student license, the reason for the cancellation, the date of the cancellation and the name of the authorized driving school employee cancelling the student license shall be recorded on the application for a student license. The date of the cancellation and the name of the authorized driving school employee cancelling the student license shall also be recorded on the original student license. Both documents shall be forwarded together to the department at its headquarters in Sacramento within 10 working days excluding Saturdays, Sundays and legal holidays of the date of cancellation.
NOTE
Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Section 12661, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 401.26 to section 344.26 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
(a) The department shall charge an authorized driving school a fee of two dollars ($2) per student license. An authorized driving school shall not charge an applicant more than two dollars ($2) for a student license.
(b) Student licenses may be purchased by authorized driving schools in selected department field offices in multiples of 25.
(c) Student licenses shall only be purchased by an authorized driving school owner, operator, or employee presenting the original or a copy of the letter of approval to issue student licenses sent to the driving school owner by the department as specified in Section 344.12(b).
(1) An authorized driving school employee who is not the owner or operator shall also present a statement of permission to purchase student licenses on the letterhead stationary of the authorized driving school. The statement of permission shall be signed by the driving school owner and dated within 30 days of the current date.
(d) Student licenses purchased by an authorized driving school from the department shall be used exclusively by the purchasing school and shall not be sold or transferred to another school or any other entity.
NOTE
Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sections 12660 and 12661, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering and amending former section 401.28 to section 344.28 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§344.30. Forms and Accountability.
Note • History
(a) All driving schools authorized to issue student licenses shall be subject to the following provisions:
(1) Each authorized driving school shall account for any student license issued by the school on the Student License Issuance Log, Form OL 803 (4/89) provided by the department.
(A) Each student license issued shall be recorded on the log in numerical sequence listing the number of the student license, the full name of the licensee and the date the license was issued.
(B) Any voided student license shall be noted on the log in numerical sequence with the notation “void.” The voided license including all copies and the receipt shall be forwarded to the department at its headquarters in Sacramento within 10 working days excluding Saturdays, Sundays, and legal holidays of the date the license was voided.
(C) Any lost or stolen student license shall be noted on the log in numerical sequence with the notation “lost” or “stolen.” An authorized driving school shall forward a report to the department of any lost or stolen student license no later than the close of business of the next working day following the discovery of the loss or theft. The report shall contain the number of the lost or stolen student license and the reason the license is missing.
(b) Whenever an authorized driving school goes out of business all student license records and any unused student licenses shall be surrendered to the department.
NOTE
Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Section 12661, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 401.30 to section 344.30 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
§344.32. Records Maintenance and Confidentiality.
Note • History
(a) Every owner of a driving school authorized to issue student licenses shall maintain at the driving school's principal place of business the following records:
(1) Every Application for Student License Issued by Authorized Driving Schools which does not result in a referral to the department as specified in Section 344.22(b).
(2) The Driving School copy of each Driving School Student License issued.
(3) Every Student License Issuance Log used to account for the student licenses issued, lost, stolen or voided.
(b) The records shall be available for inspection at the principal place of business within 10 working days of the issuance date of the student license excluding Saturdays, Sundays and legal holidays.
(c) The records shall be retained for a minimum of three years from the issuance date of the student license and shall be open to the inspection of the department during business hours and at all other reasonable times.
(d) All records of the authorized driving school relating to the physical or mental condition of any student license applicant or student licensee are for the confidential use of the authorized driving school maintaining the records or the department and are not open to public inspection.
NOTE
Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Section 12661, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering and amending former section 401.32 to section 344.32 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Note • History
(a) Every driving school disapproved by the department to issue student licenses shall be entitled to a hearing upon demand in writing submitted to the department within 60 days after notice of disapproval.
(b) Every driving school authorized by the department to issue student licenses is entitled to a notice and hearing prior to removal from the student license program by the department.
(1) The department may, pending a hearing, temporarily remove the authorization of any driving school to issue student licenses for a period not to exceed 30 days if the director of the department finds that the action is required in the public interest.
(c) The notice and hearing shall be pursuant to and governed by Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
NOTE
Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sections 12660 and 12661, Vehicle Code.
HISTORY
1. Change without regulatory effect renumbering former section 401.34 to section 344.34 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
Article 4.7. Schools for Traffic Violators
LICENSES AND APPROVALS REQUIRED
§345.00. Traffic Violator School Program Fees.
