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Full text of "California Code of Regulations, (Vol. 17), Title 13, Motor Vehicles"

A 



Barclays Official 

California 

Code of 
Regulations 



Title 13. Motor Vehicles 

Complete Title 



Vol. 17 



THOMSON 

* 

WEST 



Barclays Official California Code of Regulations 

425 Market Street • Fourth Floor • San Francisco, CA 94105 
800-888-3600 



Barclays Official California Code Of Regulations 

revised edition 

This edition of Barclays Official California Code of Regulations, revised on April 1, 1990, has been 
published under the direction of the California Office of Administrative Law which is solely respon- 
sible for its contents. Comments or questions regarding regulations published in this edition should 
be addressed to the State of California, Office of Administrative Law, 300 Capitol Mall, Suite 1250, 
Sacramento, CA 95814, (916) 323-6225. Errors reported will be promptly corrected in subsequent 
supplements. 

OFFICIAL PUBLICATION 

Courts are required to take judicial notice of contents of regulations published in the Official Califor- 
nia Code of Regulations (Gov. Code, § 11344.6). Barclays Official California Code of Regulations, 
as revised April 1, 1990, has been certified by the Office of Administrative Law as the official publi- 
cation of the State of California for this purpose pursuant to title 1, California Code of Regulations, 
section 190. 

CODE SUPPLEMENTS 

Amendments to the official Code are certified weekly by the Office of Administrative Law for publi- 
cation by Barclays. These amendments, when certified and published, become part of the Official 
California Code of Regulations, beginning with Register 90, No. 14, dated April 7, 1990, and include 
all regulations filed with the Secretary of State on or after April 1, 1990. Amendment subscriptions 
to the entire revised Code, or to parts of it, are available from the publisher. For a descriptive bro- 
chure and order form, write Barclays Official California Code of Regulations, P.O. Box 2008, San 
Francisco, CA 94126 or telephone 800-888-3600. 

CODE CITATION 

Cite all materials in the Official California Code of Regulations by title number and section number. 
Example: Title 3, California Code of Regulations, section 432 (Short form: Cal. Code Regs., tit. 3, 

§ 432). 

COPYRIGHT NOTICE 

© 2008, State of California. 

This material may not be commercially reproduced or sold in print or electronic forms without 

written permission of Thomson/West. 



TITLE 13. MOTOR VEHICLES 



NOMENCLATURE CROSS-REFERENCE 



(NOTE: Effective April 1, 1990, the Office of Administrative Law authorized the renaming of the 
hierarchical headings used within the Titles of the California Code of Regulations. Until the agen- 
cies implement these changes in their regulations, use the following Cross-Reference Table for 
the new organizational headings used in this Title.) 



OLD HIERARCHY REVISED HIERARCHY 

Chapter Division 

Subchapter Chapter 

Article Article 

Section Section 



Title 13 



Motor Vehicles 



Title Table of Contents 



• 



Title 13. Motor Vehicles 



Table of Contents 



Division 1. 

Chapter 1 . 
Article 1. 

Article 2. 

Article 2. 
Article 2. 

Article 2, 
Article 2. 
Article 2. 



Article 2.55 



Article 2.6. 
Article 2.7. 

Article 3. 

Article 3.1. 



Article 3.2. 


Article 3.3. 


Article 3.4. 


Article 3.5. 


Article 3.6. 


Article 4. 


Article 4. 1 . 


Article 4.2. 


Article 4.21. 


Article 4.22. 


Article 4.23. 


Article 4.24. 


Article 4.26. 


Article 4.3. 



Page 

Department of Motor Vehicles 1 Article 4.5. 

Department of Motor Vehicles l Article 4.6. 

Department of Motor Vehicles — 
Conflict of Interest Code l 

Driver Licenses and . 

Identification Cards l 

Commercial Driver Licenses 4 . . , r 

Article 6. 

Licenses for Minors Under . . , ^ * 

nT ^. , Article 6.1. 

Age ot Eighteen 4.2(h) 

Article 7. 
Financial Responsibility 4.3 

Driver Safety 6.1 

Driving Under the Influence Chapter 2 

Program 8.2(b) A . , , 

Article 1. 

California Ignition Article 1 5 

Interlock Device Program 8.2(b)(3) 

Reinstatement Fees 8.2(g) 

Certificates and Article 2. 

Endorsements 8.2(h) Article 3. 

Vehicle Registration and 

Titlin § 8 - 2 < h ) • Article4. 

Special Interest License 

Plates 8 - 3 Article 5. 

Registration of Vessels 8.10 Article 6. 

Special Plates 12. l Article 7. 

Hearing Procedure Seizure of 

Vehicles 12.1 

Division 2. 
Motor Carriers Permit 

Program 13 

Business Partner Automation ^ 

Program 14.4 

_ . Article 1. 

Occupational Licenses 14.13 

Advertising by Occupational . ■ , ~ 

Licensee 15 

Vehicle Dealers 17 Article 3. 

Vehicle Lessor-Retailers 20 

Vehicle Manufacturers and Chapter 2. 

Remanufacturers 20 . . . , 

Article 1. 

Vehicle Verifiers 21 

Vehicle Transporters 21 Article 2. 

Vehicle Dismantlers 23 Article 3. 

Administrative Remedies 24 Article 4. 

Page i 



Page 

Registration Services 27 

Driving Schools and 

Instructors 28.6(a) 

Schools for Traffic 

Violators 28.9 

Requesting Information from 

the Department 28.l0(q) 

Administration 28.24 

Administrative Adjudication 28.25 

Federal Citizenship and 

Alien Status Requirements 

for Benefit Eligibility 28.25 

New Motor Vehicle Board 29 

Administration 29 

Administration of Fee 

Collection for 

Certification Account 34 

Filing of Petition 34.1 

Appeals from Decisions of 

the Department 36.1 

Hearings on Petitions and 

Appeals 36.3 

Protests 36.3 

Form of Filings and Notices 36.5 

New Motor Vehicle Board — 
Conflict of Interest Code 36.6 

Department of the California 
Highway Patrol 37 

Licensed Stations and Muffler 

Installers 37 

Licensed Muffler 

Certification Stations 37 

Exhaust System Sale and 

Installation 40 

Fleet Owner Inspection and 
Maintenance Stations 40 

Lighting Equipment 42 

Lighting Equipment Subject 

to Regulation 42 

Identification Markings 43 

Construction Requirements 44 

Photometric Requirements 45 

(7-11-2008) 



Title Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



Article 5. 



Article 7. 


Article 8. 


Article 9. 


Article 10. 


Article 1 1 . 


Article 12. 


Article 13. 


Article 14. 


Article 15. 


Article 16. 


Article 17. 


Article 18. 


Article 19. 


Article 20. 


Article 21. 


Article 22. 


Article 23. 


Chapter 3. 


Chapter 4. 


Article 1. 


Article 2. 


Article 3. 


Article 4. 


Article 4.5 


Article 5. 


Article 6. 


Article 7. 


Article 8. 


Article 9. 


Article 10. 


Article 11. 


Article 12. 



Page 

Mechanical Test 

Requirements 46 

Mounting Requirements 47 

Advance Stoplamp Switches 50 

Auxiliary Driving, Fog, and 

Passing Lamps 50 

Cornering Lamps 50 

Deceleration Signal Lamp 

Systems 50.1 

Fog Taillamps 51 

Headlamp Flashing Systems 52 

Reflex Reflectors on Front 

of Vehicles 52 

Replacement Lenses 52 

Reserve Lighting and Outage 
Indicating Systems 52 

Running Lamps 54 

School Bus Sidelamps 54 

Side-Mounted and 

Supplemental Signal Lamps 54 

Traffic Signal Priority 

Devices 55 

Warning Lamp Flashers 55 

Warning Lamps 55 

School Bus Strobe Lamps 58 

Laboratories 58.1 

Special Equipment 58.1 

Bunk Stake Assemblies 58.1 

Compressed and Liquefied Gas 

Fuel Systems 59 

Insigne for Licensed 

Physicians 64 

Federally Regulated 

Equipment 64 

Traffic Signal Priority 

Device 64 

Seat Belt Assemblies 64.1 

Safety Helmets 64.1 

Safety Glazing Material 64. l 

Sirens 64.1 

Exhaust System Noise 

Measurement 67 

Vehicle Sound Measurement 69 

Exhaust System 

Certification 73 

Brake Equipment 74 



Article 13. 


Article 14. 


Article 15. 


Chapter 5. 


Article 1. 


Article 2. 


Article 3. 


Article 4. 


Article 5. 


Chapter 6. 


Article 1. 


Article 2. 


Article 2.5. 


Article 2.7. 



Article 3. 

Article 4. 
Article 4.5. 
Article 5. 

Article 6. 



Chapter 6.5. 
Article 1. 

Article 2. 

Article 3. 
Article 4. 

Article 5. 

Article 6. 
Article 6.5. 



Page 

Tire Chains 75 

Tires and Rims 75 

Wheelchair Lifts 77 

Special Vehicles 79 

Ambulances 79 

Armored Cars 85 

Authorized Emergency 

Vehicles — Permits 86 



School Bus Contractor's 

License 87 

Color of Traffic Law 

Enforcement Vehicles 87 

Hazardous Materials 87 

Explosives Routes and 

Stopping Places 87 

Escorting of Inhalation 

Hazard Shipments 128.8(c) 

Inhalation Hazard Shipments; 
Routes and Stopping Places 128.9 

Routes for the Through 
Transportation of Highway 
Route Controlled Quantity 
Shipments of Radioactive 
Materials I28.l0(o) 

Genera] Hazardous Materials 
Regulations 128.12 

Inspection Fees 130.4 

[Reserved] 130.4 

Fleet Owner Inspection and 

Maintenance Stations 130.4 

Registration, Inspection, 

and Certification of 

Flammable and Combustible 

Liquid Cargo Tanks 130.4 

Motor Carrier Safety 130.5 

Definitions and General 

Provisions 130.5 

School Bus, SPAB, Youth Bus, 

and Farm Labor Vehicle 

Driver Certificates 132 

General Driving 

Requirements 133 

Additional Requirements for 

School Bus, SPAB, and Youth 

Bus Drivers 134.10 

Additional Requirements for 

School Bus Drivers 134.10 

Carrier Requirements 134.10 

Carrier Identification 

Numbers 134.14 



• 



Page ii 



(7-11-2008) 



Title 13 



Motor Vehicles 

Page 

Additional Requirements for Article 4. 

School Bus, SPAB, and Youth 

Bus Carriers 134.17 a " l s 

Commercial Vehicle Out-of- 
Service Criteria 134.18 

General Equipment 

Requirements 1 34. 1 8 

Additional Equipment 

Requirements for School 

Buses 146.2 Article 6. 

Cargo Securement Standards 149 . . , _ 

° Article 7. 

Protection Against Shifting 

and Falling Cargo 149 

Liquids in Collapsible 
Containers — Securement and 
Transportation 158 

Lumber and Lumber Products — Chapter 2 

Safe Loading, Securement, 

and Transportation 

[Repealed] 161 

Article 1. 

Passenger Vehicle Inspection 162 Article 1 5 

Abandoned Vehicles 162 

Internal Affairs 162 

Conflict of Interest Code 162 

Rules Applicable to Use of State Article 2. 

Property 191 

General 191 Article 2.1. 

Permits 191 

Restrictions on Use of State 

Buildings and Grounds 192 Article 2.2. 

Computer Crime 192.2 

Article 2.3. 
Computer Crime Reporting 192.2 

Air Resources Board 193 Article 2.4. 

Motor Vehicle Pollution Control 

Devices 193 Article 3. 

General Provisions 193 Article 4 

Approval of Motor Vehicle . . . - 

Pollution Control Devices 

(New Vehicles) 194. 1 

California Clean Air Act 

Annual Certification Fees 236.24 

Accreditation of Motor 

Vehicle Pollution Control ^ 

Devices (Used Motor 

Vehicles) 236.25 Article 1 . 

Page iii 



Title Table of Contents 

Page 

Diesel Particulate Matter 

Control Measures 236.26 

Approval of Systems Designed 

to Convert Motor Vehicles 

to Use Fuels Other Than the 

Original Certification Fuel 

or to Convert Motor 

Vehicles for Emission 

Reduction Credit 236.26(t)(l) 

Emission Control System 

Warranty 236.28 

Procedures for Certifying 

Used Modifier-Certified 

Motor Vehicles and 

Licensing Requirements for 

Vehicle Emission Test 

Laboratories 236.35 

Enforcement of Vehicle Emission 

Standards and Surveillance 

Testing 236.35 

Assembly-Line Testing 236.35 

Enforcement of Vehicle 
Emission Standards and 
Surveillance Testing for 
2005 and Subsequent Model 
Year Heavy-Duty Engines and 
Vehicles 236.36(a) 

Enforcement of New and In- 

Use Vehicle Standards 236.36(a) 

Procedures for In-Use 
Vehicle Voluntary and 
Influenced Recalls 236.39 

Procedures for In-Use 

Vehicle Ordered Recalls 240.2 

In-Use Vehicle Enforcement 

Test Procedures 240.2(d) 

Procedures for Reporting 
Failures of Emission- 
Related Components 240.2(g) 

Surveillance Testing 240.2(i) 

Certificates of Compliance 240.20) 

Procedures for Reporting 
Failures of Emission- 
Related Equipment and 
Required Corrective 
Action 240.2(k) 

Highway and Mandatory Inspection 
Emission Standards 240.2(r) 

General Provisions 240.2(r) 

(7-1 1-2008) 



Article 7. 

Article 7.5. 
Article 8. 
Article 9. 

Chapter 7. 
Article 1. 

Article 2. 
Article 15. 



Chapter 8. 

Chapter 9. 

Chapter 10. 
Article 1. 

Chapter 11. 



Article 1. 


Article 2. 


Article 3. 


Chapter 12. 


Article 1 . 


Division 3. 


Chapter 1. 


Article 1. 


Article 2. 


Article 2.5 


Article 3. 



Title Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



Chapter 3.5. 

Chapter 3.6. 

Chapter 4. 

Article 1. 

Article 2. 
Chapter 4.2. 



Page 

Heavy-Duty Diesel Smoke Emission 
Testing, and Heavy-Duty Vehicle 
Emission Control System 
Inspections 240.2(f) 

Periodic Smoke Inspections of 

Heavy-Duty Diesel-Powered 

Vehicles 240.3 

Criteria for the Evaluation of 

Motor Vehicle Pollution Control 

Devices and Fuel Additives 240.5 

Fuel Additives and Prototype 
Emission Control Devices 240.5 

Aftermarket Parts 240.6 



Certification of Exhaust 
Emission Control Devices for 
Controlling Carbon Monoxide 
from Portable and from Mobile 
Internal Combustion Engines 
Used in Enclosed Structures . . . 



242 



Chapter 4.4. 



Chapter 5. 



Specifications for Fill Pipes 

and Openings of Motor Vehicle 

Fuel Tanks 242 



Standards for Motor Vehicle 
Fuels 



242 



Article 1. 


Standards for Gasoline 


?4? 


Subarticle 1. 


Gasoline Standards That 
Became Applicable Before 






1996 


?49 


Subarticle 2. 


Standards for Gasoline 
Sold Beginning March 1, 






1996 


251 


Article 2. 


Standards for Diesel Fuel 


275 


Article 3. 


Specifications for 
Alternative Motor Vehicle 






Fuels 


. 276.6(d) 



Article 4. 



Chapter 5.1. 



Sampling and Test 

Procedures 276.10 



Standards for Fuels for 
Nonvehicular Sources 



276.2^ 



Chapter 8. Clean Fuels Program 276.29 

Subchapter 8.5. Emissions Formula for 
Employer-Based Trip 
Reductions 284 

Chapter 9. Off-Road Vehicles and Engines 

Pollution Control Devices 284 

Article 1. Small Off-Road Engines 284 

Article 3. Off-Highway Recreational 

Vehicles and Engines 290.17 



Article 4. 

Article 4.5. 
Article 4.7. 
Article 4.8. 
Article 5. 
Article 6. 
Article 7. 

Article 8. 

Chapter 10. 

Article 1. 
Chapter 12. 
Chapter 13. 

Article 1. 
Chapter 14. 



Chapter 15. 

Article 1. 

Article 2. 
Article 3. 



Page 

Off-Road Compression- 
Ignition Engines and 
Equipment 290.24 

Off-Road Large Spark- 
Ignition Engines 298.2(k) 

Spark-Ignition Marine 

Engines 298.17 

In-Use Off-Road Diesel- 
Fueled Fleets 298.45 

Portable Engine and 

Equipment Registration 298.64 

Portable Fuel Containers and 

SpOUtS 310 

Certification Procedures for 
Aftermarket Parts for Off- 
Road Vehicles, Engines, 
Equipment 310.3 

Off-Road Airborne Toxic 

Control Measures 310.7 

Mobile Source Operational 

Controls 310.24 

Motor Vehicles 310.24 

Halogenated Refrigerants 310.27 



Voluntary Accelerated Vehicle 
Retirement Enterprises 

Voluntary Accelerated Light- 
Duty Vehicle Retirement 
Enterprises 



311 



311 



Verification Procedure, Warranty 
and In-Use Compliance 
Requirements for In-Use 
Strategies to Control Emissions 
from Diesel Engines 



Additional Off-Road Vehicles and 
Engines Pollution Control 
Requirements 

Evaporative Emission 
Requirements for Off-Road 
Equipment 

Large Spark-Ignition (LSI) 
Engine Fleet Requirements . . . 

Verification Procedure, 
Warranty, and In-Use 
Compliance Requirements for 
Retrofits to Control 
Emissions from Off-Road 
Large Spark-Ignition 
Engines 



322 



339 



339 



353 



Division 4. Traffic Adjudication Board 



357 



366 



Page iv 



(7-11-2008) 



:m. 



Barclays Official 

California 

Code of 
Regulations 



Title 13. Motor Vehicles 

Division 1. Department of Motor Vehicles 
Chap ter 1 . Department of Motor Vehicles 



Vol. 17 



THOMSON 

* 

WEST 



Barclays Official California Code of Regulations 

425 Market Street • Fourth Floor • San Francisco, CA 94105 
800-888-3600 



Title 13 



Department of Motor Vehicles 



Table of Contents 



Chapter 1. Department of Motor Vehicles 



Table of Contents 



Page 



Page 



Article 1. 



Department of Motor Vehicles — 
Conflict of Interest Code 



Article 2. Driver Licenses and 

Identification Cards l 

§ 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. 
§15.01. Out-of-State Driver License 

Verification for Driving Test 

Waiver. 
§ 1 5.03. Terms of Issuance and Restrictions. 

§ 15.04. Social Security Account Number 

Verification. 
§ 15.05. Appeals Hearings. 

§15.06. True Full Name. 

§ 15.07. Reduced Fee Identification Cards. 

§ 20.02. Definition of Motor Vehicles 

Documents. 
§ 20.04. Information Required for a Name 

Change on a Driver License or 

Identification Card. 
§ 20.06. Identification Elements and 

Document Inspection Terms. 
§ 20.08. Replacement of an Invalid/Mutilated 

Document. 
§ 25.01 . Fraudulent Application for a Driver 

License or Identification Card. 

Article 2.1. Commercial Driver Licenses 4 

§ 25.06. Authority and Definitions. 

§ 25.07. Employer Prerequisites. 

§ 25.08. Employer Testing Program 

Enrollment. 
§ 25.09. Application Changes. 

§25.10. Driving Test Routes. 

§ 25. 1 1. Quality Assurance Oversight. 

§ 25. 12. Driver Training Program. 

§ 25.13. Driving Test Program. 

§ 25.14. Certificate of Driving Skill 

(DL170ETP and DL170FETP). 
§25.15. Record-Keeping Program. 

§ 25.16. Sample Testing of Certified Drivers. 

§ 25.17. Cancellations/Reinstatements. 

§25.18. Sanctions/Reinstatements. 

§ 25.19. Employer Roles and 

Responsibilities. 
§ 25.20. Administrator Roles and 

Responsibilities. 
§ 25.21. Authorized Representative Roles 

and Responsibilities. 
§ 25.22. Examiner Roles and 

Responsibilities. 
§ 28.18. Minimum Physical and Medical 

Requirements for Class A, B, or 

Commercial Class C Driver 

Licenses; or Ambulance Driver 

Certificates. 



§ 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. 

§ 28.20. Medical Requirements for 

Hazardous Agricultural Materials 
Endorsement. 

§28.21. Medical Requirements for 

Restricted Class A Driver License. 

§ 28.22. Medical Requirements for 

Restricted Fire Fighter Dri ver 
License. 

§ 28.23. Health Questionnaire. 

Article 2.2. Licenses for Minors Under 

Age of Eighteen 4.2(h) 

§ 50.40. Forms. 

§ 50.45. Minimum Instruction Requirements 

Acceptable to the Department. 
§ 55.01 . Driver Education Pilot Program. 

§ 55.02. Requirements for Driving Schools 

Participating in the Driver 

Education Pilot Program. 
§ 55.03. Record Keeping and Reporting 

Requirements for Participating 

Driving Schools. 



§ 55.04. 


Inspections, Examinations and 




Audits by the Department. 


§ 55.05. 


Advertisement of Driver Education 




Pilot Program by a Driving School. 


§ 55.06. 


Participant/ Applicant Requirements. 


icle 2.3. 


Financial Responsibility 4.3 


§ 75.20. 


Policy or Bond Not in Effect at 




Time of Accident; Notice by 




Insurance Company or Surety 




Company. 


§ 77.00. 


Suspension Exemption. 


§ 77.05. 


Restricted License Requirements. 


§77.10. 


Application for a Driver License 




Restriction. 


§77.15. 


Employment Restriction. 


§77.16. 


School Transportation Restriction. 


§77.17. 


Medical Treatment Restriction. 


§ 80.00. 


Definitions. 


§ 80.25. 


Requirements. 


§ 80.50. 


Initial Application. 


§ 80.55. 


Financial Statement. 


§ 80.60. 


Net Worth. 


§ 80.65. 


Additional Information. 


§ 80.70. 


Updated Financial Statement. 


§ 80.75. 


Renewal Requirements. 


§ 80.80. 


Confidentiality. 


§ 80.85. 


Formal Hearing. 


§ 80.90. 


Grounds for Cancellation. 


§ 82.00. 


Uniform Insurance Card. 


§ 85.00. 


Definitions. 


§ 85.02. 


Registration Suspension. 


§ 85.04. 


Alternative Procedure to Electronic 




Insurance Reporting. 


§ 85.06. 


Registration Reinstatement. 



Page i 



(7-11-2008) 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



Page 



§ 85.08. 


Insurance Company Reporting 




Requirements. 


§ 100. 


Federal Standards and 




Requirements. 


icle 2.4. 


Driver Safety 6.1 


§ 100.01. 


Reexaminations Pursuant to Vehicle 




Code Section 13801. 


§ 100.02. 


Requirements for Out-of-State 




Drivers. 


§ 100.03. 


Renewal of Certificate. 


§ 100.04. 


Exceptions to the Certificate 




Program. 


§ 100.05. 


Refusal, Revocation, and Hearing. 


§ 100.06. 


Employer Certification of Training 




for Hazardous Waste, Hazardous 




Materials, or Bulk Liquid Loads. 


§ 100.07. 


Training Requirements. 


§ 100.08. 


Certificate of Driving Experience. 


§ 100.09. 


Employers Qualifying for 




Certification for Class 1 and/or 




Class 2 Operation and Special 




Certificate Approval. 


§ 100.10. 


Additional Employer Requirements. 


§ 100.11. 


Implementation. 


§ 100.12. 


Revocation of Medical Certificates 




Approved by the Department of 




Motor Vehicles. 


§ 100.13. 


Hearings. 


§ 100.18. 


Minimum Physical and Medical 




Requirements for Class 1 or 2 




Drivers' Licenses. 


§ 100.19. 


Medical Certificates Required by 




Section 12804(c) of the Vehicle 




Code That May Be Issued by the 




Department of Motor Vehicles. 


§ 100.20. 


Policy or Bond Not in Effect at 




Time of Accident; Notice by 




Insurance Company or Surety 




Company. 


§ 100.25. 


Certificates — Submit in Duplicate. 


§ 100.30. 


Forms. 


§ 100.31. 


Possession of Student Licenses. 


§ 100.40. 


Forms. 


§ 100.45. 


Minimum Instruction Requirements 




Acceptable to the Department. 


§ 100.50. 


Application Form. 


§ 100.55. 


Financial Statement. 


§ 100.60. 


Net Worth. 


§ 100.65. 


Additional Information. 


§ 100.70. 


Updated Financial Statement. 


§ 100.75. 


Annual Financial Statements. 


§ 100.80. 


Confidentiality. 


§ 100.85. 


Formal Hearing. 


§ 100.90. 


Grounds for Cancellation. 


§ 100.91. 


Certification of Ignition Interlock 




Device. 


§ 100.92. 


Refusal, Suspension or Revocation 




of Device Certification. 


§ 100.93. 


Modification of Certified Device. 


§ 100.94. 


Referral to an Authorized Installer. 


§ 100.95. 


Facilities and Records. 


§ 101.05. 


Business Hours. 


§101.10. 


Authorized Signatures. 


§ 101.15. 


Curriculum Content. 


§ 101.20. 


Course Structure. 


§ 101.25. 


Instructors. 


§ 101.30. 


Fingerprinting of Applicants. 


§ 101.35. 


Completion Certificates. 


§ 101.40. 


Lost or Stolen Completion 




Certificates. 


§ 101.45. 


Alcoholic Beverage on School 




Premises. 


§ 101.50. 


Separate Telephone Numbers. 


§ 110.01. 


Factors Considered in Lapse of 




Consciousness Determinations. 


§ 110.02. 


Department Actions. 


§ 110.04. 


Disciplinary Guidelines. 



§ 115.01. 
§ 115.02. 
§ 115.03. 
§ 115.04. 
§ 115.05. 
§ 115.06. 
§ 115.07. 
§ 115.08. 
§ 115.09. 
§ 115.10. 

§ 118.00. 



Article 2.5. 

§ 120.00. 
§ 120.01. 
§ 120.02. 

§ 120.04. 

§ 124.90. 

§ 124.92. 
§ 124.93. 
§ 124.95. 

Article 2.55. 



§ 125.00. 
§ 125.02 

§ 125.04. 
§ 125.06 

§ 125.08 

§ 125.10 
§ 125.12. 

§ 125.14 

§ 125.16 
§ 125.18 
§ 125.20 
§ 125.22 

Article 2.6. 

§ 140.00. 
§ 146.00. 

Article 2.7. 



§ 147.00. 
Article 3. 



§ 150.01. 
§ 150.02. 

§ 150.04. 
§ 150.06. 

§ 150.08. 

§ 151.00. 
§ 152.00. 



Page 

Applicability. 

Public Observation. 

Interpreters and Accommodation. 

Hearing Requests. 

Discovery Requests. 

Change of Venue. 

Telephone Hearings. 

Motions. 

Hearing Officer Disqualification. 

Request for the Disqualification of a 

Hearing Officer. 

Restricted Driver License Based 

Upon a Critical Need to Drive — 

Persons Under 21. 

Driving Under the Influence 

Program 8.2(b) 

Purchase and Use of Notice of 

Completion Certificates. 

Acquisition and Use of Proof of 

Enrollment Certificates. 

Lost or Stolen Notice of Completion 

Certificates or Proof of Enrollment 

Certificates. 

Certificates Required for First 

Conviction of Driving Under the 

Influence. [Repealed] 

Alcohol Programs Pursuant to 

Section 23190(e) of the Vehicle 

Code. 

Termination of Suspension or 

Revocation. 

Reissuance of California Driver 

License. 

Restriction Fee. 

California Ignition 

Interlock Device Program 8.2(b)(3) 

Definitions. 

Certification of Ignition Interlock 

Devices. 

Modification of Certified Device. 

Compliance with Changes in 

Certification Requirements. 

Refusal, Suspension or Revocation 

of Device Certification. 

Referral to an Authorized Installer. 

Service and Maintenance of Ignition 

Interlock Devices. 

Installation Locations and 

Participant Files. 

Verification of Installation. 

Notice of Non-Compliance. 

Notice of Removal. 

Notice to Employers Regarding an 

Ignition Interlock Restriction. 

Reinstatement Fees 8.2(g) 

Reissue Fee. 

Penalty Fee for Failure to Surrender 

Driver License. 

Certificates and 

Endorsements 8.2(h) 

House Car Endorsement. 

Vehicle Registration and 

Titling 8.2(h) 

Vehicle Engine or Motor. 

Decorative or Facsimile License 

Plate Size. 

Pickup Trucks. 

Description of Vehicle Required for 

Sale or Transfer. 

Truck Tractors with Living 

Quarters. 

Refusal of Registration. 

Motor Vehicle Bond Requirements. 



Page ii 



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Table of Contents 



Page 



Page 



• 



§ 154.00. Commercial Vehicle Weight Decals. 

§ 155.00. Definitions. 

§ 155.02. Vehicle License Fee Refund 

Requirements. 
§ 155.04. Application for a Vehicle Licensee 

Fee Refund. 
§ 155.05. Application for Salvage or 

Nonrepairable Vehicle Certificates. 
§ 155.06. Surrender of License Plates. 

§155.08. Vehicle License Fee Refund 

Calculations. 
§ 155.10. Repayment of the Refunded Vehicle 

License Fee. 
§ 156.00. Clean Air Vehicle Stickers. 

§ 1 56.01 . Clean Air Vehicle Stickers: 

Transfers and Replacements. 
§157.00. Firefighting Vehicles. 

§ 158.00. Zero Emission Vehicle Parking 

Decal. 
§ 159.00. Vehicle Classification. 

§ 159.10. Window Decal for Vehicles with a 

Wheelchair Lift or Wheelchair 

Carrier. 



§ 182.02. 



Article 3.2. 

§ 190.00. 
§ 190.01. 
§ 190.02. 
§ 190.03. 
§ 190.04. 
§ 190.05. 

§ 190.06. 
§ 190.07. 
§ 190.08. 



§ 190.09. 
§ 190.10. 



Article 3.1. 


Special Interest License 


8 jyu.ii. 
§ 190.12. 




Plates 8.3 


§ 190.13. 


§ 160.00. 


Applications and Fees for Special 


§ 190.14. 




Interest License Plates. 


§ 190.15. 


§ 170.00. 


Information Required on a Special 


§ 190.16. 




Interest/Environmental License 


§ 190.17. 




Plate Application. 


§ 190.18. 


§ 170.02. 


Assignment of Environmental 


§ 190.19. 




License Plates to Leased or 


§ 190.20. 




Company Vehicle. 


§ 190.21. 


§ 170.04. 


Receipt of Environmental License 


§ 190.22. 




Plates as a Gift. 


§ 190.30. 


§ 170.06. 


Surrender of Current Plates. 


§ 190.32. 


§ 170.08. 


Delivery of Environmental License 
Plates. 




§ 170.10. 


Retention of Environmental License 
Plates. 


§ 190.34. 


§ 170.12. 


Cancellation of Environmental 
License Plates. 


§ 190.36. 


§ 171.00. 


Requirements for Former Prisoner 
of War License Plates. 


§ 190.38. 


§ 171.02. 


Number of Prisoner of War License 






Plate Sets. 


§ 191.00. 


§ 171.04. 


Surrender of Prisoner of War 
License Plates upon Death. 




§ 172.00. 


Definitions. 


§ 192.00. 


§ 172.05. 


Application. 




§ 172.10. 


Plates. 


§200.01. 


§ 172.15. 


Display of Validating Stickers. 


Article 3.3. 


§ 173.00. 


Application Requirements for 






Legion of Valor License Plates or 


§ 201.00. 




Purple Heart License Plates. 




§ 173.02. 


Additional Requirement for Legion 






of Valor License Plate Application. 


Article 3.4. 


§ 173.04. 


Additional Requirement for Purple 
Heart License Plate Application. 




§ 173.06. 


Number of Legion of Valor or 


§ 212.04. 




Purple Heart License Plate Sets. 


Article 3.5. 


§ 173.08. 


Surrender of Purple Heart License 




Plates upon Death. 




§ 174.00. 


Requirements for Fire Fighter 


§ 220.00. 




License Plates. 


§ 220.02. 


§ 180.00. 


Application for Regular Series 






License Plates for State-Owned 


§ 220.04. 




University Vehicle. 




§ 180.02. 


Surrender of Regular Series License 
Plates Upon Reassignment of 
Vehicle. 


§ 220.05. 


§ 181.00. 


Foreign Organization License 
Plates. 


§ 220.06. 


§ 182.00. 


Definitions. 


§ 220.08. 


§ 182.01. 


Application for Disabled Person 






Placard or Plates Form. 


§ 220.10. 



Surrender of Disabled Person 
License Plates and/or Permanent 
Disabled Person Placards upon 
Death. 

Registration of Vessels 8.10 

Display of Numbers. 

Registration Stickers. 

Proof of Ownership. 

Vessel Bond Requirements. 

Definition of a Livery Boat. 

Definition of a Vessel Carrying 

Passengers for Hire. 

Definition of a Boat Manufacturer. 

Definition of a Boat Dealer. 

Certificates of Number for Dealer, 

Manufacturer, Livery Vessel and 

Vessel Carrying Passengers for 

Hire. 

Terms and Conditions for Vessel 

Registration and Numbering. 

Contents of Applications for 

Certificate of Ownership and 

Certificate of Number. 

Contents of Certificate of Number. 

Validity of Certificate of Number. 

Removal of Stickers. 

Temporary Certificate of Number. 

Hull Identification Numbers. 

Fee-Exempt Boats. 

Recreational-Type Public Vessels. 

Fee-Exempt Annual Renewal. 

Racing Vessels. 

Livery Vessels. 

Notification to the Department. 

Surrender of Certificate of Number. 

Department Agent's Authorization. 

Application for Appointment as an 

Undocumented Vessel Registration 

Agent. 

Responsibilities of Undocumented 

Vessel Registration Agents. 

Duties of Undocumented Vessel 

Registration Agents. 

Agreement for Appointment as an 

Undocumented Vessel Registration 

Agent. 

Non-Motorized Surfboard-Like 

Vessels Exempted Under Vehicle 

Code Section 9873(e). 

Proof Documents Re Lien Sale 

Vessels. 

Vehicle Engine or Motor. 

Special Plates 12.1 

Use of Special Plates Issued to a 

Dealer, Manufacturer, 

Reman ufacturer, or Distributor. 

Hearing Procedure Seizure of 

Vehicles 12.1 

Conduct of the Hearing. 

Motor Carriers Permit 
Program 

Definitions. 

Application for a Motor Carrier 

Permit. 

Expiration and Renewal of a Motor 

Carrier Permit. 

Manner of Submission of Renewal 

Registration Transactions to the 

Department. 

Motor Carrier Financial 

Responsibility. 

Verification of Vehicles Used by 

Motor Carriers. 

Motor Carriers' Employees. 



13 



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BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



Page 



Page 



§220.12. 


Owner-Operators. 


§ 260.07 


§220.14. 


Reinstatement Fee. 


§ 262.00 


§220.16. 


Workers' Compensation. 


§ 262.01 


§ 220.18. 


Voluntary Withdrawal. 




§ 220.20. 


Seasonal Operations. 


§ 262.03 


§ 22 1 .00. 


Requirements to Self-Insure. 


§ 262.05 


§221.02. 


Application to Self-Insure. 




§221.04. 


Assignment of Funds to the 


§ 262.06 




Department. 


§ 262.07 


§221.06. 


Issuance of the Certificate of 
Self-Insurance. 


§ 262.08 


§221.08. 


Cancellation of the Certificate of 


§ 262.09 




Self-Insurance. 


Article 4.2. 


§221.10. 


Disbursement of Assignment. 




§ 221.12. 


Termination of Assignment. 


§ 268.04 






§ 268.06 


Article 3.6. 


Business Partner Automation 






Program 14.4 


§ 268.08 


§ 225.00. 


Definitions. 


§268.10 


§ 225.03. 


Application Requirements. 


§268.12 


§ 225.06. 


Fingerprints. 




§ 225.09. 


Financial Security Requirements. 




§225.12. 


Business Partner Contract. 




§225.15. 


BPA Permit Authority. 




§225.18. 


Cause for Refusal to Enter into a 





§ 225.21. 
§ 225.24. 



Contract and Issue a Permit. 

Review of Criminal History 

Information. 

Failure to Meet Security 

Requirements. 



Returned Vehicles. 

Dealer Price. 

Manufacturer's or Distributor's 

Price. 

Dealer Added Charges. 

Financing, Down Payment, and 

Trade-in Allowance. 

Down Payment. 

Trade-in Allowances. 

Identity of Dealer or 

Lessor-Retailer. 

Qualifying Statements. 

Vehicle Dealers 17 

Dealer Examination Requirements. 
Dealer Educational Program 
Requirements. 

Evidence of Dealer Educational 
Program Completion. 
Dealer Surety Bond Requirements. 
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. 



• 



§ 225.27. 


Transaction Access. 


§ 225.30. 


Electronic Fund Transfer. 


§ 225.33. 


Use and Retention of Information. 


§ 225.35. 


Renewal. 


§ 225.36. 


Change of First-Line Service 




Provider. 


§ 225.39. 


Business Partner Responsibilities. 


§ 225.42. 


Business Partner Changes. 


§ 225.45. 


Customer Fees. 


§ 225.48. 


Transaction Fee. 


§225.51. 


Information Security Requirements. 


§ 225.54. 


Transaction Procedures and 




Inventory Requirements. 


§ 225.57. 


Inventory. 


§ 225.60. 


Retention of Business Records. 


§ 225.63. 


Audit Requirements. 


§ 225.66. 


Investigation and Review. 


§ 225.69. 


Cancellation or Termination of a 




BPA Contract and Permit. 


§ 225.72. 


Voluntary Closing. 


Article 4. 


Occupational Licenses 14.13 


§ 250.00. 


Occupational License Application 




Requirements. 


§ 250.02. 


Time Requirements for Submitting 




Application. 


§252.10. 


Business License Definition. 


§ 252.20. 


Business License Application 




Requirements. 


§ 252.30. 


Time Requirements for Any Change 




in License. 


§ 252.40. 


Branch Location Application 




Requirements. 


§ 253.02. 


License Renewal Terms. 


Article 4.1. 


Advertising by Occupational 




Licensee 15 


§ 255.00. 


"Advertising" Defined. 


§255.01. 


"Dealer's Cost" Defined. 


§ 255.02. 


"Demonstrator" Defined. 


§ 255.04. 


Applicability. 


§ 260.00. 


Advertisements. 


§260.01. 


Vehicle Description. 


§ 260.02. 


Vehicle History. 


§ 260.03. 


Vehicle Condition. 


§ 260.04. 


Vehicle Availability. 


§ 260.05. 


Vehicle Equipment. 



§ 270.00. 


Place of Business. 


§ 270.02. 


Dealer Branch Location Definition. 


§ 270.04. 


Change of Location. 


§ 270.06. 


Signs or Devices. 


§ 270.08. 


Display Area. 


§ 272.00. 


Business Records. 


§ 272.02. 


Location of Business Records. 


§ 272.04. 


Disclosure to Low Speed Vehicle 




Buyer. 


Article 4.21. 


Vehicle Lessor-Retailers 


§280.12. 


Lessor-Retailer Surety Bond 




Requirements. 


Article 4.22. 


Vehicle Manufacturers and 




Remanufacturers 


§ 285.06. 


Remanufacturer Surety Bond 




Requirements. 


§ 290.00. 


Place of Business. 


§ 290.02. 


Pertinent Books and Records. 



Vehicle Verifiers 



§ 292.06. 


Vehicle Verifier Surety Bond 




Requirements. 


Article 4.24. 


Vehicle Transporters 


§ 295.00. 


Place of Business. 


§ 300.00. 


Display of Numbers. 


§300.01. 


Registration Stickers. 


§ 300.02. 


Proof of Ownership. 


§ 300.03. 


Department Agents' Authorization. 


§ 300.04. 


Definition of a Livery Boat. 


§ 300.05. 


Definition of a Vessel Carrying 




Passengers for Hire. 


§ 300.06. 


Definition of a Boat Manufacturer. 


§ 300.07. 


Definition of a Boat Dealer. 


§ 300.08. 


Certificates of Number for Dealer, 




Manufacturer, Livery Vessel and 




Vessel Carrying Passengers for 




Hire. 


§ 300.09. 


Terms and Conditions for Vessel 




Registration and Numbering. 


§ 300.10. 


Contents of Applications for 




Certificate of Ownership and 




Certificate of Number. 


§ 300.11. 


Contents of Certificate of Number. 


§ 300.12. 


Validity of Certificate of Number. 


§300.13. 


Removal of Stickers. 


§ 300.14. 


Temporary Certificate of Number. 


§300.15. 


Hull Identification Numbers. 


§ 300.16. 


Fee-Exempt Boats. 


§300.17. 


Recreational-Type Public Vessels. 


§300.18. 


Fee-Exempt Annual Renewal. 



20 



20 



21 



21 



• 



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Table of Contents 



• 





Page 




Page 


§ 300.19. 


Racing Vessels. 


§ 320.30. 


Priority for Processing 


§ 300.20. 


Livery Vessels. 




Nongovernmental Requests. 


§300.21. 


Notification to the Department. 


§ 320.32. 


Release of Information to 


§ 300.22. 


Surrender of Certificate of Number. 




Commercial Requester Account 


$301.00. 


Non-Motorized Surfboard -Like 




Holder. 




Vessels Exempted Under Vehicle 


§ 320.34. 


Additional Security Requirements 




Code Section 9873(e). 




for On-Line Access. 


§ 302.00. 


Proof Documents Re Lien Sale 


§ 320.36. 


Nonpreapproved Requests for 




Vessels. 




Information. 


Article 4.26. 


Vehicle Dismantlers 9 3 


§ 320.38. 


Identification of Nonpreapproved 

Requesters. 

Release of Information to 


§ 304.00. 


Place of Business. 


§ 320.40. 


§ 304.02. 


Dismantler Branch Location 




Nonpreapproved Requester. 




Definition. 


§ 320.42. 


Use of Information. 


$ 304.04. 


Signs and Devices. 


§ 320.44. 


Cost of Information. 


§ 304.06. 


Dismantling Area. 


§ 320.46. 


Payment for Information. 


§ 304.08. 


Dismantler Report Forms. 


§ 320.48. 


Retention of Records. 


§304.10. 


Acquisition of Cleared Vehicles. 


§ 320.50. 


Inspection of Records. 


§304.12. 


Business Records. 


§ 320.52. 


Refusal, Suspension or Revocation 


§304.14. 


Location of Business Records. 




of Requester Codes. 


§310.00. 


General Procedures When Fees Not 


§ 320.53. 


Surrender of Records. 




Paid. 


§ 320.54. 


Temporary Suspension of a 


§310.01. 


Procedures When Fees Paid by 
Check Which Is Dishonored. 




Requester Code. 


§ 310.02. 
§ 310.03. 


Procedures for Jeopardy Seizure. 
Notice After Jeopardy Seizure. 


Article 4.5. 


Registration Services 27 


§ 310.04. 


Conduct of the Hearing. 


§ 330.00. 


Definitions. 






§ 330.02. 


Information Required on a 


Article 4.3. 


Administrative Remedies 24 




Registration Service Application for 


§ 314.00. 


Monetary Penalties. 




an Original License. 


§ 316.00. 


Notices of Suspension. 


§ 330.04. 


Additional Requirements for a 


§ 320.00. 


Vehicle Registration Records. 




Registration Service Application for 


§320.01. 


Vessel Numbering and Registration 




an Original License. 




Records. 


§ 330.06. 


Fingerprints. 


§ 320.02. 


Definitions. 


§ 330.08. 


Registration Service Surety Bond 


§ 320.03. 


Address Elements. 




Requirements. 


§ 320.04. 


Information Access. 


§ 330.10. 


Certification Required with an 


§ 320.05. 


Requester Code. 




Application for an Original 


§ 320.06. 


Governmental Entity's Application 




Registration Service License. 




for a Requester Code. 


§ 330.12. 


Temporary Permit and License 


§ 320.07. 


Certification of Requests. 




Issuance and Posting. 


§ 320.08. 


Assignment of Requester Codes, 


§ 330.14. 


Renewal of a Registration Service 




and Personal Identification Numbers 




License. 




to Governmental Entities. 


§ 330.16. 


Change of Business or Corporate 


§ 320.09. 


Withholding Information. 




Name. 


§ 320.10. 


Governmental Entity's Request for 


§330.18. 


Addition of a Branch Office or 




Information. 




Change of Address. 


§320.11. 


Retention of Request for 


§ 330.20. 


Employee Changes. 




Information. 


§330.21. 


Change of Ownership. 


§ 320.12. 


Priority for Processing 


§ 330.22. 


Change in Corporate Officer 




Governmental Requests. 




Structure. 


§ 320.13. 


Preliminary Investigation. 


§ 330.24. 


Signs. 


§320.14. 


Release of Information to 


§ 330.26. 


Advertising. 




Governmental Entity. 


§ 330.28. 


Additional Services Provided. 


§ 320.16. 


Information Required on a 


§ 330.30. 


Compensation Received by a 




Nongovernmental Application for a 




Registration Service. 




Requester Code. 


§ 330.32. 


Submitting Fees and Documents to 


§320.18. 


Additional Requirements for a 




the Department. 




Nongovernmental Application for a 


§ 330.34. 


Subcontracting and Responsibility. 




Requester Code. 


§ 330.38. 


Withholding Documents or 


§ 320.20. 


Certifications Required with 




Operating Authority. 




Nongovernmental Applications for 


§ 330.40. 


Release of Information. 




Access to Residence Address 


§ 330.42. 


Information for Clients. 




Information. 


§ 330.44. 


Listing Sheet for Transmitting 


§ 320.22. 


Fees Required with an Application 




Registration Documents. 




for a Nongovernmental Requester 


§ 330.46. 


Incomplete Transactions. 




Code. 


§ 330.48. 


Maintenance and Inspection of 


§ 320.24. 


Bond Requirements with an 




Business Records. 




Application for a Nongovernmental 


§ 330.50. 


Electronic Maintenance of Records. 