Note • History
(a) Fees for issuance by the department of a license to a traffic violator school owner shall be as follows:
(1) For the original license, an application fee of $200.00, plus any applicable fees for lesson plan approval pursuant to subsection (b). The application fee shall include endorsing the owner license to specify that the applicant is the designated operator or instructor for the school and has met the requirements for that authorization.
(2) For each separate traffic violator school branch or classroom location, an application fee of $100.00.
(3) If an ownership change requires a new application pursuant to section 345.18 of this Article, except as provided by Vehicle Code section 42231, the application fee is $200.00.
(4) For annual renewal of the license for a traffic violator school and for each branch or classroom location, a fee of $100.00.
(b) The fee for approval of a lesson plan is based on the instructional modality of the lesson plan submitted for approval. Each lesson plan submitted for approval must include the following review fee:
(1) Classroom instruction: $475.00.
(2) Home study instruction: $800.00.
(3) Online program: $800.00.
(4) Validation of authority to use a purchased plan: $25.00.
(5) Review updated curriculum $250.00.
(6) A curriculum that is not approved after an initial review may be revised and resubmitted for approval once for no additional fee. If the curriculum is not approved on the second review, a new review fee is required.
(c) Fees for the issuance by the department of a license for a traffic violator school operator shall be as follows:
(1) For the original license, an application fee of $100.00.
(A) If the applicant is the owner of the school, a fee will be assessed in accordance with subsection (a)(1).
(2) For annual renewal of the license, a fee of $75.00.
(A) If the applicant is the owner of the school, a fee will be assessed in accordance with subsection (a)(4).
(3) A fee of $16.00, for administering the exam required by Vehicle Code section 11202.5(a)(2).
(d) Fees for the issuance by the department of a license for a traffic violator school instructor shall be as follows:
(1) For the original license, a fee of $50.00, except when the applicant is the owner of the school.
(2) For the renewal of a license, a fee of $50.00 except when the applicant is the owner of the school.
(3) A fee of $16.00, as required by Vehicle Code section 11206 when the exam is for the endorsement of the owner's license to include authorization as a traffic violator school instructor.
(e) The fees for license modification or request for duplicate license shall be:
(1) If alteration of an existing school license is required by a firm name change, a change in corporate officer structure, address change, or the addition of a traffic violator school branch or classroom location, a fee of $100.00.
(2) If alteration of an existing operator license is required by a change in the employing school's name or location, a fee of $50.00.
(3) If alteration of an existing instructor license is required by a change in the employing school's name or location, a fee of $25.00.
(4) A transfer by an operator licensee from one traffic violator school to another, a fee of $50.00.
(5) A transfer by an instructor licensee from one traffic violator school to another, a fee of $25.00.
(6) A request for a duplicate owner, operator, or instructor license when the original license is lost, stolen, or mutilated, a fee of $15.00.
(f) The fees prescribed by this section are nonrefundable.
(g) A $3.00 administrative fee shall be assessed by the court of jurisdiction and transmitted to the department when a traffic violator is referred to a Traffic Violator School by a court pursuant to Vehicle Code section 42005.
(h) A $1 Family Support Program Fee under California Family Code Section 17520 shall be assessed on each application for an individual license.
NOTE
Authority cited: Sections 1651 and 11208, Vehicle Code. Reference: Sections 11202.5, 11206, 11208, 42005 and 42231, Vehicle Code; Section 17520, Family Code.
HISTORY
1. New section filed 8-23-2011; operative 9-1-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 34).
§345.02. Traffic Violator School Owner.
Note • History
(a) A traffic violator school owner shall be licensed by the department before engaging and/or continuing to engage in any traffic violator school instructional activities. To obtain an owner license an applicant shall:
(1) Meet all of the requirements of Vehicle Code section 11202.
(2) Meet all of the application requirements pursuant to this section.
(b) A traffic violator school owner may perform any of the operator duties described in Section 345.04(d), without a separate operator license, provided that the owner has met the requirements of Vehicle Code section 11202.5 and Section 345.04 of this Article and is designated as the operator for the school.
(c) A traffic violator school owner may perform any of the instructional services described in Section 345.06(d) without a separate instructor license, provided that the owner has met the requirements of Vehicle Code section 11206 and Section 345.06 of this article.
(d) Any individual, partnership, corporation, public school, limited liability company, association, or other public agency may apply to the department to be licensed as a traffic violator school by submitting a completed application to the department. A completed Application for Traffic Violator School (TVS) Owner License, form OL 713 (Rev. 3/2011), which is hereby incorporated by reference, shall be submitted to the headquarters office of the department with payment of the application fee, as specified in Section 345.00 of this Article. Additional documentation required to complete the application process shall include the following:
(1) A completed Request for DMV Approval of a Traffic Violator School Name, form OL 612 (REV 7/2011), which is hereby incorporated by reference.
(A) The department shall not approve a name that exceeds 35 characters including spaces. The name may contain one or more “doing business as” names, but the total spaces for the combined name shall not exceed 35 characters.
(B) The department shall not approve a proposed name that:
1. includes punctuation marks, symbols or letters which are not used in accordance with standard English practices,
2. are so similar to an existing school name so as to cause confusion to the public, courts or the department,
3. is misleading to the public, or
4. implies that the school offers inducements or premiums which derogate or distort the instruction intent of the traffic violator school program.
(C) The department shall notify the applicant of the approval or disapproval of the proposed name.
(D) An applicant may submit the form OL 612 prior to submission of the complete application. When the department approves a name prior to submission of the complete application, the name shall be reserved for the applicant for six months from the date of the name approval. If a completed application is not submitted within six months, the name will be available for use by another school.
(2) An Application For Occupational License (Part B) Personal History Questionnaire, form OL 29 (Rev 3/94), which is hereby incorporated by reference, completed pursuant to Section 345.68 of this Article by each individual applying for ownership or as an administrator on the application. For partnerships, this requirement extends to all general partners. For corporations, this requirement extends to all principal officers, board members and stockholders active in the management, direction or control of the corporation. Also for corporations, form OL 754 (Rev 8/91), Certificate For All Individuals Listed On Corporate Structure, shall accompany the Personal History Questionnaire and shall contain: the corporation name; the business name (DBA) of the traffic violator school; information that the individual is a corporate officer, a board member, or principal stockholder; and the individual's signature and the date of signature.
(3) One fingerprint card, completed pursuant to Section 345.72, for each individual who completed a Personal History Questionnaire.
(4) Payment of a fingerprint processing fee, as described in Vehicle Code section 1668(b), for each applicant.
(5) Evidence of an approved lesson plan, pursuant to Sections 345.30 through 345.34, or evidence of authorization to use a purchased approved lesson plan. The application shall not be considered complete without submission of approval/authorization to use the lesson plan. The application will not be approved until submission of the approval/authorization to use a lesson plan.
(A) The application will be considered complete without submission or approval of a lesson plan for an applicant that is a court approved traffic violator course provider, provided that the application is submitted prior to March 1, 2012, pursuant to Vehicle Code section 11202(c).
(6) A surety bond or alternate security as specified in Sections 345.65 or 345.66 of this Article, except as provided in Vehicle Code section 11202(c), regarding public schools or other public agencies.
(7) If the OL 713 does not designate the owner as the school operator, the applicant must complete one of the following:
(A) An Application for Traffic Violator School Operator and Instructor License, form OL 710 (Rev. 3/2011), which is hereby incorporated by reference, completed pursuant to Section 345.04 of this Article.
(B) An Application for Modifications to a Traffic Violator School Operator and Instructor License, form OL 711 (Rev. 2/2011), which is hereby incorporated by reference, completed pursuant to Section 345.22(b) of this Article. An owner's license shall not be issued until the department determines that the applicant for operator meets the requirements for licensure.
(8) A traffic violator school with more than one branch office location may designate a separate operator for each location but shall designate one of the operators as the primary contact for the department.
(9) A Traffic Violator School Branch Business Office/Classroom Application, form OL 712 (Rev 10/2011), which is hereby incorporated by reference, completed pursuant to Section 345.15 of this Article, for each proposed branch business office and each proposed classroom and payment of the application fee, as specified in Section 345.00 of this Article, for each branch business office and for each classroom.
(10) For any classroom which is located in a facility not owned by the applicant, a copy of the lease or rental agreement specific to the applicant school, but by DBA, shall accompany the application.
(11) If the OL 713 does not indicate that the owner will perform the duties of instructor, the applicant must complete one of the following:
(A) A completed application for at least one instructor filed in accordance with Section 345.06 or 345.13 of this Article, whichever is applicable.