Requester Code. 


§ 330.52. 


Registration Service Voluntarily Out 


§ 320.26. 


Assignment of Commercial 




of Business. 




Requester Accounts, Requester 


§ 330.54. 


Refusal to Issue, Suspension, 




Codes, and Personnel Identification 




Revocation or Cancellation of a 




Numbers to Nongovernmental 




License. 




Entities. 


§ 330.56. 


Notices of Suspension. 


§ 320.28. 


Nongovernmental Requester Code 


§ 330.58. 


Surrender of Records. 




Holder's Request for Information. 


§ 330.60. 


Certificate of Convenience. 



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BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



Page 



Page 



Article 4.6. 


Driving Schools and 




Instructors 28.6(a) 


§ 340.00. 


Licenses. 


§340.10. 


Applications. 


§340.13. 


Driving School Owner or 




All-Terrain Vehicle Safety Training 




Organization Principal Surety Bond 




Requirements. 


§340.15. 


Insurance Requirements. 


§ 340.20. 


Place of Business. 


§ 340.25. 


Driver Education Courses for 




Minors. 


§ 340.27. 


Certificates of Completion for 




Minors. 


§ 340.30. 


Equipment. 


§ 340.40. 


Advertising. 


§ 340.45. 


Instruction. 


§ 342.00. 


Subject Matter of Driving Instructor 




Training Course. 


§ 342.02. 


Departmental Approval of Instructor 




Training Course. 


§ 342.03. 


Course Monitoring by Department. 


§ 342.04. 


Proof of Satisfactory Completion. 


§ 342.05. 


Continuing Professional Education. 


§ 343.00. 


Delegated Testing Pilot Program. 


§ 343.02. 


Requirements for Driving Schools 




Participating in the Delegated 




Testing Pilot Program. 


§ 343.03. 


Record Keeping and Reporting 




Requirements for Participating 




Driving Schools. 


§ 343.04. 


Inspections, Examinations and 




Audits by the Department. 


§ 343.05. 


Advertising the Delegated Testing 




Pilot Program. 


§ 343.06. 


Participant/Applicant Requirements. 


§344.10. 


Definition. 


§344.12. 


Driving School Authorizations. 


§344.14. 


Description of Limitations. 


§344.16. 


Applications. 


§344.18. 


Verification of Name and Birthdate. 


§ 344.20. 


Examinations. 


§ 344.22. 


Grounds Requiring Refusal. 


§ 344.24. 


Issuance, Content and Disposition. 


§ 344.26. 


Cancellations. 


§ 344.28. 


Fees and Purchasing. 


§ 344.30. 


Forms and Accountability. 


§ 344.32. 


Records Maintenance and 




Confidentiality. 


§ 344.34. 


Notice and Hearing. 


Article 4.7. 


Schools for Traffic 




Violators 28.9 



§ 345.27. 


Seasonal Closure of Public Schools. 


§ 345.28. 


Change of Administrator — Public 




Schools/Agencies. 


§ 345.29. 


Certification and Deletion of 




Instructors. 


§ 345.30. 


Curriculum Content. 


§ 345.34. 


Lesson Plan Requirements. 


§ 345.35. 


Completion Certificates. 


§ 345.36. 


Lesson Plan Revisions. 


§ 345.38. 


Classroom Standards. 


§ 345.39. 


Conducting Classes. 


§ 345.40. 


Class Schedules. 


§345.41. 


Class Cancellations. 


§ 345.42. 


Quarterly Reporting of Classes 




Conducted. 


§ 345.44. 


Purchases of Completion 




Certificates. 


§ 345.45. 


Issuance, Content and Disposition 




of Completion Certificates. 


§ 345.46. 


Duplicate Completion Certificate. 


§ 345.47. 


Lost or Stolen Completion 




Certificates. 


§ 345.48. 


One Class, One Ticket. 


§ 345.49. 


TVS Classroom Location List 




Publication. 


§ 345.50. 


Office Practices. 


§ 345.52. 


Solicitation and Advertisement. 


§ 345.54. 


Authorized Signatures. 


§ 345.56. 


Business Records. 


§ 345.58. 


Verification of Employment. 


§ 345.60. 


Providing Department Address to 




Students. 


§ 345.65. 


Traffic Violator School Owner 




Surety Bond Requirements. 


§ 345.66. 


Deposit in Lieu of Bond. 


§ 345.67. 


Certification Required With 




Application for Traffic Violator 




School Owner. 


§ 345.68. 


Background Investigation Required 


§ 345.72. 


Fingerprinting of Applicants. 


§ 345.74. 


Inspection and Approval of Sites. 


§ 345.76. 


Traffic Violator School Program 




Assessment. 


§ 345.78. 


Traffic Violator School Attendance. 


§ 345.86. 


Refusal to Issue, Suspension, 




Revocation or Cancellation of a 




License. 


§ 345.88. 


Monetary Penalties. 


§ 345.90. 


Voluntary or Involuntary Cessation 




of Business. 



• 



§ 345.02. Traffic Violator School Owner. 

§ 345.04. Traffic Violator School Operator. 

§ 345.05. Replacement of a School Operator. 

§ 345.06. Traffic Violator School Instructor. 

§ 345.07. Traffic Violator School Instructor 

Examination Requirements. 

§ 345.08. Traffic Violator School Business 

Office and Branch Business Office. 

§ 345.09. Traffic Violator School Classroom. 

§ 345.10. Authorized Signatures. 

§ 345. 1 1 . Additional Operator License. 

§ 345.13. Additional Instructor License. 

§ 345.15. Additional Branch Offices and 

Classroom Locations. 

§ 345.16. Renewal of Owner License. 

§345.17. Duplicate Owner License. 

§345.18. Changes to Owner License. 

§ 345.20. Renewal of Operator License. 

§ 345.21 . Duplicate Operator License. 

§ 345.22. Changes to Operator License. 

§ 345.23. Renewal of Instructor License. 

§ 345.24. Continuing Professional Education. 

§ 345.25. Duplicate Instructor License. 

§ 345.26. Changes to Instructor Licenses. 



• 



Article 5. Requesting Information from 

the Department 28.i0(q) 

§ 350.02. Definitions. 

§ 350.03. Address Elements. 

§ 350.04. Information Access. 

§ 350.06. Governmental Entity's Application 

for a Requester Code. 
§ 350.08. Assignment of Requester Codes, 

and Personal Identification Numbers 

to Governmental Entities. 
§ 350.10. Governmental Entity's Request for 

Information. 
§ 350.12. Priority for Processing 

Governmental Requests. 
§ 350.14. Release of Information to 

Governmental Entity. 
§350.16. Information Required on a 

Nongovernmental Application for a 

Requester Code. 
§ 350.18. Additional Requirements for a 

Nongovernmental Application for a 

Requester Code. 
§ 350.20. Certifications Required with 

Nongovernmental Applications for 

Access to Residence Address 

Information. 



• 



Page vi 



(7-11-2008) 



Title 13 



Department of Motor Vehicles 



Table of Contents 



Page 



Page 



• 



§ 350.22. 


Fees Required with an Application 




for a Nongovernmental Requester 




Code. 


§ 350.24. 


Bond Requirements for a 




Commercial Requester Account 




with Access to Confidential Address 




Information. 


§ 350.26. 


Assignment of Commercial 




Requester Accounts, Requester 




Codes, and Personnel Identification 




Numbers to Nongovernmental 




Entities. 


§ 350.28. 


Nongovernmental Requester Code 




Holder's Request for Information. 


§ 350.30. 


Priority for Processing 




Nongovernmental Requests. 


§ 350.32. 


Release of Information to 




Commercial Requester Account 




Holder. 


§ 350.34. 


Additional Security Requirements 




for On-Line Access. 


§ 350.36. 


Casual Requests for Information. 


§ 350.38. 


Identification of Casual Requesters. 


§ 350.40. 


Release of Information to Casual 




Requester. 


§ 350.42. 


Use of Information. 


§ 350.44. 


Cost of Information. 


§ 350.46. 


Payment for Information. 


§ 350.48. 


Retention of Records. 


§ 350.50. 


Inspection of Records. 


§ 350.52. 


Refusal, Suspension or Revocation 




of Requester Codes. 


§ 350.53. 


Surrender of Records. 


§ 350.54. 


Temporary Suspension of a 




Requester Code. 


§ 400.00. 


Licenses. 


§ 400.10. 


Applications. 


§400.15. 


Insurance Requirements. 


§ 400.20. 


Place of Business. 


§ 400.25. 


Driver Education Courses for 




Minors. 


§ 400.27. 


Certificates of Completion for 




Minors. 


§ 400.30. 


Equipment. 


§ 400.40. 


Advertising. 


§ 400.45. 


Instruction. 


§401.00. 


Subject Matter of Driving Instructor 




Training Course. 


§401.01. 


Length of Driving Instructor 




Training Course. 


§401.02. 


Departmental Approval of Instructor 




Training Course. 


§401.03. 


Course Monitoring by Department. 


§401.04. 


Proof of Satisfactory Completion. 


§401.05. 


Continuing Professional Education. 


§ 401.10. 


Definition. 


§401.12. 


Driving School Authorizations. 


§401.14. 


Description of Limitations. 


§401.16. 


Applications. 


§401.18. 


Verification of Name and Birthdate. 


§401.20. 


Examinations. 


§401.22. 


Grounds Requiring Refusal. 


§401.24. 


Issuance, Content and Disposition. 


§401.26. 


Cancellations. 


§401.28. 


Fees and Purchasing. 


§401.30. 


Forms and Accountability. 


§ 401.32. 


Records Maintenance and 




Confidentiality. 


§ 401.34. 


Notice and Hearing. 


§ 402.00. 


"Advertising" Defined. 


§402.01. 


"Dealer's Cost" Defined. 


§ 402.02. 


"Demonstrator" Defined. 


§ 402.03. 


"Manufacturer's Suggested Total 




Price" Defined. 


§ 402.04. 


Applicability. 


§ 403.00. 


Advertisements. 


§403.01. 


Vehicle Description. 



§ 403.02. Vehicle History. 

§ 403.03. Vehicle Condition. 

§ 403.04. Vehicle Availability. 

§ 403.05. Vehicle Equipment. 

§ 403.07. Returned Vehicles. 

§ 403.08. Incentive Advertising. 

§ 404.00. Dealer Price. 

§ 404.01 . Manufacturer's or Distributor's 

Price. 
§ 404.02. Savings Claims. 

§ 404.03. Dealer Added Charges. 

§ 404.04. Rebates. 

§ 404.05. Financing. 

§ 404.06. Down Payment. 

§ 404.07. Trade-in Allowances. 

§ 404.08. Identity of Dealer or 

Lessor-Retailer. 
§ 404.09. Qualifying Statements. 

§ 405.01. Description of Vehicle. 

§ 405.02. Ownership History. 

§ 405.03. Vehicle Condition. 

§ 405.04. Vehicle Equipment. 

§ 405.05. Vehicle Availability. 

§ 405.06. Vehicle Price. 

§ 405.07. Trade-in Allowances. 

§ 405.08. Terms. 

§ 405.09. Identity of Dealer, Distributor or 

Manufacturer. 
§ 406.00. Place of Business. 

§407.00. Change of Location. 

§408.00. Signs or Devices. 

§ 409.00. Display Area. 

§410.00. Business Records. 

§ 410.01 . Location of Business Records. 

§411.00. Place of Business. 

§ 41 1 .01 . Pertinent Books and Records. 

§412.00. Place of Business. 

§412.01. Types of Licenses. 

§ 412.02. Issuance of Vehicle Transporter's 

License. 
§413.01. Place of Business. 

§ 41 3.02. Signs and Devices. 

§ 413.03. Dismantling Area. 

§ 41 3.05. Dismantler Report Forms. 

§ 413.06. Acquisition of Cleared Vehicles. 

§413.07. Business Records. 

§ 41 3.08. Location of Business Records. 

§ 414.00. Occupational License Application 

Requirements. 
§ 414.01. Time Requirements for Submitting 

Application. 
§ 414.10. Business License Definition. 

§ 414.20. Business License Application 

Requirements. 
§ 414.30. Time Requirements for Any Change 

in License. 
§ 414.40. Branch Location Application 

Requirements. 
§ 414.50. Dealer Branch Location Definition. 

§ 414.60. Dismantler Branch Location 

Definition. 
§ 41 5.00. Surety Bond for Engine Rebuilders. 

§415.01. Regulations. 

§ 415.02. When Sold Accompanied by Bill of 

Sale. 
§ 41 6.00. Unlawful Act Without Permit. 

§ 416.01. Application for Permit. 

§ 416.02. Authority to Issue or Refuse Permit. 

§ 416.03. Authority to Temporarily Suspend 

Permit. 
§ 416.04. Authority to Suspend or Revoke 

Permit. 
§ 416.05. Authority to Issue Probationary 

Permit. 
§ 416.06. Change of Address. 

§ 416.07. Automatic Cancellation. 

§ 417.00. Effect of Action Against Permit. 



Page vii 



(7-11-2008) 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



Page 



Page 



§417.01. 
§417.02. 
§418.00. 
§ 420.00. 
§421.00. 

Article 6. 

§422.01. 

§ 423.00. 
§ 425.01 . 

§ 430.00. 

§431.00. 

Article 6. 1 . 

§ 440.00. 

§ 440.02. 
§ 440.04. 



Article 7. 



§ 450.00. 

§ 450.02. 
§ 450.04. 
§ 450.06. 
§ 450.08. 



§450.10. 



Surrender of Permit. 

Causes of Action Against Permit. 

Unlawful Acts. 

Monetary Penalties. 

Notices of Suspension. 

Administration 28.24 

Administrative Fees for Returned 

Checks. 

Fee Adjustment. 

Administrative Fee for Vehicle Code 

Book. 

Fee for Recording Notice of 

Delinquent Parking Violation. 

Fee for Recording Notice of 

Delinquent Toll Evasion Violation. 

Administrative Adjudication — 28.25 
Administrative Adjudication 
Proceedings. 

Occupational License Definition. 
Occupational Licensing and 
Disciplinary Guidelines. 

Federal Citizenship and 

Alien Status Requirements 

for Benefit Eligibility 28.25 

Benefits Subject to Federal 

Eligibility Requirements. 

Limitations on PRWORA Benefits. 

Terms of Issuance and Restrictions. 

Appeals Hearings. 

Bond Requirements with an 

Application for Original 

Occupational License For a 

Registration Service. 

Certification Required with an 

Application for an Original 

Registration Service License. 



§ 450.12. 


Temporary Permit and License 




Issuance and Posting. 


§ 450.14. 


Renewal of a Registration Service 




License. 


§450.16. 


Change of Business or Corporate 




Name. 


§ 450. 1 8. 


Addition of a Branch Office or 




Change of Address. 


§ 450.20. 


Employee Changes. 


§450.21. 


Change of Ownership. 


§ 450.22. 


Change in Corporate Officer 




Structure. 


§ 450.24. 


Signs. 


§ 450.26. 


Advertising. 


§ 450.28. 


Additional Services Provided. 


§ 450.30. 


Compensation Received by a 




Registration Service. 


§ 450.32. 


Submitting Fees and Documents to 




the Department. 


§ 450.34. 


Subcontracting and Responsibility. 


§ 450.38. 


Withholding Documents or 




Operating Authority. 


§ 450.40. 


Release of Information. 


§ 450.42. 


Information for Clients. 


§ 450.44. 


Listing Sheet for Transmitting 




Registration Documents. 


§ 450.46. 


Incomplete Transactions. 


§ 450.48. 


Maintenance and Inspection of 




Business Records. 


§ 450.50. 


Electronic Maintenance of Records. 


§ 450.52. 


Registration Service Voluntarily Out 




of Business. 


§ 450.54. 


Refusal to Issue, Suspension, 




Revocation or Cancellation of a 




License. 


§ 450.56. 


Notices of Suspension. 


§ 450.58. 


Surrender of Records. 


§ 450.60. 


Certificate of Convenience. 



Page viii 



(7-11-2008) 



Title 13 



Department of Motor Vehicles 



§ 15.00 



TITLE 13. MOTOR VEHICLES 



(Originally Printed 7-28^6) 



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 Sec- 
tion 1 1344, 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 pub- 
lic for review or purchase at cost at the following locations: 

DEPARTMENT OF MOTOR VEHICLES 
2415 FIRST AVENUE 
SACRAMENTO, CALIFORNIA 958J8 

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, Di- 
vision 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 Prac- 
tices Commission 6-1-81 (Register 81, No. 28). 

3. Editorial correction of article 1 (section 1 and Appendix) filed 8-21-81 (Regis- 
ter 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. Ap- 
proved 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 9-1 3-93 (Reg- 
ister 93, No. 38). 

7. Amendment of Appendix filed 10-11-94; operative 1 1—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 Prac- 
tices Commission filed 4-2 1 -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). 

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. 

(a) U.S. citizens who apply for an original driver license or identifica- 
tion 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 INS (1-551). 

(10) American Indian Card issued by INS (1-551). 

(11) U.S. Citizen Identification Card (1-179, 1-197). 

(b) Immigrants shall submit one of the following United States Immi- 
gration and Naturalization Service (INS) documents or other document 
with an INS notation to prove their legal presence in the United States. 
Immigrants are persons who have lawful permanent residency status. 
Documents must be legible and unaltered to establish proof of the per- 
son's legal presence in the United States. 

(1) Resident Alien Card (1-551, AR-3, AR-3A, AR-103). 

(2) Temporary Resident Identification Card (1-688). 

(3) Alien Registration Receipt Card (1-151) valid until declared inval- 
id by INS. 

(4) Permanent Resident Re-entry Permit (1-327). 



Page 1 



Register 2008, No. 18; 5-2-2008 



§ 15.01 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



(5) U.S. Border Crossing Identification Card and Visa (Known as the 
"Mica") with a valid 1-94. 

(6) A foreign passport stamped "Processed for 1-551". 

(7) Record of Arrival and Departure (1-94) stamped Temporary Evi- 
dence 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^147, 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-2 14 Report of Separation for Air Force, Army, Marine Corps, 
or Navy personnel. 

(d) Non-immigrants shall submit one of the following United States 
Immigration and Naturalization Service (INS), Canadian documents or 
other document with an INS 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 (1-185, 
1-586). 

(4) Mexican Border Crossing Card (1-186 with a valid 1-94 or 1-586 
with a valid 1-94). 

(5) Record of Arrival and Departure (1-94 or I-94W) with a valid for- 
eign passport. 

(6) Record of Arrival and Departure (1-94) 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 judgement from a court of competent jurisdic- 
tion 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 coun- 
try is authorized by Federal law. 

(2) Certification provided by the California Youth Authority (CYA) 
which verifies the legal presence of the applicant. 

(3) Certification provided by the California Department of Correc- 
tions (CDC) which verifies the legal presence of the applicant. 

(4) Employment Authorization Card (I-688A, I-688B, 1-766). 

(5) Record of Arrival and Departure stamped "Refugee, or Asylee, Pa- 
rolee or Parole" (1-94) coded: Section 207 (Refugee), 208 (Asylum), 209 
(Refugees), 212d(5) (Parolee), HP (Humanitarian Parolee) or PIP (Pub- 
lic Interest Parolee). 

(6) An immigration Judge's Order Granting Ayslum. 

(7) Refugee Travel Document (1-571). 

(8) Notice of Action (1-797) 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 1 1-29-93 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 1 1-29-93 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)-(l), 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 emer- 
gency 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). 

§ 15.01. Out-of-State Driver License Verification for 
Driving Test Waiver. 

(a) The "acknowledged national driver record data source" as speci- 
fied in Section 1 2804.9 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 li- 
cense issued by another state, territory, or possession of the United 
States, District of Columbia, or the Commonwealth of Puerto Rico. 

(c) Pursuant to Section 1 2804.9 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 Sys- 
tem 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. 

(a) The department shall issue a temporary driver license valid for up 
to 60 days provided there is no other cause for refusal pending verifica- 
tion of documents submitted as proof of legal presence, or to allow appli- 
cants sufficient time to provide such documents. The department may 
extend the temporary license if the applicant provides evidence that he/ 
she is in the process of obtaining proof of legal presence. 

(b) The department shall not issue 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 iden- 
tification 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 docu- 
ment 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 INS 
document. 

NOTE: Authority cited: Sections 1651 and 12801.5, Vehicle Code. Reference: 
Sections 12506, 12800, 12801.5, 12805, 12816, 13000, 13002 and 14100, Ve- 
hicle 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 1 1 346. 1(f) (Regis- 
ter 94, No. 32). 

4. New subsection (b) refiled 8-9-94 as an emergency; operative 8-9-94 (Regis- 
ter 94, No. 32). A Certificate of Compliance must be transmitted to OAL by 



Page 2 



Register 2008, No. 18; 5-2-2008 



Title 13 



Department of Motor Vehicles 



§ 20.04 



12-7-94 or emergency language will be repealed by operation of law on the fol- 
lowing day. 

5. Certificate of Compliance as to 8-9-94 order including amendment of subsec- 
tions (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). 

§ 15.04. Social Security Account Number Verification. 

(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 in- 
eligible for a social security number. 

NOTE: Authority cited: Section 1651, Vehicle Code; and Thomas Lauderbach et 
ai, v. FrankS. Zolin. 35Cal. App. 4th 578; 41 Cal. Rptr. 2d 434 (1995). Reference: 
Sections 1653.5, 12506, 12800 and 12801.5, Vehicle Code; and Thomas Lander- 
bach et ai, 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). 

§15.05. Appeals Hearings. 

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 1 1-29-93 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). 

§15.06. True Full Name. 

For purposes of this article, "true full name" is defined as the name spe- 
cified on one of the documents listed in Section 15.00 in Article 2, Chap- 
ter 1, Division 1, of Title 13 of the California Code of Regulations neces- 
sary 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 re- 
corded 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. 

(a) An applicant for a reduced fee Department of Motor Vehicles iden- 
tification 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: Sec- 
tions 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: 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. 

(a) Upon application for an original California driver license or identi- 
fication card, the department shall require the applicant to produce identi- 
fication 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 ap- 
plicant 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 li- 
cense or identification card, or before a California driver license or iden- 
tification 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 li- 
cense 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 docu- 
mentation to establish the applicant's true full name as required by sub- 
sections (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 completed Medical Information Authorization (Name and Gen- 
der Change) form DL 328 (Rev. 5/96), which is hereby incorporated by 
reference, verifying the applicant is in the process of, or has completed, 
a gender change. 

(3) A document issued by a competent jurisdiction which 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 which contains the legal name of the indi- 
vidual as a result of the adoption 

(B) A name change document which 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 which 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. 



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§ 20.06 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



(4) For purposes of this subsection, "competent jurisdiction" is de- 
fined 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 autho- 
rized to issue documents for adoption, name change, marriage, or dis- 
solution 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 6-1 7-99 (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. 2 1 ). A Certificate of Compliance must be trans- 
mi tted to OAL by 9-2 1 -200 1 or emergency language wi 11 be repealed by opera- 
tion 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). 

§ 20.06. Identification Elements and Document Inspection 
Terms. 

(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 indi- 
vidual. 

(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 identi- 
fication card is obstructed, absent, illegible, or exposed through the pro- 
tective 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 un- 
able 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: 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. 

(a) For the purposes of this section, "an application" means any form 
currently in use, under revision, or developed in the future by the depart- 
ment for the process of establishing driving privileges or personal identi- 
fication. 

(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 substan- 
tiated with, or presented with fraudulent information or documentation. 
The individual may not reapply for a driver license until the period of re- 
vocation is completed. An individual subject to a revocation action pur- 
suant to this section shall immediately surrender any California driver li- 



cense 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 immedi- 
ately surrender any identification card so canceled to the department or 
a peace officer upon notification of the action. 

NOTE: Authority cited: Section 1 65 1 , 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 10-1.8-95 (Register 95. 
No. 38). 

2. Change without regulatory effect deleting article heading filed 7-23-2003 pur- 
suant to section 100, title 1, California Code of Regulations (Register 2003, No. 
30). 

Article 2.1. Commercial Driver Licenses 

§ 25.06. Authority and Definitions. 

The department is authorized in Part 383 of Title 49 of the Code of Fed- 
eral Regulations to use third-party testers to conduct the commercial be- 
hind-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 Driv- 
ing Skill (DL170ETP, Rev. 11/02 or Firefighter Certificate of Driving 
Skill (DL 170F ETP, New 1 1/05)) by his or her employer for the purpose 
of waiving the department-administered driving test portion of the com- 
mercial 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 1 132.2.). In addition, a volunteer 
of an employer who has an established volunteer workforce will be con- 
sidered 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 tes- 
ters to conduct the commercial driving test portion of the commercial 
driver license testing process. 

(e) Employer. A California sole proprietor, partnership, company, cor- 
poration, 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 pro- 
vides firefighting services; or a regularly organized fire department of a 
city, county, city and county, or district; or a regularly organized fire de- 
partment 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 subdi- 
vision, 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 pri- 
mary 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 em- 
ployer 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 depart- 



Page4 



Register 2006, No. 37; 9-15-2006 



Title 13 



Department of Motor Vehicles 



§ 25.08 



ment. California Vehicle Code Section 15250(c) grants the department 
authority to authorize third-party testers to conduct the commercial driv- 
ing test. 

NOTE: Authority cited: Section 1 651 , 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). 

§ 25.07. Employer Prerequisites. 

(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 li- 
cense 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 520FETP, New 1 1/05), which is hereby incor- 
porated by reference, in addition to the Application for Employer Num- 
ber (DL 520 ETP, Rev 8/02). 

(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. 11/02). 

(3) A firefighting organization that is granted limited participation in 
the program will be provided and authorized to issue a Firefighter Certifi- 
cate of Driving Skill (DL 170F ETP, New 1 1/05). 

NOTE: Authority cited: Section 1 65 1 , Vehicle Code. Reference: Sections 1 2804.9, 
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). 

§ 25.08. Employer Testing Program Enrollment. 

(a) The employer requesting participation in the Employer Testing 
Program must submit: 

(1) An original Employer Testing Program Application for Employer 
Number (DL520ETP, Rev. 8/02), hereinafter referred to as the Applica- 
tion (DL520ETP, Rev. 8/02). The Application (DL520ETP, Rev. 8/02) 
will serve as the employer's written agreement with the department. The 
completed Application (DL520ETP, Rev. 8/02) shall include the follow- 
ing: 

(A) An indication of the type of Application, whether original or re- 
newal. 

(B) Name of employer. 

(C) Previous employer number(s), if any. 

(D) Mailing address (city, state, and zip code). 

(E) Telephone number(s), including area code(s). 

(F) Street address (city, state, and zip code). 

(G) Number of commercial drivers employed. 
(H) Number of commercial vehicles in fleet. 
(I) Nature of business and use of vehicles. 

(J) License class(es) for which driver testing authority is being re- 
quested. Requested authority must be consistent with the nature of the 
employer's business. 

(K) Whether vehicles carry Hazardous Materials. 



(L) Street address(es) (city(ies), state and zip code(s)) and telephone 
number(s), including area code where the primary and alternate driving 
test routes originate. 

(M) The department's route approval numbers (both primary and al- 
ternate driving test routes), if using an existing department approved 
route(s). 

(N) Facility name(s), street address(es) (city(ies), state, and zip 
code(s)) and telephone number(s), including area code where employer' s 
training, testing and employment records are kept. 

(O) List of Authorized Representative(s) by name, driver license num- 
ber, telephone number including area code, address, whether the individ- 
ual is being added or deleted and date of action. 

(P) Administrator's driver license number. 

(Q) Administrator's printed name and title. 

(R) Administrators signature under penalty of perjury under the laws 
of the State of California certifying that the contents of the Application 
(DL520ETP Rev. 8/02) are true and correct, and that the employer will 
abide by the provisions of Title 13, California Code of Regulations, Sec- 
tions 25.06 through 25.22, and Vehicle Code Sections 12804.9(e) and 
15250 (c) and (d), governing the Employer Testing Program. 

(S) Administrator's office street address (city, state, and zip code). 

(T) An indication of the employer's participation in the department's 
Employer Pull Notice (EPN) program and the EPN number, if applicable. 

(2) Documentation of primary and alternate driving test routes on the 
Employer Testing Program Commercial Driving Performance Evalua- 
tion Route and Directions (DL814ETP, Rev. 2/05) and the Employer 
Testing Program Commercial DPE Maneuver Checklist (DL807ETP, 
Rev. 7/02), which are hereby incorporated by reference, and route map(s) 
for each driving test route, for department review and approval. 

(3) Non-governmental employers shall pay a non-refundable applica- 
tion 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 Em- 
ployer Testing Program. Exception: Firefighting organizations may 
band together under one employer number when using the same driving 
test route(s). 

(c) The department shall notify the employer of its assigned employer 
number and department route approval number(s) within 30 days of the 
department's receipt of a complete Application (DL520ETP Rev. 8/02) 
package. 

(d) The department shall return the Application (DL520ETP, Rev. 
8/02) to the employer within 15 days of the department's receipt of the 
Application if the Application is incomplete with a cover letter listing the 
items needing correction. No changes shall be made to the Application 
(DL 520ETP, Rev 8/02) by department staff. 

(e) No amendment, alteration, or variation of the Application 
(DL520ETP, Rev. 8/02) and Application for Employer Number Adden- 
dum (DL520FETP, New 1 1/05) (firefighting organizations) shall be val- 
id unless made in writing and signed by the employer's Administrator 
and approved by the department. 

(f) 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 li- 
cense restricted to the operation of firefighting equipment. Firefighting 
organizations requesting limited participation shall submit an Applica- 
tion for Employer Number Addendum (DL520FETP, New 1 1/05) which 
is hereby incorporated by reference. The addendum shall be submitted 
before or during an Employer's enrollment term in the Employer Testing 
Program. 

(g) If the Application (DL520ETP, Rev. 8/02) process has not been 
completed within 12 months of the department's receipt of the Applica- 
tion (DL520ETP, Rev. 8/02), that Application (DL520ETP, Rev. 8/02) 
becomes void, and a new Application (DL520ETP, Rev. 8/02), and a 
non-refundable application fee must be submitted to the department. 

(h) The department shall initiate a staggered renewal cycle for existing 
employers, by imposing a one, two, or three-year renewal period on a 



Page 4.1 



Register 2006, No. 37; 9-15-2006 



§ 25.09 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



one-time basis at the time these regulations are adopted. Subsequent re- 
newal periods shall be for the three-year period. The employer must re- 
new its employer number every three years to remain active in the pro- 
gram. 

(i) The department shall send the employer a renewal packet no later 
than 90 days prior to expiration of the employer number, which shall in- 
clude: 

(1) An Application (DL520ETP, Rev. 8/02) for completion. 

(2) For firefighting organizations granted limited participation in the 
Employer Testing Program: An Application for Employer Number Ad- 
dendum (DL520FETP, New 1 1/05). 

(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. 

(j) 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. 
8/02). 

(2) A completed and signed Application for Employer Number Ad- 
dendum (DL520FETP, New 1 1/05), if applicable. 

(3) A list of drivers certified in the prior period signed by the Adminis- 
trator. 

(4) Payment of an application fee ($15 for each year) from non-gov- 
ernment employers. 

(k) 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 Direc- 
tions (DL814 ETP, Rev. 2/05), the Employer Testing Program Commer- 
cial DPE Maneuver Checklist (DL807ETP, Rev. 7/02), and route map(s) 
for each driving test route, for department review and approval, with its 
first renewal Application (DL520ETP, Rev. 8/02). 

(/) The department shall return the Application (DL520ETP, Rev. 
8/02) within 15 days of the department's receipt if the renewal Applica- 
tion (DL520ETP, Rev. 8/02) is incomplete with a cover letter listing the 
items needing correction. No changes shall be made to the Application 
(DL520ETP, Rev. 8/02) by department staff. 

(m) The department shall approve the application and notify the em- 
ployer of its renewed employer number and any new department route 
approval numbers, within 30 days of receipt of a complete Application 
(DL520ETP, Rev. 8/02) package. 

(n) At the discretion of the department, the employer number expira- 
tion date may be extended if all application requirements have been met. 

(0) If the employer number is expired, cancelled, suspended, or re- 
voked for more than 12 months, the employer shall submit an original 
Application (DL520ETP, Rev. 8/02) with the appropriate documents and 
application fees. 

NOTE: Authority cited: Section 1651 , Vehicle Code. Reference: Sections 12804.9, 
1 5250 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 relet- 
tering, 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). 

§ 25.09. Application Changes. 

(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. 8/02): 

(1) Change of address. 

(2) Change of Authorized Representative. 

(3) Change in class of license for which driver testing authority is re- 
quested. 



(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. 8/02). 

NOTE: Authority cited: Section 1651. Vehicle Code. Reference: Sections 12804.9 
and 1 5250, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regula- 
tions. 

History 
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2). 

§25.10. Driving Test Routes. 

(a) Upon adoption of these regulations, 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 Pro- 
gram Commercial Driving Performance Evaluation Route and Direc- 
tions (DL814ETP, Rev. 2/05), Employer Testing Program Commercial 
DPE Maneuver Checklist (DL807ETP, Rev. 7/02), 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. 11/02) or on the 
Firefighter Certificate of Driving Skill (DL170FETP, New 11/05). 

(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. 7/02) prior to 
use of the route. 

(d) Any changes to an approved route must be reported by the employ- 
er on the Employer Testing Program Commercial Driving Performance 
Evaluation Route and Directions (DL814ETP, Rev. 2/05), Employer 
Testing Program Commercial DPE Maneuver Checklist (DL807ETP, 
Rev. 7/02), 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 (FMCS A), or its representative, and/or the 
department, or its representative, must be reported by the employer on the 
Employer Testing Program Commercial Driving Performance Evalua- 
tion Route and Directions DL814ETP, Rev. 2/05), Employer Testing 
Program Commercial DPE Maneuver Checklist (DL807ETP, Rev. 
7/02), and route map; and approved by the department before the new/re- 
vised route may be used. 

NOTE: Authority cited: Section 1 65 1 , Vehicle Code. Reference: Sections 1 2804.9, 
1 5250 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). 

§ 25.1 1 . Quality Assurance Oversight. 

(a) The employer shall establish and maintain a quality assurance pro- 
gram that: 

(1) Ensures compliance with all provisions and terms of the Employer 
Testing Program regulations contained in the California Code of Regula- 
tions, Title 13, Sections 25.06 through 25.22. 

(2) Ensures adequate internal controls are established for program re- 
sponsibilities, and appropriate separation of duties are in place for pro- 
gram 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, in- 
spections and audits without prior notice. 

(4) Permits the department, or its representative to conduct on-site in- 
spections 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 Regula- 
tions. 

History 

1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2). For 
prior history, see Register 96, No. 15. 



Page 4.2 



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Title 13 



Department of Motor Vehicles 



§ 25.15 



• 



§ 25.12. Driver Training Program. 

(a) Every employer shall establish a driver training program tor its 
commercial drivers. 

(b) Prior to testing employees for certification purposes under the Em- 
ployer Testing Program, the employer must provide the employee com- 
mercial 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 1 65 1 , Vehicle Code. Reference: Sections 1 2804.9 
and 15250. Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regula- 
tions. 

HrSTORY 

1 . New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2). 

§25.13. Driving Test Program. 

(a) The employer must establish a driving test program for certifica- 
tion purposes under the Employer Testing Program, which includes the 
utilization of the Commercial Driver License Driving Performance Eval- 
uation criteria established by the department, in all driving tests used for 
certification purposes. 

(b) AH 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 equip- 
ment 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 1 5250, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regula- 
tions. 

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). 

(a) Upon successful completion of the driving test, a Certificate of 
Driving Skill (DL170ETP, Rev. 1 1/02) or Firefighter Certificate of Driv- 
ing Skill (DL170FETP, New 1 1/05) shall be completed and signed by the 
Authorized Representative, Examiner, and driver under penalty of perju- 
ry under the laws of the State of California. 

(b) When the Certificate of Driving Skill (DL170ETP, Rev. 1 1/02) or 
Firefighter Certificate of Driving Skill (DL170FETP, New 11/05) 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 examina- 
tion requirements for the license for which the driver is applying as speci- 
fied in Vehicle Code Section 12804.9, and the department verifies that 
the Certificate of Driving Skill (DL170ETP Rev. 11/02) or Firefighter 
Certificate of Driving Skill (DL170FETP, New 11/05) was issued under 
the provisions of the Employer Testing Program by an authorized em- 
ployer. 

(c) A Certificate of Driving Skill (DL170 ETP, Rev. 11/02) or Fire- 
fighter Certificate of Driving Skill (DL170FETP, New 1 1/05) shall in- 
clude 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, New 
1 1/05) shall include all of the information on a Certificate of Driving Skill 
(DL170ETP, Rev. 11/02) 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 ve- 
hicles. 

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). 

§ 25.15. Record-Keeping Program. 

(a) The employer shall keep records of Employer Testing Program re- 
lated information on training and testing provided to its certified em- 
ployee 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. 

( 1 1 ) An Employer Testing Program Exami ner Dri ver Testing Log (DL 
819 ETP, New 1/2005), which is incorporated by reference, shall docu- 
ment the driving tests conducted, including both passed and failed driv- 
ing 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). 



Page 4.2(a) 



Register 2006, No. 37; 9-15-2006 



§ 25.16 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



(K) Documentation of any training drive tests conducted pursuant to 
Section 25.22. 

( 1 2) 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 lest. 

(13) All pass and fail driving lest score sheets ETP CDL Pre-Trip In- 
spection Evaluation Score Sheet/ETP CDL Driving Performance Evalu- 
ation Score Sheet (DL65ETP, Rev. 4/03), which is hereby incorporated 
by reference, used for each employee who is tested for purposes of issu- 
ing a Certificate of Driving Skill (DL1 70ETP, Rev. 1 1/02) or a Firefight- 
er Certificate of Driving Skill (DL 170FETP, New 1 1/05), pursuant to 
Section 25.22(d). 

(14) A copy of each Certificate of Driving Skill (DL170ETP, Rev. 
1 1/02) or a Firefighter Certificate of Driving Skill (DL170FETP, New 
11/05) issued. 

(15) Documentation of the department approved primary and alternate 
driving test routes on the Employer Testing Program Commercial Driv- 
ing Performance Evaluation Route and Directions (DL814ETP, Rev. 
2/05), the Employer Testing Program Commercial DPE Maneuver 
Checklist (DL807ETP, Rev. 7/02), 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 em- 
ployer' s participation in the Employer Testing Program and for a mini- 
mum of three years after the employer number becomes invalid (i.e., ex- 
pired, 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. 8/02). 

(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. 
1 1/02) or a Firefighter Certificate of Driving Skill (DL170FETP, New 
1 1/05) are its employees at the time of driver training, testing, and certifi- 
cation. 

(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)(l 1)— (a)(l 1)(J), subsection renumbering and amendment 
of subsection (b) filed 3-30-2005 as an emergency; operative 3-30-2005 (Reg- 
ister 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)(ll)-(a)(ll)(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 1 1-25-2005 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 emer- 
gency amendments by operation of Government Code section 1 1346.1(f) (Reg- 
ister 2006, No. 7). 

5. New subsections (a)(l l)-(a)(l 1)(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). 

§ 25.16. Sample Testing of Certified Drivers. 

(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 em- 



ployer, for the purposes of comparing pass/fail results between the em- 
ployer's Examiner and the department's examiners. 

(b) The selection of drivers to be tested shall be determined by the de- 
partment. 

(c) The employer shall notify each certified driver of the possibility of 
being required to pass a department-administered test at the depart- 
ment'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 driv- 
er' 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 employ- 
er, 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. 11/02) or Firefighter Certificate of Driving Skill 
(DL170FETP, New 1 1/05) if the driver does not return to the department 
for the department-administered test, which shall result in the driver's li- 
cense 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. 1 1/02) or Firefighter Certificate of 
Driving Skill (DL170FETP, New 11/05). 

(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 Notf; filed 9-14-2006; 
operative 10-14-2006 (Register 2006, No. 37). 

§ 25.17. Cancellations/Reinstatements. 

(a) An employer with an active employer number may at any time after 
issuance voluntarily cancel its employer number by submitting to the de- 
partment an Employer Testing Program Voluntary Cancellation Request 
of Employer Number (DL520CETP, Rev. 8/03); 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 Em- 
ployer Testing Program Request for Reactivation Employer Number 
(DL817ETP, Rev. 7/02), 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 Ap- 
plication (DL520ETP, Rev. 8/02), an Application for Employer Number 
Addendum (DL520FETP, New 1 1/05) when the employer is a firefight- 
ing organization requesting limited participation in the Employer Testing 
Program, the Employer Testing Program Commercial Driving Perfor- 



Page 4.2(b) 



Register 2006, No. 37; 9-15-2006 



Title 13 



Department of Motor Vehicles 



§ 25.19 



mance Evaluation Route and Directions (DL814ETP, Rev. 2/05), Em- 
ployer Testing Program Commercial DPE Maneuver Checklist 
(DL807ETP, Rev. 7/02), the route map, and payment of a $45 non-re- 
fundable 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 1 5 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 1 65 1 , Vehicle Code. Reference: Sections 1 2804.9. 
1 5250 and 1 5250.6, 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 9-1 4-2006; opera- 
tive 10-14-2006 (Register 2006, No. 37). 

§ 25.18. Sanctions/Reinstatements. 

(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 em- 
ployer before suspending or revoking the employer number. However, 
the department shall immediately suspend or revoke the employer num- 
ber if an employer is engaging in practices in such a manner that immedi- 
ate 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 en- 
titled "Employer Testing Program Guidelines for Sanctions" (9/3/02, 
which are hereby incorporated by reference, and any and all other sanc- 
tions 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 war- 
rant 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 sus- 
pension. 

(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-com- 
pliance with required federal regulations/state statutes, may result in a re- 
vocation. A revocation shall be for a period of not less than 12 months. 

(c) In the event the department suspends the employer number, the em- 
ployer 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 cancel- 
ing, 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. 8/02), an Application for Em- 
ployer Number Addendum, (DL520FETP, New 1 1/05) when the em- 
ployer 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 alter- 
nate 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 em- 
ployer and the Examiner before the department discontinues the Examin- 
er'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 ac- 
tion taken against his or her commercial driver license that disqualifies 
him or her to act as an Examiner (the driver license is suspended, re- 
voked, 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 Sec- 
tion 25.22 of these regulations prior to being reinstated after discontinua- 
tion of eligibility to act as an examiner under subsection (g). An Employ- 
er 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 1 65 1 , Vehicle Code. Reference: Sections 1 2804.9, 
15250 and 15250.6, Vehicle Code; Part 383, of Title 49 of the Code of Federal 
Regulations; and Sections 1 1340.5 and 1 1425.50(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; opera- 
tive 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; op- 
erative 7-28-2005 (Register 2005, No. 30). A Certificate of Compliance must 
be transmitted to OAL by 1 1-25-2005 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 emer- 
gency amendments by operation of Government Code section 1 1 346. 1 (f) (Reg- 
ister 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). 

§ 25.19. Employer Roles and Responsibilities. 

(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 em- 
ployer number. 

(3) The Authorized Representative may be an Examiner under the 
same employer number, but cannot assume or sign for both responsibili- 
ties on the same Certificate of Driving Skill (DL170ETP, Rev. 1 1/02) or 
Firefighter Certificate of Driving Skill (DL170FETP, New 11/05). 

(b) The employer must ensure that all drivers are provided commercial 
driver training pursuant to subdivision (b) of Section 25.12 of these regu- 
lations prior to certification. 

(c) The employer must enroll each commercial driver under its Em- 
ployer Pull Notice number after issuance of the Certificate of Driving 
Skill (DL170ETP, Rev. 1 1/02) or Firefighter Certificate of Driving Skill 
(DL170FETP, New 11/05), and during the driver's actual term of em- 
ployment. 

(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 



Page 4.2(c) 



Register 2006, No. 37; 9-15-2006 



§ 25.20 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



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 depart- 
ment 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 adminis- 
ter 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 con- 
duct 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 en- 
dorsement 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 de- 
partment. 

(4) Allow the employer to enroll him/her under the employer's Em- 
ployer 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 com- 
mercial 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 no- 
tice, 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 com- 
mercial driver license is not valid or is on probation for negligent opera- 
tion of a motor vehicle. Maintain his/her Examiner eligibility by conduct- 
ing at least one driving test for certification purposes during a 
consecutive 90-day period; or attend and pass Examiner refresher train- 
ing 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. 11/02) 
or Firefighter Certificate of Driving Skill (DL170FETP, New 11/05) for 
his/her own relative, supervisor, or himself/herself. 

(14) Not knowingly sign a false or incorrect Certificate of Driving 
Skill (DL170ETP, Rev. 1 1/02) or Firefighter Certificate of Driving Skill 
(DL170FETP, New 11/05). 

(h) Prior to the issuance of a Certificate of Driving Skill (DL170ETP, 
Rev. 11/02) or Firefighter Certificate of Driving Skill (DL170FETP, 
New 1 1/05), 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 (DL 1 70ETP, Rev. 1 1/02) or Firefighter Certificate of Driving Skill 
(DL 1 70FETP, New 1 1 /05) was approved by the Authorized Representa- 
tive. 

(5) Required by law to hold a commercial license to operate commer- 
cial vehicles in the course of employment with this employer. 

NOTE: Authority cited: Section 1651. Vehicle Code. Reference: Sections 12804.9, 
1 5250 and 1 5250.6, 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)(l 1) and sub- 
section 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 (0(1) and (0(10), new subsection (0(11) and sub- 
section 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 1 1-25-2005 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 emer- 
gency amendments by operation of Government Code section 1 1 346. 1 (0 (Reg- 
ister 2006, No. 7). 

5. Amendment of section and Note filed 9-14-2006; operative 10-14-2006 
(Register 2006, No. 37). 

§ 25.20. Administrator Roles and Responsibilities. 

(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 pro- 
gram and serve as the employer's liaison with the department. 

(b) The Administrator must sign the Application (DL520ETP, Rev. 
8/02), Application for Employer Number Addendum (DL520FETP, 
New 1 1/05), 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. 2/05) and the Employer Testing Pro- 
gram Commercial DPE Maneuver Checklist (DL807ETP, Rev. 7/02) if 
requesting a route exemption. 

(c) The Administrator is responsible for ensuring compliance with all 
provisions and terms of the Employer Testing Program regulations con- 
tained in the California Code of Regulations, Title 13, Sections 25.06 
through 25.22. 

(d) The Administrator must ensure that the Authorized Representa- 
tives, Examiners, and all drivers abide by the terms of the Employer Test- 
ing 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 certifi- 
cation purposes meets the department's Commercial Driver License 
Driving Performance Evaluation standards. 

(0 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 Em- 
ployer Testing Program training, testing, and driver certification. 

(h) The Administrator must provide proper training, testing, and em- 
ployment records and other required documentation when requested for 
inspection and verification by the Federal Motor Carrier Safety Adminis- 
tration, or its representative, and the department or its representative. 

(i) The Administrator must not allow a Certificate of Driving Skill 
(DL170ETP, Rev. 11/02) or Firefighter Certificate of Driving Skill 
(DL170FETP, New 11/05) 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 



Page 4.2(d) 



Register 2006, No. 37; 9-15-2006 



Title 13 



Department of Motor Vehicles 



§ 25.22 



California commercial driver license for the type of vehicle used for cer- 
tification purposes, prior to the employer's contract with the Examiner, 
(k) The Administrator must not allow an Examiner to conduct a driv- 
ing test when the Examiner is no longer authorized or qualified to do so. 
NOTE: Authority cited: Section 1 651 , Vehicle Code. Reference: Sections 1 2804.9. 
J 5250 and 1 5250.6, Vehicle Code, and Part 383, of Title 49 of (he 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). 

§ 25.21 . Authorized Representative Roles and 
Responsibilities. 

(a) The Authorized Representative must be an employee of the em- 
ployer. 

(b) The Authorized Representative shall be responsible for ensuring 
that the Certificate of Driving Skill (DL170ETP, Rev. 1 1/02) or Fire- 
fighter Certificate of Driving Skill (DL170FETP, New 1 1/05) is accurate 
and complete before signing. 

(c) The Authorized Representative must verify that the Examiner con- 
ducting 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 en- 
dorsement, 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 em- 
ployee 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. 

(0 The Authorized Representative must verify that driver being certi- 
fied under the employer's employer number is an employee of the em- 
ployer at the time of certification. 

(g) The Authorized Representative must ensure the required test is giv- 
en to the driver using a department approved route. 

(h) The Authorized Representative must not act or sign as the Examin- 
er on the same Certificate of Driving Skill (DL170ETP, Rev. 1 1/02) or 
Firefighter Certificate of Driving Skill (DL170FETP, New 11/05). 

(i) The Authorized Representative must not act as an Authorized Rep- 
resentative for his/her own relative, supervisor, or for himself or herself. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 
15250 and 1 5250.6, 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)(l)-(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 lan- 
guage will be repealed by operation of law on the following day. 

3. Amendment of subsection (c) and new subsections (c)(l)-(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 1 1-25-2005 or emer- 
gency 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 emer- 
gency amendments by operation of Government Code section 1 1 346. 1(f) (Reg- 
ister 2006, No. 7). 

5. Amendment of section and Note filed 9-14-2006; operative 10-14-2006 
(Register 2006, No. 37). 

§ 25.22. Examiner Roles and Responsibilities. 

(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 Test- 
ing Program Examiner Application (DL81 1ETP, Rev. 1/2005), which is 



hereby incorporated by reference, or Employer Testing Program Request 
for Reinstatement-Examiner (DL8I0ETP, 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-spon- 
sored 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)(6) to be an examiner. A letter will be sent to the applicant ex- 
plaining the reason for the denial. If the Application is incomplete, a cov- 
er letter will be sent to the applicant within 15 days listing the items need- 
ing correction. 

(2) For new and reinstated examiners, has held a valid commercial 
driver license for at least three years, with the appropriate class and en- 
dorsements. 

(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 driv- 
er license that would disqualify him/her to act as an Examiner; i.e., sus- 
pended, 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 at- 
tend 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 (DL8 1 1ETP, Rev. 1/2005), the Examiner must submit a new 
Employer Testing Program Examiner Application (DL811ETP, Rev. 
1/2005) and pay a $150 training fee to enroll in the department-spon- 
sored examiner training course. Prior training fees paid are not refund- 
able 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 autho- 
rized. 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 instruc- 
tion 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 pur- 
poses using the Commercial Driver License Driving Performance Evalu- 
ation 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 tests for a period of 90 consecutive days, is ineli- 
gible to conduct commercial driving tests upon the 91 st day of inactivity 
and must submit an Employer Testing Program Request for Reinstate- 



Page 4.2(e) 



Register 2006, No. 37; 9-15-2006 



§ 28.18 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



ment-Examiner (DL 810 ETP, Rev. J/2005), attend and pass a depart- 
ment 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 orga- 
nization^) 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. 

(2) 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. 

(3) The Authorized Representative shall make a notation in the Em- 
ployer 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. 

(g) The Examiner shall verify that the driver is given and successfully 
passes a complete commercial driving test including the pre-trip inspec- 
tion, skills, and road tests. 

(h) The Examiner shall verify that the correct type of commercial ve- 
hicle 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 (DL1 70ETP, Rev. 1 1/02) or Firefighter Certificate of Driving Skill 
(DL170FETP, New 1 1/05) 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. 

(/) 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. 2/2004), 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 fire- 
fighter license Class A or B must submit a Health Questionnaire (DL546, 
Rev. 4/2000), 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 be- 
tween the hours of 8:00 a.m. to 5:00 p.m., with notice, to participate dur- 
ing 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 depart- 
ment-sponsored training to maintain eligibility. 

NOTE: Authority cited: Section 1651 , Vehicle Code. Reference: Sections 12804.9, 
15250 and 1 5250.6, 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 
(0 and subsection relettering filed 3-30-2005 as an emergency; operative 
3-30-2005 (Register 2005, No. 13). A Certificate of Compliance must be trans- 
mitted to OAL by 7-28-2005 or emergency language will be repealed by opera- 
tion 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 trans- 
mitted to OAL by 1 1-25-2005 or emergency language will be repealed by op- 
eration of law on the following day. 

4. Reinstatement of section as it existed prior to 3-30-2005 and 7-28-2005 emer- 
gency amendments by operation of Government Code section 1 1 346. 1 (f) (Reg- 
ister 2006, No. 7). 

5. Amendment of section and Note filed 9-14-2006; operative 10-14-2006 
(Register 2006, No. 37). 



§ 28.18. Minimum Physical and Medical Requirements for 
Class A, B, or Commercial Class C Driver 
Licenses; or Ambulance Driver Certificates. 

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 Perform- 
ing and Recording Physical Examinations) prepared by the Federal Mo- 
tor Carrier Safety Administration as guidelines to aid the medical ex- 
aminer in making the qualification determination as they relate to blood 
pressure, hypertension, and recertification periods based on hyperten- 
sion. 

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 1 00. 1 8 to section 
28. 18 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regula- 
tions (Register 93, No. 30). 

2. Amendment of section heading, text and Note filed 10-26-94; operative 
1 1-25-94 (Register 94, No. 43). 

3. Amendment of section headine, section and Note filed 10-18-2005: operative 
1 1-17-2005 (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. 

Unless otherwise specified, the medical examination form and medi- 
cal 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 ex- 
aminer elects not to issue a medical certificate or the department deter- 
mines 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 ex- 
amination form to the department for consideration of obtaining a state 
approved medical certificate. Upon approval by the department, the de- 
partment 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 Regula- 
tions 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 abil- 
ity. If such a state approved medical certificate is issued by the depart- 
ment, the applicant shall not be permitted to operate vehicles requiring 
a passenger vehicle endorsement or a hazardous materials endorsement 
pursuant to Section 1 5278 of the Vehicle Code. The department may au- 
thorize 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 where- 



Page 4.2(f) 



Register 2006, No. 37; 9-15-2006 



Title 13 



Department of Motor Vehicles 



§ 28.21 



in safe driving ability can be determined by a driving examination, pro- 
vided that the department determines upon evaluation of competent med- 
ical 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 ap- 
proved medical certificate is issued by the department, the applicant shall 
not be permitted to operate vehicles requiring a passenger vehicle en- 
dorsement 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 op- 
eration 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 Regula- 
tions (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. 

(a) The minimum medical requirements for a hazardous materials en- 
dorsement 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 depart- 
ment a Health Questionnaire, Form DL 546 (Rev. 1 1/2004) 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 depart- 
ment shall not issue the endorsement unless the applicant is renewing a 
license with a hazardous agricultural materials endorsement, or is sub- 
mitting a new Health Questionnaire, form DL 546 (Rev. 1 1/2004), to re- 
tain 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 
1 1-17-2005 (Register 2005, No. 42). 

§ 28.21. Medical Requirements for Restricted Class A 
Driver License. 

(a) A person applying for a restricted Class A driver license issued pur- 
suant to Section 1 2804. 1 2 or 1 2804. 1 4 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 hypoglyce- 
mic 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, thrombo- 
sis, or any other cardiovascular disease of a variety known to be accom- 
panied by syncope, dyspnea, collapse, stroke, or congestive cardiac fail- 
ure. 

(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 op- 
erate a motor vehicle. 

(9) Blood Pressure. An applicant must have no current clinical diagno- 
sis 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 inter- 
feres with the ability to safely operate a motor vehicle. 

(11) Mental Condition. An applicant must have no diagnosis of a men- 
tal, 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 con- 
sciousness 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, amphet- 
amine, 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 ad- 
vised the driver that the substance or drug will not adversely affect the 
driver's ability to safely operate a motor vehicle, the department may is- 
sue 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. 1 1/2004), provided by the depart- 
ment, pursuant to Section 28.23. 



Page 4.2(g) 



Register 2006, No. 37; 9-15-2006 



§ 28.22 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



(c) I fan 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. 

(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. 1 1/2004) provided by the depart- 
ment, pursuant to Section 28.23. 

(c) If an applicant for a restricted firefighter dri ver 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 sub- 
division (a) because of a physical condition wherein safe driving ability 
can be determined by driving examination and, in the opinion of the de- 
partment, 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 driv- 
ing 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 condi- 
tions, the applicant shall not be permitted to operate vehicles requiring 
a passenger vehicle endorsement or hazardous materials endorsement 
pursuant to Section 1 5278 of the Vehicle Code. The department may au- 
thorize 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. 1 1/2004), 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). 

§ 28.23. Health Questionnaire. 

(a) The Health Questionnaire, form DL 546 (Rev. 1 1/2004), shall be 
submitted upon application for a hazardous agricultural materials en- 
dorsement, restricted Class A driver license, or restricted fire fighter driv- 
er 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 visu- 
al 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, con- 
gestive heart failure, or other symptoms in the last three (3) years. 

(L) has been diagnosed with a respiratory condition, such as emphyse- 
ma, 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," wheth- 
er 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 pre- 
scribed the drug and whether the applicant's physician advised the appli- 
cant 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 ap- 
plicant 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). 



Article 2.2. 



Licenses for Minors Under Age 
of Eighteen 



§ 50.40. Forms. 

History 

1 . Change without regulatory effect renumbering former section 1 00.40 to section 
50.40 and adding article 2.2 designation filed 7-19-93 pursuant to title 1 , sec- 
tion 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). 



Page 4.2(h) 



Register 2006, No. 37; 9-15-2006 



Title 13 



Department of Motor Vehicles 



§ 55.01 



§ 50.45. Minimum Instruction Requirements Acceptable to 
the Department. 

(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 in- 
struction shall be a minimum of thirty (30) fifty-minute periods. Instruc- 
tion 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 1 1 1 13, Vehicle Code. Reference: Sec- 
tion 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 ], section 100, California Code of Regula- 
tions (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: 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 1 1343.4 (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). 



[The next page is 4.3.] 



Page 4.2(i) 



Register 2006, No. 37; 9-15-2006 



Title 13 



Department of Motor Vehicles 



§ 77.15 



§ 55.02. Requirements for Driving Schools Participating in 
the Driver Education Pilot Program. 

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 1 1343.4 (Register 2001, No. 21). 

2. Change without regulatory effect repealing section filed 4-9-2004 pursuant to 
section 1 00, title 1 , California Code of Regulations (Register 2004, No. 1 5). 

§ 55.03. Record Keeping and Reporting Requirements for 
Participating Driving Schools. 

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 1 1343.4 (Register 2001, No. 21). 

2. Change without regulatory effect repealing section filed 4-9-2004 pursuant to 
section 100, title iTCalifornia Code of Regulations (Register 2004, No. 15). 

§ 55.04. Inspections, Examinations and Audits by the 
Department. 

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 1 1343.4 (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: 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 1 1343.4 (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: 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 1 1343.4 (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. 

(a) Manner of Giving Notice. The notification required by Section 
16057 shall be rendered in writing, by the completion of the notice re- 
ceived 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 De- 
partment of Motor Vehicles, Financial Responsibility, Sacramento, Cali- 
fornia. 

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). 



§ 77.00. Suspension Exemption. 

A driver suspended for failure to provide evidence of financial respon- 
sibility, pursuant to Vehicle Code section 16070, is exempt pursuant to 
Vehicle Code section 16073 from the suspension when his/her employ- 
ment 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 pur- 
suant 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. 

(a) A person whose driving privilege has been suspended pursuant to 
Vehicle Code section 16070 may apply and qualify for one or more finan- 
cial responsibility driver license restrictions as described in Sections 
77. 15, 77. 16 and 77. 17, Division I, 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 I 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 re- 
sponsibility 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 restric- 
tion^) 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 (Regis- 
ter 2006, No. 5). 

§ 77.10. Application for a Driver License Restriction. 

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 Ap- 
plication for Non-Commercial Restricted Driver License for Financial 
Responsibility Actions, form DL 691 (REV. 6/2005), which is hereby in- 
corporated by reference. All applicants regardless of the restriction re- 
quested 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. 

To drive a motor vehicle (including vehicles registered in the appli- 
cant's name) to and from employment and during the course of employ- 
ment, 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. 



Page 43 



Register 2006, No. 5; 2-3-2006 



§ 77.16 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



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 (Regis- 
ter 2006, No. 5). 

§ 77.16. School Transportation Restriction. 

(a) To transport a minor dependent in the applicant' s immediate family 
to and/or from a primary or secondary educational institution (Kinder- 
garten through Twelfth grade), the applicant shall submit the Application 
for Non-Commercial Restricted Driver License for Financial Responsi- 
bility Actions, form DL 69 1 (REV. 6/2005), with Part B completed. 

(b) For the purposes of this section a "minor dependent in the immedi- 
ate family" is defined as any person enrolled in a primary or secondary 
educational institution who either resides within the household of the ap- 
plicant 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. 

(a) To drive to and from medical and/or mental health treatments for 
the suspended driver and/or an immediate family member of the sus- 
pended driver, the applicant shall submit the Application for Non-Com- 
mercial 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 sec- 
tion 16077 and Evidence Code section 101 0, a "practitioner" shall be de- 
fined 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 1 651 , Vehicle Code. Reference: Section 1010, Ev- 
idence 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 (incorpo- 
rated by reference) filed 1-30-2006; operative 3-1-2006 (Register 2006, No. 
5). 

CERTIFICATES OF SELF-INSURANCE 

§ 80.00. Definitions. 

As used in this article, the following definitions shall apply: 

(a) A "financial statement" shall include, but not be limited to, the doc- 
uments commonly known as balance sheets, profit and loss statements, 
explanatory notes or other documents which allow the department to de- 
termine 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 regula- 
tion, 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 re- 
sponsibility 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). 

§ 80.25. Requirements. 

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 ap- 
plicant's net worth as defined in Section 80.00, Division 1, Chapter l,of 
Title 13, of the California Code of Regulations. Included with the finan- 
cial statements shall be an opinion of the financial condition of the appli- 
cant 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 1 3, 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). 

§ 80.50. Initial Application. 

(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-In- 
surance, 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 evi- 
dence 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 Regula- 
tions (Register 93, No. 30). 

2. Repealer and new section filed 6-26-2001; operative 7-26-2001 (Register 
2001, No. 26). 

§ 80.55. Financial Statement. 

(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 appli- 
cant 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 state- 
ment covering the period the applicant has been in existence. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 16053, 
Vehicle Code. 



Page 4.4 



Register 2006, No. 5; 2-3-2006 



Title 13 



Department of Motor Vehicles 



§ 80.70 



History 

1 . Change without regulatory effect renumbering former section 1 00.55 to section 
80.55 filed 7-19-93 pursuant to title 1 , section 1 00, California Code of Regula- 
tions (Register 93, No. 30). 

2. Amendment of section and new NOTE filed 6-26-2001; operative 7-26-2001 
(Register 2001, No. 26). 

§ 80.60. Net Worth. 

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 1 00.60 to section 
80.60 filed 7- 1 9-93 pursuant to title 1 , section 1 00, California Code of Regula- 
tions (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. 

The department shall require a statement of claims and losses during 
the preceding three year period, a history of insolvency proceedings, ac- 
cident and civil judgment history, claim reserves, and any relevant addi- 



tional information necessary to determine the initial and continuing abil- 
ity 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 Regula- 
tions (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. 

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 applica- 
tion, the department may require the applicant to submit an updated fi- 
nancial 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 1 00.70 to section 
80.70 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regula- 
tions (Register 93, No. 30). 

2. Amendment of section and new Note filed 6-26-2001; operative 7-26-2001 
(Register 2001, No. 26). 



[The next page is 5.] 



Page 4.5 



Register 2006, No. 5; 2-3-2006 



Title 13 



Department of Motor Vehicles 



§ 82.00 



§ 80.75. Renewal Requirements. 

(a) The holder of a Certificate of Self-Insurance, form SR27 (REV. 
10/99) shall submit to the department within twelve months after is- 
suance of the certificate and at twelve month intervals thereafter, a com- 
pleted 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 hold- 
er of the certificate rendered by an independent certified public accoun- 
tant. 

(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 ap- 
plication 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 Regula- 
tions (Register 93, No. 30). 

2. Amendment of section heading and section and new Note filed 6-26-2001 ; op- 
erative 7-26-2001 (Register 2001, No. 26). 

§ 80.80. Confidentiality. 

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 1 00, California Code of Regula- 
tions (Register 93, No. 30). 

2. Repealer of section and new NOTE filed 8-22-96; operative 9-21-96 (Register 
96, No. 34). 

§ 80.85. Formal Hearing. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 14100 
and 16053(b), Vehicle Code. 



History 

1 . Chanse without regulatory effect renumbering former section 1 00.85 to section 
80.85" filed 7-1 9-93 pursuant to title 1, section 100, California Code of Regula- 
tions (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. 

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 1 00.90 to section 
80.90~filed 7-19-93 pursuant to title 1, section 100, California Code of Regula- 
tions (Register 93, No. 30). 

2. Amendment of section and Note filed 6-26-2001 ; operative 7-26-2001 (Reg- 
ister 2001, No. 26). 

§ 82.00. Uniform Insurance Card. 

Every insurance company licensed to offer private passenger liability 
policies as described in Section 660(a) and (b) of the Insurance Code, ex- 
cept as provided in Vehicle Code section 4000.37, shall issue to each 
policy holder, for each vehicle covered by private passenger liability in- 
surance, a California Evidence of Liability Insurance Document (REG 
890A (Rev 5/97)). 

(a) Form Layout. The information must appear on the California Evi- 
dence of Liability Insurance Document (REG 890A (Rev 5/97) as it ap- 
pears in the following sample: 



REG 890A (REV. 5/97) 



CALIFORNIA EVIDENCE OF LIABILITY INSURANCE 

DO NOT FOLD OR STAPLE — SUBMIT ORIGINAL TO DMV 



This insurance complies with CVC § 16056 or § 16500.5 



SIGNATURE OF INSURANCE REPRESENTATIVE 



VEHICLE IDENTIFICATION NUMBER (VIN) 



POLICY NUMBER 



STREET ADDRESS 



POLICY EFFECTIVE DATE 



POLICY EXPIRATION DATE 



VEHICLE MAKE YEAR MODEL 



INSURANCE COMPANY NAME 



ZIP CODE NAIC NUMBER 



(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 ve- 
hicle 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 

(1 1 ) The five-digit National Association of Insurance Commissioners 
(NAIC) Number issued for the insurance company. 



Page 5 



Register 2006, No. 26; 6-30-2006 



§ 85.00 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



(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. (90gm2)OCR 
White Bond, and Laser Compatible. The paper shall be compliant with 
the American National Standard (ANSI) X3. 96-1 983, for Information 
systems — Continuous Business Forms (Single Part) — Paper Sizes. 

(d) Document Size. The document shall be 3.5 inches tall and 8.5 in- 
ches 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 centi- 
meters from the right edge; and 2 centimeters from the left edge 

(3) The OCR scan line shall contain the following information, in or- 
der: 

(A) A two-position mail extraction code of 'FR'. 

(B) A five-position National Association of Insurance Commission- 
ers 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 posi- 
tions 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 identifi- 
cation 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). 

§ 85.00. Definitions. 

(a) Satisfactory evidence of financial responsibility as used in this Ar- 
ticle shall mean private passenger automobile liability policies and cov- 
erages, 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 Sec- 
tion 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: Sec- 
tions 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. 

(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 sat- 
isfactory evidence of financial responsibility to be received by the de- 



partment or its agent within thirty (30) days from the date of the notifica- 
tion or a suspension takes effect. 

(b) When an insurance company informs the department that the re- 
quired vehicle insurance policy or coverage is canceled, a written notifi- 
cation shall be sent to the registered owner(s) requiring satisfactory evi- 
dence 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 suspen- 
sion takes effect. 

(c) When evidence of financial responsibility has not been provided 
to the department within thirty (30) days after issuance of original regis- 
tration or transfer of registration, a written notification shall be sent to the 
registered owner(s) requiring satisfactory evidence of financial responsi- 
bility 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: Sec- 
tions 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. 

(a) Under the alternative procedure authorized under Vehicle Code 
section 16058(e)(2), the department shall accept the following docu- 
ments 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 sec- 
tions 4000.37 or 16054.2(b) that indicates coverage issued by a charita- 
ble 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 autho- 
rized to do business in California. 

(b) Registration accepted under the alternative procedure shall be sub- 
ject to verification by the department or its agent. 

NOTE: Authority cited: Sections 1651 and 16058, Vehicle Code. Reference: Sec- 
tions 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. 

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. 

(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) X12.81 1 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 li- 
bility insurance policies and coverages, or private passenger automobile 
policies and coverages issued by an automobile assigned risk plan. 



Page 6 



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Title 13 



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§ 100.11 



(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 pas- 
senger 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: Sec- 
tions 4000.38 and 16058, Vehicle Code. 

History 
]. New section filed 6-30-2006; operative 7-30-2006 (Register 2006, No. 26). 

§ 100. Federal Standards and Requirements. 

NOTE: Authority cited: Section 3100, Vehicle Code. Reference: Sections 12804.1 
and 12804.3, Vehicle Code; and Title 49, United Stales Code, Section 1811. 

History 

1 . New section filed 9-1 5-87; operative 1 0-1 5-87 (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 

§ 1 00.01 . Reexaminations Pursuant to Vehicle Code 
Section 13801. 

(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 de- 
partment. 

(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 departmen- 
tal 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: 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: 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). 



§ 1 00.04. Exceptions to the Certificate Program. 

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: Authority cited: Section 3100, Vehicle Code. Reference: Sections 3100, 
12804.1. 12804.3. 12805, 12807, 12809, 12810.5 and 13950 through 14112, Ve- 
hicle Code. 

History 

1 . New section filed 9-1 5-87; operative 10-1 5-87 (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). 

§ 1 00.06. Employer Certification of Training for Hazardous 
Waste, Hazardous Materials, or Bulk Liquid 
Loads. 

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 1 0-1 5-87 (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: 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 397.1 1-397.19. 

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: 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 1 00.08 to section 
25.08 filed 7-19-93 pursuant to title 1 . section 100, California Code of Regula- 
tions (Register 93, No. 30). 

§ 100.09. Employers Qualifying for Certification for Class 1 
and/or Class 2 Operation and Special 
Certificate Approval. 

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: 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 1 00. 1 to section 
25. 1 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regula- 
tions (Register 93, No. 30). 

4. Editorial correction of Note (Register 97, No. 30). 

§ 1 00.1 1 . Implementation. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 12804, 
Vehicle Code. 

History 

1 . Change without regulatory effect renumbering former section 1 00. 1 1 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). 



Page 6.1 



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§ 100.12 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



3. Change without regulatory effect amending subsection (b) filed 6-5-91 pur- 
suant to section 100, title 1, California Code of Regulations (Register 91. No. 
38). 

4. Change without regulatory effect renumbering former section 100.1 1 to section 
25.11 filed 7-19-93 pursuant to title!, section 100. California Code of Regula- 
tions (Register 93, No. 30). 

MEDICAL REQUIREMENTS FOR DRIVERS 

§ 100.12. Revocation of Medical Certificates Approved by 
the Department of Motor Vehicles. 

NOTE: Authority cited: Section 1 651, 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 (Reg- 
ister 76, No. 13). 

3. Repealer filed 5-2 1-81 ; effective thirtieth day thereafter (Register 81, No. 21). 
§100.13. Hearings. 

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: Authority cited: Section 1 65 1 , Vehicle Code. Reference: Section 12804(a), 
Vehicle Code. 

History 

1 . Change without regulatory effect renumbering section 1 00. 10 to section 1 00. 18 
(Register 87, No. 38). For prior history, see Register 82, No. 33. 

2. Change without regulatory effect renumbering former section 100.1 8 to section 

28.18 filed 7-19-93 pursuant to title 1, section 100, California Code of Regula- 
tions (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 

1 . Change without regulatory effect renumbering section 1 00. 1 1 to section 1 00. 1 9 
(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 7-1 9-93 pursuant to title 1 , section 1 00, California Code of Regula- 
tions (Register 93, No. 30). 

§ 100.20. Policy or Bond Not in Effect at Time of Accident; 
Notice by Insurance Company or Surety 
Company. 

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 (Reeister 85, No. 
16). 

4. Change without regulatory effect renumbering former section 1 00.20 to section 
75.1 defiled 7-19-93 pursuant to title I , section 100. California Code of Regula- 
tions (Register 93, No. 30). 

§ 100.25. Certificates — Submit in Duplicate. 

History 
1 . Repealer filed 1 0-4-77; effective thirtieth day thereafter (Register 77, No. 41 ). 

STUDENT LICENSES 

§100.30. Forms. 

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 8 1 , No. 21). 

§ 1 00.31 . Possession of Student Licenses. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 12652, 
Vehicle Code. 

History 

1 . Repealer filed 5-21-8 1 ; effective thirtieth day thereafter (Register 8 1 , No. 2 1 ). 

§100.40. Forms. 

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 Regula- 
tions (Register 93, No. 30). 

§ 100.45. Minimum Instruction Requirements Acceptable 
to the Department. 

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 1 00.45 to section 
50.45 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regula- 
tions (Register 93, No. 30). 

§ 100.50. Application Form. 

History 

1. New section filed 6-15-78 as an emergency; designated effective 7-1-78 (Reg- 
ister 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 Regula- 
tions (Register 93, No. 30). 

§100.55. Financial Statement. 

History 

1 . New section filed 6-1 5-78 as an emergency; designated effective 7-1-78 (Reg- 
ister 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 Regula- 
tions (Register 93, No. 30). 



[The next page is 7.] 



Page 6.2 



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Title 13 



Department of Motor Vehicles 



§ 101.20 



§100.60. Net Worth. 

History 

1 . New section filed 6-1 5-78 as an emergency; designated effective 7-1-78 (Reg- 
ister 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 7-19-9?pursuant to title 1 , section 100, California Code of Regula- 
tions (Register 93, No. 30). 

§ 100.65. Additional Information. 

History 

1 . New section filed 6-1 5-78 as an emergency; designated effective 7-1-78 (Reg- 
ister 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 7-1 9-93 pursuant to title 1, section 1 00, California Code of Regula- 
tions (Register 93, No. 30). 

§ 100.70. Updated Financial Statement. 

History 

1 . New section filed 6-15-78 as an emergency; designated effective 7-1 -78 (Reg- 
ister 78, No. 24). 

2. Certificate of Compliance filed 9-15-78 (Register 78, No. 37). 

3. Change without regulatory effect renumbering former section 1 00.70 to section 
80.70 filed 7-19-93 pursuant to title 1, section 100, California Code of Regula- 
tions (Register 93, No. 30). 

§ 100.75. Annual Financial Statements. 

History 

1. New section filed 6-15-78 as an emergency; designated effective 7-1-78 (Reg- 
ister 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 1 00, California Code of Regula- 
tions (Register 93, No. 30). 

§100.80. Confidentiality. 

History 

1 . New section filed 6-1 5-78 as an emergency; designated effective 7-1-78 (Reg- 
ister 78, No. 24). 

2. Certificate of Compliance filed 9-15-78 (Register 78, No. 37). 

3. Change without regulatory effect renumbering former section 1 00.80 to section 
80.80 filed 7-19-93 pursuant to title 1, section 100, California Code of Regula- 
tions (Register 93, No. 30). 

§100.85. Formal Hearing. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 14100 
and 16053(b), Vehicle Code. 

History 

1 . New section filed 6-1 5-78 as an emergency; designated effective 7-1-78 (Reg- 
ister 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 Regula- 
tions (Register 93, No. 30). 

§ 1 00.90. Grounds for Cancellation. 

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 (Reg- 
ister 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 1 00.90 to section 
80.90 filed 7-19-93 pursuant to title 1, section 100, California Code of Regula- 
tions (Register 93, No. 30). 

§ 1 00.91 . Certification of Ignition Interlock Device. 

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 for- 
mer 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: 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 ; op- 
erative 7-22-2001 (Register 2001, No. 25). 

§ 1 00.93. Modification of Certified Device. 

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 ; op- 
erative 7-22-2001 (Register 2001, No. 25). 

§ 100.94. Referral to an Authorized Installer. 

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; op- 
erative 7-22-2001 (Register 2001, No. 25). 

§ 100.95. Facilities and Records. 

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; op- 
erative 7-22-2001 (Register 2001, No. 25). 

§101.05. Business Hours. 

NOTE: Authority cited: Sections 1651 and 1 1202(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 .05-1 01 .50, not consecutive) filed 2-22-85 as an 
emergency; effective upon filing (Register 85, No. 10). A Certificate of Com- 
pliance 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 1 1 349.6 (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 Com- 
pliance 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 7-1 9-93 pursuant to title 1 , section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 1 01 .1 0. Authorized Signatures. 

NOTE: Authority cited: Sections 1651 and 1 1202(a)(3), Vehicle Code. Reference: 
Section 11213, Vehicle Code. 

History 
1 . Change without regulatory effect renumbering former section 101 .10 to section 
345.1 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 101.15. Curriculum Content. 

NOTE: Authority cited: Sections 1651, 11202(a)(3) and 11219, Vehicle Code. 
Reference: Section 1 1202, Vehicle Code. 

History 

1 . Change without regulatory effect renumbering former section 1 01 . 1 5 to section 
345.15 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 1 01 .20. Course Structure. 

NOTE: Authority cited: Sections 1651, 11202(a)(3) and 11219, Vehicle Code. 

Reference: Section 1 1202, 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 Regu- 
lations (Register 93, No. 30). 



Page 7 



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§ 101.25 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



§101.25. Instructors. 

NOTE: Authority cited: Sections 1651, J 1202(a)(3) and 11219, Vehicle Code. 

Reference: Section 11207(c)(2). Vehicle Code. 

History 

1 . Change without regulatory effect renumbering former section 1 1 .25 to section 
345.25 filed 7—19—93 pursuant to title 1. section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 1 01 .30. Fingerprinting of Applicants. 

NOTE: Authority cited: Sections 1651 and 1 1202(a)(3), Vehicle Code. Reference: 

Sections 1 1202(a)(1) and 1 1206(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 Regu- 
lations (Register 93, No. 30). 

§101.35. Completion Certificates. 

NOTE: Authority cited: Sections 1651 and 1 1202(a)(3), Vehicle Code. Reference: 

Section 11208(c), Vehicle Code. 

History 

1 . Change without regulatory effect renumbering former section 1 01 .35 to section 
345.35 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 101.40. Lost or Stolen Completion Certificates. 

NOTE: Authority cited: Sections 1651 and 11202(a)(3), Vehicle Code. Reference: 

Section 1 1208(c), Vehicle Code. 

History 

1 . Change without regulatory effect renumbering former section 1 01 .40 to section 
345.40 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 101.45. Alcoholic Beverage on School Premises. 

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 Regu- 
lations (Register 93, No. 30). 

§ 1 01 .50. Separate Telephone Numbers. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 
1 1202(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 Regu- 
lations (Register 93, No. 30). 

LAPSES OF CONSCIOUSNESS 

§ 1 1 0.01 . Factors Considered in Lapse of Consciousness 
Determinations. 

The department may suspend or revoke the driving privilege of any in- 
dividual 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 Cali- 
fornia 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 abil- 
ity to drive safely. 

(c) Testimony from other individuals who have knowledge of the indi- 
vidual'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 pre- 
scribed medical regimen. 

(f) Other medical conditions which may affect the lapse of conscious- 
ness 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 indi- 
vidual's physician, as authorized by the individual, which provides infor- 
mation 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). 

§ 1 1 0.02. Department Actions. 

If the department determines that an individual has a disorder charac- 
terized 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 evalua- 
tion of competent medical evidence and all relevant factors that the indi- 
vidual 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 individu- 
al's condition to ensure that the individual continues to be capable of 
driving safely. An individual placed on medical probation shall be re- 
quired to: 

(1) Authorize his/her physician to provide the department with medi- 
cal evaluations on a regular basis, the frequency of which shall be deter- 
mined 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 privi- 
lege 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(0, 
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). 

§ 1 1 0.04. Disciplinary Guidelines. 

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 fac- 
tors, 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 En- 
dorsements (Rev. 2/99). 

(d) Guidelines for Actions Against the Driving Privilege Based On 
Physical and Mental Conditions (Rev. 2/99) 

(e) Guidelines for Actions Against the Driving Privilege Based On Fi- 
nancial Responsibility (Rev. 1/03). 



Page 8 



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Title 13 



Department of Motor Vehicles 



§ 115.03 



• 



(f) Guidelines for Actions Against the Driving Privilege Based On 
Fraud (Rev. 2/99). 

NOTE: Authority cited: Section 1651, Vehicle Code; and Section 1 1400.20, Gov- 
ernment 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; 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 Adminis- 
trative Procedure Act and from review by the Office of Administrative Law pur- 
suant to Government Code sections 1 1400.20 and 1 1400.21 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 orreadopt interim regu- 
lations and has submitted permanent regulations for review by the Office of Ad- 
ministrative Law, but permanent regulations have not been filed with the Secre- 
tary of State. Pursuant to Government Code section 1 1400.20(b)(2), the interim 
regulations are extended until the date permanent regulations are filed with the 
Secretary of State or March 31,1 999, whichever is earlier (Register 98, No. 51 ). 

3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Govern- 
ment Code section 1 1343.4(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 amend- 
ment 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). 

§115.01. Applicability. 

Sections 1 15.01 through 1 15.10 of this article are applicable to hear- 
ings conducted before the department pursuant to Article 3 (commencing 
with Section 14100) ofChapter 3 ofDivision 6, and Chapter 1 of Division 
7 of the Vehicle Code. 

NOTE: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Gov- 
ernment 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, 141 12, 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 Adminis- 
trative Procedure Act and from review by the Office of Administrative Law pur- 
suant to Government Code sections 1 1400.20 and 1 1400.21 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 regu- 
lations and has submitted permanent regulations for review by the Office of Ad- 
ministrative Law, but permanent regulations have not been filed with the Secre- 
tary of State. Pursuant to Government Code section 1 1400.20(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 Govern- 
ment Code section 1 1343.4(d) (Register 99, No. 14). 

4. Amendment filed 7-25-2001; operative 8-24-2001 (Register 2001, No. 30). 

§ 1 1 5.02. Public Observation. 

(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 hear- 
ing 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 tele- 
phone: 

(1 ) Except as otherwise provided by law, the hearing shall be open to 
public observation, provided a written request to observe a hearing is re- 
ceived 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 deter- 
mined by the department that the public interest would be served by 
granting that request. 

NOTE: Authority cited: Section 1651, Vehicle Code; and Section 1 1400.20, Gov- 
ernment Code. Reference: Sections 1808, 1808.5. 16070 and 16075, and Article 
3 (commencing with Section 141 00) of Chapter 3 of Division 6, Vehicle Code; and 
Sections 1 1425.10 and 1 1425.20, 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 Adminis- 
trative Procedure Act and from review by the Office of Administrative Law pur- 
suant to Government Code sections 1 1400.20 and 1 1400.21 and will expire on 
December 31,1 998 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 regu- 
lations and has submitted permanent regulations for review by the Office of Ad- 
ministrative Law, but permanent regulations have not been filed with the Secre- 
tary of State. Pursuant to Government Code section 1 1400.20(b)(2), the interim 
regulations are extended until the date permanent regulations are filed with the 
Secretary of State or March 31,1 999. whichever is earlier (Register 98, No. 5 1 ). 

4. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Govern- 
ment Code section 1 1343.4(d) (Register 99, No. 14). 

§ 1 1 5.03. Interpreters and Accommodation. 

(a) In addition to the notice required by Government Code section 
1 1435.60, the department shall notify each party of the right to an inter- 
preter 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 no- 
tice 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 per- 
form 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 En- 
glish 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 accom- 
modation. 

(2) In any hearing where a party, a party's representative, or a party's 
expected witness is hearing impaired and requires electronic amplifica- 
tion equipment, that party shall be responsible for notifying the depart- 
ment as soon as the requirement is known. 

NOTE: Authority cited: Section 1651 , Vehicle Code; and Section 1 1400.20, Gov- 
ernment Code. Reference: Sections 14100(d), 16070 and 16075, Vehicle Code; 
and Sections 1 1435.15, 1 1435.20 and 1 1435.60, Government Code. 

History 

1 . New section filed 6-3-97; operative 6-3-97 (Regisier97, No. 23). This interim 
regulation is exempt from most of the procedural requirements of the Adminis- 
trative Procedure Act and from review by the Office of Administrative Law pur- 
suant to Government Code sections 11400.20 and 11400.21 and will expire on 



Page 8.1 



Register 2004, No. 20; 5-14-2004 



§ 115.04 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



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 regu- 
lations and has submitted permanent regulations for review by the Office of Ad- 
ministrative Law, but permanent regulations have not been filed with the Secre- 
tary of State. Pursuant to Government Code section 1 1400.20(b)(2), the interim 
regulations are extended until the date permanent regulations are filed with the 
Secretary of State or March 31.1 999, whichever is earlier (Register 98, No. 5 1 ). 

4. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Govern- 
ment Code section 1 1343.4(d) (Register 99, No. 14). 

§ 115.04. Hearing Requests. 

Notwithstanding the requirement of a written request for hearing un- 
der subdivision (a) of Section 1 1506 of Part J of Division 3 of Title 2 of 
the Government Code, a respondent may, with the approval of the depart- 
ment, request a hearing by telephone or in person. 
NOTE. Authority cited: Section 1 65 1 , Vehicle Code; and Section 1 1 400.20, Gov- 
ernment 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 1 1506, 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 Adminis- 
trative Procedure Act and from review by the Office of Administrative Law pur- 
suant to Government Code sections 1 1400.20 and 1 1400.21 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 regu- 
lations and has submitted permanent regulations for review by the Office of Ad- 
ministrative Law, but permanent regulations have not been filed with the Secre- 
tary of State. Pursuant to Government Code section 1 1 400.20(b)(2), the interim 
regulations are extended until the date permanent regulations are filed with the 
Secretary of State or March 31,1 999, whichever is earlier (Register.98, No. 5 1 ). 

3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Govern- 
ment Code section 1 1343.4(d) (Register 99, No. 14). 

§115.05. Discovery Requests. 

Notwithstanding the provisions of Section 11 507.6 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 de- 
partment, 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; howev- 
er, it shall not stay the action by the department. 

NOTE: Authority cited: Section 1651 , Vehicle Code; and Section 1 1400.20, Gov- 
ernment Code. Reference: Sections 16070 and 16075, and Articles 1-4 (com- 
mencing with Section 13800) of Chapter 3 of Division 6, Vehicle Code; and Sec- 
tions 1 1507.6 and 1 1507.7, 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 Adminis- 
trative Procedure Act and from review by the Office of Administrative Law pur- 
suant 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 regu- 
lations and has submitted permanent regulations for review by the Office of Ad- 
ministrative Law, but permanent regulations have not been filed with the Secre- 
tary of State. Pursuant to Government Code section 1 1400.20(b)(2), the interim 
regulations are extended until the date permanent regulations are filed with the 
Secretary of State or March 3 1 , 1 999, w hiche ver is earlier (Register 98, No . 5 1 ) . 

3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Govern- 
ment Code section 11343.4(d) (Register 99, No. 14). 

§ 1 1 5.06. Change of Venue. 

(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 ei- 
ther 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 pJace of the hearing shall not stay the 
action by the department. 

NOTE: Authority cited: Section 1651 , Vehicle Code; and Section 1 1400.20, Gov- 
ernment Code. Reference: Sections 13558(b), 14104 and 16075(e), Vehicle Code; 
and Section 1 1 508, 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 Adminis- 
trative Procedure Act and from review by the Office of Administrative Law pur- 
suant to Government Code sections 11 400.20 and 1 1400.21 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 regu- 
lations and has submitted permanent regulations for review by the Office of Ad- 
ministrative Law, but permanent regulations have not been filed with the Secre- 
tary of State. Pursuant to Government Code section 1 1400.20(b)(2), the interim 
regulations are extended until the date permanent regulations arefiled with the 
Secretary of State or March 31,1 999, whichever is earlier (Register 98, No. 5 1 ). 

3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Govern- 
ment Code section 1 1343.4(d) (Register 99, No. 14). 

§115.07. Telephone Hearings. 

(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 tele- 
phone, 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 depart- 
ment 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 1 1400.20, Gov- 
ernment Code. Reference: Sections 13558, 16070 and 1 6075, and Article 3 (com- 
mencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Sec- 
tion 1 1440.30, 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 Adminis- 
trative Procedure Act and from review by the Office of Administrative Law pur- 
suant to Government Code sections 11400.20 and 1 1400.21 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 regu- 
lations and has submitted permanent regulations for review by the Office of Ad- 
ministrative Law, but permanent regulations have not been filed with the Secre- 
tary of State. Pursuant to Government Code section 1 1400.20(b)(2), the interim 
regulations are extended until the date permanent regulations are filed with the 
Secretary of State or March 31,1 999, whichever is earlier (Register 98, No. 51). 

3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Govern- 
ment 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). 

§115.08. Motions. 

(a) Unless a motion, including a motion pursuant to Section 1 1450.30 
of the Government Code, for a protective order or a motion to quash relat- 
ing 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 de- 
partment 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. 



Page 8.2 



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Title 13 



Department of Motor Vehicles 



§ 118.00 



(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 1 1400.20, Gov- 
ernment 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 Adminis- 
trative Procedure Act and from review by the Office of Administrative Law pur- 
suant to Government Code sections 1 1400.20 and 1 1400.21 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 regu- 
lations and has submitted permanent regulations for review by the Office of Ad- 
ministrative Law, but permanent regulations have not been filed with the Secre- 
tary of State. Pursuant to Government Code section 1 1400.20(b)(2), the interim 
regulations are extended until the date permanent regulations are filed with the 
Secretary of State or March 31,1 999, whichever is earlier (Register 98, No. 5 1 ). 

3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Govern- 
ment Code section 1 1343.4(d) (Register 99, No. 14). 

§ 115.09. Hearing Officer Disqualification. 

(a) A hearing officer shall voluntarily disqualify himself or herself and 
withdraw from any case in which there are clear grounds for disqualifica- 
tion, including disqualification for bias, prejudice, or interest in the pro- 
ceeding by the assigned hearing officer. 

(b) It is not alone or in itself grounds for disqualification, without fur- 
ther 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. 

§ 1 1 5.1 0. Request for the Disqualification of a Hearing 
Officer. 

(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 inter- 
est 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 deter- 
mination 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 re- 
questing 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 evi- 
dence 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 determina- 
tion in response to a request for a hearing officer disqualification, shall 
not be the hearing officer who is the subject of the disqualification re- 
quest. 



NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 14104, 
14104.2 and 141 12, Vehicle Code. 

History 

1. New section filed 8-3-2000; operative 9-2-2000 (Register 2000, No. 31). 

§ 1 18.00. Restricted Driver License Based Upon a Critical 
Need to Drive — Persons Under 21 . 

(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 23 J 36, 
13388 and 13353.2. The applicant shall meet all other requirements for 
issuance of a driver license and have no history of disqualifying viola- 
tions 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 State- 
ment 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 alter- 
native transportation that can meet that need. 

(c) A person is eligible for a restricted driver license when, in the opin- 
ion of the department, sufficient proof of one or more of the following 
circumstances exists: 

(1) School or other transportation is not adequate for regular atten- 
dance 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 applica- 
tion 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 ad- 
ministration 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 ve- 
hicle 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 applica- 
tion and the certification signed under the penalty of perjury under the 
laws of the State of California. A separate Statement of Facts by Appli- 
cant shall be completed for each family member whose disability or ill- 
ness affects transportation needs. 

(3) Transportation facilities are inadequate and the operation of a ve- 
hicle 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 appli- 
cant shall complete the Statement of Facts by Applicant and provide re- 
quired additional information relating to transportation to and from 
work. The Statement of Facts by Employer shall be completed on the ap- 
plication 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 enter- 
prise from which a substantial amount of the family's income will be 
derived and without which income the family will be unable to obtain es- 
sentia] goods and services critical to their survival or welfare. The appli- 
cant 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 un- 
der the penalty of perjury under the laws of the State of California. 

(d) If public transportation is available within one mile of the appli- 
cant's home, but conditions exist which make walking to that transporta- 
tion unsafe, the applicant shall provide evidence to show the path is un- 
safe. 