(B) At least one completed Traffic Violator School Public School Instructor Certification/Deletion, form OL 609 (Rev 4/2007), which is hereby incorporated by reference, pursuant to Section 345.29, if the school is operated by a public school. An owner's license shall not be issued until the department determines that at least one applicant for instructor meets the requirements for licensure or until the department determines that one instructor for a public school meets the requirements of Section 345.29 of this Article.
(e) The application shall not be considered complete until the primary business site and, if the application indicates the school will provide classroom instruction, at least one classroom site have been approved by the department as specified in Section 345.74 of this Article.
(f) Upon completion of the application, the department may issue a temporary operating permit pursuant to Vehicle Code section 11210, pending completion of the department's evaluation of the background and qualifications of the applicant, provided there is no apparent reason for refusal of the license.
(g) When the department determines that the applicant meets all qualifications for issuance of a license, it shall issue initial owner and operator licenses each valid for one year from the date the temporary operating permit was issued, if issued, or one year from the date of issuance, if no temporary operating permit was issued.
(h) If the department determines that the applicant is not qualified pursuant to any applicable statute or code, the department shall notify the applicant in writing that the license is refused. The notice of refusal shall include:
(1) The reason or basis for refusal.
(2) Information regarding the applicant's right to a hearing pursuant to Vehicle Code section 11211(b).
(3) If a temporary permit has been issued, notification that the temporary permit is canceled, upon receipt of the notice.
(i) An original traffic violator school owner license shall be valid for a period of one year unless canceled, suspended or revoked by the department.
NOTE
Authority cited: Sections 1651, 1665, 11202(a)(2) and 11219, Vehicle Code. Reference: Sections 626, 626.2, 626.4, 626.6, 626.8, 1668(b), 1671, 11200, 11202, 11202.5, 11204, 11206, 11208, 11210 and 11211, Vehicle Code.
HISTORY
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
2. Amendment of subsection (e)(3) filed 3-7-2008; operative 4-6-2008 (Register 2008, No. 10).
3. Amendment of subsections (d) and (e)(4) filed 8-23-2011; operative 9-1-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 34).
4. Amendment filed 4-19-2012; operative 5-19-2012 (Register 2012, No. 16).
§345.03. Traffic Violator School Operator Training.
Note • History
(a) An applicant for Traffic Violator School (TVS) operator license, subject to Vehicle Code section 11202.5, shall provide evidence of successful completion of an educational program as described by Vehicle Code section 11202.5(a)(4) and section 345.75 of this article.
(1) An applicant for an original or reinstatement of a TVS operator license subject to Vehicle Code section 11202.5(a)(4), shall provide evidence of successful completion of an eight hour educational program as described in section 345.75 of this article.
(2) An applicant for a renewal of a TVS operator license subject to Vehicle Code sections 11202.5 and 11204 shall provide evidence to the department of successful completion of a four hour educational program as described in section 345.75 of this article.
(A) Completion of an approved four hour educational program shall be accepted as evidence of professional continuing education as provided in Vehicle Code section 11204 and shall waive the examination requirement of Vehicle Code section 11202.5.
(B) A four-hour educational program shall adequately cover the same topics as the eight hour educational licensing program in a more abbreviated format and with a focus on new laws and regulations which relate to the TVS program.
NOTE
Authority cited: Sections 1651 and 11202.5, Vehicle Code. Reference: Sections 11200, 11202.5 and 11204, Vehicle Code.
HISTORY
1. New section filed with OAL 8-30-2011; filed by OAL with the Secretary of State 10-7-2011; operative 9-1-2011 pursuant to Vehicle Code section 11200(c) (Register 2011, No. 40).
§345.04. Traffic Violator School Operator.
Note • History
(a) A traffic violator school operator shall meet the requirements of Vehicle Code section 11202.5 and be licensed by the department before engaging in the administration or other business activities of a traffic violator school, except as provided in Vehicle Code section 11202(d), relating to public schools, unless the operator is licensed as an owner/operator.
(b) A traffic violator school operator license authorizes the licensee to perform operator services only for the specific school named on the license.