Page 8.2(a) 



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§ 120.00 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



(e) If public transportation exists, but service between the applicant's 
home and medical office, school, place of employment, or family busi- 
ness 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 trans- 
portation service will not meet his or her needs. 

(f) Any application of an applicant under the age of 1 8 who is request- 
ing 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 
''1 have sole custody" in the signature space provide for the second par- 
ent. 

(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 licen- 
sure 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 certifica- 
tion requirements of the application process by complying with provi- 
sions of Chapter 2 of Division 9 of the Vehicle Code, beginning at Sec- 
tion 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 1 1-29-2006 (Register 2006, No. 44). 



Article 2.5. Driving Under the Influence 
Program 

§ 120.00. Purchase and Use of Notice of Completion 
Certificates. 

(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 partici- 
pants 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 pro- 
gram participant, any other DUI Program provider, person, or entity. 

(b) The department shall charge a fee of $3.00 per Notice of Comple- 
tion Certificate. 

(c) A DUI Program provider may purchase Notice of Completion Cer- 
tificates 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 Re- 
quest for DUI Program Forms, DL 101R (Rev. 04/2004), which shall be 
completed in full and shall contain the printed name and original signa- 
ture of the program director or any employee authorized by the program 
director to order completion certificates. The Request for DUI Program 
Forms, DL 101 R (Rev. 04/2004), is herein incorporated by reference. 

(A) A DUI Program Director may authorize only one employee per li- 
censed location to purchase or order DUI certificates and only two em- 
ployees 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 signa- 
ture, and the DUI Program Director's printed name and signature. The 
DUI Program Signatory Authority, DL 101S (Rev. 04/2004), is herein in- 
corporated by reference. 

(B) A DUI Program Director may delete the authorization of an em- 
ployee to purchase or order DUI certificates or to sign completed certifi- 
cates by submitting, a DL 101 S (Rev. 04/2004), which shall be com- 
pleted 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 Pro- 
gram Director. 

(C) The DL J01S 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 Pro- 
grams 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 Pro- 
gram Director, and mailed to the Department of Alcohol and Drug Pro- 
grams prior to requesting completion certificates at the new address. 

(d) The DUI Program provider shall maintain the pink copy of the No- 
tice 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 51 8A 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 5 1 8 A to the Department of Motor Vehicles' Forms and Ac- 
countable Items Section as evidence of receipt of the completion certifi- 
cates. 

(A) Until the department receives the white copy of the ADM 518A, 
the department will not authorize the acceptance of the completion certif- 
icates 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 un- 
der the ADM 518A, and those completion certificates will not be ac- 
cepted 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 autho- 
rized. 

(e) The department shall cancel any completion certificates for which 
the department received payment by check that is dishonored when pres- 
ented for payment. The DUI Program provider shall surrender the can- 
celed completion certificates to the department upon notification and de- 
mand for surrender. 

(f) The department shall replace in full books of fifty (50), without a 
charge, those completion certificates which are damaged during the man- 
ufacturing 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 rea- 
son for the replacement request, and a statement, signed under penalty of 
perjury under the laws of the State of California by the DUI program di- 
rector 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 indi- 
vidually as incomplete books in numerical sequence in the original book 



Page 8.2(b) 



Register 2008, No. 18; 5-2-2008 



Title 13 



Department of Motor Vehicles 



§ 120.01 



• 



• 



until they are destroyed pursuant to Section 9867 Subdivision (0 of Title 
9, California Code of Regulations. 

(g) When proof of completion of a DUI Program is required by the Ve- 
hicle Code, and the program participant completes all program require- 
ments, 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 par- 
ticipant the participant copy. The department will only accept the com- 
pleted original DMV copy from the program provider as acceptable 
proof of program completion. 

(1) DUI Program providers may submit completed certificates by ex- 
press 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 reg- 
ular 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 depart- 
ment to submit completion certificates via electronic medium may sub- 
mit completion certificates electronically to the department as autho- 
rized. 

(h) The Vehicle Code requirements for a person to give, provide, or 
submit proof of completion of a DUI Program satisfactory to the depart- 
ment, shall be satisfied by a program participant when he or she com- 
pletes all program requirements and signs the Notice of Completion Cer- 
tificate (DL 101) or the Participant's Certification of DUI Program 
Enrollment or Completion, DL 804 (REV 1/2003) WWW, and the com- 
pleted DL 101 is received by the department. 

(1) The DL 804 (REV 1/2003) WWW, shall be used only when the par- 
ticipant 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 Par- 
ticipant'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 Regula- 
tions, and shall be made available to the department immediately upon 
request. 

(3) If an electronic completion certificate is submitted from a DUI Pro- 
gram provider that the department has authorized to submit completion 
certificates electronically, the participant's original signature which at- 
tests 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 con- 
tain all the information requested on the completion certificates. Incom- 
plete or illegible certificates received by the department will be retained 
by the department and a DUI Program provider who submits an incom- 
plete 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 certifi- 
cates from those program providers that the department has authorized 
to submit completion certificates electronically. 

(k) The department will not accept completion certificates that are sub- 
mitted more than four years from the date they were issued by the pro- 
gram provider. 

NOTE: Authority cited: Sections 1651 and 13353.45, Vehicle Code. Reference: 
Sections 1801, 1801.1, 13352, 13352.1, 13352.4, 13352.5, 13353.4and 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 (Regis- 
ter 2004, No. 49). 

3. Amendment of subsection (a) and Note filed 4-28-2008; operative 5-28-2008 
(Register 2008, No. 18). 

§ 1 20.01 . Acquisition and Use of Proof of Enrollment 
Certificates. 

(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. Re- 
quests 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 Re- 
quest for DUI Program Forms, DL 10 1R (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 pro- 
gram 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 No- 
tice 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 Ac- 
countable Items Section as evidence of receipt of the enrollment certifi- 
cates. 

(A) Until the department receives the white copy of the ADM 5I8A, 
the department will not authorize the acceptance of the enrollment certif- 
icates issued under that individual ADM 518A. 

(B) If the department does not receive the copy of the signed ADM 
5 1 8A from the DUI Program provider within eight weeks of the shipping 
date, the department may cancel the enrollment certificates shipped un- 
der 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 sub- 
mit 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 par- 
ticipant 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 certifi- 
cates 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 certifi- 
cates by regular mail to: 

DEPARTMENT OF MOTOR VEHICLES 
MANDATORY ACTIONS UNIT 
P.O. BOX 942890 
SACRAMENTO, CA 94290-0001. 



Page 8.2(b)(1) 



Register 2008, No. 18; 5-2-2008 



§ 120.02 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



(3) DUI Program providers who have been authorized by the depart- 
ment 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 Pro- 
gram 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 con- 
tain all the information requested on the enrollment certificate. All in- 
complete 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 certifi- 
cates from those DUI Program providers that the department has autho- 
rized 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. 

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 en- 
rollment certificates to local police authorities and shall, in addition to re- 
taining 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 (Reg- 
ister 2008, No. 18). 

§120.04. Certificates Required for First Conviction of 

Driving Under the Influence. [Repealed] 

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 1 1-25-95 (Register 95, No. 43). 

2. Amendment of section and Note filed 12-2-2004; operative 1-1-2005 (Regis- 
ter 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. 

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. 

(a) A person applying for termination of a suspension or revocation 
pursuant to Section 13353.5 of the Vehicle Code shall complete an Ap- 
plication for Termination of Action Section 13353.5 California Vehicle 
Code, DL 4006 (Rev. 1 1/2003). The DL 4006 shall be completed to in- 
clude: 

(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 re- 
vocation 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 nonresi- 
dents; 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 resi- 
dency 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 ap- 
plication 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 1 3353.5 of the Vehicle Code are not eli- 
gible 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 docu- 
ments, if the department determines that the driver meets the require- 
ments of Section 13353.5 of the Vehicle Code, the suspension or revoca- 
tion 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 end- 
ing 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 7-1 1-95; 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. 

A driver whose suspension or revocation under Section 13352, 
13352. 1, or 13352.4 of the Vehicle Code was terminated pursuant to Sec- 
tion 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 1 3352, 1 3352.1 , or 1 3352.4 of the Vehicle Code, sub- 
mits a Notice of Completion Certificate (Form DL 101 (Rev. 1/2007)) to 



Page 8.2(b)(2) 



Register 2008, No. 18; 5-2-2008 



Title 13 



Department of Motor Vehicles 



§ 125.00 



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 7-1 1-95; 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). 

§ 124.95. Restriction Fee. 

Pursuant to Sections 13352, subdivisions (a)(3) through (a)(7), 
13352.1 and 13352.5 of the Vehicle Code, a $15 restriction fee is re- 
quired 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. Refer- 
ence: 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 (Reg- 
ister 2008, No. 1 8). 



Article 2.55. California Ignition Interlock 
Device Program 

§125.00. Definitions. 

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 set- 



[The next page is 8.2(c).] 



Page 8.2(b)(3) 



Register 2008, No. 18; 5-2-2008 



Title 13 



Department of Motor Vehicles 



§ 125.02 



point 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 de- 
vices as published by notice in the Federal Register, Vol. 57, No. 67, 
Tuesday, April 7, 1992, pages 1 1774-1 1787. 

(d) To "tamper" with an ignition interlock device, as used in Vehicle 
Code Section 23575, means an overt, conscious attempt to alter, physi- 
cally 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 de- 
vices. 

(f) An "authorized installer" is a designee of the manufacturer who is 
responsible for ensuring that the manufacturer's ignition interlock de- 
vices 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 igni- 
tion interlock device(s) related to a program participant. 

(h) "Electronic log" is a record of the vehicle use and interlock test re- 
sults 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 Fed- 
eral Register, Vol. 57, No. 67, Tuesday, April 7, 1992, pages 
11774-11787. 

(i) "Hardcopy" shall mean a legible, printed copy. 
NOTE: Authority cited: Sections 1651 and 23575, Vehicle Code. Reference: Sec- 
tion 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 1 1-28-2003 (Register 2003, No. 44). 

§ 125.02. Certification of Ignition Interlock Devices. 

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 depart- 
ment for certification of an ignition interlock device by submitting a com- 
pleted 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 De- 
vice (REV. 4/2000). The application form shall contain the following in- 
formation: 

(A) The name of the individual, partnership, or corporation which 
manufactures the device. 

(B) The name and model number of the device. 

(C) The business address and telephone number of the manufacturer. 

(D) The business name under which the device will be marketed. 

(E) Information specific to the type of business entity. If a sole propri- 
etorship, the name and address of the sole owner. If a partnership, the 
partnership name, and the name and address of each general and limited 
partner. If a corporation, the California corporation number and the 



name, address and title of each principal officer, director, or stockholder 
participating in the direction, control, and management of the policy of 
the business. 

(F) A statement signed by the sole proprietor, each partner, or a corpo- 
rate officer authorized to sign for the corporation (the corporate seal may 
be affixed), under penalty of perjury under the laws of the state of Califor- 
nia, that all statements made on the application and all attachments to the 
application are true and correct. 

(2) A detailed description of the device, including a photograph, draw- 
ing, or other graphic depiction of the device. 

(3) Complete technical specifications describing the device's accura- 
cy, 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 in- 
clude any of the following, provided the laboratory is properly equipped 
and staffed to conduct laboratory tests on ignition interlock devices to en- 
sure 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 1 1774-11787: 

(A) a state-run laboratory 

(B) a private laboratory which can demonstrate its capability to carry 
out the required tests 

(C) a laboratory certified by a state department of Public Health to con- 
duct 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 re- 
quirements of Sections 1 and 2 of the model specifications for breath al- 
cohol 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 Laboratory Report shall 
include the name, address and telephone number of the testing laborato- 
ry; the name, model number, and description of the device tested. 

(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 in- 
stallers, including complete instructions for installation, operation, ser- 
vice, repair, and removal of the device. 

(8) A copy of the written instructions that will be provided to partici- 
pants 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 depart- 
ment 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, em- 
ployees and agents from all claims, demands, and actions, as a result of 
damage or injury to persons or property which may arise, directly or indi- 
rectly, out of any act or omission by the manufacturer relating to the 
installation, service, repair, use and removal of an ignition interlock de- 
vice. 

(1 1) A copy of the fee schedule or schedules adopted by a manufactur- 
er and manufacturer's authorized installer pursuant to subdivision (h) of 
Section 13386 of the Vehicle Code. The fee schedule shall include provi- 



Page 8.2(c) 



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§ 125.04 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



sions 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 en- 
sure 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 tele- 
phone number through which participants may be referred to the autho- 
rized 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 de- 
partment, 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 1 days of receipt of the application if the ap- 
plication 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 peri- 
ods specified may file an appeal with the Secretary of the Business, 
Transportation and Housing Agency in accordance with Chapter 6 of Di- 
vision 3 of Title 21 of the California Code of Regulations. If the Secretary 
finds that the department failed to provide the notification required with- 
in the time period specified without good cause, the department shall re- 
imburse 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)(l 1) and (a)(12), new subsection (a)(13) 
and subsection renumbering filed 10-29-2003; operative 11-28-2003 (Regis- 
ter 2003, No. 44). 

3. Amendment of subsections (a)(4) and (a)(ll) filed 9-18-2007; operative 
10-18-2007 (Register 2007, No. 38). 

§ 125.04. Modification of Certified Device. 

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 de- 
vice to satisfy the requirements of the minimum federal standards pur- 
suant 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. 

(a) A manufacturer of an ignition interlock device certified by the de- 
partment 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 manufactur- 
er 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 de- 
partment 90 days prior to its use. 

(f) If there are any changes to any information provided on the Ap- 
plication for Certification of Ignition Interlock Device form (DL 9) 
(REV. 4/2000). a manufacturer shall submit an updated application with- 
in 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 1 1-28-2003 (Register 2003, No. 44). 

§ 125.08. Refusal, Suspension or Revocation of Device 
Certification. 

(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 insur- 
ance. 

(3) The manufacturer ceases to manufacture ignition interlock de- 
vices. 

(4) Voluntary request by a manufacturer to cancel certification of a de- 
vice. 

(5) Violation of a provision of this article by a manufacturer or autho- 
rized 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 installa- 
tion 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 re- 
moval of any and all de-certified devices and the replacement with a cer- 
tified device regardless of the manufacturer of the device being substi- 
tuted. 

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 9-1 8-2007; operative 10-18-2007 (Reg- 
ister 2007, No. 38). 

§ 125.10. Referral to an Authorized Installer. 

(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 estab- 
lished 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). 



Page 8.2(d) 



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Title 13 



Department of Motor Vehicles 



§ 125.12 



2. Amendment of subsection (a) and repealer of subsections (b)-(c) filed 
10-29-2003; operative 1 1-28-2003 (Register 2003, No. 44). 

§ 125.12. Service and Maintenance of Ignition Interlock 
Devices. 

(a) A manufacturer shall ensure that an authorized installer has the 
training and skills necessary to install, troubleshoot, check for proper op- 
eration 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 
1/2007), 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 verifi- 
cation of installation form to the court. The installer shall provide verifi- 
cation of installation to the department and must submit an original Veri- 
fication of Installation, form DL 920 (REV 1/2007) or a copy of the 
court-authorized verification of installation form. 

(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 neces- 
sary. 

(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 ve- 
hicle. 

(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 in- 
staller shall include technical information, tow service, or road service. 
The device shall be made functional within 48 hours of the call for assis- 
tance, 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 moni- 
toring 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 oc- 
curred 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 summa- 
ry report that includes each incident the breath alcohol level was at or 
above the alcohol setpoint, any attempts to bypass or tamper with the de- 
vice and shall specify the corresponding device or participant file identi- 
fication 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 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 par- 
ticipant fails to keep the second appointment, and does not contact the in- 



staller 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 tele- 
phone, if possible. If the participant fails to keep the third appointment, 
the installer shall report the participant's non-compliance to the depart- 
ment on the Notice of Non-Compliance, form DL 921 (NEW 1 1/99), 
pursuant to Section 125. 1 8 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 proce- 
dure 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 re- 
placed. 

(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 evi- 
dence 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 cir- 
cumvent the device or of physical tampering to the appropriate court or 
the department within three working days. When reporting such evi- 
dence 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 
23575 of the Vehicle Code, the installer shall report non-compliance to 
the appropriate court or the department within three working days. 

(F) When reporting non-compliance to the court personnel, the install- 
er shall follow procedures and forms provided by the appropriate court 
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 fol- 
low 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 ser- 
vice by an authorized installer during the period the device is installed, 
without interruption, when an authorized installer is replaced with anoth- 
er affiliated authorized installer or replaced with another authorized in- 
staller affiliated with another manufacturer. 

(1) The manufacturer shall obtain all participant files from an autho- 
rized installer being replaced, and shall provide the participant files to the 
new installer. 

(2) The manufacturer shall ensure that each participant with an exist- 
ing, 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 ac- 
cessible, such devices shall be replaced by the manufacturer, at no cost 



Page 8.2(e) 



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§ 125.14 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



to the participant, with a device from another manufacturer's authorized 
installer located at a similar distance or less from the participant's resi- 
dence 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 manufactur- 
er is unable to notify participants 30 days prior to the change or replace- 
ment, 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 Inter- 
lock Notice of Removal form DL-922 (REV 1/2007) pursuant to 
§ 125.20. 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 Veri- 
fication of Installation form DL-920 (REV 1/2007) pursuant to sec- 
tion 1 25.1 6. To substantiate that no break in service has occurred, the de- 
partment copies of the Verification of Installation form DL-920 (REV 
1/2007) 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 ser- 
vice by an authorized installer during the period the device is installed, 
without interruption, when the participant elects to transfer to an affili- 
ated authorized installer or to another authorized installer affiliated with 
another manufacturer. 

(1) The participant's file shall be transferred pursuant to the proce- 
dures described in § 125.12(c)(1). 

(2) The device removal and installation shall be recorded and reported 
pursuant to the procedures described in § 125.12(c)(4). 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 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 1 1-28-2003 (Register 2003, No. 44). 

3. Amendment of subsection (a)(1)(A), new subsections (a)(l)(A)(i)-(ii), and 
amendment of subsections (b) and (c)(4) filed 9-18-2007; operative 
10-18-2007 (Register 2007, No. 38). 

§ 125.14. Installation Locations and Participant Files. 

(a) Authorized installer installation locations may include mobile 
units or satellite locations for the installation, calibration, servicing, mon- 
itoring 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 1 0-29-2003; 
operative 11-28-2003 (Register 2003, No. 44). 

§ 125.16. Verification of Installation. 

(a) Unless the participant is ordered by the court to install an Ignition 
Interlock Device, 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, form DL 920 (REV 1/2007) upon application 
for a restricted driver license pursuant to subdivisions (a)(3) through 
(a)(7) of Section 1 3352 of the Vehicle Code. This fee and form is in addi- 



tion to all other application requirements. The Verification of Installa- 
tion, form DL 920 (REV 1/2007), shall contain the following informa- 
tion: 

(1 ) The stamp of the manufacturer of the device. 

(2) The participant's name and driver license number. 

(3) The participant's mailing address, and residence address, if differ- 
ent from the mailing address. 

(4) The participant's birth date. 

(5) The participant's home and work telephone numbers. 

(6) The name of the manufacturer of the ignition interlock device 
installed. 

(7) The installation location name, Bureau of Automotive Repair num- 
ber, and address. 

(8) The date the device was installed. 

(9) The make, year, license plate number, and vehicle identification 
number of the vehicle in which the ignition interlock device was 
installed. 

(10) The installer's printed name and a statement signed and dated by 
the installer, under penalty of perjury under the laws of the State of 
California, that the information provided on the form is true and correct. 

(11) The installer's daytime telephone number. 

(b) If an Ignition Interlock Device is ordered by the court, the partici- 
pant shall submit an original Verification of Installation, form DL 920 
(REV 1/2007) or the court ordered verification of installation form to the 
department. 

(c) The Verification of Installation, Form DL 920 (REV 1/2007), may 
contain the date of the next monitor check. 

(d) A manufacturer shall account for each Verification of Installation, 
form DL 920 (REV 1/2007), issued to the manufacturer. If any unused 
forms become lost, stolen, or misplaced the manufacturer shall immedi- 
ately notify local law enforcement and provide written notification to the 
department. 

(e) Completed copies of the Verification of Installation, form DL 920 
(REV 1/2007), shall be distributed as follows: 

(1) The original completed Verification of Installation, form DL 920 
(REV 1/2007), 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 in- 
staller of the device to include in the participant's file, and the manufac- 
turer of the device or the manufacturer's agent, if applicable. 

NOTE: Authority cited: Sections 1651, 13352 and 13386, Vehicle Code. Refer- 
ence: 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 relet- 
tering, and amendment of newly designated subsections (d)-(d)(2) filed 
10-29-2003; operative 1 1-28-2003 (Register 2003, No. 44). 

3. Amendment of subsection (a), new subsection (b), subsection relettering and 
amendment of newly designated subsections (c)-(e)( 1 ) filed 9-1 8-2007 ; opera- 
tive 10-18-2007 (Register 2007, No. 38). 

§ 1 25.1 8. Notice of Non-Compliance. 

(a) An installer shall submit to the department within three working 
days a Notice of Non-Compliance, form DL 921 (NEW 11/99), 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 cal- 
ibration of the ignition interlock device, pursuant to subdivision (g) of 
Section 23575 of the Vehicle Code. The Notice of Non-Compliance 
form, DL 921 (NEW 1 1/99), shall contain the following information: 

(1) The participant's name and driver license number. 

(2) The participant's mailing address, and residence address, if differ- 
ent from the mailing address. 

(3) The participant's date of birth. 

(4) The participant's home and work telephone numbers. 

(5) The name of the manufacturer of the device. 



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(6) The installation location name, Bureau of Automotive Repair num- 
ber, and address. 

(7) The serial number of the device and the date the device was 
installed in the vehicle. 

(8) The make, year, license plate number, and vehicle identification 
number of the vehicle with the ignition interlock device. 

(9) Whether the installed device shows evidence of attempts to re- 
move, bypass or tamper with the device, and the corresponding date or 
dates. 

(10) Whether the participant failed three or more times to comply with 
the device maintenance or calibration requirements, and the correspond- 
ing dates of non-compliance. 

(1 1) The installer's printed name and a statement signed and dated by 
the installer, under penalty of perjury under the laws of the State of 
California, that the information provided on the form is true and correct. 

(12) The installer's daytime telephone number. 

(13) The date the form is sent to the department. 

(b) Completed copies of the Notice of Non-Compliance form, DL 92 1 
(NEW 1 1/99), shall be distributed as follows: 

(1) The installer shall submit the original completed Notice of Non- 
Compliance form, DL 921 (NEW 1 1/99), to the department. The installer 
may mail the form to the Department of Motor Vehicles Mandatory Ac- 
tions 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 in- 
staller to include in the participant's file, and the manufacturer of the de- 
vice or the manufacturer's agent, if applicable. 

NOTE: Authority cited: Sections 1651 and 23575, Vehicle Code. Reference: Sec- 
tions 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; opera- 
tive 1 1-28-2003 (Register 2003, No. 44). 

§125.20. Notice of Removal. 

(a) An installer shall submit to the department within three working 
days an Ignition Interlock Notice of Removal, form DL 922 (REV 
1/2007), when the installer removes an ignition interlock device, pur- 
suant to Section 125.12 of this article. The Ignition Interlock Notice of 
Removal, form DL 922 (REV 1/2007), shall contain the following in- 
formation: 

(1) The stamp of the manufacturer of the device. 

(2) The participant's name and driver license number. 

(3) The participant's mailing address, and residence address if differ- 
ent from mailing address. 

(4) The participant's birth date. 

(5) The participant's home and work telephone numbers. 

(6) The date the ignition interlock device was removed. 

(7) When an installer removes a device from a participant's vehicle 
and reinstalls the device into another vehicle operated by the same partic- 
ipant, the removal and reinstallation is to be recorded by completing Sec- 
tion II "Removal/Installation Information." 

(A) 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. 

(B) 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 installa- 
tion, and the date of the next monitor check. 

(8) The name of the manufacturer of the device removed. 

(9) The name, Bureau of Automotive Repair number, and address of 
the installation location that removed the device. 

(10) A certification signed and dated by the installer, under penalty of 
perjury under the laws of the State of California, that the information pro- 
vided on the form is true and correct. 



(1 1) The installer's printed name and daytime telephone number. 

(12) The date the form is sent to the department. 

(b) 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 de- 
partment. 

(c) 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 Remov- 
al, form DL 922 (REV 1/2007), to the department. The installer may mail 
the completed form to the Department of Motor Vehicles Mandatory Ac- 
tions 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 in- 
staller of the device to include in the participant's file, and the manufac- 
turer 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 1 1-28-2003 (Register 2003, No. 44). 

3. Amendment of subsections (a) and (b)-(c)(l) filed 9-18-2007; operative 
10-18-2007 (Register 2007, No. 38). 

§ 125.22. Notice to Employers Regarding an Ignition 
Interlock Restriction. 

(a) The department shall provide to any requesting participant a Notice 
to Employers, Ignition Interlock Restriction, form DL 923 (NEW 1 1/99). 

(b) The participant shall provide a Notice to Employers, Ignition Inter- 
lock Restriction, form DL 923 (NEW 1 1/99), to any employer who owns 
a vehicle that the participant must operate during the course of employ- 
ment, and keep a copy of the Notice to Employers Ignition Interlock Re- 
striction in his or her possession or with the vehicle operated. The Notice 
to Employers, Ignition Interlock Restriction, form DL 923 (NEW 1 1/99), 
allows the participant to operate the employer's vehicle without an igni- 
tion interlock device. The Notice to Employers, Ignition Interlock Re- 
striction form DL 923 (NEW 1 1/99), shall contain the following informa- 
tion: 

(1) The participant's name. 

(2) The employer's name. 

(3) The business name, telephone number, and address. 

(4) A certification signed and dated by the employer, under penalty of 
perjury under the laws of the State of California, that the employer has 
been notified by the employee pursuant to Section 23576 of the Vehicle 
Code. 

NOTE: Authority cited: Sections 1651 and 23576, Vehicle Code. Reference: Sec- 
tions 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 
(Register 2003, No. 44). 



Article 2.6. Reinstatement Fees 

§ 140.00. Reissue Fee. 

(a) Pursuant to Section 14904 of the Vehicle Code, a $42.00 driver li- 
cense 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, reis- 
suance 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 re- 
quired by the Vehicle Code, and shall be paid prior to the issuance, reis- 
suance or return of the driver license. 



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(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 re- 
quired 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: Sec- 
tions 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 8-1 1-97 and 
filed 8-15-97 (Register 97, No. 33). 

§ 146.00. Penalty Fee for Failure to Surrender Driver 
License. 

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 C California Code of Regulations (Register 2001, No. 2). 



Article 2.7. Certificates and Endorsements 

§147.00. House Car Endorsement. 

(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 submit- 
ting a Physician's Health Report, form DL 546 A (NEW 12/2001), upon 
application and every two years thereafter. The minimum medical re- 
quirement shall be the same as the requirements established for a re- 
stricted class A driver license in Title 1 3, 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 Physi- 
cian's Health Report, form DL 546A (NEW 12/2001), and shall be com- 
pleted 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 visu- 
al 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 re- 
lated 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, con- 
gestive heart failure, or other symptoms in the last three (3) years. 

(J) has been diagnosed with a respiratory condition, such as emphyse- 
ma, 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, muscu- 
lar, neuromuscular, or vascular disease, and if "yes", whether the condi- 
tion is likely to interfere with the applicant's ability to drive a motor ve- 
hicle 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 ap- 
plicant 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 
6-1 1-2003 (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. 

A motor vehicle engine or motor shall hereafter be defined as the prin- 
cipal 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 
1 50.0 1 and amendi ng article 3 heading filed 7- 1 9-93 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 (Reg- 
ister 2004, No. 36). 



Page 8.2(h) 



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§ 154.00 



§ 150.02. Decorative or Facsimile License Plate Size. 

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 is- 
sued 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 
] . New section filed 3-1 1-94; operative 4-1 1-94 (Register 94, No. 1 1 ). 

§ 150.04. Pickup Trucks. 

(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 pick- 
up. 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, Ve- 
hicle 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. 

For purposes of notifying the department of the sale or transfer of a ve- 
hicle as required in Vehicle Code Section 5900, the description of the ve- 
hicle shall consist of either the California license plate number or the ve- 
hicle identification number or both numbers. 

NOTE: Authority cited: Section 1 65 1 . Vehicle Code. Reference: Section 5900, Ve- 
hicle Code. 

History 

1. New section filed 12-27-2004; approved by operation of law 12-22-2004; op- 
erative 1-21-2005 (Register 2004, No. 53). 

§ 1 50.08. Truck Tractors with Living Quarters. 

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 commer- 
cial vehicles under Vehicle Code section 260 unless the living quarters 
permanently prevent the truck tractor from towing or drawing other ve- 
hicles. 

NOTE: Authority cited: Section 165 1 , Vehicle Code. Reference: Sections 260 and 
655, Vehicle Code; and California Career Schools v. Department of Motor Ve- 
hicles (2004) 120 Cal. App. 4th 10, 15 Cal. Rptr. 3d 813. 

History 
1. New section filed 7-1 1-2007; operative 8-10-2007 (Register 2007, No. 28). 

§ 1 51 .00. Refusal of Registration. 

(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 emis- 
sion system may be refused California registration. The new motor ve- 
hicle 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, im- 
ported, 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 deter- 
mine compliance with California Health and Safety Code sections 43 1 50 
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 out- 
side of California when the new motor vehicle was purchased, imported, 
delivered, rented, leased, acquired or received may be considered non- 
residents for purposes of this section. 

(b) The department may require additional documentation pursuant to 
California Vehicle Code section 4751 to substantiate the odometer read- 
ing, 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. 

(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 incorpo- 
rated 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 valua- 
tion 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 de- 
posit 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 bond as provided in 
Section 995.710 of the Code of Civil Procedure. 

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). 

§ 154.00. Commercial Vehicle Weight Decals. 

(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 require- 
ments that apply only to school buses), one (1) weight decal shall be af- 
fixed to each door on the right and left sides of the vehicle, or, if the ve- 
hicle has sliding doors, immediately in front of or behind each door. The 
decals may be affixed to plaques that are permanently attached to or adja- 
cent 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 ( 1 2) inches from the 
rear portion of the rear wheel well opening. Both decals shall be visible 
from fifty feet. 



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(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). 

§155.00. Definitions. 

As used in this article, the following definitions shall apply: 

(a) An uncovered total loss vehicle is a stolen vehicle that is not recov- 
ered 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 
165 1, Vehicle Code. Reference: Sections 43 1 , 1 1 5 1 5 and 1 1 5 1 5.2, 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 Regu- 
lations (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. 

(a) Prior to the submission of a vehicle license fee refund request for 
an unrecovered total loss vehicle, the following conditions shall be satis- 
fied: 

(1 ) The vehicle shall be registered in the name of the owner of the sal- 
vage 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 ve- 
hicle was reported to the police. 

(b) Prior to, or at the same time as, the vehicle license fee refund re- 
quest is submitted for a constructive total loss or nonrepairable vehicle, 
the requirements of section 11515 or 1 1515.2 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, Ve- 
hicle 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 Regu- 
lations (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. 

(a) The application for the refund of the remaining portion of the ve- 
hicle 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 (1 1/2003)] 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 in- 
cluded in the vehicle report of the department. 

(4) A certification signed by the applicant under penalty of perjury un- 
der 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 re- 
cord 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 ve- 
hicle license fee for a constructive total loss or nonrepairable vehicle 
shall be submitted to the department on an Application for Vehicle Li- 
cense Fee Refund. Part B, Constructive Total Loss or Nonrepairable Ve- 
hicle form, [REG 65 (1 1/2003)], and shall contain the following informa- 
tion: 

(1) The vehicle license plate number, vehicle identification number, 
year model, and vehicle make of the constructive total loss or nonrepair- 
able vehicle. 

(2) The month, day and year the constructive total loss or nonrepair- 
able 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 sub- 
division (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 depart- 
ment with the application. 

(B) Acceptable proof shall be defined as a court abstract form 
(DLJ06R), a magnetic tape court abstract, a letter from a court on court 
letterhead, a departmental phone slip signed or initialed by the depart- 
ment employee who initiated the telephone call, or departmental micro- 
film 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 own- 
ers) 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 un- 
der 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 Regu- 
lations (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 (Regis- 
ter 2004, No. 36). 

§ 155.05. Application for Salvage or Nonrepairable Vehicle 
Certificates. 

(a) In addition to the requirements specified in Section 11515 and 
1 1 5 1 5.2 of the Vehicle Code to obtain a salvage certificate for a construc- 
tive total loss vehicle, an Application for Salvage Certificate or Nonrep- 
airable Vehicle Certificate form [REG 488C (REV 10/2003)] shall be 
submitted to the department and shall contain the following: 



Page 8.20) 



Register 2007, No. 38; 9-21-2007 



Title 13 



Department of Motor Vehicles 



§ 156.00 



• 



• 



(1) The vehicle description, including the vehicle license number, 
make, year, vehicle identification number, the state of last known regis- 
tration, 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. 

(5) The date the vehicle was stolen. 

(6) The date the vehicle was recovered if stolen. 

(7) A statement signed and dated by the applicant or authorized agent 
to certify that the described vehicle is a total loss salvage, that a properly 
endorsed certificate of ownership document or documents are attached, 
and a request for a salvage certificate. 

(A) If the properly endorsed certificate of ownership or other appropri- 
ate evidence of ownership cannot be secured, a Statement of Facts form 
[REG. 256 (REV. 1/2003)] explaining why the title cannot be obtained 
must be submitted. 

(B) When a certificate of ownership or other evidence of ownership 
is not attached, then a surety bond pursuant to Section 41 57 of the Vehicle 
Code in the amount of the cost/value of the vehicle shall be required if 
the insurance payoff plus the salvage value is $5,000 or more. A surety 
bond is also required when settlement is made to the legal owner of a ve- 
hicle without the release of the registered owner unless repossession doc- 
umentation is attached. 

(8) The name and address 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) If applicable, the agent's name and occupational license number 
when the agent is licensed by the department. 

(b) In addition to the requirements specified in Section 1 1515.2 of the 
Vehicle Code to obtain a nonrepairable vehicle certificate for a vehicle, 
an Application for Salvage Certificate or Nonrepairable Vehicle Certifi- 
cate form [REG 488C (REV 10/2003)] shall be submitted to the depart- 
ment and shall contain the following: 

(1) The vehicle description, including the vehicle license number, 
make, year, vehicle identification number, the state of last known regis- 
tration, 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 certificate only. 

(4) The date the vehicle was wrecked or destroyed. 

(5) The date the vehicle was stolen. 

(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 complete burn, 
or declared nonrepairable by the owner. 

(8) A statement signed and dated by the applicant or authorized agent 
certifying that the described vehicle is a nonrepairable vehicle, that prop- 
erly endorsed ownership documents are attached, and requesting a non- 
repairable vehicle certificate to be issued. 

(9) The name and address 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 nor an agent. 

(11) If applicable, the agent's name and occupational license number 
when the agent is licensed by the department. 

(c) The License Plate Disposition Certification Section shall be com- 
pleted with original applications for salvage and nonrepairable vehicle 
certificates and shall contain the following: 

(I) An indication by the applicant certifying that the license plates as- 
signed to the vehicle either are being surrendered, have been lost, have 
been destroyed by an occupational licensee, or are special plates retained 
by the owner. 



(2) If the plates are surrendered, the applicant shall indicate the number 
of plates surrendered. 

(3) If the plates were destroyed by an occupational licensee, the oc- 
cupational license number shall be indicated. 

(d) A statement signed and dated by the applicant certifying under pen- 
alty of perjury under the laws of the State of California that the informa- 
tion provided on the application is true and correct. 
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 . New section filed 9-2-2004; operative 10-2-2004 (Register 2004, No. 36). 

§ 1 55.06. Surrender of License Plates. 

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 
1 55.06 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu- 
lations (Register 93, No. 30). 

2. Repealer filed 9-2-2004; operative 10-2-2004 (Register 2004, No. 36). 

§ 155.08. Vehicle License Fee Refund Calculations. 

(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 por- 
tion 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 1 1 5 1 5.2(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 1 1515.2, 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 Regu- 
lations (Register 93, No. 30). 

2. Amendment of section and Note filed 9-2-2004; operative 10-2-2004 (Regis- 
ter 2004, No. 36). 

§ 1 55.1 0. Repayment of the Refunded Vehicle License Fee. 

(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. 

(I) 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 1 1515.2, 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 Regu- 
lations (Register 93, No. 30). 

2. Amendment of section and Note filed 9-2-2004; operative 1 0-2-2004 (Regis- 
ter 2004, No. 36). 

§ 1 56.00. Clean Air Vehicle Stickers. 

(a) Applicants for Clean Air Vehicle Stickers shall complete an Ap- 
plication for Clean Air Vehicle Suckers [Form REG 1000 (REV. 
5/2007)] which is hereby incorporated by reference, and available at all 
field offices and on the Internet at www.dmv.ca.gov. 



Page 8.2(k) 



Register 2008, No. 25; 6-20-2008 



§ 156.01 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



(b) Only vehicles thai 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 
1 960. 1 , of the California Code of Regulations]; or hybrid vehicles or al- 
ternative fuel vehicles that meet California's advanced technology par- 
tial zero emission vehicle (ATPZEV) standards and have a 45 miles per 
gallon or greater fuel economy rating; or hybrid vehicles produced dur- 
ing the 2004 model year or earlier and have a 45 miles per gallon or great- 
er fuel economy highway rating, and meet California's ULEV. SULEV, 
or partial zero emission vehicle standards, as listed on the Air Resources 
Board (ARB)'s Internet website at www.arb.ca.gov/msprog/carpool/ 
carpooI.htm, are eligible for Clean Air Vehicle Stickers and must be pow- 
ered by one of the following: 

(1) Electric (E); 

(2) Liquid Petroleum Gas [LPG] (P); 

(3) Compressed Natural Gas [CNG] (N); 

(4) Hybrid [gasoline in combination with electric] Power (Q). 

(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 stickers 
may be issued. 

(1) Vehicles converted by means of "aftermarket" kits to 100% elec- 
tric power to meet the sticker qualification shall be referred to ARB's toll 
free telephone number to obtain an ARB certification before stickers 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 ve- 
hicle 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 en- 
ergy source. 

(e) If the application is incomplete or deficient, the department shall 
notify an applicant, in writing, within 30 days of receipt of the applica- 
tion. 

(1 ) An application is considered deficient when the applicable require- 
ments 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 applica- 
tion. 

(2) An application is considered complete when the applicable re- 
quirements of these regulations have been fulfilled. 

(A) When an application is determined to be complete, a set of stickers 
shall be issued. 

(f) An $8.00 application fee for each set of Clean Air Vehicle Stickers 
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 stickers 
shall be as follows: 

(1) For vehicles meeting ULEV, SULEV, or ZEV standards [as de- 
scribed in paragraph (b)], the stickers shall be of white material, issued 
to each vehicle in sets of three. The two larger stickers shall be affixed 
on each vehicle's rear quarter panels, one on each side of the vehicle, be- 



hind the wheel wells, with the State Seal in the up position. The smaller 
sticker in the set shall be affixed to the right side of the vehicle's rear bum- 
per, with the State Seal in the up position. 

(2) For vehicles meeting California's ATPZEV standards or hybrid 
vehicles [as described in paragraph (b)], the stickers shall be of yellow 
material, issued to each vehicle in sets of four, with placement as de- 
scribed in paragraph (g)( 1), except that the fourth sticker shall also be of 
the smaller size referenced in paragraph (g)(1) and shall be affixed to the 
right side of the vehicle's front bumper. 

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)(l), subsection 
relettering and amendment of newly desienated 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 1 000 
(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 1 0-23-2007 
pursuant to section 100, title 1, California Code of Regulations (Register 2007, 
No. 43). 

§ 1 56.01 . Clean Air Vehicle Stickers: Transfers and 
Replacements. 

(a) Clean Air Vehicle Stickers shall remain with the qualifying vehicle 
for which they were originally issued, regardless of changes in owner- 
ship. 

(b) A new Clean Air Vehicle certification document (i.e., "Clean Air 
Certificate," issued with each set of Clean Air Vehicle Stickers) shall be 
made available for subsequent (i.e., transfer) purchasers of qualifying ve- 
hicles to which Clean Air Vehicle stickers have been issued. The depart- 
ment shall issue a new Certificate which shall retain the vehicle descrip- 
tion while providing the new ownership information. 

(c) Clean Air Vehicle Stickers shall be made available for issuance in 
complete sets as replacements for Clean Air Vehicle Stickers that are 
damaged, destroyed, stolen or not received, provided that such replace- 
ment stickers are issued to the same vehicle to which Clean Air Vehicle 
Stickers were originally issued. 

(d) Applicants for replacement Clean Air Vehicle Stickers or a re- 
placement Clean Air Certificate shall complete an Application for Clean 
Air Vehicle Stickers [Form REG 1000 (Rev. 10/2007)] which is hereby 
incorporated by reference and made available to the public at all field of- 
fices 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 Stickers, form 
REG 1000, herein after referred to as "application," requesting replace- 
ment stickers shall contain a check mark in the box labeled "Replacement 
sticker" and a check mark in one of the boxes indicating the reason a re- 
placement is needed. 

(1) An acceptable application requesting replacement Clean Air Ve- 
hicle Stickers 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 stickers were reported. 

(2) An acceptable application requesting replacement Clean Air Ve- 
hicle Stickers which have been declared "lost", "not received", "dam- 
aged," or "destroyed," shall complete the vehicle information portion 
and Parts G and H of a Statement of Facts (Form REG 256 (Rev. 1/2007) 
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 stickers 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." 



• 



Page 8.2(1) 



Register 2008, No. 25; 6-20-2008 



Title 13 



Department of Motor Vehicles 



§ 159.00 



(0 Any and all remaining Clean Air Vehicle Stickers previously as- 
signed 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 stickers are affixed to 
the vehicle. 

(g) An $8.00 fee for each set of Clean Air Vehicle Sticker replace- 
ments and the completed application shall be mailed to: 

SPECIAL PROCESSING UNIT — MS A 238 
DEPARTMENT 01- MOTOR VEHICLES 
P.O. BOX 932345 
SACRAMENTO. CA 94232-3450 

or delivered to any department field office. There is no fee for an appli- 
cant 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 stickers 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). 

§157.00. Firefighting Vehicles. 

(a) A firefighting vehicle is defined as any vehicle that contains fire- 
fighting apparatus and equipment which is designed and intended pri- 
marily 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 re- 
sponse vehicles, dedicated rescue vehicles, command post communica- 
tions vehicles, passenger vehicles, buses, mobile kitchens, mobile sanita- 
tion 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. 

(a) Applicants for a Zero Emission Decal shall complete an Applica- 



tion for Zero Emission Parking Decal [Form REG 4048 (REV. 6/2003)], 
which is hereby incorporated by reference and available at all field of- 
fices and on the Internet at www.dmv.ca.gov . 

(b) The issuance of the decal will be limited to zero emission vehicles 
that use electricity as the motive power and require the use of recharging 
equipment. 

(I) A zero emission vehicle is defined as a car, truck, or any other ve- 
hicle that provides no tailpipe or evaporative emissions. 

(c) If the application is incomplete or deficient, the department shall 
notify an applicant, in writing, within 30 days of receipt of the applica- 
tion. 

( 1 ) An application is considered deficient when the applicable require- 
ments 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 applica- 
tion. 

(2) An application is considered complete when the applicable re- 
quirements of these regulations have been fulfilled. 

(A) When the application is determined to be complete, a decal shall 
be issued. 

(d) A completed application and a $17.00 fee for each Zero Emission 
Vehicle Decal shall be mailed to: 

SPECIAL PROCESSING UNIT — MS D238 
DEPARTMENT OF MOTOR VEHICLES 
PO BOX 932345 
SACRAMENTO, CA 94232-3450 

or delivered to any department field office. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 2251 1 
and 2251 1.1, Vehicle Code. 

History 
1. New section filed 10-10-2003; operative 1 1-9-2003 (Register 2003, No. 41). 

§159.00. Vehicle Classification. 

(a) After determining the cost price to the purchaser, the department 
shall classify or reclassify every vehicle, other than a trailer or semi-trail- 
er 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 sec- 
tion. 

(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 nine- 
ty-nine cents ($1 99.99); 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. 



[The next page is 8.3.] 



Page 8.2(m) 



Register 2008, No. 25; 6-20-2008 



Title 13 



Department of Motor Vehicles 



§ 170.00 



(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 1 1th 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 Jan- 
uary 1, 1966, which is required to be moved under permit as authorized 
in Section 35790 of the Vehicle Code, shall be determined by the sched- 
ule in Section 10753.3 of the Revenue and Taxation Code. 
NOTE: Authority cited: Section 1651, Vehicle Code; and Section 1 0752, 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. 

(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 per- 
son placard number. 

(2) The license number, vehicle make, and vehicle identification num- 
ber 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 carri- 
er, 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: Sec- 
tions 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. 

(a) Sponsors of special interest license plates shall establish an account 
in a federally insured financial institution for the deposit of the funds col- 
lected 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 indicat- 
ing: 

(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 (sequen- 
tiaVELP); 

(3) Total number of applications and total amount of fees collected to 
date. 

(c) Sponsors shall submit the required number of applications, as spe- 
cified in Vehicle Code Section 5060(d)( 1 ), for the initial issuance of spe- 
cial 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 sub- 
mitted to the department with the associated fees collected by the spon- 
soring 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 De- 
partment of Motor Vehicles; 

(3) The check shall be currently dated and signed by the person(s) des- 
ignated 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 speci- 
fied in Vehicle Code Section 5060(h). 

NOTE: Authority cited: Sections 1651 and 51 10(a), Vehicle Code. Reference: Sec- 
tion 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. 

(a) An application for special interest/environmental license plates, as 
defined in Sections 5060 and 5103 of the Vehicle Code, shall be sub- 
mitted in person or by mail to the department on a Special Interest Li- 
cense 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 depart- 
ment 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. 



Page 8.3 



Register 2007, No. 30; 7-27-2007 



§ 170.00 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 13 

(b) The application shall be accompanied by the applicable fee speci- (3) The mailing address of the person who will be the plate owner, 
fiedin Sections 4850, 5 106 and 5 108 of the Vehicle Code; thefeesched- (4) The name of the recipient, if the plates are a gift. 

ule is on the back of the form. (5) An indication of whether the license plates will be assigned to an 

(c) The application shall include the following information: auto, truck, trailer, or motorcycle, and the type of plate ordered. 

(1) An indication of whether the application is for original plates, for (6) The location of the department or auto club office where the special 
replacement plates or to reassign, hold or release current plates. interest/environmental license plates will be picked up or exchanged for 

(2) The purchaser's or plate owner's true full name. 



Page 8.4 Register 2007, No. 30; 7-27-2007 



Title 13 



Department of Motor Vehicles 



§ 170.08 



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 con- 
notations offensive to good taste and decency, or which would be mis- 
leading, based on criteria which includes, but is not limited to, the follow- 
ing: 

1. The configuration has a sexual connotation or is a term of lust or de- 
pravity. 

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, ob- 
scene, 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 de- 
scribed in subdivisions 1. through 6. above. 

(8) If the plate is reassigned, held for future use or relinquished, com- 
plete 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 pur- 
chaser 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 depart- 
mental error. 

(1) If the department erred when making the special interest/environ- 
mental license plate reservation, and the plate owner requests a change, 
the plate owner shall be permitted to submit a new special interest/envi- 
ronmental 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 and5109, 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. 

(a) If the applicant is the lessee of the vehicle to which the environmen- 
tal 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 re- 
quired 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 li- 
cense plates on the vehicle shall be required from the company. 
NOTE: Authority cited: Sections 165 1 and 5110, Vehicle Code. Reference: Sec- 
tions 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. 

(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 own- 
er. 

(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 as- 
signed 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 51 10. Vehicle Code. Reference: Sec- 
tions 5101, 5104 and 5105, Vehicle Code. 

History 
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39). 

§ 1 70.06. Surrender of Current Plates. 

(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 depart- 
ment 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 51 10, Vehicle Code. Reference: Sec- 
tions 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. 

(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 de- 
livered 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. 



Page 8.5 



Register 2005, No. 18; 5-6-2005 



§ 170.10 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



(A) If the owner does not respond within four months of the first con- 
tact 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: Sec- 
tions 5104 and 5105, Vehicle Code. 

History 

I. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39). 

§ 170.10. Retention of Environmental License Plates. 

(a) When payment of registration renewal fees is not required as speci- 
fied in Vehicle Code Section 4000 for a vehicle to which the environmen- 
tal 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 regis- 
tration year for which payment of registration renewal fees is not re- 
quired, the plate owner shall lose ownership and the letter/number con- 
figuration shall become available for reassignment. 
NOTE: Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Sec- 
tions 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. 

(a) Pursuant to Vehicle Code Section 5 105, the department shall can- 
cel and order the return of any environmental license plate previously is- 
sued 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 speci- 
fied in Section 170.00(c)(3)(D). 

(b) The department shall notify the plate owner in writing of the can- 
cellation 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 notifica- 
tion. 

NOTE: Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Sec- 
tion 5105, Vehicle Code. 

History 
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39). 

FORMER PRISONER OF WAR PLATES 

§ 1 71 .00. Requirements for Former Prisoner of War 
License Plates. 

(a) To be eligible for former Prisoner of War license plates, the appli- 
cant 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 pres- 
ent proof of the registered owner's or lessee's eligibility for a former Pris- 
oner of War license plate by submitting to the department one of the fol- 
lowing 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 Hospi- 
tal 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 51 10, Vehicle Code. Reference: Sec- 
tions 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. 

(a) Upon application, submission of eligibility proof, and payment of 
fees specified in Section 1 70.00(b), additional sets of Prisoner of War li- 
cense 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: Sec- 
tion 5101.5, Vehicle Code. 

History 

1 . New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39). 

§ 1 71 .04. Surrender of Prisoner of War License Plates 
upon Death. 

(a) Prisoner of War license plates shall be surrendered to the depart- 
ment within 60 days after the death of the former prisoner of war. 

(b) Prisoner of War license plate ownership shall not be transferred to 
any other person, including the co-owner of the vehicle. 

NOTE: Authority cited: Sections 1651 and 51 10, Vehicle Code. Reference: Sec- 
tion 5101.5, Vehicle Code. 

History 

1 . New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39). 
PRESS PHOTOGRAPHER LICENSE PLATES 

§172.00. Definitions. 

(a) A press photographer is a person who is regularly employed or en- 
gaged 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 princi- 
pal 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 em- 
ployment time or deriving more than 50 percent of personal income from 
taking pictures for newspapers, newsmagazines, news gathering com- 
panies, for newsreels, or for television. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 5008, Ve- 
hicle Code. 

History 

1 . Change without regulatory effect renumbering former section 2 1 0.00 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). 

§172.05. Application. 

(a) Application for press photographer license plates shall be com- 
pleted 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, Ve- 
hicle Code. 

History 
1 . Change without regulatory effect renumbering former section 2 1 0.05 to section 
172.05 filed 7-1 9-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 



Page 8.6 



Register 2005, No. 18; 5-6-2005 



Title 13 



Department of Motor Vehicles 



§ 173.06 



§172.10. Plates. 

(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 1 65 1 , Vehicle Code. Reference: Section 5008, Ve- 
hicle Code. 

History 
1 . Change without regulatory effect renumbering former section 21 0. 1 to section 
1 72. 1 filed 7-19-93 pursuant to title 1 , section 1 00, California Code of Regu- 
lations (Register 93, No. 30). 

§ 1 72.1 5. Display of Validating Stickers. 

NOTE: Authority cited: Sections 1651 and 5205, Vehicle Code. Reference: Sec- 
tions 4457 and 5204, Vehicle Code. 

History 

1. Change without regulatory effect renumbering former section 210.15 to section 
172.15 filed 7-1 9-93 pursuant to title 1 , section 1 00, California Code of Regu- 
lations (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. 

(a) An application for Legion of Valor license plates or Purple Heart 
license plates for a vehicle currently registered in California shall be sub- 
mitted to the department on a Special License Plate Application, Form 
REG. 583 (12/91), provided by the department and shall include the fol- 
lowing information: 

(1) The vehicle identification number of the vehicle which will be as- 
signed 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 motor- 
cycles. 

(9) An indication of whether the vehicle to which the Purple Heart li- 
cense 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 registra- 
tion, 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: 

(I) 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 5 101 .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. 

(a) In addition to meeting the requirements specified in Section 
173.00, the registered owner shall provide proof of eligibility by surren- 
dering to the department a copy of one of the following documents, con- 
taining 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 Decora- 
tions 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. 

(a) In addition to meeting the requirements specified in Section 
173.00, the registered owner shall provide proof of eligibility by surren- 
dering to the department a copy of one of the following documents, con- 
taining 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). 

§ 1 73.06. Number of Legion of Valor or Purple Heart 
License Plate Sets. 

(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. 



Page 8.7 



Register 2007, No. 26; 6-29-2007 



§ 173.08 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



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. 

(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. 

(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 pres- 
ent 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 Firefight- 
ers verifying the applicant's eligibility. 

NOTE: Authority cited: Sections 1651 and 51 10(a), Vehicle Code. Reference: Sec- 
tion 5101.2, Vehicle Code. 

History 
1. New section filed 6-10-99; operative 7-10-99 (Register 99, No. 24). 

§ 1 80.00. Application for Regular Series License Plates for 
State-Owned University Vehicle. 

(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 chancel- 
lor or president of the University of California or California State Univer- 
sity, 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 Taistees 
of the California State University or the Regents of the University of Cali- 
fornia, 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 as- 
signed. 

(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 in- 
clude the make, model, vehicle identification number, and vehicle li- 
cense 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 as- 
signed. 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 num- 
ber. 

(3) An indication that the plates for which replacement is being re- 
quested 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 de- 
partment at the time of application. 
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 5002.6. 

HrSTORY 
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. 

(a) When the vehicle to which the regular series plates have been as- 
signed 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. 

(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 em- 
ployee'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 de- 
partment for registration exemption and special Foreign Organization li- 
cense 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 fol- 
lowing 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/nonre- 
sident 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 dis- 
posed 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 sub- 
division (a)(1). 



Page 8.8 



Register 2007, No. 26; 6-29-2007 



Title 13 



Department of Motor Vehicles 



§ 182.01 



(e) The registration fee exemption does not apply to duplicate certifi- 
cates or substitute license plates. A TECO officer or designated em- 
ployee shall be required to pay the fees specified in Vehicle Code sec- 
tions 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: Sec- 
tions 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)(l)(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)(l ) filed 6-29-2007 
pursuant to section 100, title 1, California Code of Regulations (Register 2007, 
No. 26). 

DISABLED PERSON PLACARDS OR PLATES 

§182.00. Definitions. 

(a) Disabled Person Permanent Placard — A placard that has a fixed 
expiration date of June 30 every odd numbered year that is issued to per- 
manently disabled persons meeting the disability requirements in Sec- 
tion 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, 2251 1 .55 and 2251 1 .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. 

(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 dis- 
abled 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 cur- 
rent 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 ve- 
hicle make are required. To qualify for disabled person license plates, the 
applicant must provide a registration card in the applicant's name or doc- 
uments to register the vehicle in the applicant's name. License plates cur- 
rently 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 ex- 
emption, 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 responsibil- 
ity 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 rela- 
tionship 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 ap- 
plication. 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 applica- 
tion 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 re- 
quest. 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 appli- 
cant 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 depart- 
ment. 

(B) The Doctor' s Certification of Disability is not required if the appli- 
cant appears in person and has a readily observable and uncontested per- 



Page 8.9 



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§ 182.02 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



manent 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 orga- 
nization 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 incor- 
porated 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 ob- 
servable 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, 2251 1.55 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. 

(a) The disabled person license plates and/or placard shall be surren- 
dered to the department within sixty (60) days of the death of the disabled 
person or upon the expiration of the vehicle registration, whichever oc- 
curs 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 

§ 1 90.00. Display of Numbers. 

(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"l" 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 demon- 
strating 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 at- 
tached 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: Sec- 
tions 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. 

The registration stickers issued by the department under the authority 
of Vehicle Code Section 9853.4 to identify a vessel as currently regis- 
tered 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: Sec- 
tion 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 7-1 9-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§190.02. Proof of Ownership. 

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 show- 
ing 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 ex- 
ecuted by the applicant fully setting forth the facts to support applicant's 
claim of ownership in the vessel. Affidavits for materials used in con- 
struction of homemade boats shall be supported with Bills of Salefor ma- 
jor 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 



[The next page is 9.] 



Page 8.10 



Register 2007, No. 26; 6-29-2007 



Title 13 



Department of Motor Vehicles 



§ 190.10 



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: Sec- 
tion 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 Regu- 
lations (Register 93, No. 30). 

§ 190.03. Vessel Bond Requirements. 

(a) A vessel owner applying for a California certificate of title without 
the required proof of ownership may submit a bond as authorized by Ve- 
hicle Code section 9923. The bond shall be executed by an admitted sure- 
ty 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 in- 
formation provided in a recognized industry vessel valuation and pricing 
handbook. The highest and lowest price variations shall be added togeth- 
er 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 bond as provided in Sec- 
tion 995.710 of the Code of Civil Procedure. 

NOTE: Authority cited: Sections 1651 and 9852, Vehicle Code. Reference: Sec- 
tion 995.010, 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. 

§ 190.04. Definition of a Livery Boat. 

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 Regu- 
lations (Register 93, No. 30). 

§ 190.05. Definition of a Vessel Carrying Passengers for 
Hire. 

Vessels carrying passengers for hire means any vessel subject to regis- 
tration 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 Regu- 
lations (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. 

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 ] 65 1 , Vehicle Code. Reference: Section 9840, Ve- 
hicle 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 Regu- 
lations (Register 93, No. 30). 

§ 1 90.07. Definition of a Boat Dealer. 

A boat dealer is a person who is engaged wholly or in part in the busi- 
ness of selling or offering for sale, buying or taking in trade for the pur- 
pose of resale, or exchanging, any vessel or vessels and receives or ex- 
pects 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 Regu- 
lations (Register 93, No. 30). 

§ 190.08. Certificates of Number for Dealer, Manufacturer, 
Livery Vessel and Vessel Carrying Passengers 
for Hire. 

(a) The Certificates of Number for dealer, manufacturer, livery ves- 
sels, 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 num- 
ber 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 pe- 
riod 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 67.01-1 1 . 

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 Regu- 
lations (Register 93, No. 30). 

§ 190.09. Terms and Conditions for Vessel Registration 
and Numbering. 

The issuance of Certificates of Ownership and Number may be condi- 
tioned 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 1 74.3 1 . 

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 Regu- 
lations (Register 93, No. 30). 

§ 190.10. Contents of Applications for Certificate of 
Ownership and Certificate of Number. 

(a) Applications for Certificates of Ownership and Number shall con- 
tain 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 ves- 
sel. 

(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. 



Page 9 



Register 2006, No. 7; 2-17-2006 



§ 190.11 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



(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. 1 to section 

1 90. 10 filed 7-19-93 pursuant to title 1 , section 1 00, California Code of Regu- 
lations (Register 93, No. 30). 

§ 190.1 1 . Contents of Certificate of Number. 

(a) Each Certificate of Number shall contain the following informa- 
tion: 

(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. 1 1 to section 

190.11 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (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. 

(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 Cali- 
fornia. 

(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 Cer- 
tificate 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. 1 2 to section 

190.12 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

2. New subsections (e)-(e)(2) filed 8-2 1-95; operative 9-20-95 (Resister 95, No. 
34). 

§ 1 90.1 3. Removal of Stickers. 

The number and sticker shall be removed from the vessel if the Certifi- 
cate 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. Chanse without regulatory effect renumbering and amending former section 

300. 13 to section 190.13 filed 7-19-93 pursuant to title 1, section 100, Califor- 
nia Code of Regulations (Register 93, No. 30). 

§ 190.14. Temporary Certificate of Number. 

A Temporary Certificate of Number shall be issued to applicants in ac- 
cordance with Section 9858 V.C. to be valid for 60 days from date of is- 
sue. 

NOTE: Authority cited: Section 165 1 , 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 

1 90. 1 4 filed 7- 1 9-93 pursuant to title 1 , section 1 00, California Code of Regu- 
lations (Register 93, No. 30). 

§ 190.15. Hull Identification Numbers. 

(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 987 1.5, Vehicle Code; and CFR, Title 33, Sections 18 1.23, 181.25, 18 1.27 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 Regu- 
lations (Register 93, No. 30). 

§ 1 90.1 6. Fee-Exempt Boats. 

(a) Boats belonging to State, County, or City Governments and Feder- 
al agencies of the United States shall not be required to pay the fees pro- 
vided for in Sections 9853, 9855 and 9860 of the California Vehicle 
Code. 

NOTE: Authority cited: Section 985 1 , Vehicle Code. Reference: Section 9851, Ve- 
hicle 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 Regu- 
lations (Register 93, No. 30). 

§ 190.17. Recreational-Type Public Vessels. 

Boats owned by the United States Armed Forces that are used for rec- 
reational purposes shall be known as "recreational-type public vessels." 



Page 10 



Register 2006, No. 7; 2-17-2006 



Title 13 



Department of Motor Vehicles 



§ 190.32 



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 ex- 
empt from payment of all fees. 

NOTE: Authority cited: Section 1 651 , Vehicle Code. Reference: Section 9851 . Ve- 
hicle 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 Regu- 
lations (Register 93, No. 30). 

§ 190.18. Fee-Exempt Annual Renewal. 

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 is- 
sued 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 1 65 1 , Vehicle Code. Reference: Section 9850, Ve- 
hicle 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, Califor- 
nia Code of Regulations (Register 93, No. 30). 

§190.19. Racing Vessels. 

Boats brought to this state exclusively for racing purposes and remain- 
ing for less than 90 days, may be exempted from registering and number- 
ing 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 Regu- 
lations (Register 93, No. 30). 

§190.20. Livery Vessels. 

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, Califor- 
nia Code of Regulations (Register 93, No. 30). 

§ 1 90.21 . Notification to the Department. 

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 991 1, 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 Regu- 
lations (Register 93, No. 30). 

§ 1 90.22. Surrender of Certificate of Number. 

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)(l)(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, Califor- 
nia Code of Regulations (Register 93, No. 30). 



§ 190.30. Department Agent's Authorization. 

(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 appoint- 
ment 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 cus- 
tomers a documentary preparation fee pursuant to Vehicle Code Section 
9858.1. 

NOTE: Authority cited: Sections 1651 and 9858, Vehicle Code. Reference: Sec- 
tions 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. 

(a) An applicant for appointment as an Undocumented Vessel Regis- 
tration Agent shall submit to the department an Application for Appoint- 
ment and Agreement as a Non-Public Undocumented Vessel Registra- 
tion 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 in- 
formation: 

(1) Information specifying the reason the application is being sub- 
mitted. 

(A) An application shall be submitted for the original appointment, 
change of name or address, change of ownership structure, or when add- 
ing 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 cor- 
poration'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 Ve- 
hicles 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. 

(1 1) 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 re- 
quirements as set forth in the Agreement for Appointment as an Undocu- 
mented Vessel Registration Agency to Represent the California Depart- 
ment of Motor Vehicles, Form OL 54 (REV. 3/2003) page 2. 



Page 11 



Register 2006, No. 7; 2-17-2006 



§ 190.34 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



(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 of- 
ficers of the corporation, depending on the business structure. 

(B) When the business is a corporation, the application shall also in- 
clude the corporate officer title of each of its principal officers. 
NOTE: Authority cited: Sections 1651 and 9858, Vehicle Code. Reference: Sec- 
tions 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 1 1-24-2004 (Register 2004. No. 44). 

§ 190.34. Responsibilities of Undocumented Vessel 
Registration Agents. 

(a) Each Undocumented Vessel Registration Agent shall agree to as- 
sume, 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 Undocu- 
mented 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 ves- 
sel 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 appoint- 
ment. 

(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 de- 
partment no later than the first business day following the sale or termina- 
tion. 

NOTE: Authority cited: Sections 1651 and 9858, Vehicle Code. Reference: Sec- 
tions 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. 

(a) Each Undocumented Vessel Registration Agent shall agree to as- 
sume, 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 Num- 
ber, 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 desig- 
nated 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 Applica- 
tions shall be completed in ink and shall include the following informa- 
tion: 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 stick- 
er issued; miscellaneous receipts issued for transactions such as trans- 
fers, duplicates, etc.; an indication of whether a credit or refund is de- 
sired; an indication of the preferred delivery method; the total number of 
items by type submitted with the transmittal bundle; an authorized signa- 
ture; 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 depart- 
ment, 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 Registra- 
tion 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 reg- 
istration for new boats; or, vessel ownership transfer applications for 
used boats, registration renewals and applications for duplicate certifi- 
cates and stickers. 

(B) Agents shall register only those vessels they sell. 

(4) Complete and provide a Quarterly Physical Inventory of Account- 
able 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 in- 
clude a listing of receipts for new and used boats, as evidenced by the be- 
ginning 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: Sec- 
tions 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 
1 1-24-2004 (Register 2004, No. 44). 

§190.38. Agreement for Appointment as an 

Undocumented Vessel Registration Agent. 

(a) Each applicant for appointment as an Undocumented Vessel Reg- 
istration Agent shall complete an Agreement for Appointment as an Un- 
documented Vessel Registration Agency to Represent the California De- 
partment 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: Sec- 
tions 9858, 9858.1 and 9859, Vehicle Code. 

History 
1. New section filed 8-21-95; operative 9-20-95 (Register 95, No. 34). 



Page 12 



Register 2006, No. 7; 2-17-2006 



Title 13 



Department of Motor Vehicles 



§ 212.04 



2. Amendment of subsection (a) filed 10-25-2004: operative 1 1-24-2004 (Regis- 
ter 2004, No. 44). 

§ 191.00. Non-Motorized Surfboard-Like Vessels 

Exempted Under Vehicle Code Section 9873(e). 

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 1 651 , Vehicle Code. Reference: Section 9873, Ve- 
hicle 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 Regu- 
lations (Register 93, No. 30). 

§ 192.00. Proof Documents Re Lien Sale Vessels. 

All applications for the transfer of title of an undocumented vessel af- 
ter 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 satis- 
fied 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 ves- 
sel. "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 repair- 
man's cost of handling a vessel for the purpose of repairing it. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 991 5, Ve- 
hicle 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 Regu- 
lations (Register 93, No. 30). 

§ 200.01 . Vehicle Engine or Motor. 

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 4-1 1-85; 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 Regu- 
lations (Register 93, No. 30). 

Article 3.3. Special Plates 

§ 201 .00. Use of Special Plates Issued to a Dealer, 

Manufacturer, Remanufacturer, or Distributor. 

(a) Special plates referenced in this section may only be used on ve- 
hicles 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 deal- 
er, manufacturer, remanufacturer, or distributor, provided that individual 
is actively engaged in the management and control of the business opera- 
tions 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 opera- 
tions of the dealer, manufacturer, remanufacturer, or distributor when no 
other individual meets the criteria in (J) above; 

(3) An individual employed by a manufacturer or distributor and li- 
censed 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 oper- 
ate a vehicle with special plates solely to pick up or drop off that individu- 
al. 

(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, manufactur- 
er, remanufacturer, or distributor special plates for special event pur- 
poses 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 per- 
son(s) authorized to operate the vehicle. 

(g) Employees of a commercial vehicle dealer, manufacturer, reman- 
ufacturer, or distributor who must operate a commercial vehicle in the 
course of their employment, may take a commercial drive test in a com- 
mercial vehicle displaying dealer, manufacturer, remanufacturer, or dis- 
tributor 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, reman- 
ufacturer, 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. 



Article 3.4. 



Hearing Procedure Seizure of 
Vehicles 



§ 21 2.04. Conduct of the Hearing. 

(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 regis- 
tered owner, the legal owner, and to any other person known to be claim- 
ing an interest in the vehicle,except that the hearing may be set for a dif- 
ferent 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 ap- 
pointed by him from officers or employees of the department. 

(c) The entire proceedings shall be recorded by a phonographic re- 
corder 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 mat- 



[The next page is 13.] 

Page 12.1 



Register 2006, No. 7; 2- 17-2006 



Title 13 



Department of Motor Vehicles 



§ 220.02 



ter 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 reg- 
istered owner may be called and examined as if under cross-examina- 
tion. 

(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 wit- 
nesses, 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 privi- 
leged 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 sub- 
poenas and subpoenas duces tecum at the request of any party for atten- 
dance or production of documents at the hearing, in accordance with Sec- 
tion 1 1510 of the Administrative Procedure Act. 

(h) The hearing need not be conducted according to technical rules re- 
lating to evidence and witnesses. Any relevant evidence shall be admitted 
if it is the sort of evidence upon which responsible persons are accus- 
tomed to rely in the conduct of serious affairs, regardless of the existence 
of any common law or statutory rule which might make improper the ad- 
mission of such evidence over objection in civil action. Hearsay evidence 
may be used for the purpose of supplementing or explaining other evi- 
dence 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 rec- 
ognized 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 ju- 
dicially 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 offi- 
cially noticed matters by evidence or by written or oral presentation of 
authority, the manner of such representation to be determined by the de- 
partment. 

(j) Upon the conclusions of the hearing, the referee shall make findings 
on the matters under consideration and shall prepare and submit recom- 
mendations 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 11 180, 1 1 181 
and 1 1 182, Government Code. Reference: Section 9801, Vehicle Code. 

History 
1 . Change without regulatory effect renumbering former section 3 10.04 to section 
212.04 and amending and repositioning article 3.4 heading filed 7-19-93 pur- 
suant to title 1, section 100, California Code of Regulations (Register 93, No. 
30). 

Article 3.5. Motor Carriers Permit Program 

§ 220.00. Definitions. 

As used in this article, the following definitions shall apply: 

(a) "Administrative costs" shall be defined as attorney fees and sup- 
port staff costs incurred in determining legal entitlement to all or a por- 
tion of the cash deposit(s) or savings account(s) held in assignment(s) 
pursuant to Vehicle Code section 3463 1 (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 admin- 
isters 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 Insur- 
ance 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: Sec- 
tions 34621 and 34631 .Vehicle Code; and Section 700, Insurance Code. 

History 

1 . New article 3.5 (sections 220.00-22 1 .12) and section filed 4-1 0-98 as an emer- 
gency; 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 re- 
pealed by operation of law on the following day. For prior history, see Register 

85, No. 15. 

2. Repealed by operation of Government Code section 1 1346.1(g) (Register 98, 

No. 34). 

3. New article 3.5 (sections 220.00-221.12) and section filed 8-17-98 as an emer- 
gency; 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 re- 
pealed by operation of law on the following day. 

4. Certificate of Compliance as to 8-17-98 order, including relettering of subsec- 
tions, 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. 

(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 com- 
pleted 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 applica- 
tion. 

(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 Num- 
ber (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. 



Page 13 



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(1) An application is considered complete when the applicable re- 
quirements of the Motor Carriers of Property Permit Act and these regu- 
lations 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 require- 
ments of the Motor Carriers of Property Permit Act and these regulations 
are not fulfilled. 

(A) With the determination that an application is deficient, the depart- 
ment shall identify the specific requirement(s) needed to complete the 
application. 

NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec- 
tions 1652. 1653, 34621 and 34632, Vehicle Code; and Section 15376, Govern- 
ment 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 1 1346.1(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 8-1 7-98 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. 

(a) Motor Carrier of Property Permit Renewal Application form 
[DMV 134 MCP (REV. 1/2004)], which is hereby incorporated by refer- 
ence, 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 with- 
drawn 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: Sec- 
tions 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 1 1346.1(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: Authority cited: Section 1651, Vehicle Code. Reference: Section 4610, Ve- 
hicle Code; and Section 12155, Insurance Code. 

HtSTORY 

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 Regu- 
lations (Register 93, No. 30). 



§ 220.06. Motor Carrier Financial Responsibility. 

(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 3463 1 (b); or a Certificate of 
Self-Insurance, [DMV 1 3 1 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 1 6000 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, sure- 
ty 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 insur- 
ance policy to comply with insurance requirements imposed by the Mo- 
tor Carriers of Property Permit Act, commencing with Vehicle Code sec- 
tion 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 in- 
sured 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, re- 
quired 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 refer- 
ence. 

NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec- 
tions 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 1 1346.1(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 8-1 7-98 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. 

(a) The annual list of motor vehicles, pursuant to Vehicle Code section 
34632, shall be submitted to the department upon original application, re- 
newal 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 Califor- 
nia. 

(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 ve- 
hicles 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: Sec- 
tion 34632, Vehicle Code. 



Page 14 



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Title 13 



Department of Motor Vehicles 



§ 220.16 



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 1 1346.1(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 subsec- 
tion (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. 

(a) The annual report of employees and owner-operator drivers, pur- 
suant to Vehicle Code Section 34633, shall be submitted to the depart- 
ment 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-opera- 
tor drivers, employee classifications (job titles), and compensation (an- 
nual gross salary). 

(b) The requirement to file a report under oath shall be satisfied by sub- 
mitting 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: Sec- 
tions 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). 

§220.12. Owner-Operators. 

(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 sus- 
pension, 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 Car- 
rier 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 ful- 
filled prior to operating any motor vehicle defined in Vehicle Code sec- 
tion 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 Car- 
rier 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-opera- 
tor's Motor Carrier Permit. 

(c) An owner-operator whose Motor Carrier Permit has been sus- 
pended 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: Sec- 
tions 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 1 1346.1(g) (Register 98, 
No. 34). 

3. New section filed 8-17-98 as an emergency; operative 8-1 7-98 (Register 98, 
No. 34). A Certificate of Compliance must be transmitted to OAL by 1 2-15-98 
or emergency language will be repealed by operation of law on the following 
day. 

4. Certificate of Compliance as to 8-1 7-98 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 (Reg- 
ister 2005, No. 8). 

§220.14. Reinstatement Fee. 

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 Sta- 
tion G875, P.O. Box 932370, Sacramento, CA 94232-3700. 
NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec- 
tion 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 1 1346.1(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 12-1 5-98 
or emergency language will be repealed by operation of law on the following 
day. 

4. Certificate of Compliance as to 8-1 7-98 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). 

§ 220.16. Workers' Compensation. 

(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 Direc- 
tor 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 pen- 
alty 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 sec- 
tion 34640(a)(3). 

(c) A motor carrier that becomes subject to California Workers' Com- 
pensation 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: Sec- 
tions 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 1 1 346.1 (g) (Register 98, 
No. 34). 



Page 14.1 



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§ 220.18 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



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 8-1 7-98 order, includine 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). 

§ 220.1 8. Voluntary Withdrawal. 

(a) A motor carrier, who wishes to cease operations as a permitted mo- 
tor carrier, prior to canceling or terminating liability insurance, shall sub- 
mit a written request on a Request for Voluntary Withdrawal Motor Car- 
riers 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: Sec- 
tion 34630(b), Vehicle Code. 

History 
1 . Renumbering and amendment of former section 220. 1 6 to new section 220. 1 8 
filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52). 

§ 220.20. Seasonal Operations. 

(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: Sec- 
tion 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. 

Qualifications as a self-insurer shall include all of the following re- 
quirements: 

(a) The applicant shall have more than twenty-five (25) motor ve- 
hicles 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 as- 
signments) of a cash deposit(s) or savings account(s) equal to the mone- 
tary amounts as specified in Vehicle Code section 34631.5, subdivision 
(a), paragraphs (1) and (2) and an additional $5,000 to offset potential ad- 
ministrative costs along with the Assignment to the Department of Motor 
Vehicles [DMV 133 MCP, (REV. 8/2002)], which is hereby incorpo- 
rated 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: Sec- 
tion 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 8-1 7-98 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. 

(a) An applicant requesting a Certificate of Self-Insurance [DMV 131 
MCP (NEW 4/98)] shall complete, sign and certify under penalty of per- 
jury under the laws of the State of California, an Application for a Certifi- 
cate 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 re- 
quested and statutorily required for the type of commercial transportation 
operation(s) specified in Vehicle Code section 34631.5, subdivision (a), 
paragraphs (I) and (2). 

(c) The department shall consider and may approve the Application for 
a Certificate of Self-Insurance in accordance with the provisions of Divi- 
sion 14.85 of the Vehicle Code and Sections 221.00 et seq. of Title 13, 
Division I, 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 re- 
quirements 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 certifi- 
cate shall be issued. 

(2) An application is considered deficient when the applicable require- 
ments 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 depart- 
ment shall identify the specific requirement(s) needed to complete the 
application. 

(e) An applicant shall respond in ten (10) days with supporting data re- 
quested by the department to determine initial eligibility as a self-insur- 
er. Failure to respond may cause immediate cancellation of the applica- 
tion. 

NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec- 
tions 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 1 1346.1(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 12-1 5-98 
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. 

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 ac- 
counts 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. Ad- 
ministrative 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 De- 
posit 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 de- 
partment shall have a physical office located in California. 



Page 14.2 



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Title 13 



Department of Motor Vehicles 



§ 221.12 



(e) The applicant shall instruct the financial institution(s) to prepare 
and forward to the department an Assignment for a Motor Carrier Certifi- 
cate 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: Sec- 
tions 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 8-1 7-98 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. 

(a) After the application and assignment(s) are approved, the depart- 
ment shall issue a Certificate of Self-Insurance [DMV 131 MCP (NEW 
4/98)], which shall contain an assigned number that serves as written evi- 
dence of self-insurance. 

(b) The Certificate of Self-Insurance shall only serve as proof of finan- 
cial responsibility under Vehicle Code section 34631.5, subdivision (a), 
paragraphs (1) and (2). 

NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec- 
tion 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 1 1346.1(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 8-1 7-98 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. 

(a) Cancellation of a Certificate of Self-Insurance [DMV 131 MCP 
(NEW 4/98)], which is hereby incorporated by reference, and self insur- 
ance status may be initiated by the department for the following: 

(1 ) Failure to maintain the requirements for obtaining a certificate pur- 
suant to Section 221.020 of Title 13, Division 1, Chapter 1 of the Califor- 
nia Code of Regulations. 

(2) Failure to submit data in ten (10) days that is requested by the de- 
partment to investigate and determine ongoing eligibility. 

(3) Failure to provide adequate financial responsibility or greater fi- 
nancial 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 pro- 
vide adequate financial responsibility as required in Vehicle Code sec- 
tion 34630. 

NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec- 
tions 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 1 2-1 5-98 
or emergency language will be repealed by operation of law on the following 
day. 

4. Certificate of Compliance as to 8-1 7-98 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 .1 0. Disbursement of Assignment. 

(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 3463 1. 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 Car- 
rier 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 en- 
titled 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: Sec- 
tion 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 ] 1346.1(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 1 2-1 5-98 
or emergency language will be repealed by operation of law on the following 
day. 

4. Certificate of Compliance as to 8-1 7-98 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 .1 2. Termination of Assignment. 

(a) A request for termination submitted on a Request to Terminate Self 
Insurance form [DMV 132 MCP (REV. 3/2001)] shall be deemed a ter- 
mination 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 Certif- 
icate of Insurance, [DMV 65 MCP (REV. 7/2002)] or a surety bond, 
[DMV 55 MCP (REV. 10/2003)]; or receipt of an incomplete Applica- 
tion 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 judg- 
ments against the motor carrier or former motor carrier. A judge of a su- 
perior 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 as- 
signed account(s) returned. 

NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec- 
tion 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 



Page 14.3 



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§ 225.00 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



or emergency language will be repealed by operation of law on the following 
day. 

2. Repealed by operation of Government Code section 1 1346.1(e) (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 ] 2-15-98 
or emergency language will be repealed by operation of law on the following 
day. 

4. Certificate of Compliance as to 8-1 7-98 order, including amendment of section 
heading and section, transmitted to OAL 10-16-98 and filed 1 2-2-98 (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 



§ 225.00. Definitions. 

The following definitions shall apply to this article. 

(a) The term "BPA" shall identify the Business Partner Automation 
Program. 

(b) The term "BPA contract" shall be defined as an agreement between 
the State and a qualified private industry partner as authorized under Sec- 
tion 1685 of the Vehicle Code. 

(c) The term "accountable inventory" shall be defined as inventory 
identified by a unique serial number that is assigned by the department. 
These items are the department issued license plates and year stickers. 
These items are at all times the property of the department. 

(d) The term "controlled inventory" shall be defined as inventory that 
may impact the registration of vehicles and collection of fees. These 
items are the department issued computer DMV95A paper and month 
stickers. These items are at all times the property of the department. 

(e) The terms "first-line business partner," "first-line service provid- 
er," and "second-line business partner" shall be defined as set forth in 
Section 1685(b)(1)(A) through (C) of the Vehicle Code. A business part- 
ner that acts as a registration service is subject to Chapter 2.5, Division 
5 of the Vehicle Code unless otherwise exempt. 

(f) The term "interface" shall be defined as the electronic exchange of 
information. 

(g) A "change in legal structure" shall be defined as a change between 
sole owner, partnership, corporation, Limited Liability Company or oth- 
er legal entity. 

(h) The term "owner" shall be defined as sole owner, partner (except 
for limited partner), Limited Liability Company members, or private and 
public corporation shareholders with 10% or more interest in the corpo- 
ration. 

NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec- 
tion 1685, 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 Com- 
pliance must be transmitted to OAL by 1 1^1-2002 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 1 1-4-2002 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. 1 0). A Certificate of Com- 
pliance 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 8-1 1-2003 (Register 2003, No. 33). 

§ 225.03. Application Requirements. 

A business partner applicant shall complete all requirements and sub- 
mit to the BPA Program Administrator the following: 

(a) A business partner applicant shall complete, sign and submit an ap- 
plication 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. 4/2005). 

(2) The application form for a first-line service provider is a Business 
Partner Automation Application, First-Line Service Provider form, 
REG 4023 (REV. 4/2005). 

(3) The application form for a second-line business partner is a Busi- 
ness Partner Automation Application, Second-Line Business Partner 
form, REG 4025 (REV. 4/2005). 

(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 reg- 
ulations. 

(b) A business partner applicant shall pay a non-refundable applica- 
tion fee of three hundred and twenty-four dollars ($324) for its principal 
place of business and one hundred and thirty dollars ($130) for each site 
added with the application. Checks shall be made payable to the Depart- 
ment 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 US 
mail or private courier to the following address: Department of Motor 
Vehicles, BPA Program Administrator, 241 5 1 st Avenue, MS E383, Sac- 
ramento, C A 95818. 

(1 ) An application shall be valid for one year from the date the applica- 
tion is first received by the department. An applicant who 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 business partner applicant shall provide the information required 
by the Business Partner Automation Program Information Security Pre- 
Implementation Checklist for First-Line Business Partner and First- 
Line Service Provider form, INV5555A (NEW 1 1/2002) or the Business 
Partner Automation Program Information Security Pre-Implementation 
Checklist for Second-Line Business Partner form, INV 5555B (NEW 
1 1/2002) and in the BPA contract. 

(d) A business partner applicant shall submit a photocopy of the com- 
pleted and signed Request for Live Scan Service form, DMV8016 (Rev. 
11/2002) in accordance with Section 225.06 of these regulations and a 
Statement of Personal History form, REG 4019 (Rev. 1 1/2002) for each 
owner and each employee. The Statement of Personal History form is 
hereby incorporated by reference. A business partner applicant shall sub- 
mit the documents required by this section for all owners, managers, and 
administrative staff responsible for the oversight of the program or who 
manage, administer, supervise, or monitor transactions, inventory, em- 
ployees, or money; order or account for inventory; and employees who 
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 submit fingerprints for each owner identified 
on the application form and each of its employees on a Fingerprint Card 
form, ADM 13 16 (Rev. 1/97) or on a Request for Live Scan Service form 
in accordance with Section 225.06 of these regulations. 

(A) The Fingerprint Card form shall be submitted to a local law en- 
forcement agency. After the local law enforcement agency completes the 
form, processes for fingerprints, and signs and identifies itself, the form 
shall be returned to the business partner owner or employee, who will 
submit the form to the BPA Program Administrator. 

(B) The completed original fingerprint forms, along with a copy of the 
receipt from the local law enforcement agency for processing the form, 
a photocopy of each person's valid driver license or identification card 
issued by the state where the site is located, a completed and signed Per- 
sonal History Statement form for each person, and the fee as authorized 
in Penal Code section 1 1 105(e) for the Department of Justice (DOJ) fin- 
gerprint checks for each set of fingerprints shall be sent by trackable mail. 
Checks shall be made payable to the Department of Motor Vehicles. 

(e) Fingerprints shall not be required when the person to be finger- 
printed is a business partner owner who is currently an occupational li- 



Page 14.4 



Register 2006, No. 8; 2-24-2006 



Title 13 



Department of Motor Vehicles 



§ 225.09 



censee of the department and whose fingerprints have already been sub- 
mitted to the department. 

(f) The business partner 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 EXEC201X 
(REV. 3/2003), which is hereby incorporated by reference. 

(h) A business partner applicant that is a registration service, a disman- 
tler or a vehicle dealer licensed by the department shall submit a copy of 
the Occupational License form, OL 39 (REV. 7/2004) form as evidence 
of a valid occupational license. The form is hereby incorporated by refer- 
ence. 

(i) A business partner with BPA site locations out-of-state shall main- 
tain 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 Califor- 
nia that is available for service of process shall be provided on an applica- 
tion form identified in Section 225.03(a)(1) through (3) of these regula- 
tions. 

(j) The department will review a submitted application package and 
determine whether or not the application package is complete within 
thirty (30) days of the receipt of the application package as required by 
Section 225.03 of these regulations. After a determination has been made 
by the department; written notification shall be sent to the applicant in- 
form the applicant that the application is complete and acceptable for fil- 
ing or that the application is deficient and what specific information is re- 
quired by the applicant. The department will review a complete 
application package and decide whether or not to enter into a BPA con- 
tract within ninety (90) days of receipt of the complete package. 
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec- 
tions 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 
1 l^t-2002 or emergency language will be repealed by operation of law on the 
following day. 

2. New section with amendments refiled 1 1-4-2002 as an emergency; operative 
1 1^1-2002 (Register 2002, No. 45). A Certificate of Compliance must be trans- 
mitted to OAL by 3-^-2003 or emergency language will be repealed by opera- 
tion of law on the following day. 

3. New section refiled 3-3-2003 as an emergency, including amendments to sub- 
sections (a)(3), (c) and (d); operative 3-3-2003 (Register 2003, No. 10). A Cer- 
tificate 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 sub- 
section (g), transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 

2003, No. 33). 

5. Amendment of subsections (a)(l )-(3), (b) and (d)(1)(B), new subsection (h) and 
subsection relettering filed 2-22-2006; operative 3-24-2006 (Register 2006, 
No. 8). 

§ 225.06. Fingerprints. 

(a) A business partner applicant shall submit fingerprints for business 
partner owners and employees located in California to a Live Scan facil- 
ity for each person identified in Section 225.03(d) of these regulations. 
A copy of the Request for Live Scan Service form, DMV 8016 (Rev. 
1 1/2001 ) shall be submitted for any and all persons being fingerprinted 
prior to participation in the BPA. 

(1) The Request for Live Scan Service form shall contain the follow- 
ing: 

(A) The typed or printed true, full name of the person fingerprinted. 

(B) Any aliases used by the person fingerprinted. 

(C) The birth date of the person fingerprinted. 

(D) The birthplace of the person fingerprinted. 

(E) The sex, height, weight, eye color and hair color of the person fin- 
gerprinted. 

(F) The driver license or identification card number of the person fin- 
gerprinted and state of issue. 

(G) The social security number of the person fingerprinted. 
(H) The date the fingerprints are taken. 



(I) The signature of the person taking the fingerprints. 

(J) A statement that the Request for Live Scan Service form shall be 
for the purpose of determining approval to participate in the BPA. 

(K) The home address and telephone number of the person finger- 
printed. 

(b) A business partner applicant shall submit fingerprints for business 
partner owners and employees located out-of-state for each person iden- 
tified in Section 225.03(d) of these regulations to a Live Scan facility or 
to any local law enforcement agency. A Fingerprint Card form. 
ADM 13 16 (Rev. 1/97) shall be submitted for the person being finger- 
printed prior to participation in the BPA. 

(1) The Fingerprint Card form shall contain the following: 

(A) The true, full name of the person fingerprinted. 

(B) The signature of the person fingerprinted. 

(C) The date the person is fingerprinted. 

(D) The signature of the official at the local law enforcement agency 
taking the fingerprints. 

(E) The name and address of the law enforcement agency performing 
the fingerprinting. 

(F) Aliases (AKA) of the person fingerprinted. 

(G) The driver license or state issued identification card number of the 
person fingerprinted. 

(H) The sex, height, weight, eye color and hair color of the person fin- 
gerprinted. 

(I) The birthplace of the person fingerprinted. 

(J) The date of birth of the person fingerprinted. 

(K) The social security number of the person fingerprinted. 

(L) On the reverse side, the "Occupational Licensing Branch" box and 
"Other" box shall be checked and the notation "BPA" added to explain 
why the "Other" box is checked. 

(M) The name of the business partner that is owned by or employs the 
person fingerprinted. 

(N) The street address and city of the business partner that is owned 
by or employs the person fingerprinted. 

(0) The position (title) in the business of the person fingerprinted. 
(P) The street address and city of the person fingerprinted. 

NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec- 
tion 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 
1 1-4-2002 or emergency language will be repealed by operation of law on the 
following day. 

2. New section with amendment of subsection (a) refiled 1 1^1—2002 as an emer- 
gency; operative 1 1^4—2002 (Register 2002, No. 45). A Certificate of Com- 
pliance must be transmitted to OAL by 3^1-2003 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 8-1 1-2003 (Register 2003, No. 33). 

§ 225.09. Financial Security Requirements. 

(a) Every applicant for issuance or renewal of a business partner per- 
mit shall submit the bond required by Vehicle Code section 
1 685(b)(2)(C) to the department on a Business Partner Automation Sure- 
ty Bond form, REG 866 (Rev. 4/2005), which is hereby incorporated by 
reference. 

(1 ) The surety bond shall be valid for the term of its BPA contract plus 
three (3) months. 

(2) A cash deposit as provided in Section 995.710 of the Code of Civil 
Procedure 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 six hundred and fifty thousand dollars ($650,000). 

(2) A first-line service provider shall maintain a bond in the amount 
of one million dollars ($1,000,000). 



Page 14.5 



Register 2007, No. 28; 7-13-2007 



§ 225.12 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



(3) A second-line business partner processing new vehicle reports of 
sale, vehicle transfer, vehicle license fee (VLF) refund, salvage, junk, or 
nonrepairable vehicle transactions or any combination thereof shall 
maintain a bond in the amount of fifty thousand dollars ($50,000). A se- 
cond-line business partner processing registration renewal transactions 
only shall maintain a bond in the amount of ten thousand dollars 
($10,000). 

(c) A business partner shall hold the State of California and any politi- 
cal subdivision thereof or any of its officers, agents, or employees harm- 
less for monetary losses caused by the business partner's misuse of the 
information obtained from the department or obtained from customers 
for transactions processed by the business partner and secured by the 
bond. 

(d) A rider for the surety bond may be accepted when adding proces- 
sing transaction(s) to the surety bond. 

(e) A business partner shall pay to the department monies collected by 
the business partner and due to the department, including any transaction 
fee imposed in regulation or statute by the State under Vehicle Code sec- 
tion 1685. 

(f) A business partner 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 business partner, its agents or employees arising out of or 
related to the business partner' s duties, functions or obligations as a busi- 
ness partner, in any amount up to the maximum amount secured under 
the bond, 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 business partner. 

(2) Information obtained from the department and customers and used 
for any purpose other than specified in the regulations or 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 business partner. 

(g) A cash deposit shall be released by the department five (5) years 
after the business partner ceases to do business in the BPA program or 
when the contract and permit expires and is not renewed and the depart- 
ment is satisfied that there are no outstanding claims and unsatisfied final 
judgments against the business partner arising out of or related to the du- 
ties, functions or obligations as a business partner. 

NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec- 
tion 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 
1 1-4-2002 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 1 1-4-2002 
as an emergency; operative 1 1-4-2002 (Register 2002, No. 45). A Certificate 
of Compliance must be transmitted to OAL by 3-4-2003 or emergency lan- 
guage will be repealed by operation of law on the following day. 

3. New section refiled 3-3-2003 as an emergency, including amendment of sub- 
section (a)(1), new subsection (b)(2) and subsection renumbering; operative 
3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be trans- 
mitted to OAL by 7-1-2003 or emergency language will be repealed by opera- 
tion of law on the following day. 

4. Certificate of Compliance as to 3-3-2003 order, including amendment of sub- 
sections (a)(1) and (a)(3) and new subsections (c)-(e)(3), transmitted to OAL 
6-27-2003 and filed 8-1 1-2003 (Register 2003, No. 33). 

5. Amendment filed 2-22-2006; operative 3-24-2006 (Register 2006, No. 8). 

§ 225.12. Business Partner Contract. 

(a) A business partner 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 re- 
quirements and the State Contracting Manual. 

(b) A BPA contract shall be in effect for thirty-six (36) months. A re- 
newal application and new BPA contract shall be required for each subse- 



quent permit. The renewal application process may be started one 
hundred and twenty (120) days before the BPA contract and permit ex- 
pire. 

(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: Sec- 
tions 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 
1 1-4-2002 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 1 1-4-2002 as 
an emergency; operative 1 1-4-2002 (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 8-1 1-2003 (Register 2003, No. 33). 

5. Amendment of subsection (b) filed 2-22-2006; operative 3-24-2006 (Register 
2006. No. 8). 

§ 225.15. BPA Permit Authority. 

(a) No person shall act as a business partner who is not a party to a cur- 
rently valid BPA contract. 

(b) 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 qualifications to 
enter into a BPA contract. 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. 

(c) The Authorized Business Partner Permit form, REG 4027 (Rev. 
6/2002) shall be displayed within view of the business partner's custom- 
ers. 

NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec- 
tions 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 
1 1-4-2002 or emergency language will be repealed by operation of law on the 
following day. 

2. New section with amendment of subsection (c) refiled 1 1-4-2002 as an emer- 
gency; operative 1 1-4-2002 (Register 2002, No. 45). A Certificate of Com- 
pliance 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). 

§ 225.1 8. Cause for Refusal to Enter into a Contract and 
Issue a Permit. 

(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 BPA contract 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 satisfac- 
tion of the department is good cause for the department to refuse to enter 
into a BPA contract with such applicant. 

(c) The information provided on a Statement of Personal History form, 
REG 4019 (Rev. 1 1/2002), the message(s) from DOJ in response to a fin- 
gerprint 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 Sec- 
tion 1685(b)(2)(B) of the Vehicle Code to participate in the BPA. 



• 



Page 14.6 



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Title 13 



Department of Motor Vehicles 



§ 225.30 



• 



(d) There is good cause for the department to refuse to enter into a BPA 
contract with a business partner applicant if the applicant, one of its own- 
ers 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 their BPA contract or failed to complete 
any of the audit requirements of Section 225.63 of these 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 Section 25 of the 
Vehicle Code. 

(8) Has permitted or engaged in fraudulent practices or acts, with refer- 
ence 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 Section 1685, of the Vehicle Code; Di- 
vision 5, (commencing with Section 1 1 1 00) of the Vehicle Code, has vio- 
lated Article 3, commencing with Section 1 800, 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 (10) years. 
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec- 
tions 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 
1 1 ^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 1 1-4-2002 
as an emergency; operative 1 1-4-2002 (Register 2002, No. 45). A Certificate 
of Compliance must be transmitted to OAL by 3-4-2003 or emergency lan- 
guage will be repealed by operation of law on the following day. 

3. New section refiled 3-3-2003 as an emergency, including amendment of sub- 
sections (c) and (d)(l 1); operative 3-3-2003 (Register 2003, No. 10). A Certifi- 
cate of Compliance must be transmitted to OAL by 7-1-2003 or emergency lan- 
guage 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 8-1 1-2003 (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)(l 1) filed 7-9-2007; operative 8-8-2007 (Regis- 
ter 2007, No. 28). 

§ 225.21 . Review of Criminal History Information. 

(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 histo- 
ry information provided by the California Attorney General pursuant to 
Section 1 1 105(b)(9) of the Penal Code. This information may be used as 
part of the department' s process in reaching a decision as it relates to Sec- 
tions 225.00 et seq. of these regulations. The BPA Administrator or de- 
signee will consider the "Occupational Licensing and Disciplinary 
Guidelines" (Rev. 3/98) incorporated by reference in Section 440.04, Ar- 
ticle 6. 1 . Chapter 1, Division 1, Title 13, of the California Code of Regu- 
lations 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: Sec- 
tion 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 
1 1-4-2002 or emergency language will be repealed by operation of law on the 
following day. 

2. New section with amendment of subsection (a) refiled 1 1^1-2002 as an emer- 
gency; operative 1 1 —4—2002 (Register 2002, No. 45). A Certificate of Com- 
pliance 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 8-1 1-2003 (Register 2003, No. 33). 

5. Amendment of subsection (a) filed 2-22-2006; operative 3-24-2006 (Register 
2006, No. 8). 

§ 225.24. Failure to Meet Security Requirements. 

The failure of an applicant or a business partner to comply with the in- 
formation 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 with such business partner applicant. 
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec- 
tion 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 
1 1-4-2002 or emergency language will be repealed by operation of law on the 
following day. 

2. New section refiled 1 1^1-2002 as an emergency; operative 1 1^4-2002 (Regis- 
ter 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 8-1 1-2003 (Register 2003, No. 33). 

§ 225.27. Transaction Access. 

(a) The processing of vehicle registration and titling transactions and 
issuing of vehicle registration indicia and documents by a business part- 
ner 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 busi- 
ness partner. 

NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec- 
tions 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 
1 1-4-2002 or emergency language will be repealed by operation of law on the 
following day. 

2. New section refiled 1 1^1-2002 as an emergency; operative 1 1-4-2002 (Regis- 
ter 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 8-1 1-2003 (Register 2003, No. 33). 

§ 225.30. Electronic Fund Transfer. 

(a) A business partner shall execute and comply with all terms and 
conditions of the Electronic Fund Transfer Authorization Agreement for 
Pre-Authorized Payments (09/04/02) (EFT contract) that provides for 
payment to the department of the fees collected by the business partner 
and due to the department. 



Page 14.7 



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§ 225.33 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



(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 firsi— 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 pay- 
ment of all fees collected for and due to the department. 

(3) When the department is notified by the financial institution of in- 
sufficient 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 insuf- 
ficient funds or closed account status, the business partner shall make a 
same-day reimbursement by wire transfer. The reimbursement shall in- 
clude the exact amount of the electronic billing, the thirty dollar ($30) (re- 
turned item) charge, wire transfer processing fee charged to the depart- 
ment by the depository, and any applicable bank service charges. 
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec- 
tion 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 
1 1^4-2002 or emergency language will be repealed by operation of law on the 
following day. 

2. New section with amendments refiled 1 l^f-2002 as an emergency; operative 
1 1-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be trans- 
mitted to OAL by 3-4-2003 or emergency language will be repealed by opera- 
tion 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). 

§ 225.33. Use and Retention of Information. 

(a) A business partner shall not use any information received from a 
customer or the department for any purpose other than the purposes au- 
thorized by this article. 

(b) AH information shall be treated as confidential or restricted in- 
formation and shall retain the protections provided by Vehicle Code sec- 
tions 1808.21, 1808.45, 1808.46 and 1808.47. 

NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec- 
tion 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 
1 1-4-2002 or emergency language will be repealed by operation of law on the 
following day. 

2. New section refiled 1 1-4-2002 as an emergency; operative 1 1-4-2002 (Regis- 
ter 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). 

§ 225.35. Renewal. 

(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 permit term: 

(1) A completed and signed Business Partner Automation Program 
Renewal Application form, REG 5056 (NEW 2/2005), which is hereby 
incorporated by reference. 

(2) A completed and signed Information Security and Disclosure 
Statement (Firm) form, EXEC 201 X (REV. 3/2003). 



(3) A copy of the business partner's valid occupational license form, 
OL 39 (REV 7/2004), if applicable. 

(4) A non-refundable renewal application fee of one hundred and 
ninety-eight dollars ($198). Checks shall be made payable to the Depart- 
ment of Motor Vehicles. 

(b) A renewal application shall be received within thirty (30) days of 
the expiration date on the BPA Permit form, REG 4027 (REV. 6/2002). 
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 ap- 
proval of the BPA renewal or original application. 
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec- 
tion 1685, Vehicle Code. 

History 
1 . New section filed 2-22-2006; operative 3-24-2006 (Register 2006, No. 8). 

§ 225.36. Change of First-Line Service Provider. 

(a) If a second-line business partner requests to change the first-line 
service provider identified in the BPA contract, the second-line business 
partner shall complete and submit to the BPA Program Administrator a 
request for a change in the BPA contract on the Business Partner Au- 
tomation Program Service Provider Change form, REG 4022 (Rev. 
1 1/2002), which is hereby incorporated by reference. The request shall 
be completed, signed and submitted to the BPA Program Administrator 
no less than twenty (20) days prior to any change of service provider. 

(b) 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. 

NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec- 
tions 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 
1 1-4-2002 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 emer- 
gency; operative 11^4-2002 (Register 2002, No. 45). A Certificate of Com- 
pliance 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 sub- 
section (a); operative 3-3-2003 (Register 2003, No. 10). A Certificate of Com- 
pliance 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 8-1 1-2003 (Register 2003, No. 33). 

§ 225.39. Business Partner Responsibilities. 

(a) First-line service providers shall be responsible for: 

(1) Providing oversight for their second-line business partners to en- 
sure they are in compliance with the terms and conditions of their BPA 
contracts. 

(2) Ensuring that their prospective second-line business partners sub- 
mit all application requirements pursuant to Section 225.03 of these regu- 
lations. 

(3) Ordering and distributing inventory for their second-line business 
partners. 

(4) Establishing an automated inventory tracking and assignment sys- 
tem to track accountable inventory shipped to the first-line service pro- 
vider or their second-line business partner. The automated inventory 
tracking and assignment system shall be capable of recording the date re- 
ceived, status, and location of all accountable inventory. 

(5) Tracking and monitoring the issuance of accountable and con- 
trolled 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. 



Page 14.8 



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Title 13 



Department of Motor Vehicles 



§ 225.42 



(7) Submitting comprehensive quarterly physical inventory reports 
for their second-line business partners on a "Physical Inventory Non- 
DMV Entities" form, ADM 1 75 A (Rev. 2/2000). 

(8) Establishing security awareness and education programs and mea- 
sures to ensure that all of their second-line business partners are aware 
of the first-line service provider's procedures for protecting the confi- 
dentiality of records. 

(9) Ensuring that all of their second-line business partners have imple- 
mented the physical security required in this article and by the BPA con- 
tract to prevent and discourage inadvertent or deliberate alteration, dis- 
closure, 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 indi- 
vidual 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. 

(1 6) 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 per- 
sons 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 se- 
cond-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: Sec- 
tions 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 
1 1-4-2002 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 1 1^1-2002 
as an emergency; operative 1 1-4-2002 (Register 2002, No. 45). A Certificate 
of Compliance must be transmitted to OAL by 3-4-2003 or emergency lan- 
guage 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. 

(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 Au- 



tomation Program Application for Changes form, REG 4026 (Rev. 
J 1/2002), which is hereby incorporated by reference. The completed and 
signed Business Partner Automation Program Application for Changes 
form shall be sent by US Mail or private courier to the Department of Mo- 
tor Vehicles, BPA Program Administrator, 2415 1st Avenue, MS E383, 
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 (5) days after the closure of the site. 

(2) Changing the business, corporate, or Limited Liability Company 
name. The business partner shall notify the BPA Program Administrator 
no more than twenty (20) days after the effective date of the name change. 

(3) Adding a site. A nonrefundable processing fee of one hundred and 
seventy-five dollars ($175) shall be submitted to the BPA Program Ad- 
ministrator with the Business Partner Automation Program Application 
for Changes form when a business partner adds a site after entering into 
a BPA contract. 

(4) Changing the address of a principal place of business or site. The 
business partner shall notify the BPA Program Administrator no less than 
twenty (20) days prior to the address change. 

(5) Adding an employee. A business partner shall not permit an em- 
ployee 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 (5) days after deleting an em- 
ployee from the BPA program. The business partner shall identify the 
reason for deleting an employee. 

(A) A business partner who terminates an employee for cause related 
to honesty, integrity, good character and reputation, pursuant to Vehicle 
Code section 1 865, shall notify the BPA Program Administrator no more 
than one (1) day after the termination date. 

(B) A business partner who terminates an employee for cause unre- 
lated to honesty, integrity, good character and reputation, pursuant to Ve- 
hicle Code section 1865, shall notify the BPA Program Administrator 
within five (5) day after the termination date. 

(7) Changing controlling director(s) and/or officer(s); changing mem- 
bers) of a Limited Liability Company; changing management and/or su- 
pervising BPA personnel; or changing partner(s) or stockholder(s). The 
business partner shall notify the BPA Program Administrator no more 
than twenty (20) days after the effective date of the change. 

(b) A business partner shall notify the BPA Program Administrator in 
a signed and written notification on business partner letterhead and sent 
by facsimile, US mail, or private courier at least twenty (20) days prior 
to the effective date of the following changes: 

(1) Change of "Doing Business As" (DBA) name. 

(2) Change of mailing address. 

(c) A business partner shall notify the BPA Program Administrator in 
a signed and written notification on business partner letterhead and sent 
by facsimile, US mail, or private courier no more than five (5) days after 
the effective date of the following changes: 

(1) Change of operations contact person. 

(2) Change of registered agent for service of process. 

(d) A business partner shall notify the BPA Program Administrator in 
a signed and written notification on business partner letterhead and sent 
by facsimile, US mail, or private courier at least sixty (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 EFT contract 
pursuant to Section 225.30 of these regulations. 

(e) The business partner shall notify the BPA Program Administrator 
in a signed and written notification on business partner letterhead and 
sent by facsimile, US mail, or private courier within seven (7) days of a 
change of telephone number. 



Page 14.9 



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§ 225.45 



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Title 13 



NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec- 
tions 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 
1 1-4-2002 or emergency language will be repealed by operation of law on the 
following day. 

2. New section with amendments refiled 1 1-4-2002 as an emergency; operative 
1 1 -4-2002 (Register 2002, No. 45). A Certificate of Compliance must be trans- 
mitted to OAL by 3^-2003 or emergency language will be repealed by opera- 
tion of law on the following day. 

3. New section refiled 3-3-2003 as an emergency, including amendment of sub- 
sections (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 8-1 1-2003 (Register 2003, No. 33). 

6. Amendment of subsection (a) filed 2-22-2006; operative 3-24-2006 (Register 
2006, No. 8). 

§ 225.45. Customer Fees. 

(a) A business partner shall complete a Business Partner Automation 
Disclaimer form, REG 4020 (Rev. 1/2004) 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 dis- 
close the amount of any optional Business Partnership Automation program fee 
to process transactions identified in Section 225.45(b)(1) through (3) of these reg- 
ulations 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 Ve- 
hicle Code Section 505.2, may disclose the amount of any optional Business Part- 
nership Automation program fee to process transactions identified in Section 
225.45(b)(1) through (3) of these regulations using the methods required under 
Section 330.30, of Title 1 3 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. 

(3) The Business Partner Automation Disclaimer form is hereby incor- 
porated by reference. 

(b) A customer may be charged the following maximum amounts for 
each type of transaction processed through to completion by a business 
partner. 

(1) Licensed vehicle dealers and licensed dismantlers may charge up 
to $25 for any transaction authorized under the Business Partnership Au- 
tomation Program, in addition to any other fees authorized by statute. 

(2) Licensed registration services may charge up to $25 for a registra- 
tion renewal, a substitute vehicle license plate and sticker, a substitute ve- 
hicle license plate sticker or new vehicle report of sale transaction, up to 
$75 for a junk vehicle transaction, and up to $75 for any other authorized 
transaction. 

(3) Salvage pools may charge up to $75 for salvage and non-repairable 
vehicle certificates. 

(c) Business partners are not authorized to charge a fee for Vehicle Li- 
cense Fee refund transactions. 

NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec- 
tion 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 
1 1-4-2002 or emergency language will be repealed by operation of law on the 
following day. 

2. New section with amendments refiled 1 1^—2002 as an emergency; operative 
1 1-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be trans- 
mitted to OAL by 3-4-2003 or emergency language will be repealed by opera- 
tion of law on the following day. 



3. New section refiled 3-3-2003 as an emergency, including amendment of sub- 
section (a); operative 3-3-2003 (Register 2003, No. 10). A Certificate of Com- 
pliance 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 8-1 1-2003 (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)(l )-(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). 

§ 225.48. Transaction Fee. 

(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 Ve- 
hicle Code section 1685, in the amount of three dollars ($3) 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 transac- 
tions 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 bill- 
ing notice shall be sent by traceable mail to the Department of Motor Ve- 
hicles, BPA Program Administrator, 241 5 1st Avenue, MS-E383, Sacra- 
mento, 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 desig- 
nated 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: Sec- 
tion 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). 

§ 225.51.. Information Security Requirements. 

(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 Ad- 
ministrators A AM VAnet conduit. A business partner, its owners and em- 
ployees 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 1 1015.5 and 
11019.9 of the Government Code, and any and all related statutes per- 
taining to information security. 

NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec- 
tion 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 
1 1-4-2002 or emergency language will be repealed by operation of law on the 
following day. 

2. New section with amendment of subsection (a) refiled 1 1^-2002 as an emer- 
gency; operative 11^1-2002 (Register 2002, No. 45). A Certificate of Com- 
pliance must be transmitted to OAL by 3^-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 sub- 
section (a); operative 3-3-2003 (Register 2003, No. 10). A Certificate of Com- 
pliance 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 8-1 1-2003 (Register 2003, No. 33). 



Page 14.10 



Register 2007, No. 28; 7-13-2007 



Title 13 



Department of Motor Vehicles 



§ 225.63 



5. Amendment of subsection (a) filed 7-1 5-2004: 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. 

A business partner shall process transactions and control inventory ac- 
cording to the "BPA Transaction Procedures and Inventory Require- 
ments Handbook (Revised April 2007), which is hereby incorporated by 
reference. 

NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec- 
tion 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 
1 1 ^ — 2002 or emergency language will be repealed by operation of law on the 
following day. 

2. New section with repealer and new section refiled 1 1^—2002 as an emergency; 
operative 11^-2002 (Register 2002, No. 45). A Certificate of Compliance 
must be transmitted to OAL by 3-^1-2003 or emergency language will be re- 
pealed by operation of law on the following day. 

3. New section refiled 3-3-2003 as an emergency, including amendments; opera- 
tive 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 8-1 1-2003 (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). 

§ 225.57. Inventory. 

[Reserved for future use.] 
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec- 
tion 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 
1 1-4-2002 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 1 1-4-2002 as an emergency; operative 1 1-4-2002 
(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. 

(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 
contract in which they pertain, for three (3) years following the termina- 
tion, cancellation or expiration of the BPA contract and during any ongo- 
ing 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 im- 
mediately made available during normal business hours to the depart- 
ment'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 busi- 
ness 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 loca- 
tion. 



(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 under the terms of the BPA contract are records of the depart- 
ment. 

NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec- 
tion 1685, Vehicle Code. 

HfSTORY 

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 
1 1-4-2002 or emergency language will be repealed by operation of law on the 
following day. 

2. New section with amendment of subsection (b)(1) refiled 1 1 ^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 sub- 
section (b)(1), transmitted to OAL 6-27-2003 and filed 8-1 1-2003 (Register 
2003, No. 33). 

§ 225.63. Audit Requirements. 

(a) A business partner shall hire an independent auditor to perform 
three (3) compliance audits during the term of the BPA contract. The au- 
dits 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 inde- 
pendent auditor shall keep confidential the department's business prac- 
tices obtained in the course of an audit. 

(1) The department may accept the Business Partner Automation Pro- 
gram Audit Self Certification form, REG. 4016 (NEW 12/2002), which 
is hereby incorporated by reference, in lieu of a compliance audit from 
second-line business partners only. 

(A) The second-line business partner shall submit a Business Partner 
Automation Program Audit Self Certification form, REG. 4016 (NEW 
12/2002) to the BPA Program Administrator. A copy of the form shall 
be submitted to the first-line service provider and the Audits Office at the 
address indicated in Section 225.63(c). 

(B) The Business Partner Automation Program Audit Self Certifica- 
tion form shall be submitted when an audit is due as set forth in Section 
225.63(a)(2) of these regulations. 

(2) An audit is required for each twelve (12) month period of the BPA 
contract. Each audit shall be completed within ninety (90) days of the end 
of each twelve (12) month audit period. A copy of the audit report, in- 
cluding any findings and recommendations, shall be submitted to the de- 
partment within sixty (60) days of completion of each audit. 

(3) The independent auditor shall be licensed as a certified public ac- 
countant in good standing in the state where the site is located. 

(4) The independent auditor shall not be part of the ownership or in- 
volved in the operation or overview of any part of the business partner's 
business(es). 

(b) The independent auditor shall sign a Representative Non-Disclo- 
sure Statement form, REG4028 (NEW 3/2002) agreeing to protect as 
confidential information all department records and information includ- 
ing, but not limited to, residence/mailing addresses. 

(1) The Representative Non-disclosure Statement form shall be kept 
with the business partner's BPA business records and available for audit. 

(2) The Representative Non-Disclosure Statement form is hereby in- 
corporated by reference. 

(c) The independent auditor shall provide the business partner audit re- 
port, the independent auditor's findings and any suggested corrective ac- 
tion plan or audit response developed by the business partner to the de- 
partment at the following address: Department of Motor Vehicles, Audits 
Office, P.O. Box 932328, MS H121, Sacramento, CA 94232-3890. 

(1) Audits of second-line business partners shall require that a copy 
of the audit report, findings and any suggested corrective action plan or 



Page 14.11 



Register 2007, No. 28; 7-13-2007 



§ 225.66 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



audit response be sent to the department and the first-line service provid- 
er 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 part- 
ner to perform an audit. This notice shall be sent within seven (7) days 
of release of the independent auditor. The signed and written notice on 
business partner letterhead shall be sent by facsimile, US mail, or private 
courier when an independent auditor is released from service. 

(e) A business partner's principal place of business shall be open dur- 
ing 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: Sec- 
tion 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 
1 1-4-2002 or emergency language will be repealed by operation of law on the 
following day. 

2. New section with amendments refiled 1 1-4-2002 as an emergency; operative 
1 1-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be trans- 
mitted to OAL by 3-4-2003 or emergency language will be repealed by opera- 
tion of law on the following day. 

3. New section refiled 3-3-2003 as an emergency, including amendment of sub- 
sections (a)(l X A) and (b); operative 3-3-2003 (Register 2003, No. 1 0). A Cer- 
tificate 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 sub- 
section (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)(l)-(a)(l)(A) and (c) filed 7-9-2007; operative 
8-8-2007 (Register 2007, No. 28). 

§ 225.66. Investigation and Review. 

(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 investi- 
gating the business partner's books and records, and charging and col- 
lecting 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 de- 
partment 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 con- 
tract is terminated, cancelled or expires. The examination, audit or inves- 
tigation may relate to any matter, including, but not limited to, proce- 
dures, 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 authorization to process transactions as a business 
partner. 

(c) Whenever the department examines, audits or investigates any 
business partner, that business partner shall pay, within thirty (30) days 
after receipt of a statement from the department, the reasonable costs in- 
curred 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 per- 
sons 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: Sec- 
tion 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 
1 1-4-2002 or emergency language will be repealed by operation of law on the 
following day. 

2. New section with amendments refiled 1 1-4-2002 as an emergency; operative 
] 1-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be trans- 
mitted to OAL by 3^1-2003 or emergency language will be repealed by opera- 
tion 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 8-1 1-2003 (Register 2003, No. 33). 

§ 225.69. Cancellation or Termination of a BPA Contract 
and Permit. 

(a) A first-line business partner and first-line service provider shall 
cancel a BPA contract and permit by notifying the BPA Program Admin- 
istrator in a signed and written notification on business partner letterhead 
and sent by facsimile, US mail, or private courier no less than thirty (30) 
days prior to the cancellation. 

(1) A second-line business partner shall cancel a BPA contract and 
permit by notifying its first-line service provider and the BPA Program 
Administrator in signed and written notifications on business partner let- 
terhead and sent by facsimile, US mail, or private courier no less than 
thirty (30) days prior to the cancellation. 

(b) The department may terminate a BPA contract and permit at any 
time without notice for any cause listed in Section 225.18 of these regula- 
tions. 

(1) A business partner terminated for cause may not submit a new ap- 
plication until one year after the date its BPA contract was terminated by 
the department for cause. 

(c) The department may terminate a BPA contract and permit without 
cause upon thirty (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, a busi- 
ness 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: Sec- 
tion 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 
1 1-4—2002 or emergency language will be repealed by operation of law on the 
following day. 

2. New section with amendments refiled 1 1-4—2002 as an emergency; operative 
1 1-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be trans- 
mitted to OAL by 3^-2003 or emergency language will be repealed by opera- 
tion 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 8-1 1-2003 (Register 2003, No. 33). 

§ 225.72. Voluntary Closing. 

(a) A first-line service provider shall comply with the following pro- 
cedures to close a site location within thirty (30) days of cancellation or 
expiration of the BPA contract: 

(1) The first-line service provider shall collect all unassigned account- 
able 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 175 A (Rev. 2/2000), 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 ac- 
countable inventory on the BPA Inventory Database system. 

(4) The first-line service provider shall return the Physical Inventory 
(Non-DMV Entities) form and all accountable inventory by trackable 



Page 14.12 



Register 2007, No. 28; 7-13-2007 



Title 13 



Department of Motor Vehicles 



§ 252.20 



• 



US mail or private carrier to: Department of Motor Vehicles, Automated 
Inventory Management Systems Unit, 2570 24th Street, MS G202, Sac- 
ramento, CA 94232-3820. 

(5) The first-line service provider shall return all controlled inventory 
by trackable US mail or private carrier to: Department of Motor Vehicles, 
Inventory Management, 420 1 Sierra Point Drive, Suite 1 1 2, Sacramento, 
CA 95834. 

(6) The first-line service provider shall return all transactions and sup- 
porting documentation by trackable US mail or private carrier to: Depart- 
ment of Motor Vehicles, Manager Field Office Support Unit, 2415 1st 
Ave. MS E250, Sacramento, CA 95818. 

(7) The first-line service provider shall return the permit by trackable 
US mail or private carrier to: Department of Motor Vehicles, BPA Pro- 
gram Administrator, 2415 1st Avenue, MS E383, Sacramento, CA 
95818. 

(b) A first-line business partner shall comply with the following pro- 
cedures to close a site location within thirty (30) days of cancellation or 
expiration of the BPA contract. 

( 1 ) The first-line business partner shall collect all unassigned account- 
able and controlled inventory from all branch site locations. 

(2) The first-line business partner shall complete a Physical Inventory 
(Non-DMV Entities) form, ADM175A (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 account- 
able inventory on the BPA Inventory Database system. 

(4) The first-line business partner shall return the Physical Inventory 
(Non-DMV Entities) form and all accountable inventory by trackable 
US mail or private carrier to: Department of Motor Vehicles, Automated 
Inventory Management Systems Unit, 2570 24th Street, MS G202, Sac- 
ramento, CA 94232-3820. 

(5) The first-line business partner shall return all controlled inventory 
by trackable US 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 sup- 
porting documentation by trackable US mail or private carrier to: Depart- 
ment of Motor Vehicles, Manager Field Office Support Unit, 2415 1st 
Ave, MS E250, Sacramento, CA 95818. 

(7) The first-line business partner shall return the BPA permit by 
trackable US mail or private carrier to: Department of Motor Vehicles, 
BPA Program Administrator, 2415 1st Avenue, MS E383, 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 busi- 
ness partner site location within thirty (30) days of cancellation or expira- 
tion of the BPA contract. 

(1) The second-line business partner shall collect all unassigned ac- 
countable and controlled inventory and return it to its first-line service 
provider within seven (7) days of the cancellation or expiration of the 
BPA contract. 

(2) The first-line service provider may redistribute the unassigned ac- 
countable 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 
(7) days of the cancellation or expiration of the BPA contract. The first- 
line service provider shall return all transactions and supporting docu- 
mentation by trackable US mail or private carrier to: Department of Mo- 
tor Vehicles, Manager Field Office Support Unit, 2415 1st Ave, MS 
E250, Sacramento, CA 95818. 

(4) The second-line business partner shall return the BPA permit by 

trackable US mail or private carrier to: Department of Motor Vehicles, 

BPA Program Administrator, 2415 1st Avenue, MS E383, Sacramento, 

CA 95818. 

Note. Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec- 
tion 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 
1 1-4-2002 or emergency language will be repealed by operation of law on the 
following day. 

2. New section refiled 1 1-4-2002 as an emergency; operative 1 1-4-2002 (Regis- 
ter 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 sub- 
sections (a)(6) and (c)(3); operative 3-3-2003 (Register 2003, No. 10). A Cer- 
tificate 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 8-1 1-2003 (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). 



Article 4. Occupational Licenses 

§ 250.00. Occupational License Application Requirements. 

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 ar- 
ticle. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1 102, 
11102.5, 11104, 11501, 11601, 11602, 11701 and 11704, Vehicle Code. 

History 

1 . Change without regulatory effect renumbering former section 41 4.00 to section 
250.00 and relocation of article heading filed 7-19-93 pursuant to title 1, sec- 
tion 100, California Code of Regulations (Register 93, No. 30). 

§ 250.02. Time Requirements for Submitting Application. 

An applicant for an occupational license or a licensee wishing to 
change an existing license shall submit the required forms to the depart- 
ment 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 1 1100, 
1 1500, 1 1600 and 1 1700, 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 Regu- 
lations (Register 93, No. 30). 

§ 252.10. Business License Definition. 

A business license is a license issued to any of the following catego- 
ries: Dealer, lessor-retailer, dismantles manufacturer, distributor or 
transporter. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1500, 
1 1600 and 1 1700, Vehicle Code. 

History 

1 . Change without regulatory effect renumbering former section 41 4. 1 to section 
250.10 filed 7-1 9-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 252.20. Business License Application Requirements. 

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. Excep- 
tion: 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 irregulari- 
ties. 

(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 enfran- 
chised to sell and the name or names and address of the manufacturer or 
distributor who has enfranchised the applicant. 



Page 14.13 



Register 2007, No. 28; 7-13-2007 



§ 252.30 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



(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 rea- 
son of the facts and circumstances could be directing, controlling, or 
managing the vehicle marketing affairs of the licensed entity in this state. 

( J ) Any person required to be identified in subdivision (e) above shall 
submit to the department a personal history statement and a set of proper- 
ly completed fingerprint cards on departmental forms. Exception: A cor- 
poration 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 de- 
partment, to submit fingerprint cards as part of the application. 

(2) The following information, but not limited to, shall be on the per- 
sonal 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 depart- 
ment 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 ei- 
ther a civil or criminal judgment rendered against it. 

(J) A statement disclosing whether the applicant, has ever been con- 
victed, 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 depart- 
ment 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 li- 
cense, the name of the manufacturer for whom the distributor will act, the 
names and business addresses of all representatives acting for the appli- 
cant in this state and the names and business addresses of all dealers in 
this state franchised by the applicant. Thereafter, all distributors shall in- 
form the department within 30 days of any change in the list of represen- 
tatives 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 ap- 
pointment requirement is not necessary when the applicant only wishes 
to determine if the department would grant the applicant a license be- 
cause of previous business or personal irregularities. 

[The next 



(k) Appropriate fees. 
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1501, 
11504, 11601, 11602, 11701, 11704 and 1 1712, Vehicle Code. 

History 

1 . Change without regulatory effect renumbering former section 41 4.20 to section 
252.20 filed 7-1 9-93 pursuant to title 1 . section 1 00, California Code of Regu- 
lations (Register 93, No. 30). 

§ 252.30. Time Requirements for Any Change in License. 

Every person holding a business license shall notify the department 
within 1 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 1 1704 
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 Regu- 
lations (Register 93, No. 30). 

§ 252.40. Branch Location Application Requirements. 

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 dis- 
tributor 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 41 4.40 to section 
252.40 filed 7-1 9-93 pursuant to title 1 , section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 253.02. License Renewal Terms. 

(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, Dismantles 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 
1 1704.5(c)(l ), in conjunction with the first two-year term license renew- 
al, 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 1 1202(a)(2), Vehicle Code. Ref- 
erence: Sections 11105, 11105.2, 11105.6, 11204, 11208, 11409, 11410, 11500, 
11508, 11601, 11620, 11 700 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). 

page is 15.] 



Page 14.14 



Register 2007, No. 28; 7-13-2007 



Title 13 



Department of Motor Vehicles 



§ 260.04 



Article 4.1. Advertising by Occupational 
Licensee 



§ 255.00. "Advertising" Defined. 

(a) In the broad context of Vehicle Code Section 1 1 7 J 3(a), any state- 
ment advertised refers to any statement, representation, act or announce- 
ment 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, repre- 
sentation, 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, Ve- 
hicle Code. 

History 
] . 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. 

"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, commis- 
sions, dealer advertising, or other costs. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1713 
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 Regu- 
lations (Register 93, No. 30). 

§ 255.02. "Demonstrator" Defined. 

A "demonstrator" is a vehicle specifically assigned by a dealer to be 
regularly used for the purpose of demonstrating qualities and characteris- 
tics 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 pro- 
spective 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, Califor- 
nia Code of Regulations (Register 93, No. 30). 

§ 255.04. Applicability. 

Unless otherwise provided, the provisions of Sections 255.00 through 
262.09 are intended to govern the advertising of all entities subject to li- 
censure 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, Ve- 
hicle 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, Califor- 
nia Code of Regulations (Register 93, No. 30). 

§ 260.00. Advertisements. 

Any advertised statements, representations, or offers made in connec- 
tion 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 Regu- 
lations (Register 93, No. 30). 



§ 260.01 . Vehicle Description. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 665, 
11614, 11713, 11713.1 and 1 1713.5, Vehicle Code. 

History 

1 . Change without regulatory effect renumbering former section 403.01 to section 
260.01 filed 7-1 9-93 pursuant to title 1, section 100, California Code of Regu- 
lations (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). 



§ 260.02. Vehicle History. 

(a) Express advertisements of a vehicle's prior use or ownership histo- 
ry must be accurate. 

(b) Former taxicabs, rental vehicles, publicly owned vehicles, insur- 
ance salvage vehicles and revived salvage vehicles shall be clearly iden- 
tified 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 reg- 
istration or sale before obtaining the buyer's signature on a purchase or- 
der 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 7-1 9-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 260.03. Vehicle Condition. 

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 Regu- 
lations (Register 93, No. 30). 

§ 260.04. Vehicle Availability. 

(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 deal- 
er'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 un- 
leased, 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 pur- 
chaser. 

(c) No manufacturer or distributor shall advertise vehicles for sale un- 
less such vehicles are available to franchised dealers within the meaning 
of subsection (a) of Vehicle Code Section 1 1713.2, 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 1 1614, 
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 Regu- 
lations (Register 93, No. 30). 



Page 15 



Register 2003, No. 8; 2-21-2003 



§ 260.05 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



§ 260.05. Vehicle Equipment. 

No specific vehicle shall be advertised as having special equipment or 
accessories unless such equipment or accessories are installed and opera- 
tive at the time of the advertisement. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1615 
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 Regu- 
lations (Register 93, No. 30). 

§ 260.07. Returned Vehicles. 

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 1 1613, 
1 1614. 1 1705 and 1 1713, 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 Regu- 
lations (Register 93, No. 30). 

§ 262.00. Dealer Price. 

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 Regu- 
lations (Register 93, No. 30). 

2. Repealer of subsections (c) and (d) filed 3-1 9-97; operative 4-1 7-97 (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. 

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, Califor- 
nia 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. 

A dealer may not identify a separate charge or charges for services per- 
formed 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 iden- 
tify 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 filed7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 262.05. Financing, Down Payment, and Trade-in 
Allowance. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1614, 
11705 and 1 1713, 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 Regu- 
lations (Register 93, No. 30). 

2. Amendment of section heading and new subsections (d)-(h) filed 3-19-97; op- 
erative 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. 

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 Regu- 
lations (Register 93, No. 30). 



Page 16 



Register 2003, No. 8; 2-21-2003 



Title 13 



Department of Motor Vehicles 



§ 268.06 



• 



• 



• 



2. Repealer filed 3-19-97; operative 4-17-97 (Register 97, No. 12). 

§ 262.07. Trade-in Allowances. 

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 7-1 9-93 pursuant to title 1, section 100, California Code of Regu- 
lations (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. 

Advertisements by dealers or lessor-retailers shall identify the dealer 
or lessor-retailer either by the name under which the licensee does busi- 
ness 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 Regu- 
lations (Register 93, No. 30). 

§ 262.09. Qualifying Statements. 

Qualifying statements used in connection with vehicle advertise- 
ments, 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 Regu- 
lations (Register 93, No. 30). 

Article 4.2. Vehicle Dealers 



§ 268.04. Dealer Examination Requirements. 

(a) All applicants for a vehicle dealer license subject to Vehicle Code 
Section 1 1704.5 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 1 1 704.5, at least one person who is part of the own- 
ership structure and who is required to submit a Personal History State- 
ment, 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 1 1704.5(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 partner- 
ships which are issued vehicle dealer licenses subject to Vehicle Code 
Section 11704.5. 

(b) The dealer examination shall cover the subjects specified in Ve- 
hicle 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 1 1721, Vehicle Code 
(6) DMV Enforcement Actions 

(A) Administrative 

(B) Criminal 

(C) Civil 

(c) All applicants shall be required to present a current California driv- 
er license (DL) or California identification card (ID) issued by the depart- 
ment 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 infor- 
mation contained on the applicant's dealer educational program comple- 
tion certificate, the applicant will not be allowed to take the dealer exami- 
nation. 

(d) Any applicant who fails the examination administered by the de- 
partment 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 1 1704.5, Vehicle Code. 

History 

1. New section filed 3-31-98; operative 3-31-98 pursuant to Government Code 
section 1 1 343.4(d) (Register 98, No. 14). 

2. Amendment of subsection (a)(2), repealer of subsection (c), subsection reletter- 
ing, and amendment of Note filed 5-14-2001 ; operative 6-13-2001 (Register 
2001, No. 20). 



§ 268.06. Dealer Educational Program Requirements. 

(a) All applicants for a vehicle dealer license subject to Vehicle Code 
Section 1 1 704.5 shall provide evidence to the department of having suc- 
cessfully 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 1 1704.5, at least one person who is part of the own- 
ership structure and who is required to submit a Personal History State- 
ment, 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 pro- 
gram 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 1 1704.5 must be a program which is ap- 
proved and certified by the department. 

(c) The educational program completed by dealer license applicants 
subject to Vehicle Code Section 1 1704.5 shall adequately cover the sub- 
ject areas specified in Vehicle Code Section 1 1704.5(a) and the addition- 
al 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 pro- 
gram requirements described in this article and in Vehicle Code Section 
1 1 704.5. All lesson plans approved by the department shall also substan- 
tially comply with the department's Lesson Plan Guideline for Used Ve- 
hicle Dealer Education Programs, OL 2000 (New. 8/97), which the de- 
partment 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 num- 
bered. 

(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. 



Page 17 



Register 2006, No. 7; 2-17-2006 



§ 268.08 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



(3) All lesson plans submitted for approval shall include a time sched- 
ule that specifies the time allotted to cover each subject area, the time al- 
lotted for break periods, and the time allotted for administrative activi- 
ties. 

(f) All educational program providers shall be responsible for revising 
their approved lesson plans as necessary to ensure that all required sub- 
ject areas presented reflect substantia] ongoing changes in relevant stat- 
utes, regulations or other requirements. 

(J) Any substantial change(s) to the lesson plan of an approved pro- 
gram 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 ap- 
proved 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 depart- 
ment'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 de- 
partment. 

(3) An educational program approved by the department shall remain 
certified only so long as the program continues to meet all program re- 
quirements 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 pro- 
gram corrections for all identified program deficiencies within the speci- 
fied 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 in- 
struction during which the issuing program was not certified by the de- 
partment 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 sub- 
jects which are required to be covered in the program. 

(1) A successful passing score of 70% on the final program examina- 
tion is required of all program participants prior to the issuance of a com- 
pletion 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 Cali- 
fornia 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 in- 
vestigators for official purposes relating to inquiries of program suffi- 
ciency 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. 

(a) Evidence of program completion shall consist of a completion cer- 
tificate 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 depart- 
ment. 

(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 li- 
cense 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 1 1704.5, 
Vehicle Code. 

History 

1 . New section filed 3-31-98; operative 3-31-98 pursuant to Government Code 
section 1 1343.4(d) (Register 98, No. 14). 

§ 268.10. Dealer Surety Bond Requirements. 

(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. 1 1/2004), 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 sel- 
ling less than 25 vehicles a year on a wholesale basis only shall submit 
the bond required in Section 268.1 2 of Title 13, California Code of Regu- 
lations. 

(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 re- 
quired by Vehicle Code section 1 1710(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 1 1710.1, Vehicle Code. 

History 
1. New section filed 2-14-2006; operative 3-16-2006 (Register 2006, No. 7). 



• 



Page 18 



Register 2006, No. 7; 2-17-2006 



Title 13 



Department of Motor Vehicles 



§ 272.02 



§ 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. 
(a) The bond required by Vehicle Code sections 11612 and 1 17 10 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 Ve- 
hicles Per Year), form OL 25B (REV. 12/2004), which is hereby incorpo- 
rated 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 ini- 
tial 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 re- 
quired 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 1 1612, 11710 and 1 1710.1, Vehicle Code. 

History 
1. New section filed 2-14-2006; operative 3-16-2006 (Register 2006, No. 7). 

§ 270.00. Place of Business. 

Before the department can issue any temporary permit or license or al- 
low such license to remain in force, the applicant's principal place of 
business and each branch location must conform to Vehicle Code Sec- 
tions 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 inven- 
tory 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 1 1713, 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. 

Dealer Branch is any location, other than the principal place of busi- 
ness of the dealer, maintained for the sale or exchange of vehicles. A 
branch location must comply with the requirements of Section 320 and 
Section 1 1709 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 Regu- 
lations (Register 93, No. 30). 

§ 270.04. Change of Location. 

Any dealer who changes the site of either the principal or a branch lo- 
cation must comply with all provisions of Vehicle Code Sections 320 and 
1 1 709, 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 Regu- 
lations (Register 93, No. 30). 



§ 270.06. Signs or Devices. 

The signs or devices identifying the dealership at each business loca- 
tion 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 rea- 
sonable climatic effects and be readable as provided for in Section J 1 709. 
A temporary sign or device may suffice when a permanent sign is on or- 
der. 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 1 1709, 
Vehicle Code. 

History 

1 . Change without regulatory effect renumbering former section 408.00 to section 
270.06 filed 7-1 9-93 pursuant to title 1 , section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 270.08. Display Area. 

(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 sign- 
ing requirement as identified in Vehicle Code Section 11709(a). 

(b) The provisions of Vehicle Code Section 1 1 709(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 shop- 
ping 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 ac- 
ceptance 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 with- 
out discrimination as to type of manufacture, make, or year of vehicle dis- 
played. 

(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, 

1 1705 and 1 1709, 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 Regu- 
lations (Register 93, No. 30). 

§ 272.00. Business Records. 

(a) Pertinent records of a licensed dealer which must be open to inspec- 
tion pursuant to Vehicle Code Section 320 are those records maintained 
in the regular course of business insofar as those records are directly con- 
cerned 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. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 320, Ve- 
hicle Code. 

History 
1 . Change without regulatory effect renumbering former section 4 1 0.00 to section 
272.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 272.02. Location of Business Records. 

A vehicle dealer may, at his option, maintain the business records of 
the dealership at the office of the principal place of business; or if the 
dealer has a branch location(s), records peculiar to that branch may be 



Page 19 



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§ 272.04 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



maintained either at such branch location or at the principal place of busi- 
ness. 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 lo- 
cation and granting the department authorization to inspect the records 
thereat. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 320, Ve- 
hicle Code. 

History 
1 . Change without regulatory effect renumbering former section 410.01 to section 
272.02 filed 7-19-93 pursuant to title I, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 272.04. Disclosure to Low Speed Vehicle Buyer. 

(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 Ve- 
hicle Safety Standards. 

(b) A vehicle dealer, selling a low speed vehicle, shall provide a disclo- 
sure 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 transac- 
tions. 

(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 wind- 
shield 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 speci- 
fied 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 1 1346.1(g) (Register 99, 
No. 20). 

3. New section filed 5-10-99; operative 5-10-99 pursuant to Government Code 
section 1 1343.4(d) (Register 99, No. 20). 

4. Change without regulatory effect amending Note filed 10-2-2000 pursuant to 
section 1 00, title 1 , California Code of Regulations (Register 2000, No. 40). 



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 4.21. Vehicle Lessor-Retailers 



§ 280.12. Lessor-Retailer Surety Bond Requirements. 

(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. 1 1/2004), which is hereby in- 
corporated by reference. The bond shall be subject to chapter 2 (com- 
mencing 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-re- 
tailer who deals exclusively with motorcycles shall submit the surety 
bond required in Section 268.12 of Title 13, California Code of Regula- 
tions. 

(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 re- 
quired 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. 



Article 4.22. Vehicle Manufacturers and 
Remanufacturers 

§ 285.06. Remanufacturer Surety Bond Requirements. 

(a) Every applicant for issuance or renewal of a remanufacturer license 
shall submit the bond required by Vehicle Code section 11710 on a Re- 
manufacturer Surety Bond, form OL 25 A (REV. 1 1/2004), which is here- 
by 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 re- 
quired 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). 

§ 290.00. Place of Business. 