(c) A traffic violator school operator may perform operator services for more than one school, provided that all the following conditions are met:
(1) The operator possesses a valid license for each school;
(2) All of the schools have the same primary business address; and
(3) The schools have a common owner(s). For purposes of this Article, a common owner is one of the following:
(A) The same sole owner;
(B) One partner in common, if a partnership;
(C) The same corporation, if owned by a corporation;
(D) One managing member in common, in a limited liability corporation; or
(E) One administrator in common, if an association.
(d) A traffic violator school operator shall play a major role in the operation of the school. An operator's duties shall include, but not be limited to: hiring, training and performance appraisal of instructors; scheduling classes; ensuring that all classes conducted are consistent with the school's approved curriculum; maintenance of the school's business records; and general operations of the traffic violator school.
(e) A traffic violator school operator shall be licensed as a traffic violator school instructor before performing any of the classroom instructional services described in 345.06(d).
(f) Any individual who qualifies as an operator pursuant to Vehicle Code section 11202.5 may apply to be licensed by the department as an operator by filing a completed application with the department at any inspector office.
(g) An original operator license shall be issued to expire in conjunction with the school owner's license. It shall be termed so that the expiration date of the operator license shall be the same date and month as the owner license and so that the expiration date shall not be more than 12 months from the date of application.
(h) To apply for an operator license, the applicant shall submit the following to any inspector office of the department. A list of inspector offices can be accessed on the department's website at www.dmv.ca.gov.
(1) The application fee, as specified in Section 345.00 of this Article;
(2) A completed Application for Traffic Violator School Operator and Instructor License, form OL 710 (Rev 3/2011);
(3) A Personal History Questionnaire completed by the applicant pursuant to Section 345.68 of this Article;
(4) One set of fingerprints pursuant to Section 345.72 of this Article and payment of a fingerprint processing fee, as described in Vehicle Code section 1668(b);
(5) Evidence of completion of an approved operator educational program. However, for any application for an additional operator license, the educational program requirement shall be waived if the applicant has completed a program within 12 months of submission of the application; and
(6) Evidence from an inspection field office that the written examination was passed pursuant to Vehicle Code section 11202.5(a)(2) within three attempts. However, for any application for an additional operator license the examination requirements shall be waived if the applicant has passed the examination within 12 months of submission of the application.
(A) The operator examination shall be administered by the department at any field investigation district office of the department. The operator examination shall consist of 35 questions. A score of 30 or more correct answers shall be passing.
(B) Any applicant who fails to pass the written examination shall be required to wait at least one week before another examination is administered.
(C) An applicant shall be provided the opportunity to review the written examination taken after it has been corrected, but the review shall be in the presence of a department employee, and the applicant shall not copy or otherwise reproduce the examination form or any of the questions on the examination form in any manner.
(i) When the application is complete, the department shall issue a temporary permit valid for a maximum of 120 days, pending department evaluation of the applicant provided that:
(1) There is no apparent reason for the application to be refused or disapproved.
(2) The employing school is currently licensed. If the employing school has not yet been licensed, the operator's application shall not be considered complete until the owner's permit or license is issued and the operator's temporary permit or license shall not be issued until the owner's permit or license is issued.
(j) If the department determines that the applicant is not qualified pursuant to any applicable code or statute, the department shall notify the applicant in writing that the license shall be refused. The notice of refusal shall include:
(1) The reason or basis for the refusal to issue.
(2) Information regarding the applicant's right to a hearing upon demand, pursuant to Vehicle Code section 11211(b).
(3) If a temporary permit has been issued, notification that the temporary permit is canceled, upon receipt of the notice.
(k) Following the final review of the application, a permanent license and identification card shall be issued to all applicants who meet the requirements for licensure. The operator license shall be maintained at the school business office; the identification card shall be used for identification purposes by the operator. A traffic violator school operator license, when issued, is valid for up to one year, as described in Section 345.04(g) of this Article, unless suspended or revoked by the department.
NOTE
Authority cited: Sections 1651, 1665 and 11202(a)(2), Vehicle Code. Reference: Sections 626.6, 11200, 11202.5, 11204, 11206, 11208, 11210 and 11211, Vehicle Code.
HISTORY
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
2. Amendment of subsection (a) and new subsections (a)(1)-(4) filed 3-25-2002; operative 4-24-2002 (Register 2002, No. 13).
3. Amendment of subsection (h)(1) and repealer of subsections (h)(1)(A)-(F) filed 8-23-2011; operative 9-1-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 34).