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 deal- 
ers 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 de- 
termine the applicant's status as an actual manufacturer pursuant to Ve- 
hicle 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 manufac- 
turing 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. 

Pertinent books and records of a vehicle manufacturer as set forth in 
Vehicle Code Section 320 include, but are not limited to, invoices, certif- 
icates of origin, manufacturer's suggested retail price lists, vehicle iden- 
tification 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 41 1 .01 to section 
290.02 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu- 
lations (Register 93, No. 30). 



Page 20 



Register 2006, No. 7; 2-17-2006 



Title 13 



Department of Motor Vehicles 



§ 300.09 



Article 4.23. Vehicle Verifiers 

§ 292.06. Vehicle Verifier Surety Bond Requirements. 

(a) Every applicant for issuance or renewal of a vehicle verifier permit 
shall submit the bond required by Vehicle Code section 1 1301 on a Ve- 
hicle Verifier Surety Bond, form OL 26 (REV. 1 1/2004), which is hereby 
incorporated by reference. The bond shall be subject to chapter 2 (com- 
mencing 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 1 1308, Vehicle Code. Reference: Sec- 
tion 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 

§ 295.00. Place of Business. 

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 de- 
partment. 

(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 applica- 
tion along with the address of the principal place of business and thereaf- 
ter 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 de- 
partment may require such supporting documentary proof as it deems 
necessary to determine the applicant's status as an actual transporter pur- 
suant to Vehicle Code Section 320. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 

1 1701 and 1 1713, Vehicle Code. 

History 

1 . Change without regulatory effect renumbering former section 41 2.00 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. 

NOTE: Authority cited: Sections 1651 and 9853.2, Vehicle Code. Reference: Sec- 
tions 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 1 1-23-70 as an emergen- 
cy; effective upon filing (Register 70, No. 48). 

2. Certificate of Compliance— sec. 1 1422.1, 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. 

NOTE: Authority cited: Sections 1651 and 9853.4, Vehicle Code. Reference: Sec- 
tion 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 7-1 9-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 300.02. Proof of Ownership. 

NOTE: Authority cited: Sections 1651 and 9852, Vehicle Code. Reference: Sec- 
tion 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 Regu- 
lations (Register 93, No. 30). 

§ 300.03. Department Agents' Authorization. 

NOTE: Authority cited: Sections 1651 and 9858, Vehicle Code. Reference: Sec- 
tions 9858 and 9859, Vehicle Code. 

History 

1 . New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28). 

2. Chance 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 Regu- 
lations (Register 93, No. 30). 

§ 300.04. Definition of a Livery Boat. 

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 Regu- 
lations (Register 93, No. 30). 

§ 300.05. Definition of a Vessel Carrying Passengers for 
Hire. 

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 Regu- 
lations (Register 93, No. 30). 

§ 300.06. Definition of a Boat Manufacturer. 

NOTE: Authority cited: Section 165 1, Vehicle Code. Reference: Section 9840, Ve- 
hicle 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 Regu- 
lations (Register 93, No. 30). 

§ 300.07. Definition of a Boat Dealer. 

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 Regu- 
lations (Register 93, No. 30). 

§ 300.08. Certificates of Number for Dealer, Manufacturer, 
Livery Vessel and Vessel Carrying Passengers 
for Hire. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9850, 
9853, 9853.1-9853.3, Vehicle Code; CFR, Tide 33, Sections 173.27 and 174.19; 
and CFR, Title 46, Section 67.01-1 1. 

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 Regu- 
lations (Register 93, No. 30). 

§ 300.09. Terms and Conditions for Vessel Registration 
and Numbering. 

NOTE. Authority cited: Section 1651, Vehicle Code. Reference: Sections 9852, 
9853.1 , 9853.4, 9855 and 9858, Vehicle Code; and CFR, Title 33, Section 1 74.31 . 

History 
1 . New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28). 



Page 21 



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§ 300.10 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



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 Regu- 
lations (Register 93, No. 30). 

§ 300.1 0. Contents of Applications for Certificate of 
Ownership and Certificate of Number. 

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 Regu- 
lations (Register 93, No. 30). 

§ 300.1 1 . Contents of Certificate of Number. 

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 300.1 1 to section 

190.11 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 300.12. Validity of Certificate of Number. 

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 Regu- 
lations (Register 93, No. 30). 

§ 300.13. Removal of Stickers. 

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 300.1 3 to section 

190.13 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 300.14. Temporary Certificate of Number. 

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. 1 4 to section 

190.14 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 300.15. Hull Identification Numbers. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9871 
and 987 1 .5, Vehicle Code; and CFR, Title 33, Sections 1 8 1 .23, 1 8 1 .25, 1 8 1 .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 Regu- 
lations (Register 93, No. 30). 

§300.16. Fee-Exempt Boats. 

NOTE: Authority cited: Section 985 1 , Vehicle Code. Reference: Section 9851 , Ve- 
hicle 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 Regu- 
lations (Register 93, No. 30). 

§ 300.17. Recreational-Type Public Vessels. 

NOTE: Authority cited: Section 1 651, Vehicle Code. Reference: Section 9851, Ve- 
hicle Code; and CFR, Title 33, Section 1 73. 1 1 . 

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 7-1 9-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 300.1 8. Fee-Exempt Annual Renewal. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 9850, Ve- 
hicle 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 300.1 8 to section 
190.T8 filed 7-1 9-93 pursuant to title 1 , section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§300.19. Racing Vessels. 

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 

190.1 9 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 300.20. Livery Vessels. 

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 Regu- 
lations (Register 93, No. 30). 

§ 300.21 . Notification to the Department. 

NOTE: Authority cited: Section 165 1, 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 Regu- 
lations (Register 93, No. 30). 

§ 300.22. Surrender of Certificate of Number. 

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 Regu- 
lations (Register 93, No. 30). 

§ 301 .00. Non-Motorized Surfboard-Like Vessels 

Exempted Under Vehicle Code Section 9873(e). 

NOTE: Authority cited: Section 165 1, Vehicle Code. Reference: Section 9873, Ve- 
hicle 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 Regu- 
lations (Register 93, No. 30). 

§ 302.00. Proof Documents Re Lien Sale Vessels. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 9915, Ve- 
hicle Code. 

History 
1. New section filed 4-5-71; effective thirtieth day thereafter (Register 71, No. 
15). 



Page 22 



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Title 13 



Department of Motor Vehicles 



§ 304.12 



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 Regu- 
lations (Register 93, No. 30). 

Article 4.26. Vehicle Dismantlers 

§ 304.00. Place of Business. 

Before the department can issue any temporary permit or license or al- 
low such license to remain in force, the applicant's principal place of 
business and each branch location must conform to Vehicle Code Sec- 
tions 320 and 11513. 

(a) The office of the principal place of business and each branch loca- 
tion 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 1 1 5 14 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 41 3.01 to section 
304.00 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 304.02. Dismantler Branch Location Definition. 

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 165 1, Vehicle Code. Reference: Sections 220 and 

320, Vehicle Code. 

History 

1. Change without regulatory effect renumbering former section 41 4.60 to section 
304.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 304.04. Signs and Devices. 

The signs or devices identifying the firm at each business location as 
required pursuant to Vehicle Code Section 1 1514 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 construc- 
tion, 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 41 3.02 to section 
304.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 304.06. Dismantling Area. 

The dismantling area shall be in such proximity to the office of the dis- 
mantler to avoid confusion and uncertainty as to its relationship to the 
business. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 
11501 and 1 1509, Vehicle Code. 

History 
1 . Change without regulatory effect renumbering former section 41 3.03 to section 
304.06 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 304.08. Dismantler Report Forms. 

Books and forms furnished licensed vehicle dismantlers by the depart- 
ment pursuant to Vehicle Code Section 1 1505 shall be known as disman- 
tler's books f notice of acquisition and report of vehicle to be dismantled, 



and shall be submitted pursuant to the provisions of Vehicle Code Sec- 
tion 11520. 

(a) Dismantler's notice of acquisition shall be prepared in quadrupli- 
cate for disposition as follows: 

(1) The original shall be submitted to the Department of Motor Ve- 
hicles, Division of Registration, P.O. Box 1 3 1 9, Sacramento, CA 95806. 

(2) The first carbon copy shall be submitted to the Department of Jus- 
tice, 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 re- 
cords. 

(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 depart- 
ment, 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 re- 
cords. 

(3) The duplicate copy is blank, and requires no disposition. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1505 

and 11520, Vehicle Code. 

History 

1 . Change without regulatory effect renumbering former section 41 3.05 to section 
304.08 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 304.10. Acquisition of Cleared Vehicles. 

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, tempo- 
rary 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 opera- 
tions which include vehicles acquired from licensed vehicle dismantler 
sources that have already cleared such vehicles for dismantling in com- 
pliance with Vehicle Code Section 1 1520 need not repeat clearance pro- 
cess 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 41 3.06 to section 
304. 1 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 304.12. Business Records. 

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, inven- 
tory journals, documents prepared by a public entity for the ordering of 
towing, storing or disposal of vehicles, bills of sale, and all other docu- 
ments normally executed or maintained in transactions relating to the ac- 
quisition 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 safekeep- 
ing and the record is attached thereto which properly identifies the ve- 
hicle 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. 



Page 23 



Register 2006, No. 7; 2-17-2006 



§ 304.14 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320 and 

11520, Vehicle Code. 

History 

1 . Change without regulatory effect renumbering former section 41 3.07 to section 
304.12 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 304.14. Location of Business Records. 

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 disman- 
tler has a branch location(s), records peculiar to that branch may be main- 
tained 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 lo- 
cation and granting authorization to inspect the records thereat. 
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 320, Ve- 
hicle Code. 

History 
1 . Change without regulatory effect renumbering former section 41 3.08 to section 
304.14 tiled 7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 310.00. General Procedures When Fees Not Paid. 

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 3 1 0.04) filed 8-4-7 1 ; effective thirtieth day 
thereafter (Register 71, No. 32). 

2. Repealer filed 6-25-85; effective thirtieth day thereafter (Register 85, No. 26). 

§ 31 0.01 . Procedures When Fees Paid by Check Which Is 
Dishonored. 

History 
1 . Repealer filed 6-25-85; effective thirtieth day thereafter (Register 85, No. 26). 

§ 31 0.02. Procedures for Jeopardy Seizure. 

History 
1. Repealer filed 6-25-85; effective thirtieth day thereafter (Register 85, No. 26). 

§ 31 0.03. Notice After Jeopardy Seizure. 

History 
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26). 

§ 31 0.04. Conduct of the Hearing. 

NOTE: Authority cited: Section 1651, Vehicle Code; and Sections 11180, 11181 
and 11 182, 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 3 10.04 to section 
212.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

Article 4.3. Administrative Remedies 

§ 314.00. Monetary Penalties. 

(a) Dealer, Distributor, Manufacturer, Transporter, Salesperson. Pay- 
ment of the following monetary penalties may be required of an occupa- 
tional licensee pursuant to an agreement between the Director and the li- 
censee entered into under the authority of Vehicle Code Section 1 1707: 

(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, 1 1705(a)(6), 
11705(a)(7), 11705(a)(8), 11705(a)(ll), 11705(a)(12), 11709, 11712.5, 
11713(c), 11713(k), 11713.1(a), 11713.1(b), 11713.1(c), 11713.1(d), 
1 1715(f), 38200(a); any other provision not set forth in this section which 



establishes an administrative cause of action against an occupational li- 
cense. 

(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), 1 1705(a)(10). H705(a)(15), 
11705.4, 11712, 11713(a), 11713(b), 11713(e), 11713(f), 11713(g), 
11713(h), 11713(i). 11713(j), 11713(1), 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), 1 1 705(a)( 14), 
11705(a)(15), 11713(d), H713(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, 
11 509(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)(ll), 11509(a)(12). 

NOTE. Authority cited: Sections 1651, 11509.1 and 11707, Vehicle Code. Refer- 
ence Sections 11509.1 and 11707, Vehicle Code. 

History 

1 . Change without regulatory effect renumbering former section 420.00 to section 
3 1 4.00 and designating article 4.3 filed 7-1 9-93 pursuant to title 1 , section 1 00, 
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. 

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 misrepresen- 
tation and if the disciplinary order also places the license on probation, 
the order may include as a term or condition of probation that departmen- 
tal employees be allowed to post two notices of suspension in places con- 
spicuous 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 repre- 
sentation to the effect that vehicle sales or purchases have been sus- 
pended 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 42 1 .00 to section 
316.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 320.00. Vehicle Registration Records. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Division 3, Ve- 
hicle Code. 



Page 24 



Register 2006, No. 7; 2-17-2006 



Title 13 



Department of Motor Vehicles 



§ 320.18 



History 

1 . New article 3 (sections 320.00-320.1 3) filed 1 2-30-77 as an emergency; desig- 
nated 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 4-24-9 1 ; operative 5-24-91 (Register 
91, No. 25). 

§ 320.01 . Vessel Numbering and Registration Records. 

History 
1. Repealer filed 4-24-91; operative 5-24-91 (Register 91, No. 25). 

§ 320.02. Definitions. 

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 Regu- 
lations (Register 93, No. 30). 

§ 320.03. Address Elements. 

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 8-2 1-79; 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 Regu- 
lations (Register 93, No. 30). 

§ 320.04. Information Access. 

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 8-2 1-79; 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 Regu- 
lations (Register 93, No. 30). 

§ 320.05. Requester Code. 

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. 

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 
181 1, 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 4-24-9 1 ; operative 5-24-9 1 (Register 9 1 , 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 Regu- 
lations (Register 93, No. 30). 

§ 320.07. Certification of Requests. 

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. 

NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 
1 798.26, Civil Code. Reference: Sections 1 808.2 1 , 1 81 and 1 8 1 1 , 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 9 1 , No. 25). For 
prior history, see Register 79, No. 34. 

2. Change without resulatory effect renumbering former section 320.08 to section 
350.08 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 320.09. Withholding Information. 

History 

1 . Repealer filed 4-24-91; operative 5-25-91 (Register 91, No. 25). 

§ 320.1 0. Governmental Entity's Request for Information. 

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 Regu- 
lations (Register 93, No. 30). 

§ 320.1 1 . Retention of Request for Information. 

NOTE: Authority cited: Section 1798.26, Civil Code. Reference: Section 1 798.26, 
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 320.1 1 to section 320.48 filed 
4-24-91; operative 5-24-91 (Register 91, No. 25). 

§ 320.12. Priority for Processing Governmental Requests. 

NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 
1798.26, Civil Code. Reference: Sections 1810, 1810.7 and 181 1, 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. 1 2 to section 
350.1 2 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 320.13. Preliminary Investigation. 

History 
1. Repealer filed 8-3-82; effective thirtieth day thereafter (Register 82, No. 32). 

§ 320.14. Release of Information to Governmental Entity. 

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 Regu- 
lations (Register 93, No. 30). 

§ 320.16. Information Required on a Nongovernmental 
Application for a Requester Code. 

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 Regu- 
lations (Register 93, No. 30). 

§ 320.18. Additional Requirements for a Nongovernmental 
Application for a Requester Code. 

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 181 1 , Vehicle Code; and Section 1798.26, Civil Code. 

History 
1. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25). 



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2. Change without regulatory effect renumbering former section 320. 1 8 to section 
350. 18 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 320.20. Certifications Required with Nongovernmental 
Applications for Access to Residence Address 
Information. 

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;andCal.lur3d 109. 

HrSTORY 

1. New section filed 4-24-91; operative 5-25-91 (Register91, 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 Regu- 
lations (Register 93, No. 30). 

§ 320.22. Fees Required with an Application for a 
Nongovernmental Requester Code. 

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 Regu- 
lations (Register 93, No. 30). 

§ 320.24. Bond Requirements with an Application for a 
Nongovernmental Requester Code. 

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 Regu- 
lations (Register 93, No. 30). 

§ 320.26. Assignment of Commercial Requester Accounts, 
Requester Codes, and Personnel Identification 
Numbers to Nongovernmental Entities. 

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 181 1, 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 Regu- 
lations (Register 93, No. 30). 

§ 320.28. Nongovernmental Requester Code Holder's 
Request for Information. 

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 181 1, 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 Regu- 
lations (Register 93, No. 30). 

§ 320.30. Priority for Processing Nongovernmental 
Requests. 

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 Regu- 
lations (Register 93, No. 30). 



§ 320.32. Release of Information to Commercial Requester 
Account Holder. 

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 Regu- 
lations (Register 93, No. 30). 

§ 320.34. Additional Security Requirements for On-Line 
Access. 

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 Regu- 
lations (Register 93, No. 30). 

§ 320.36. Nonpreapproved Requests for Information. 

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 
4-24-9 1 ; operative 5-25-91 (Register 9 1 , No. 25). For prior history, see Regis- 
ter 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 Regu- 
lations (Register 93, No. 30). 

§ 320.38. Identification of Nonpreapproved Requesters. 

NOTE: Authority cited: Section 1 798.26, 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 
4-24-9 1 : operative 5-24-91 (Register 9 1 , No. 25). For prior history, see Regis- 
ter 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 Regu- 
lations (Register 93, No. 30). 

§ 320.40. Release of Information to Nonpreapproved 
Requester. 

NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 
1798.26, Civil Code. Reference: Sections 1808.47, 1810, 1810.7, 181 1, 1808.22 
and 1 808.23, Vehicle Code; Section 1 798.26, Civil Code; Section 6255, Govern- 
ment 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 Regu- 
lations (Register 93, No. 30). 

§ 320.42. Use of Information. 

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 l,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 Regu- 
lations (Register 93, No. 30). 

§ 320.44. Cost of Information. 

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 7-1 9-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 



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§ 320.46. Payment for Information. 

NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 
1798.26, Civil Code. Reference: Sections 1810 and 181 1, Vehicle Code; and Sec- 
tion 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 Regu- 
lations (Register 93, No. 30). 

§ 320.48. Retention of Records. 

NOTE: Authority cited: Section 1 798.26. Civil Code; Sections 1 65 1 and 1 8 1 0, Ve- 
hicle 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 (Reeister91, No. 25). For prior history, see Regis- 
ter 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 Regu- 
lations (Register 93, No. 30). 

§ 320.50. Inspection of Records. 

NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 
1 798.26, Civil Code. Reference: Sections 1 808.46, 18 1 and 1 8 1 1 , 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 Regu- 
lations (Register 93, No. 30). 

§ 320.52. Refusal, Suspension or Revocation of Requester 
Codes. 

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 Regu- 
lations (Register 93, No. 30). 

§ 320.53. Surrender of Records. 

NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 
1798.26, Civil Code. Reference: Sections 1810, 1810.2and 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 Regu- 
lations (Register 93, No. 30). 

§ 320.54. Temporary Suspension of a Requester Code. 

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 181 1, 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 Regu- 
lations (Register 93, No. 30). 

Article 4.5. Registration Services 

§ 330.00. Definitions. 

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 depart- 
ment 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 regis- 
tration 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 1 1401, 
1 1405 and 1 1406, 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 Regu- 
lations (Register 93, No. 30). 

§ 330.02. Information Required on a Registration Service 
Application for an Original License. 

(a) A complete original application for a registration service occupa- 
tional license shall be submitted to any departmental Occupational Li- 
censing Inspections Office with the fee required by Section 1 1409 of the 
Vehicle Code and any surcharge assessed by the department pursuant to 
Section 1 1350.6(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 
(1 1/00), provided by the department. Another department-approved ver- 
sion 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 corpo- 
ration. 

(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 com- 
pleted 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. 

(1 1) A list of all persons employed or otherwise engaged by a registra- 
tion service to perform registration work which shall include: 

(A) The true full name and residence address. 



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Title 13 



(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 applica- 
tion 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, own- 
ership or legal structure of the business. 

NOTE. Authority cited: Section 1651, Vehicle Code; and Section 1 1350.6, Wel- 
fare and Institutions Code. Reference: Sections 1 1400 and 1 1401, 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 Regu- 
lations (Register 93, No. 30). 

2. Amendment of subsections (a), (b), (b)(l 1)(E) and Note filed 3-23-95; opera- 
tive 4-24-95 (Register 95, No. 12). 

3. Amendment of subsections (a)-(b), (b)(4) and (b)(l 1)(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. 

(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 in- 
formation: 

(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 oris currently li- 
censed in California as a registration service; vehicle salesperson, repre- 
sentative, distributor, dealer, dismantler, manufacturer, remanufacturer, 
transporter, verifier, lessor-retailer; driving school owner, operator or in- 
structor; traffic violator school owner, operator or instructor; or all- ter- 
rain 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 li- 
cense number issued to the applicant shall be provided. 

(9) Whether or not the applicant has ever had a business or occupation- 
al license issued by the department or an application for such license re- 
fused, 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, sus- 
pended or subject to other disciplinary action. 



(A) When the applicant answers yes to subsection (b)(9), the occupa- 
tional 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 ren- 
dered against him/her and whether or not the judgment was a result of ac- 
tivity of the applicant's firm licensed by the department. 

(A) When the applicant answers that the judgment was a result of ac- 
tivity of the applicant's firm licensed by the department, the amount of 
the judgment and whether the judgment is paid or unpaid shall be pro- 
vided. 

(11) Whether the applicant was ever a partner, managerial employee, 
officer, director, or stockholder in a firm that had a civil judgment ren- 
dered against it and whether or not the judgment was a result of the activ- 
ity of the firm licensed by the department. 

(A) When the applicant indicates he/she was a partner, managerial em- 
ployee, 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. 

( 1 2) 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 of- 
fenses, within the last ten years. 

(A) When the applicant indicates he/she was convicted, placed on pro- 
bation, 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 un- 
der 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, Wel- 
fare 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, Califor- 
nia Code of Regulations (Register 93, No. 30). 

2. Amendment of subsection (a), new subsections (a)(1) and (b)(15), and amend- 
ment of Note filed 3-23-95; operative 4-24-95 (Register 95, No. 12). 

§ 330.06. Fingerprints. 

(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 sub- 
mitted 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. 



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§ 330.14 



(5) The sex, height, weight, eye color and hair color of the person fin- 
gerprinted. 

(6) The driver license or identification card number of the person fin- 
gerprinted 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. 

(1 1) The home address and telephone number of the person finger- 
printed. 

(c) Fingerprints are not required when the applicant is currently an oc- 
cupational licensee of the department or the applicant is a prior occupa- 
tional 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 1 1401, 
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, Califor- 
nia Code of Regulations (Register 93, No. 30). 

2. Amendment of section and NOTE filed 7-18-2003; operative 8-17-2003 (Reg- 
ister 2003, No. 29). 

§ 330.08. Registration Service Surety Bond Requirements. 

(a) Every applicant for issuance or renewal of a registration service li- 
cense 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 1 1403 shall be executed on an Ap- 
pointment 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 Regu- 
lations (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 (incorpo- 
rated 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. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section ] 1403, 
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, Califor- 
nia Code of Regulations (Register 93, No. 30). 

2. Repealer filed 2-14-2006; operative 3-16-2006 (Register 2006, No. 7). 

§ 330.1 2. Temporary Permit and License Issuance and 
Posting. 

(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 depart- 
ment 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 pro- 
vided 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 reg- 
istration service after the department reviews the application and the De- 
partment 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 li- 
cense 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 1 1400 
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, Califor- 
nia 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. 

(a) Every application for the renewal of a registration service license 
made by the licensee pursuant to the requirements of Section 1 1410(b) 
and (c) of the Vehicle Code shall be submitted to the department with the 
fee required by Section 1 1409 of the Vehicle Code and any surcharge as- 
sessed by the department pursuant to Section 1 1350.6(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 Re- 
newal, Form OL 45 (9/94) provided by the department. Another depart- 
ment-approved version of either of these forms with a different revision 
date shall be acceptable if the content of the form is in substantial com- 
pliance with the requirements of this section. The renewal form shall in- 
clude the following information: 

(1) A designation as to whether the type of ownership structure is indi- 
vidual owner, partnership or corporation. 

(2) The names and social security numbers of all owners, including in- 
dividual 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 li- 
cense 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, Wel- 
fare 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 
330.1 4 filed 7-19-93 pursuant to tit\e 1 , section 100, California Code of Regu- 
lations (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). 



Page 28.1 



Register 2007, No. 28; 7-13-2007 



§ 330.16 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



§ 330.16. Change of Business or Corporate Name. 

(a) Prior to changing the business or corporate name of a registration 
service, a request for change shall be submitted to the department for ap- 
proval. 

(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 corpo- 
rate 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 1 1409 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 tiled 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 cur- 
rently 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. 1 6 to section 
330. 1 6 filed 7-1 9-93 pursuant to title 1 , section 1 00, California Code of Regu- 
lations (Register 93, No. 30). 

§ 330.1 8. Addition of a Branch Office or Change of 
Address. 

(a) Prior to adding a branch office or changing the location of the prin- 
cipal 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 dis- 
closes 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 tele- 
phone number of the property owner. 

(6) Whether the added branch or the new branch location of the princi- 
pal 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. 1 8 to section 



330.1 8 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 330.20. Employee Changes. 

(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 no- 
tified prior to the submission of any registration work by the employee. 
The notification shall be submitted to an Occupational Licensing Inspec- 
tions Office with receipt acknowledged by a licensing inspector. 

(b) The notification shall be submitted on the Registration Service Ap- 
plication 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. 

(1 2) A statement, signed under penalty of perjury under the laws of the 
State of California that the owner accepts full responsibility for the ac- 
tions 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 Regu- 
lations (Register 93, No. 30). 

2. Amendment filed 7-18-2003; operative 8-17-2003 (Register 2003, No. 29). 

§ 330.21 . Change of Ownership. 

(a) A change of registration service ownership occurs when any per- 
son designated as a licensee has changed, other than a corporate officer 
change as described in Section 330.22. 



Page 28.2 



Register 2007, No. 28; 7-13-2007 



Title 13 



Department of Motor Vehicles 



§ 330.32 



• 



(1) The existing licensee of a registration service shall notify the de- 
partment within 10 days prior to the effective date of a change of owner- 
ship. 

(b) Any person holding a registration service license shall notify the 
department within 10 days prior to the effective date of a change of own- 
ership. 

(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 docu- 
ments and fees required by Section 1 1409 of the Vehicle Code and Sec- 
tions 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 ap- 
ply 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 330.2 1 filed 7-19-93 pursuant to title 1 , section 1 00, Califor- 
nia Code of Regulations (Register 93, No. 30). 

§ 330.22. Change in Corporate Officer Structure. 

(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 addi- 
tion 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 cor- 
rect. 

(c) The notification shall be submitted with the following items: 

(1) The fee required by Section 1 1409 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 1 1409, 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, Califor- 
nia Code of Regulations (Register 93, No. 30). 

§ 330.24. Signs. 

(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 subsec- 
tion (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 1 1401, 

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 Regu- 
lations (Register 93, No. 30). 



§ 330.26. Advertising. 

(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 of- 
fice, 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 ser- 
vice can influence the services of the department, affect the client's obli- 
gations 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 ob- 
tain reduced departmental fees. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 25 and 
1 1405, 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 Regu- 
lations (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 
1 1-1-96 (Register 96, No. 40). 

§ 330.28. Additional Services Provided. 

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 Regu- 
lations (Register 93, No. 30). 

2. Repealer filed 10-29-97; operative 1 1-28-97 (Register 97, No. 44). 

§ 330.30. Compensation Received by a Registration 
Service. 

(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 Regu- 
lations (Register 93, No. 30). 

§ 330.32. Submitting Fees and Documents to the 
Department. 

(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 depart- 
ment 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 registra- 
tion transaction to the department when such a delay would cause the fees 
to be subject to penalty by the department, except when specifically au- 
thorized by the client to delay submission, and provided that the autho- 
rized delay does not cause the submission to exceed seven departmental 
business days from the receipt of the fees. 



Page 28.3 



Register 2006, No. 7; 2-17-2006 



§ 330.34 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



(A) The registration service shall maintain in their records documenta- 
tion 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 busi- 
ness 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 de- 
scribed in subsection (j), (k), (/), or (m) of Section 330.32. 

(d) A registration service shall submit registration work only to an of- 
fice the registration service has been assigned to by the department. 

(e) Registration service employees shall present their state issued driv- 
er 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 individu- 
al 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 registra- 
tion service or an individual who refuses to provide identification to a de- 
partment employee as described in this section. 

(f) A client check made payable directly to the department shall be sub- 
mitted by the registration service to the department solely for the transac- 
tion^) 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)(ll)(E) and/or Section 330.20(b)(ll). A registration service 
that is a partici pant in the Business Partner Automation Program and only 
submits registration transactions electronically to the department is ex- 
cluded from this requirement. A registration service submitting a trans- 
action for a vehicle registered in the International Registration Plan 
(IRP), Permanent Fleet Registration Program (PFR), or Permanent Trail- 
er 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 1 126 (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 subdi- 
vision (i) of this section. 

(/) A registration service who enters into a contractual agreement with 
a dealer or dismantler, vessel agent, or lessor-retailer using the Registra- 
tion Transaction Authorization Agreement, Occupational Licensee/Ves- 
sel Agent, Form REG 600A (New 3/26/03), is excluded from the require- 
ment 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 1 3, 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 fi- 



nancial institution identified as the legal owner on the certificate of title 
of the vehicle may be submitted on the Transmittal of Registration Ap- 
plications, Form FO 247 (REV 5/97), provided each transmittal is ac- 
companied 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, Califor- 
nia 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 (Reg- 
ister 2005, No. 6). 

§ 330.34. Subcontracting and Responsibility. 

(a) No person other than an owner or an employee of a registration ser- 
vice 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 Regu- 
lations (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. 

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 Regu- 
lations (Register 93, No. 30). 

§ 330.40. Release of Information. 

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 re- 
cords. 

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 Regu- 
lations (Register 93, No. 30). 

§ 330.42. Information for Clients. 

(a) In addition to the requirements of Vehicle Code Section 1 1406, 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 informa- 
tion: 

( 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 ser- 
vice. 

(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. 



Page 28.4 



Register 2006, No. 7; 2-17-2006 



Title 13 



Department of Motor Vehicles 



§ 330.46 



(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 pre- 
pared the documents included in the transaction. 

(14) The name, business address, business telephone number, and sig- 
nature of the registration service owner or employee authorized to sign 
for the owner or management as described in Section 330.02(b)(J 1)(E) 
and 330.20(b)(9). 

(15) The true full name and signature of the authorized registration ser- 
vice 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 numeri- 
cal 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 re- 
cord 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 dis- 
tribution 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 submis- 
sion 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 dis- 
covery 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 Regu- 
lations (Register 93, No. 30). 

2. Repealer and new subsection (a), repealer of subsection (b), subsection reletter- 
ing, and amendment of newly designated subsections (a)(1), (b) and (c) filed 
10-2-96; operative 1 1-1-96 (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. 

(a) Pursuant to Section 1 1406(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 sub- 
mitted. 



(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 submit- 
ting 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 re- 
ceipt 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 regis- 
tration 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. 

(1 1) 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 Regu- 
lations (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. 

(a) Prior to returning any incomplete transaction to a client, a registra- 
tion service shall send a written request to the client for any documents, 
compensation or departmental fees necessary to complete the transac- 
tion. 

(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 re- 
quest 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. 



Page 28.5 



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§ 330.48 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



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(J ) 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 1 1406.5, 
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 Regu- 
lations (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 (Reg- 
ister 2003, No. 29). 

§ 330.48. Maintenance and Inspection of Business 
Records. 

(a) A registration service shall maintain the business records required 
to be retained by Section 1 1406 of the Vehicle Code and Sections 330.32, 
330.42 and 330.46 for four years from the date the transaction, any de- 
partmental 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 1 1406 of the Vehicle Code and Sections 330.32, 
330.42 and 330.46 at the principal place of business, except when the ser- 
vice has branch locations, records peculiar to each branch shall be main- 
tained at the appropriate branch location. 

(c) Upon approval by the department, records retained pursuant to sub- 
section (a) may be maintained at a business location other than as re- 
quired 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 lo- 
cation 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 loca- 
tion 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 au- 
thorization 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 1 1406 
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, Califor- 
nia 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. 

(a) When a registration service electronically maintains any of the re- 
cords required to be retained by Section 1 1406 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 1 1406 of the Ve- 



hicle Code and Sections 330.32, 330.42 and 330.46, the registration ser- 
vice shall notify the department in writing not later than 10 days after be- 
ginning 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 re- 
quired to be retained by Section 1 1406 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 1 1406 
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, Califor- 
nia Code of Regulations (Register 93, No. 30). 

§ 330.52. Registration Service Voluntarily Out of Business. 

(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 busi- 
ness 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 trans- 
actions prior to the closure of the business. 

(1) When a registration service fails to complete any pending transac- 
tions, the service shall notify in writing not later than the third departmen- 
tal 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 busi- 
ness for the registration service, a statement that all transactions pending 
with the registration service are required to be delivered to the depart- 
ment's local Division of Investigations and Occupational Licensing of- 
fice not later than the third departmental business day following the ser- 
vice' 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 Regu- 
lations (Register 93, No. 30). 

§ 330.54. Refusal to Issue, Suspension, Revocation or 
Cancellation of a License. 

(a) In addition to the conditions specified in Sections 1 1405 and 1 1408 
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 rea- 
sons: 

(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 1 1405 

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 Regu- 
lations (Register 93, No. 30). 

§ 330.56. Notices of Suspension. 

(a) When a registration service license is suspended pursuant to Ve- 
hicle Code Sections 1 1405 and 1 1408 or Section 330.54, it may be a con- 
dition of suspension that departmental employees be allowed to post two 



Page 28.6 



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Title 13 



Department of Motor Vehicles 



§ 340.10 



notices of suspension in places conspicuous to the public on each li- 
censed location where clients are received. 

(1) The notices shall remain posted until the termination of suspen- 
sion. 

(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 repre- 
sentation 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 receiv- 
ing clients, it may be a condition of suspension that the department pub- 
lish a notice of suspension in any newspaper to be selected by the depart- 
ment. 

(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, Califor- 
nia Code of Regulations (Register 93, No. 30). 

2. Amendment of subsections (a) and (b) filed 10-2-96; operative 1 1-1-96 (Reg- 
ister 96, No. 40). 

§ 330.58. Surrender of Records. 

(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 trans- 
actions 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 re- 
cords retained pursuant to Section 1 1406 of the Vehicle Code and Sec- 
tions 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 re- 
cords 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 cli- 
ent 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 1 1405 

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, Califor- 
nia Code of Regulations (Register 93, No. 30). 

§ 330.60. Certificate of Convenience. 

(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 ser- 
vice 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, ex- 
ecutrix, administrator, administratrix, surviving spouse or other heir en- 
titled 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 Regu- 
lations (Register 93, No. 30). 

Article 4.6. Driving Schools and Instructors 

§ 340.00. Licenses. 

(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 lim- 
ited to giving such instruction while in the employ of the driving school 
named in the application. The instructor's license must be readily avail- 
able 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, sus- 
pended or revoked. 

(c) An identification card will be issued with all driving instructor li- 
censes 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 re- 
voked, 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 surren- 
der the ID card, the employing driving school may so notify the depart- 
ment, 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, pay- 
ment of the required fee, and surrender of his/her instructor's identifica- 
tion 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 sub- 
mitted 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 11 105.5, 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, sec- 
tion 100, California Code of Regulations (Register 93, No. 30). 

§340.10. Applications. 

All applications for licenses under Chapter 1 , Division 5 (commencing 
with Section 11100) of the Vehicle Code shall be made on forms fur- 



Page 28.6(a) 



Register 2006, No. 7; 2-17-2006 



$ 340.13 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



nished 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 accom- 
panied by a medical examination report at least every three years. Evi- 
dence of possession of a valid Medical Examiner's Certificate may be ac- 
cepted 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 Regu- 
lations (Register 93. No. 30). 

§ 340.13. Driving School Owner or All-Terrain Vehicle 

Safety Training Organization Principal Surety 
Bond Requirements. 

(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 1 1 102 on 
a Driving School Owner or All-Terrain Vehicle Safety Training Orga- 
nization Principal Surety Bond, form OL 218 (REV. 1 1/2004), 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 ve- 
hicle safety training organization principal, and any doing business as 
(DBA) names under which the licensed activity is conducted, shall be en- 
tered on the bond. 

(c) The appointment of director as the agent for service of process re- 
quired by Vehicle Code section 1 1 102(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 1 1 102, Vehicle Code. 

History 

1. New section filed 2-14-2006; operative 3-16-2006 (Register 2006, No. 7). 

§340.15. Insurance Requirements. 

The certificate of insurance required by Vehicle Code Section 1 1 103 
shall be on a form prescribed by the department. A new insurance certifi- 
cate 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 of- 
fer 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 Regu- 
lations (Register 93, No. 30). 

§ 340.20. Place of Business. 

(a) Each applicant for licensing as a driving school owner shall desig- 
nate his/her place of business or branch location(s). Upon inspection and 
approval by the department, separate locations used by the school exclu- 
sively as classrooms will be granted an exemption from licensing as sepa- 
rate places of business. 

(b) A driving school branch location is any location, other than the 
principal place of business, maintained to provide driving school ser- 
vices. 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 loca- 
tion, provided a written instrument is filed with the department describ- 
ing such other location. 

(c) A driving school's established place of business and branch loca- 
tion^) 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 concern- 
ing the operation of the school. 

(e) At least twenty-four hours notice must be given the department be- 
fore any change in posted office hours. 

(f) Each school shall file an application with the department accompa- 
nied 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 1 1 1 13, Vehicle Code. Reference: Sec- 
tions 320, 1651, 11102, 11105.2 and 1 11 13, Vehicle Code. 

History 
1 . Chanae without regulatory effect renumberine former section 400.20 to section 
340.20 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 340.25. Driver Education Courses for Minors. 

(a) Any driver education course to be conducted for minors by a li- 
censed 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 contin- 
gent upon the school meeting and maintaining the following require- 
ments: 

1. AH 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 instruc- 
tion 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 follow- 
ing: 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 mag- 
netic board. 

10. Use at least five (5) motion picture films, video tapes, film strips, 
or slide presentations or any combination thereof approved by the depart- 
ment. The total presentation(s) must provide at least 100 minutes of ac- 
tual viewing time. 

11. Use textbooks approved by the department and provide one book 
per student participating. 

NOTE: Authority cited: Sections 1651 and 1 1 1 13, Vehicle Code. Reference: Sec- 
tion 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 Regu- 
lations (Register 93, No. 30). 

§ 340.27. Certificates of Completion for Minors. 

(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 depart- 
ment. 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 depart- 
ment 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 



Page 28.6(b) 



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Title 13 



Department of Motor Vehicles 



§ 342.02 



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 stu- 
dents described in paragraph (b) of this section shall retain a copy or tran- 
script 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 in- 
struction. 

NOTE: Authority cited: Sections 1651 and 1 1 1 13, Vehicle Code. Reference: Sec- 
tions 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 Regu- 
lations (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). 

§ 340.30. Equipment. 

(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 cer- 
tificate 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 re- 
pair automobiles by the Bureau of Automotive Repair or by an employee 
of a repair facility licensed by the Bureau of Automotive Repair. The cer- 
tificate must bear the signature and business address of the person mak- 
ing the inspection. A separate certificate must be submitted for each ve- 
hicle. Forms for this purpose shall be furnished by the department. 
Vehicle inspection certificates will be required on all replacement or add- 
ed 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 1 1 1 13, Vehicle Code. Reference: Sec- 
tions 1 1 102 and 1 1 109, Vehicle Code. 

HrSTORY 
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 Regu- 
lations (Register 93, No. 30). 

§ 340.40. Advertising. 

(a) The full official name of a driving school and the address of its es- 
tablished 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 ad- 
vertisement 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 depart- 
ment. 



(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 . Chanee 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 Regu- 
lations (Register 93, No. 30). 

§ 340.45. Instruction. 

(a) No licensee may conduct or permit any employee to conduct be- 
hind-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 maybe 
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 cir- 
cumstances with prior approval by the department. 

(b) No licensee may conduct or permit any employee to conduct be- 
hind-the-wheel instruction upon a highway for any person who does not 
have in his immediate possession a valid instruction permit (Student Li- 
cense, DL Form 1 18) or driver license. 

(c) No licensee may conduct or permit any employee to conduct be- 
hind-the-wheel instruction on a specific drive test route of any depart- 
mental office. 

NOTE: Authority cited: Sections 1651 and 1 1 113, Vehicle Code. Reference: Sec- 
tions 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 Regu- 
lations (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. 

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 Operat- 
ing 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: Sec- 
tions 11102.5, 11 104 and 11 1 13, Vehicle Code. 

History 

1 . Change without regulatory effect renumbering former section 40 1 .00 to section 
342.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 342.02. Departmental Approval of Instructor Training 
Course. 

All textbooks, visual aids, course curriculum and lesson plans used in 

instruction shall be approved by the department. 

NOTE: Authority cited: Sections 1651 and 11 113, Vehicle Code. Reference: Sec- 
tion 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 Regu- 
lations (Register 93, No. 30). 



Page 28.6(c) 



Register 2006, No. 7; 2-17-2006 



§ 342.03 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



§ 342.03. Course Monitoring by Department. 

Schools shall submit to the department their schedule of driving in- 
structor training courses. Department personnel may monitor all courses 
offered at any time. 

NOTE: Authority cited: Sections 1651 and J 1 1 13, Vehicle Code. Reference: Sec- 
tions 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 1 00, California Code of Regu- 
lations (Register 93, No. 30). 

§ 342.04. Proof of Satisfactory Completion. 

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: Sec- 
tions 1 1 104 and 1 1 1 1 3, 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 Regu- 
lations (Register 93, No. 30). 

§ 342.05. Continuing Professional Education. 

In lieu of a renewal examination every three-year period as provided 
in Sections 1 1 105(b)(2) and 1 1 105.1(b)(2) of the Vehicle Code, the de- 
partment 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 participa- 
tion must consist of a minimum of eighteen (18) hours within the preced- 
ing three (3) years. 

NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11105 
and 11 105.1, 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 Regu- 
lations (Register 93, No. 30). 

DELEGATED TESTING PILOT PROGRAM 
§ 343.00. Delegated Testing Pilot Program. 

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 O AL by 5- 1 7-96 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 
5-1 7-96 (Register 96, No. 20). A Certificate of Compliance must be transmitted 
to OAL by 9-1 6-96 or emergency Ian gauge will be repealed by operation of law 
on the following day. 

3. Certificate of Compliance as to 1-1 8-96 order transmitted to OAL 9-1 1-96 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: 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 1-1 8-96 order, including amendment of subsec- 
tions (a)(l)-(2), new subsection (a)(9) and subsection renumbering, and 
amendment of newly designated subsections (a)(10), (a)(l 1) and (a)(15), trans- 
mitted 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: Authority cited: Sections 1651 and 12507.1, Vehicle Code. Reference: 
Sections 11 1 10, "l 1 104 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 5-1 7-96 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 -1 8-96 order, including amendment of subsec- 
tion (a)(4), transmitted to OAL 9-1 1-96 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: 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 1-1 8-96 order transmitted to OAL 9-1 1-96 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 C California Code of Regulations (Register 2001, No. 10). 

§ 343.05. Advertising the Delegated Testing Pilot Program. 

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 -1 8-96 order transmitted to OAL 9-1 1 -96 and 
filed 10-18-96 (Register 96, No. 42). 

3. Certificate of Compliance as to 1-18-96 order, including amendment of subsec- 
tions (a)(8), (b), (c), (c)(2) and (c)(3), transmitted to OAL 9-1 1-96 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: 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 1-1 8-96 order, including amendment of subsec- 
tions (a)(8), (b), (c), (c)(2) and (c)(3), transmitted to OAL 9-1 1-96 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). 



Page 28.6(d) 



Register 2006, No. 7; 2-17-2006 



Title 13 



Department of Motor Vehicles 



§ 344.16 



STUDENT LICENSES 

§344.10. Definition. 

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: Sec- 
tion 12660, Vehicle Code. 

History 

1 . Change without regulatory effect renumbering former section 401 . 1 to section 
344.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 344.12. Driving School Authorizations. 

(a) A driving school currently licensed by the department and not on 
probation with the department may apply to the department at its head- 
quarters in Sacramento for authorization to issue student licenses. 

(1) The application for authorization shall be submitted on the Appli- 
cation 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 ad- 
dress of the principal place of business. 

(B) A list of the names, corresponding signatures and, when applica- 
ble, the occupational license number of all driving school employees des- 
ignated 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 de- 
scription of the device. 

(D) A statement that at least one employee is trained to conduct a vi- 
sion 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 op- 
erator, 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 let- 
ter of approval shall be sent to the driving school owner by the depart- 
ment 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 li- 
censes. 

( 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 Stu- 
dent 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 em- 
ployee shall not be authorized to issue student licenses pursuant to Sec- 
tion 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 ac- 
knowledgment of the receipt of the updated listing. 
NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec- 
tion 12660, Vehicle Code. 

History 

1. Change without regulatory effect renumbering and amending former section 
401 . 12 to section 344. 1 2 filed 7-1 9-93 pursuant to title 1 , section 100, Califor- 
nia Code of Regulations (Register 93, No. 30). 

§ 344.14. Description of Limitations. 

(a) A student license shall permit the limited operation of a class C mo- 
tor vehicle by the licensee to such times as the licensee is receiving driver 
training instruction at the direction and under the supervision of a li- 
censed 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 licens- 
ee is receiving driver training instruction. At such times, the student li- 
cense shall be maintained in the immediate possession of the student li- 
censee. 

(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: Sec- 
tion 12661, Vehicle Code. 

History 

I . 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 Regu- 
lations (Register 93, No. 30). 

§344.16. Applications. 

Any person 15 years of age or older may apply to an authorized driving 
school for a student license. Every applicant shall complete an applica- 
tion 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, resi- 
dence 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 re- 
current lapses, or whether the applicant has any disease, disorder, or dis- 
ability 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 alco- 
holic 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. 



[The next page is 28.7.] 



Page 28.6(e) 



Register 2006, No. 7; 2-17-2006 



Title 13 



Department of Motor Vehicles 



§ 344.24 



• 



• 



(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: Sec- 
tions 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 Regu- 
lations (Register 93, No. 30). 