4. Amendment filed 4-19-2012; operative 5-19-2012 (Register 2012, No. 16).
§345.05. Replacement of a School Operator.
Note • History
A traffic violator school shall have only one operator licensed at any one time, unless the school has more than one branch office location. If a traffic violator school's operator ceases to be licensed, or employment as the school operator is otherwise terminated, the school shall have 30 days to comply with Vehicle Code section 11202.5 by licensing a new operator. The department may authorize the owner to act as the school's operator for a period not to exceed 30 days. A traffic violator school shall change operators by:
(a) Notifying the headquarters office of the department in writing, within one business day following the occurrence of the vacancy, specifying the effective date of the vacancy.
(b) Surrendering the operator license of the former operator.
(c) Having a proposed new operator file an application, pursuant to Section 345.04, 345.11 or 345.22 of this Article, and receive a temporary permit.
NOTE
Authority cited: Sections 1651 and 11202(a)(2), Vehicle Code. Reference: Sections 626.6, 11202.5 and 11208, Vehicle Code.
HISTORY
1. Repealer and new section filed 10-26-94; operative 11-25-94 (Register 94, No. 43). For prior history, see Register 93, No. 30.
2. Amendment of first paragraph and subsection (c) filed 4-19-2012; operative 5-19-2012 (Register 2012, No. 16).
§345.06. Traffic Violator School Instructor.
Note • History
(a) A traffic violator school instructor shall meet the requirements of Vehicle Code section 11206 and be licensed by the department before engaging in traffic violator school instruction, except as provided in Vehicle Code section 11206(c).
(b) A traffic violator school instructor license authorizes the licensee to perform instructional services only for the specific school named on the license.
(c) A traffic violator school instructor may perform instructional services for more than one school; however, all of the affected schools, including public schools or agencies, shall be fully aware of each school employing the instructor and the instructor shall possess a valid license for each school, except as provided in Vehicle Code section 11206(c).
(d) In addition to instructional services, a traffic violator school instructor, including public school instructors, shall perform the following:
(1) Ensure that the classroom standards described in Sections 345.34, and 345.36, if applicable, are maintained at all times during the entire course.
(2) Post all signs required by the department (Section 345.36(b)(7) and (9) of this Article, and Vehicle Code section 11202(e)) in each classroom prior to commencing instruction.
(3) Maintain evidence of licensure at all times while performing instructional services. Possession of the instructor identification card, described in Section 345.06(h), shall be sufficient to meet this requirement.
(4) Follow the school's departmental approved lesson plan at all times while conducting the class.
(e) Any individual who qualifies as an instructor pursuant to Vehicle Code section 11206 may apply to be licensed by the department as an instructor by filing a completed application with the department at any field office of the department. A list of offices can be obtained on the department's website at www.dmv.ca.gov. A completed application shall contain:
(1) The application fee;
(2) An Application for Traffic Violator School Operator and Instructor License, form OL 710 (Rev. 3/2011),
(3) A Personal History Questionnaire completed by the applicant pursuant to Section 345.68 of this Article;
(4) One fingerprint card completed by the applicant pursuant to Section 345.72 and payment of a fingerprint-processing fee, as described in Vehicle Code Section 1668(b), for each applicant; and
(5) Evidence of successful completion of the written examination required in Section 345.07 of this Article.
(f) An application must be completed in its entirety and properly signed. Incomplete applications will not be processed and will be returned to the applicant indicating the reason the application is incomplete.
(g) When the application is complete, the department may issue a temporary permit pursuant to Vehicle Code section 11210, pending final review of the application, provided that:
(1) There is no apparent reason for the application to be refused or disapproved.
(2) The employing school is currently licensed. If the employing school has not yet been licensed, the instructor's temporary permit or license shall be issued when the owner's permit or license is issued.
(h) Following the final review of the application, a license and an identification card shall be issued to all applicants who meet the requirements for licensure. An instructor license shall be maintained at the school business office and the identification card shall be in the possession of the instructor at all times while conducting classes. A traffic violator school instructor license, when issued, is valid for a period of three years from the date of issuance of the temporary permit or, if no permit is issued, from the date of issuance of the license, unless suspended or revoked by the department.
(i) If the department determines that the applicant is not qualified, pursuant to any applicable statute or code, the department shall notify the applicant in writing that the license is refused. The notice of refusal shall include:
(1) The reason or basis for the refusal.
(2) Information regarding the applicant's right to a hearing, pursuant to Vehicle Code section 11211(b).
(3) If a temporary permit has been issued, notification that the temporary permit is canceled upon receipt of the notice.
NOTE
Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code; and Section 17520, Family Code. Reference: Sections 626.4, 1652, 11200, 11206, 11206.5, 11207, 11208, 11210 and 11211, Vehicle Code; Section 17520, Family Code; and Section 2015.5, Code of Civil Procedure.
HISTORY
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
2. Amendment of subsections (e)(1)-(2), new subsection (e)(2)(A), subsection relettering, amendment of newly designated subsections (e)(2)(B) and (e)(2)(E)-(G), new subsection (e)(2)(H), amendment of subsections (e)(3)-(4) and repealer of subsections (e)(5)-(e)(5)(C) filed 5-2-2006; operative 6-1-2006 (Register 2006, No. 18).
3. Amendment of subsection (e)(2), repealer of subsections (e)(2)(C)-(D), subsection relettering, amendment of newly designated subsections (e)(2)(E)-(F), repealer of subsections (f)-(h)(3), new subsections (f)-(i)(3) and amendment of Note filed 3-7-2008; operative 4-6-2008 (Register 2008, No. 10).
4. Amendment of subsections (a), (c) and (d)(1)-(e)(2), repealer of subsections (e)(2)(A)-(F) and amendment of subsections (e)(3)-(g) and (i)(2) filed 4-19-2012; operative 5-19-2012 (Register 2012, No. 16).
§345.07. Traffic Violator School Instructor Examination Requirements.
Note • History
(a) The instructor examination shall be administered by the employing traffic violator school owner or operator pursuant to Section 345.54 of this Article, except as provided for in subsection (g) of this section.
(b) The instructor examination shall consist of 50 questions provided by the department. To pass the examination, the applicant must have 40 or more correct answers.
(c) An applicant who fails the examination shall be provided the opportunity to review the written examination, with the examiner, after it has been corrected. Another examination may be administered the same day or on another day.
(d) The traffic violator school owner or operator shall retain the examination taken by the student for three years.
(e) The traffic violator school owner or operator shall take steps to secure the examination questions and shall not allow the questions to be copied or otherwise reproduced in any manner except as required to administer the examination.
(f) The examination questions are for use solely by the traffic violator school for the administration of the instructor examination and shall not be distributed or shared with any other person.
(g) The instructor examination shall be administered by the department at any inspector office of the department for any owner or operator requesting authorization to instruct for the school.
NOTE
Authority cited: Section 1651, Vehicle Code. Reference: Section 11206, Vehicle Code.
HISTORY
1. New section filed 5-2-2006; operative 6-1-2006 (Register 2006, No. 18).
2. Amendment of subsections (a) and (d)-(f) and new subsection (g) filed 4-19-2012; operative 5-19-2012 (Register 2012, No. 16).
§345.08. Traffic Violator School Business Office and Branch Business Office.
Note • History
A traffic violator school business office, referred to as the primary business office if a school has one or more branch business offices, does not require separate licensure; however, issuance of a traffic violator school owner license is dependent upon the business office meeting the following requirements:
(a) The primary business office shall meet the requirements of Vehicle Code Sections 1671(a), 11202(a)(1) and 11202(e); Section 345.50 of these regulations; all other applicable provisions of the Vehicle Code; and all other applicable federal, state and local laws, ordinances and rules.
(b) Each branch business office shall meet the same requirements as the primary business office, except that the school's business records, as described in Section 345.56, shall be maintained at the primary business office. Branch records shall be transferred to the primary business office no later than thirty (30) days following the creation of the records.
NOTE
Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. Reference: Sections 320, 1671(a), 11202(a)(2), 11208(a)(2), 11212(b), 11213(b) and 11214, Vehicle Code.
HISTORY
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
§345.09. Traffic Violator School Classroom.
Note • History
(a) A traffic violator classroom shall meet the minimum requirements of Section 345.38 and shall be approved by the department before being used for traffic violator school instruction.
(b) Approval for using a classroom shall be withdrawn if the minimum requirements of Section 345.38 are not maintained.
NOTE
Authority cited: S