2. Amendment of first paragraph and subsection (a)(5) filed 1 1-4-94; operative 
12-5-94 (Register 94, No. 44). 

§ 344.18. Verification of Name and Birthdate. 

(a) Upon application for a student license the driving school shall re- 
quire 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 Regu- 
lations (Register 93, No. 30). 

2. Amendment of subsections (a)(1)(A) and (a)(1)(F) and repealer and new sub- 
sections (a)(l)(B)-(C), (a)(1)(G) and (a)(l)(J) filed 11-4-94; operative 
12-5-94 (Register 94, No. 44). 

3. Amendment of subsection (a)(1), repealer of subsections (a)(l)(A)-(K), and 
amendment of Note filed 3-6-97; operative 4-5-97 (Register 97, No. 10). 

§ 344.20. Examinations. 

(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 adminis- 
tered by a licensed driving school instructor employed by the authorized 
driving school. The knowledge test shall provide to the instructor infor- 
mation 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 autho- 
rized 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 pos- 
session of the authorized driving school. The vision test shall determine 
if the applicant has distance vision of at least 20/40 in both eyes com- 
bined, 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 au- 
thorized driving school. The hearing test shall demonstrate to the em- 
ployee the applicant's ability to hear ordinary conversation with or with- 
out the use of a hearing device. 

(b) The results of each examination shall be noted on the student li- 
cense application by the person administering the test. 

NOTE: Authority cited: Sections 1 2660 and 12661, Vehicle Code. Reference: Sec- 
tions 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 Regu- 
lations (Register 93, No. 30). 



§ 344.22. Grounds Requiring Refusal. 

(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 be- 
cause 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 con- 
sciousness or an episode of marked confusion caused by any condition 
which may bring about recurrent lapses, or who has any physical or men- 
tal 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 infor- 
mation required in the student license application. 

(11) Who is under 1 7 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 depart- 
ment by the authorized driving school employee refusing the student li- 
cense. 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 ex- 
cluding Saturdays, Sundays and legal holidays of the date of application. 
NOTE: Authority cited : Sections 1 2660 and 1 266 1 , Vehicle Code. Reference: Sec- 
tions 12661 and 12805, Vehicle Code. 

History 

1 . Change without regulatory effect renumbering former section 40 1 .22 to section 
344.22 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu- 
lations (Register 93, No. 30). 

2. Amendment of subsection (a)(1) and new subsections (a)(l 1) and (a)(12) filed 
1 1-4-94; operative 12-5-94 (Register 94, No. 44). 

§ 344.24. Issuance, Content and Disposition. 

(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 driv- 
ing school issuing the student license. 

(G) The name and the signature of the authorized driving school em- 
ployee issuing the student license. 



Page 28.7 



Register 97, No. 10; 3-7-97 



§ 344.26 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



(b) Upon issuing the student license the authorized driving school em- 
ployee 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 disposi- 
tion 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 
dale. 

(4) The third copy shall be the Receipt for Applicant and shall be is- 
sued to the student licensee. 

NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec- 
tion 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, Califor- 
nia Code of Regulations (Register 93, No. 30). 

§ 344.26. Cancellations. 

(a) A student license may be cancelled by the driving school that is- 
sued 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 autho- 
rized driving school that issued the license when a license has been issued 
through error or when the student license applicant has provided false in- 
formation 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 stu- 
dent license. Both documents shall be forwarded together to the depart- 
ment 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: Sec- 
tion 12661, Vehicle Code. 

History 

] . 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 Regu- 
lations (Register 93, No. 30). 

§ 344.28. Fees and Purchasing. 

(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 op- 
erator shall also present a statement of permission to purchase student li- 
censes 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: Sec- 
tions 12660 and 12661, Vehicle Code. 

History 
1. Change without regulatory effect renumbering and amending former section 
401 .28 to section 344.28 filed 7-1 9-93 pursuant to title 1 , section 1 00, Califor- 
nia Code of Regulations (Register 93, No. 30). 

§ 344.30. Forms and Accountability. 

(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 li- 
cense 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 numeri- 
cal 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 co- 
pies and the receipt shall be forwarded to the department at its headquar- 
ters in Sacramento within 10 working days excluding Saturdays, Sun- 
days, and legal holidays of the date the license was voided. 

(C) Any lost or stolen student license shall be noted on the log in nu- 
merical sequence with the notation "lost" or "stolen." An authorized 
driving school shall forward a report to the department of any lost or sto- 
len 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 stu- 
dent license records and any unused student licenses shall be surrendered 
to the department. 

NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec- 
tion 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 Regu- 
lations (Register 93, No. 30). 

§ 344.32. Records Maintenance and Confidentiality. 

(a) Every owner of a driving school authorized to issue student li- 
censes shall maintain at the driving school's principal place of business 
the following records: 

(1) Every Application for Student License Issued by Authorized Driv- 
ing Schools which does not result in a referral to the department as speci- 
fied 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 li- 
cense 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. 



• 



Page 28.8 



Register 97, No. 10; 3-7-97 



Title 13 



Department of Motor Vehicles 



§ 345.02 



• 



NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec- 
tion 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, Califor- 
nia Code of Regulations (Register 93, No. 30). 

§ 344.34. Notice and Hearing. 

(a) Every driving school disapproved by the department to issue stu- 
dent licenses shall be entitled to a hearing upon demand in writing sub- 
mitted 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 stu- 
dent 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 Chap- 
ter 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: Sec- 
tions 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 Regu- 
lations (Register 93, No. 30). 

Article 4.7. Schools for Traffic Violators 

LICENSES AND APPROVALS REQUIRED 

§ 345.02. Traffic Violator School Owner. 

(a) A traffic violator school owner shall be licensed by the department 
before engaging and/or continuing to engage in any traffic violator 
school classroom instructional activities. To obtain an owner license an 
applicant shall: 

(1) Meet all of the requirements of Vehicle Code Section 1 1202. 

(2) Meet all of the application requirements pursuant to this section. 

(b) A traffic violator school owner shall be licensed as a traffic violator 
school operator before performing any of the operator duties described 
in Section 345.04(d), except under the emergency provisions described 
in Section 345.05. 

(c) A traffic violator school owner shall be licensed as a traffic violator 
school instructor before performing any of the classroom instructional 
services described in Section 345.06(d). 

(d) Any individual, partnership, corporation, public school, or other 
public agency may apply to the department to be licensed as a traffic vio- 
lator school by submitting a completed application to the department. A 
completed application shall be submitted in two parts. Part I shall be sub- 
mitted to the headquarters office of the department with payment of a 
nonrefundable application fee of $150 and shall contain the following: 

(1) Form OL 760 (Rev 4/94), Application For Traffic Violator School 
(TVS) Owner License: Part I. The application form shall contain the fol- 
lowing information: 

(A) Information as to the type of entity making the application: corpo- 
ration; partnership; sole proprietorship; public adult school, community 
college; or other public agency. 

(B) The proposed business name(s) under which the school will do 
business, DBA (doing business as). The department shall not approve a 
name which exceeds 35 spaces; which is so similar to an existing school 
names so as to cause confusion to the public, courts or the department; 
which includes punctuation marks, symbols or letters which are not used 
in accordance with standard accepted practices of English; or which is 
configured in such a manner as to give an obvious unfair business advan- 
tage on a traffic violator school classroom listing. The department shall 
not approve more than two names for any traffic violator school. The de- 



partment shall reserve the proposed name(s), as approved, for a period 
of one year from the application date. 

(C) The proposed business address and telephone number, if known, 
at the time of application. 

(D) Information specific to the type of business entity. If a corporation, 
the corporate name if different from the DBA name, the California corpo- 
ration number and the name, driver license number and residence address 
of each principal officer, board member and any stockholders who are 
active in the management, direction or control of the corporation. If a 
partnership, the partnership name if different from the DBA name, and 
the name, driver license number and residence address of each general 
partner. If a sole proprietorship, the name, driver license number, resi- 
dence address and residence telephone number of the sole owner. If a 
public school or other public educational institution, the name of the 
school district, the name of the school if different from the DBA name, 
and the name, driver license number and residence address of the admin- 
istrator who will be in charge of the traffic violator school operation. If 
another public agency, the name of the public agency, if different from 
the DBA name, and the name and telephone number of the administrator 
for the public agency who will be in charge of the traffic violator school 
operation. 

(E) The names and addresses of any other traffic violator, driving, or 
mature driver schools owned or operated by any individual, partnership, 
or corporation applying for ownership on the application. 

(F) A statement by the applicant, signed under penalty of perjury, that 
all statements made in Part I of the application and all attachments to the 
application are true and correct. 

(2) Form OL 29 (Rev 3/94), Application For Occupational License 
(Part B) Personal History Questionaire, completed pursuant to Section 
345.68 by each individual applying for ownership or as an administrator 
on the application. For partnerships, this requirement extends to all gen- 
eral partners. For corporations, this requirement extends to all principal 
officers, board members and stockholders active in the management, di- 
rection or control of the corporation. Also for corporations, form OL 754 
(Rev 8/91), Certificate For All Individuals Listed On Corporate Struc- 
ture, shall accompany the Personal History Questionaire and shall con- 
tain: the corporation name; the business name (DBA) of the traffic viola- 
tor 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 Questionaire. 

(4) Payment of a fingerprint processing fee, as described in Vehicle 
Code Section 1668(b), for each applicant. 

(5) A lesson plan, pursuant to Sections 345.30 and 345.34, for approv- 
al by the department. Part I of the application shall not be considered 
complete until the submitted lesson plan has been approved by the de- 
partment as specified in Section 345.34, Lesson Plan Requirements. If 
the department determines after evaluation that a proposed course curric- 
ulum does not meet department standards for approval, the applicant 
shall be notified of the reasons the course curriculum was not approved. 

(A) The applicant may submit a revised course curriculum two times 
for further evaluation. If, after the second revision is evaluated, the cur- 
riculum is not approved, the entire application shall be disapproved. 

(B) Any applicant whose application is disapproved as the result of 
disapproval of the curriculum may reapply at any time by filing a new 
original application and fee for owner license. 

(e) The department shall notify the applicant when Part I of the appli- 
cation is complete and shall provide the forms required to complete Part 
II of the application. Part II of the application shall be submitted to any 
department field investigation district office and contain the following: 

(1) Form OL 713 (Rev 3/92), Application for Traffic Violator School 
(TVS) Owner License: Part II, which shall contain the following infor- 
mation: 

(A) Name of individual, partnership, corporation, public school, or 
public agency. 



Page 28.9 



Register 2008, No. 10; 3-7-2008 



§ 345.04 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



(B) School name (DBA) and telephone number. 

(C) Business office address. 

(D) Mailing address of school, if different from the business address. 
A mailing address different from the school's primary business address 
will only be recognized and used by the department if certification from 
the post office that mail can not be delivered to the business address is 
submitted with the application. 

(E) Office hours and days office will be open. 

(F) The date by which the office will be operational. 
(G)Whether a classroom will be operated at the business-office site 

and, if yes, the judicial district in which the classroom is located. 

(H) If the business site is leased or rented, the property owner's name, 
address and telephone number and a copy of the lease or rental agree- 
ment. 

(1) The name, address and telephone number of the bank where the 
business account is carried, the name(s) of persons authorized to draw 
funds or issue checks from the account and, if the account is not carried 
under the school's DBA name, the name(s) under which the account is 
carried. 

(J) A statement, signed under penalty of perjury, certifying to the own- 
ership structure of the business, signed by each individual named in Part 
1 of the application, except that, for a corporation, it shall be signed and 
the corporate seal affixed by a corporate officer authorized to sign for the 
corporation. 

(K) A certification statement by the applicant, signed under penalty of 
perjury, that all information provided in Part II of the application and all 
attachments to the application are true and correct. 

(2) A surety bond or alternate security as specified in Sections 345.65 
or 345.66, except as provided in Vehicle Code Section 1 1202(c), regard- 
ing public schools or other public agencies. 

(3) Form OL751 (Rev 7/93), Application For Traffic Violator School 
(TVS) Operator License, completed pursuant to Section 345.04, or form 
OL 755 (Rev 9/06), Application for Change: TVS Operator License, 
completed pursuant to Section 345.22(b). An owner's license shall not 
be issued until the department determines that the applicant for operator 
meets the requirements for licensure. 

(4) Form OL 712 (Rev 3/94), Traffic Violator School Branch Business 
Office/Classroom Application, pursuant to Section 345.15, for each pro- 
posed branch business office and each proposed classroom and payment 
of a $70.00 nonrefundable fee for each branch business office and for 
each classroom which is located at a site other than that of the proposed 
principal business office or proposed branch business office. 

(5) 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 DBA, shall accompany the application. 

(6) A completed application for at least one instructor filed in accor- 
dance with Section 345.06, 345.13, or 345.26(b), whichever is applica- 
ble, or at least one completed Certification/Deletion of Public School In- 
structor, OL 609 (Rev 6/93), pursuant to Section 345.29, if the school is 
operated by a public school. A 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. 

(7) Form(s) OL 612 (Rev 8/92), Request For Court Approval Of Traf- 
fic Violator School (TVS) Name For Addition To TVS Classroom Loca- 
tion List or form(s) OL 61 1 (Rev 8/92), Request For Court Approval Of 
Substitute Traffic Violator School Name, for each judicial district in 
which the school will be holding classes. The school shall be listed on the 
TVS Classroom Location List only in those judicial districts for which 
the school name has been court approved. Each form, either OL 612 or 
OL 611, shall contain the following information: 

(A) School name, license number (if known), judicial district, school 
owner's name, school business address, school daytime telephone num- 
ber, the owner's signature and the date the owner signed the form. 

(B) The court's approval for use of the school name in the judicial dis- 
trict and the name of the judicial district, the county in which the judicial 



district is located, the court code for the judicial district, the signature of 
the judge/court administrator who formalizes the approval and the date 
the approval is signed. 

(C) The OL 61 1 shall also contain the school name previously disap- 
proved by the court. 

(8) A Certificate of Appointment, Form OL 602 (Rev 4/91), completed 
pursuant to Section 345.67. 

(1) Part II of the application shall not be considered complete until the 
primary business site and at least one classroom site have been approved 
by the department as specified in Section 345.74. 

(g) Upon completion of Parts I and II of the application, the department 
may issue a temporary operating permit pursuant to Vehicle Code Sec- 
tion 1 1210, pending completion of the department's evaluation of the 
background and qualifications of the applicant, provided there is no ap- 
parent reason for refusal of the license. 

(h) When the department determines that the applicant meets all quali- 
fications 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. 

(i) If the department determines that the applicant is not qualified pur- 
suant 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 tempo- 
rary permit is canceled, upon receipt of the notice. 

(j) An original traffic violator school owner license shall be valid for 
a period of one year. A renewal license may be issued for a period of up 
to two years, as described in Section 345.16(a), unless canceled, sus- 
pended 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, 11210and 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). 

§ 345.04. Traffic Violator School Operator. 

(a) A traffic violator school operator shall meet the requirements of 
Vehicle Code Section 1 1202.5 and be licensed by the department before 
engaging in the administration or other business activities of a traffic vio- 
lator school, except as provided in Vehicle Code Section 1 1 202(d), relat- 
ing to public schools. As used in Vehicle Code Section 1 1 202.5(a)(4), the 
term "bona fide labor organization" means an association, corporation, 
partnership, federation, or other organization of any kind, or an agency 
or employee representation committee or plan: 

(1) in which employees of an employer participate or have the right to 
participate; 

(2) which is concerned with workplace grievances, labor disputes, 
wages, benefits, rates of pay, hours of employment, or conditions of 
work; 

(3) which exists in whole or in part to accomplish any or all of such 
purposes through employee representation or collective bargaining; and 

(4) which is, or is affiliated with, a local, state, or national organization 
or federation recognized by any local, state, or federal governmental 
agency to accomplish any or all of such purposes. 

(b) A traffic violator school operator license authorizes the licensee to 
perform operator services only for the specific school named on the li- 
cense. 

(c) A traffic violator school operator may perform operator services 
for more than one school; however, the operator shall possess a valid li- 
cense for each school and all of the affected schools shall be fully aware 
of the multiple school arrangement, as described in Section 345.11. 



Page 28.10 



Register 2008, No. 10; 3-7-2008 



Title 13 



Department of Motor Vehicles 



§ 345.06 



(d) A traffic violator school operator shall play a major role in the oper- 
ation 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 re- 
cords; and genera] operations of the traffic violator school. 

(e) A traffic violator school operator shall be licensed as a traffic viola- 
tor school instructor before performing any of the classroom instruction- 
al services described in 345.06(d). 

(f) Any individual who qualifies as an operator pursuant to Vehicle 
Code Section 1 1202.5 may apply to be licensed by the department as an 
operator by filing a completed application with the department at any 
field investigation district 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 24 months 
from the date of application. 

(h) A completed application shall contain: 

(1) A nonrefundable application fee which is based on the number of 
months for which the license will be issued, as follows: 

(A) If the license will be valid for 12 months, the application fee is 
$100.00. 

(B) If the license will be valid for 13 to 15 months, the application fee 
is $112.50. 

(C) If the license will be valid for 16 to 18 months, the application fee 
is $125.00. 

(D) If the license will be valid for 19 to 21 months, the application fee 
is $137.50. 

(E) If the license will be valid for 22 to 24 months, the application fee 
is $150.00. 

(F) If the operator application is part of an original owner's applica- 
tion, the fee shall be $100.00. The expiration date shall be the same as the 
first expiration date of the owner's license. 

(2) An Application for Traffic Violator School (TVS) Operator Li- 
cense, form OL 75 1 (Rev 7/93). This application shall contain the follow- 
ing information: 

(A) The name, residence address, and daytime telephone number of 
the applicant. 

(B) The employing school's name, address, telephone number and of- 
fice hours. 

(C) The name of the school owner. 

(D) A statement, signed by the applicant under penalty of perjury, cer- 
tifying to age and completion of teaching experience pursuant to Vehicle 
Code Section 1 1202.5(a)(3) and (4) and that all of the information con- 
tained on the application is true and correct. 

(E) A statement, signed by the owner, certifying that the school intends 
to employ the applicant as school operator when the applicant is licensed. 

(3) A Personal History Questionnaire completed by the applicant pur- 
suant to Section 345.68. 

(4) One set of fingerprints pursuant to Section 345.72 and payment of 
a fingerprint processing fee, as described in Vehicle Code Section 
1668(b). 

(5) Evidence from an investigation field office that the written exami- 
nation was passed pursuant to Vehicle Code Section 1 1202.5(a)(2) with- 
in 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 twenty-four (24) 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 adminis- 
tered. 



(C) An applicant shall be provided the opportunity to review the writ- 
ten 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 ques- 
tions on the examination form in any manner. 

(i) When the application is complete, the department shall issue a tem- 
porary 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 dis- 
approved. 

(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 own- 
er's permit or license is issued. 

(j) If the department determines that the applicant is not qualified pur- 
suant 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 de- 
mand, pursuant to Vehicle Code Section 11211(b). 

(3) If a temporary permit has been issued, notification that the tempo- 
rary 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 re- 
quirements for licensure. The operator license shall be maintained at the 
school business office; the identification card shall be used for identifica- 
tion purposes by the operator. A traffic violator school operator license, 
when issued, is valid for up to two years, as described in Section 
345.04(g), unless suspended or revoked by the department. 
NOTE: Authority cited: Sections 1651, 1665 and 1 1202(a)(2), Vehicle Code. Ref- 
erence: Sections 626.6, 1 1200, 1 1202.5, 1 1204, 1 1206, 1 1208, 1 1210 and 1 121 1 , 
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)(l)-(4) filed 3-25-2002; 
operative 4-24-2002 (Register 2002, No. 13). 

§ 345.05. Replacement of a School Operator. 

A traffic violator school shall have only one operator licensed at any 
one time. If a traffic violator school's operator ceases to be licensed, or 
employment as the school operator is otherwise terminated, the school 
shall have thirty (30) days to comply with Vehicle Code Section 1 1202.5 
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, speci- 
fying 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, 345.1 1 or 345.22, and receive a temporary permit. 
NOTE: Authority cited: Sections 1651 and 11202(a)(2), Vehicle Code. Reference: 
Sections 626.6, 11202.5 and 1 1208, Vehicle Code. 

History 
1. Repealer and new section filed 10-26-94; operative 1 1-25-94 (Register 94, 
No. 43). For prior history, see Register 93, No. 30. 

§ 345.06. Traffic Violator School Instructor. 

(a) A traffic violator school instructor shall meet the requirements of 
Vehicle Code Section 1 1206 and be licensed by the department before 
engaging in traffic violator school instruction, except as provided in Sec- 
tion 1 1206(c) of the Vehicle Code. 

(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 ser- 
vices for more than one school; however, all of the affected schools, in- 



Page 28.10(a) 



Register 2008, No. 10; 3-7-2008 



§ 345.07 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



eluding 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 Section 1 1206(c) of the Vehicle 
Code. 

(d) In addition to instructional services, a traffic violator school in- 
structor, including public school instaictors, shall perform the following: 

(1) Ensure that the classroom standards described in Section 345.38 
are maintained at all times during the entire course. 

(2) Post all signs required by the department (Section 345.39(g) and 
(i), and Section 1 1202(e) of the Vehicle Code) in each classroom prior 
to commencing instruction. 

(3) Maintain evidence of licensure at all times while performing in- 
structional services. Possession of the instructor identification card, de- 
scribed in Section 345.06(g), 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 
designated field office of the department. A list of designated offices can 
be obtained from the headquarters office of the department. A completed 
application shall contain: 

(1) A nonrefundable application fee of $30 and a $1 Family Support 
Program fee under California Family Code Section 17520 for a total of 
$31. 

(2) An Application for Instructor's License Traffic Violator School 
(TVS), form OL 710 (Rev. 9/06). This application shall contain the fol- 
lowing information: 

(A) The type of application, whether the application is for an Original, 
Additional or Reinstatement license. 

(B) The true full name, mailing address and residence address of the 
applicant. If the applicant is requesting an additional license, the current 
Traffic Violator School instructor license number shall be provided. 

(C) The employing school's name (DBA), address, and school license 
number. 

(D) For Original and Reinstatement applications, a statement dated 
and signed under penalty of perjury under the laws of the State of Califor- 
nia certifying that the person signing the form is the owner, operator, or 
designated representative of the Traffic Violator School pursuant to Title 
13, Section 345.54 that will be employing the licensee named in the form, 
and that the licensee named in the form has been administered and suc- 
cessfully passed a written examination in accordance with Section 
345.07 of Title 13 of the California Code of Regulations and Vehicle 
Code section 11206. 

(E) A perjury statement pursuant to Civil Code of Procedure section 
2015.5 dated and signed by the owner or operator and an indication of 
whether the signature is of the owner or operator. 

(F) A perjury statement pursuant to Civil Code of Procedure section 
2015.5 dated and signed by the applicant. 

(3) A Personal History Questionnaire completed by the applicant pur- 
suant to Section 345. 68, of Title 13 of the California Code of Regulations. 

(4) One fingerprint card completed by the applicant pursuant to Sec- 
tion 345.72 and payment of a fingerprint-processing fee, as described in 
Vehicle Code Section 1668(b), for each applicant. 

(f) Applications must be completed in its entirety and properly signed 
pursuant to subdivision (e) of these regulations. Incomplete applications 
will not be processed and will be returned to the applicant within 10 busi- 
ness days with the reason why the application is incomplete. 

(g) When the application is complete, the department shall issue a tem- 
porary permit pursuant to Vehicle Code Section 11210, pending final re- 
view of the application, provided that: 

(1) There is no apparent reason for the application to be refused or dis- 
approved. 

(2) The employing school is currently licensed. If the employing 
school has not yet been licensed, the instructor's temporary permit or li- 
cense shall be issued when the owner's permit or license is issued. 



(h) Following the final review of the application, a license and an iden- 
tification card shall be issued to all applicants who meet the requirements 
for licensure. An instructor license shall be maintained at the school busi- 
ness office and the identification card shall be in the possession of the 
instmctor 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, pur- 
suant to any applicable statute or code, the department shall notify the ap- 
plicant 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 tempo- 
rary permit is canceled upon receipt of the notice. 

NOTE: Authority cited: Sections 1651, 1 1202(a)(2) and 1 1219, Vehicle Code; and 
Section 17520, Family Code. Reference: Sections 626.4, 1652, 11200, 11206, 
11206.5, 11207, 11208, 11210 and 1 1211, 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)(l)-(2), new subsection (e)(2)(A), subsection re- 
lettering, 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), subsec- 
tion relettering, amendment of newly designated subsections (e)(2)(E)-(F), re- 
pealer 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). 

§ 345.07. Traffic Violator School Instructor Examination 
Requirements. 

(a) The instructor examination shall be administered by the employing 
Traffic Violator School owner, operator or designated representative 
pursuant to Section 345.54 of these regulations. 

(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 op- 
portunity 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, operator or designated repre- 
sentative shall retain the examination taken by the student for 3 years. 

(e) The Traffic Violator School owner, operator or designated repre- 
sentative shall take steps to secure the examination questions and shall 
not allow the questions to be copied or otherwise reproduced in any man- 
ner 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. 

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). 

§ 345.08. Traffic Violator School Business Office and 
Branch Business Office. 

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; 



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§ 345.16 



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. 1 1202(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 1 1-25-94 (Register 94, No. 43). 

§ 345.09. Traffic Violator School Classroom. 

(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: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Sections 626.2, 1 1202(a)(4) and 11219, Vehicle Code. 

History 
1 . New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43). 

§ 345.10. Authorized Signatures. 

NOTE: Authority cited: Sections 1651 and 11202(a)(3), Vehicle Code. Reference: 
Section J 1213, Vehicle Code. 

History 

1. Change without regulatory effect renumbering former section 101 .10 to section 
345. 1 filed 7-1 9-93 pursuant to title 1 , section 1 00, California Code of Regu- 
lations (Register 93, No. 30). 

2. Renumbering of former section 345.10 to new section 345.54 filed 10-26-94; 
operative 11-25-94 (Register 94, No. 43). 

ADDITIONAL LICENSE APPLICATIONS 

§ 345.1 1 . Additional Operator License. 

An operator shall be licensed separately for each school by which he/ 
she is employed in the capacity of operator. To be licensed for an addi- 
tional school, the operator shall meet all requirements for an original li- 
cense pursuant to Section 345.04, except for submission of a fingerprint 
card. In addition to meeting the requirements for an original license pur- 
suant to Section 345.04, the applicant shall submit: 

(a) A letter of acknowledgment from each of the affected schools with 
the application. A letter of acknowledgment shall be signed by the owner 
and shall contain the following information: 

(1) The school name and license number. 

(2) The operator's name. 

(3) The name(s) of the other school(s) which will employ the operator. 

(4) A statement acknowledging that the operator will be licensed and 
employed as an operator for the school(s) listed. 

NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219 Vehicle Code. Ref- 
erence: Sections 11202.5 and 11208, Vehicle Code. 

History 
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43). 

§ 345.13. Additional Instructor License. 

An instructor shall be licensed separately for each school by which he 
is employed in the capacity of instructor, except as provided for in Sec- 
tion 11206(c) of the Vehicle Code. To be licensed for an additional 
school, the instructor shall meet all the requirements for an original li- 
cense pursuant to Section 345.06, except for submission of a fingerprint 
card. In addition to meeting the requirements of Section 345.06, the 
applicant shall: 

(a) Submit a letter of acknowledgment from each of the affected 
schools with the application. A letter of acknowledgment shall be signed 
by the owner, operator, administrator for a public school or agency, or 
other designated representative and shall contain: 

(1) The school name and license number. 

(2) The instructor's name. 

(3) The names of the other school(s) which will employ the instructor. 



(4) A statement acknowledging that the instructor will be employed as 
an instructor for the school(s) listed. 

(b) Pass a written examination pursuant to Section 345.06(e)(5). This 
requirement may be waived, provided that the applicant has passed the 
examination in the previous three years, or has submitted evidence of de- 
partment approved continuing education pursuant to Section 345.24 in 
the previous three years. 

NOTE: Authority cited: Sections 1651, 1665, 11202(a)(2) and 11219, Vehicle 
Code. Reference: Sections 1 1206, 1 1207 and 1 1208, Vehicle Code. 

History 
1. New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43). 

§ 345.15. Additional Branch Offices and Classroom 
Locations. 

(a) A traffic violator school owner may apply to the department at any 
field investigation district office to add branch business offices or 
classroom locations by submitting the following for each location: 

( 1 ) Traffic Violator School Branch Business Office/Classroom Appli- 
cation, form OL 7 12 (Rev 10/94), which shall contain the following in- 
formation: 

(A) Traffic violator school name, license number, address and busi- 
ness phone number. 

(B) New classroom address or new branch business office and, if a new 
classroom, the telephone number to be shown on the department's 
classroom listing. The telephone number shall be operational at the lime 
of application. 

(C) Name of county or judicial district in which the new classroom or 
branch office is located and, if the judicial district is one in which the 
school does not now operate, the court's approval for use of the school 
name in the new judicial district, on form OL 612 (Rev 8/92), Request 
For Court Approval Of Traffic Violator School (TVS) Name For Addi- 
tion to TVS Classroom Location List, or on form OL 61 1 (Rev 8/92), Re- 
quest For Court Approval Of Substitute Traffic Violator School Name, 
as described in Section 345.02(e)(7). 

(D) If location is rented or leased: the property owner's name, address 
and daytime telephone number; the type of facility; and a contact per- 
son's name at the facility and the contact person's daytime telephone 
number. 

(E) The proposed date for starting classes. 

(F) Self certification information for a new classroom regarding: ex- 
clusive use, lighting, seating and writing facilities, square footage, maxi- 
mum occupancy, maximum seating capacity, accessibility to students of 
disability, accessibility of restrooms, accessibility of parking or public 
transportation, consumption or advertising of alcohol on the premises, 
and distance from a court. 

(G) City and state in which the form is executed and date of execution. 

(H) A statement signed under penalty of perjury by the owner, opera- 
tor or authorized representative that the facility meets all safety regula- 
tions and requirements of state law and local ordinances. 

(2) A copy of a lease or rental agreement. 

(3) A nonrefundable application fee of $70. 

(b) The department shall notify the owner of the approval or disap- 
proval of the application subsequent to the inspection of the location pur- 
suant to Section 345.74. 

NOTE: Authority cited: Sections 1651. 11202(a)(2) and 11219, Vehicle Code. 
Reference: Sections 626.2, 11208 and 11213, 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. 

LICENSE RENEWALS, DUPLICATES AND CHANGES 

§ 345.1 6. Renewal of Owner License. 

(a) An original traffic violator school owner license shall expire one 
year from the date of issuance. 

(b) Branch business office and classroom licenses for each school ex- 
pire at the same time as the owner license, regardless of the application 
dates for the branch and classrooms. These licenses shall be renewed in 
conjunction with renewal of the owner's license. 



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§ 345.17 



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Title 13 



(c) An owner shall apply to the department at its headquarters office 
before the expiration date of the current license to renew the owner li- 
cense by submitting the following: 

(1) An Application for Renewal of Traffic Violator School (TVS) 
Owner License, form OL 701 (Rev 2/94). This application shall contain 
the following information: 

(A) A designation as to whether the type of ownership structure is sole 
proprietor, partnership, corporation, public school or other public 
agency. 

(B) The names, social security numbers, titles, and residence address 
of all owners, partners, principle corporate officers, board members, and 
stockholders active in the management, direction or control of the corpo- 
ration and public school or public agency administrators. 

(C) Whether any individual listed as an owner pursuant to Section 
345.02 has been convicted of any crime, misdemeanor or felony, since 
the expiring license was issued by the department. 

(D) A statement, signed under penalty of perjury by the owner or ad- 
ministrator if a public school or agency, certifying that the information 
on the application is true and correct. 

(2) An Application for Renewal of Traffic Violator School (TVS) 
Branch/Classroom Locations, form OL 737 (Rev 2/94). This application 
shall contain the following: 

(A) The traffic violator school's name and license number. 

(B) The traffic violator school's business office address and telephone 
number. 

(C) Whether classroom instruction is given at the business address. 

(D) The street address and judicial district for each branch business of- 
fice and for each classroom location to be renewed. 

(E) A statement, signed under penalty of perjury, by the owner or the 
administrator if a public school or agency, certifying that the classroom/ 
branch locations shown are true and correct. 

(d) Renewal applications submitted on or after the expiration date of 
the owner's license shall not be accepted or processed. An owner whose 
license has expired shall comply with all original licensing requirements 
prior to being relicensed by the department. 

NOTE: Authority cited: Sections 1651, 1665, 11202(a)(2) and 11219, Vehicle 
Code. Reference: 42 U.S.C. 405; Section 1 1 350.6, Welfare and Institutions Code; 
and Sections 626.8, 11204 and 1 1209, Vehicle Code. 

History 

1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43). 

2. Amendment of subsection (a), repealer of subsections (a)(l)-(a)(2)(D) and 
amendment of Note filed 12-16-2005; operative 1-1-2006 pursuant to Gov- 
ernment Code section 1 1343.4 (Register 2005, No. 50). 

3. Change without regulatory effect amending subsections (c)(1) and (c)(2) and 
repealing subsections (c)(3)-(c)(3)(B) filed 6-29-2006 pursuant to section 1 00, 
title 1 , California Code of Regulations (Register 2006, No. 26). 

§345.17. Duplicate Owner License. 

To replace a lost, stolen, or mutilated owner license, or identification 
card, the owner shall submit to the department a nonrefundable fee of $1 5 
and an Application For Traffic Violator School Change of DBA, Addi- 
tional DBA, Change of Business Address or Duplicate License, form OL 
736 (Rev 2/94), completed to contain the following information: 

(a) The owner's name. 

(b) The school's current DBA name, TVS license number and busi- 
ness telephone number. 

(c) The date the license or identification card was lost, stolen or muti- 
lated. 

(d) Whether the license or identification card was lost, stolen or muti- 
lated. 

(e) Whether the lost, stolen or mutilated document was the license, the 
identification card, or both. 

(f) A statement, signed under penalty of perjury by the applicant, that 
the information on the application is true and correct. 

NOTE: Authority cited: Sections 1651, 11202(a)(2), 11208(a)(4) and 11219, Ve- 
hicle Code. Reference: Sections 1 1208(a)(4), Vehicle Code. 

History 
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43). 



§345.18. Changes to Owner License. 

(a) A traffic violator school may apply to change its business name 
(DBA) or add a DBA as follows: 

(1) Submit, to the headquarters office of the department, a written re- 
quest for name approval. A business name is subject to department ap- 
proval pursuant to Section 345.02(d)(1)(B). 

(2) If the proposed name is approved by the department, the depart- 
ment shall notify the school within ten (10) days following approval or 
disapproval of the proposed name. The department shall reserve the pro- 
posed name as approved for the school for a period of one year from the 
date of request for approval. 

(3) After receipt of department approval of the proposed name, the 
traffic violator school shall submit, to the headquarters office of the de- 
partment, the following: 

(A) An Application For Traffic Violator School Change of DBA, Ad- 
ditional DBA or Change of Business Address, form OL 736 (Rev 2/94), 
which shall contain the owner's name(s), the proposed business name 
and judicial districts for which the name will be used, the telephone num- 
ber of the school's primary business office, and the traffic violator school 
license number. The application shall also contain a statement, signed 
under penalty of perjury by the owner or administrator if a public school 
or agency certifying that the information contained on the application is 
true and correct. 

(B) A rider to the traffic violator school's bond filed pursuant to Ve- 
hicle Code Section 1 1202(a)(3), reflecting the new or additional business 
name. 

(C) A nonrefundable application fee of $70, except that there shall be 
no fee to change a school business name for a licensed school if evidence 
is submitted with the application that the existing name was disapproved 
by a court pursuant to Vehicle Code Section 1 1205(d). 

(D) Form(s) OL 612 (Rev 8/92) or form(s) OL 61 1 (Rev 8/92) pursuant 
to Section 345.02(e)(7). 

(4) The school shall continue to do business under its current name un- 
til notified in writing by the department that the application has been ap- 
proved and until the license reflecting the new name is received from the 
department. 

(5) If achange of DBA is approved by the department, the revised li- 
cense shall not be sent to the school unless the new TVS Classroom Loca- 
tion List reflecting the new DBA is sent to the courts, if the school is add- 
ing a DBA, the revised license will be sent to the school when the 
application is complete and approved. 

(6) Within 30 days of receipt of the new owner license, the school op- 
erator and all licensed instructors employed by the school shall apply to 
the department to change the school name on their licenses to reflect the 
new school name, pursuant to Sections 345.22(a) and 345.26(a). 

(7) Any operator or instructor who fails to make application in the new 
school name within the prescribed thirty (30) day period will be consid- 
ered to be unlicensed and unable to perform operator or instructor duties 
until a new license is obtained. 

(b) A traffic violator school may apply to change its primary business 
location as follows: 

(1) Submit, to any field investigation district office of the department, 
a nonrefundable fee of $70 and an Application For Traffic Violator 
School Change of DBA, Additional DBA or Change of Business Ad- 
dress, form OL 736 (Rev 2/94), which shall contain the following infor- 
mation: 

(A) The owner's name(s). 

(B) The school name. 

(C) Telephone number of the school's primary business office. 

(D) The traffic violator school's license number. 

(E) The new street address of the business office. 

(F) The new mailing address of the business office if different from the 
street address. A mailing address different from the school's primary 
business address shall only be recognized and used by the department if 
certification from the post office that mail can not be delivered to the 
business address is included with the application. 



Page 28.10(d) 



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Title 13 



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§ 345.22 



(G) Former business address. 

(H) If the school does not own the property, the name and telephone 
number of the property owner. 

(1) Whether classroom instruction will be offered at this location. 

(J) The date that the location will be operationally complete and ready 
for inspection pursuant to Section 345.74. 

(K) Copy of lease or rental agreement. 

(L) A certification, signed under penalty of perjury, by the owner or 
other authorized individual, that the information contained on the appli- 
cation is true and correct to the best of his or her knowledge. 

(2) The department shall notify the applicant in writing when the loca- 
tion is approved for use or disapproved pursuant to Section 345.74. 

(c) A traffic violator school shall notify the department within 10 days 
of any change in corporate officer structure by submitting, to the head- 
quarters office of the department, a $70 nonrefundable application fee, 
a personal history questionnaire for each officer and/or director being 
added to the corporate structure pursuant to Section 345.68, one set of 
fingerprints for each officer and/or director being added to the corporate 
structure pursuant to Section 345.72, and payment of a fingerprint pro- 
cessing fee as described in Vehicle Code Section 1 668(b), for each appli- 
cant, and either: 

(1) A certified copy of the corporate minutes reflecting the change or 

(2) A Certification of Corporate Officers and/or Directors of Lieu of 
Corporate Minutes, form OL 15 (Rev 5/94), which shall contain the fol- 
lowing information: 

(A) The name of the corporation's secretary, the name of the corpora- 
tion and the state in which incorporated. 

(B) A list of all officers and/or directors being deleted from the corpo- 
rate structure. 

(C) A list of all officers and/or directors being added to the corporate 
structure. 

(D) A current list of the officer and/or directors in the corporate struc- 
ture. 

(E) The effective date of the change(s). 

(F) The business telephone number. 

(G) A certification that the information contained on the OL 15 is tme 
and correct, signed and dated by the secretary for the corporation. 

(d) A traffic violator school shall notify the department in writing at 
its headquarters of any other changes to the information contained on the 
Application for Traffic Violator School (TVS) Owner License or of any 
change of telephone numbers within 10 days of the change. 

NOTE. Authority cited: Sections 1651, 1665, 11202(a)(2) and 11219, Vehicle 
Code. Reference: Sections 1 1204, 11208 and 1 1213, Vehicle Code. 

History 
1. New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43). 

§ 345.20. Renewal of Operator License. 

(a) The term of a renewal license shall be two (2) years and the renewal 
fee shall be $100.00, unless the department notifies the operator at least 
sixty (60) days prior to renewal that the renewal license shall be issued 
for a term of less than two (2) years to align the expiration dates of the 
owner and operator licenses. The nonrefundable fee for renewal for any 
period less than two (2) years is as follows: 

(1) $50.00 if the license is termed to expire in 12 months. 

(2) $62.50 if the license is termed to expire 13 to 15 months. 

(3) $75.00 if the license is termed to expire 16 to 18 months. 

(4) $87.50 if the license is termed to expire 19 to 21 months. 

(5) $100.00 if the license is termed to expire 22 to 24 months. 

(b) An operator shall renew the operator license by submitting, to any 
field investigations office of the department, appropriate fees and an 
Application for Renewal of Traffic Violator School Operator License, 
form OL 756 (Rev 2/94). This application shall contain the following in- 
formation: 

(1) The name, address, driver license number, social security number, 
and daytime telephone number of the applicant. 

(2) The employing school's name and license number. 



(3) Whether the applicant has been convicted, fined, or placed on pro- 
bation for any crime, misdemeanor or felony, since issuance of the last 
license. 

(4) A statement, signed under penalty of perjury by the applicant, certi- 
fying that the information contained on the application is true and correct. 

(5) A statement, signed under penalty of perjury by the school owner, 
certifying that the applicant shall be employed by the school as operator. 

(6) Evidence from an investigation filed office that the written exami- 
nation was passed as required by Section 11202.5(a)(2) of the Vehicle 
Code, unless the operator has passed the written examination within the 
past 24 months. 

(c) Renewal applications submitted on or after the expiration date of 
the operator license shall not be accepted or processed. An operator 
whose license has expired shall comply with all original licensing re- 
quirements as described in Section 345.04 prior to being relicensed by 
the department. 

NOTE: Authority cited: Sections 1651, 1665, 11202(a)(2) and 11219, Vehicle 
Code. Reference: 42 U.S.C. 405; Section 1 1 350.6. Welfare and Institutions Code; 
and Sections 626.6, 1 1202.5, 1 1204 and 1 1208, Vehicle Code. 

History 
1. Renumbering of former section 345.20 to section 345.38 and new section filed 

10-26-94; operative 11-25-94 (Register 94, No. 43). For prior history, see 

Register 93, No. 30. 

§ 345.21 . Duplicate Operator License. 

To replace a lost, stolen, or mutilated operator license, or identification 
card, the operator shall submit to the department a nonrefundable fee of 
$15 and an Application For Change: TVS Operator License, form OL 
755 (Rev 9/06), completed to contain the following information: 

(a) The name, residence address, and daytime telephone number of the 
operator. 

(b) The operator's driver license number. 

(c) The operator's license number and expiration date of the license. 

(d) The date the license or identification card was lost, stolen or muti- 
lated. 

(e) The license number of the traffic violator school for which the li- 
cense was issued. 

(f) Whether the license or identification card was lost, stolen or muti- 
lated. 

(g) Whether the lost, stolen or mutilated document was the license, the 
identification card, or both. 

(h) A perjury statement pursuant to Civil Code of Procedure section 
2015.5 dated and signed by the applicant. 

NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Sections 1 1202.5 and 1 1208, Vehicle 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 first paragraph, repealer and new subsection (h) and amendment 
of Note filed 3-7-2008; operative 4-6-2008 (Register 2008, No. 10). 

§ 345.22. Changes to Operator License. 

A request for change to an operator license shall be submitted to an in- 
vestigation field office of the department, as follows: 

(a) When a traffic violator school changes its name, or adds a DBA, 
or changes the school address, the school operator's license shall also be 
changed to reflect the new school name or address. To change the school 
name or address on an operator license, the operator shall submit the cur- 
rent operator license and an Application For Change: TVS Operator Li- 
cense, form OL 755 (Rev 9/06) along with a nonrefundable fee of $15, 
except that there shall be no fee if the existing name was disapproved by 
a court pursuant to Section 11205(h) of the Vehicle Code. For a change 
of school name or address, the application shall contain the following in- 
formation: 

(1) The name, residence address and daytime telephone number of the 
operator. 

(2) The operator's driver license number. 

(3) The operator's license number and expiration date of the license. 

(4) The new school name. 

(5) The school's license number and current address. 



Page 28.10(e) 



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§ 345.23 



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Title 13 



(6) The former school name or address. 

(7) A perjury statement pursuant to Civil Code of Procedure section 
2015.5 dated and signed by the applicant. 

(b) An operator may transfer an operator license to another school by 
submitting to the department: 

(1) The current identification card. 

(2) An Application For Change: TVS Operator License, form OL 755 
(Rev 9/06). which shall contain the following information: 

(A) The name, residence address, and telephone number of the opera- 
tor. 

(B) The operator's driver license number. 

(C) The operator's license number and expiration date of the license. 

(D) The name, license number, and address of the new school. 

(E) The name and license number of the former school. 

(F) A statement, signed by the owner of the new school, requesting the 
department to issue the operator a license for the new school. 

(G) A perjury statement pursuant to Civil Code of Procedure section 
2015.5 dated and signed by the applicant. 

(3) A nonrefundable transfer fee based on the expiration date of the 
new license. The expiration date of a transferred operator license shall be 
changed to coincide with the new school's owner license expiration. In 
the event that this change would extend the expiration date of the existing 
operator license more than 12 months, or results in an expiration date 
more than 24 months from the issuance of the original or renewal license; 
the operator shall be required to renew the license in addition to the trans- 
fer. The transfer fee in such cases shall be $15.00 plus a fee pursuant to 
Section 345.20 for renewal. The fee for transfer of an operator license 
shall be $15.00 if the new license shall expire less than 30 days after the 
expiration date of the license being surrendered for transfer or if the new 
license shall expire before the license being surrendered. If the new li- 
cense issued expires 30 days or more after the prior expiration date, the 
fee for transfer shall be $15.00 plus a fee based on the number of months 
the term of the license is extended, as follows: 

(A) If the new expiration date extends the term of the license for 30 
days to 3 months, the additional fee shall be $12.50. 

(B) If the new expiration date extends the term of the license for 4 
months to 6 months, the additional fee shall be $25.00. 

(C) If the new expiration date extends the term of the license for 7 
months to 9 months, the additional fee shall be $37.50. 

(D) If the new expiration date extends the term of the license for 10 
months to 1 2 months, the additional fee shall be $50.00. 

(c) If an operator changes his or her name, the department shall issue 
an operator license in the new name. The operator shall submit an Appli- 
cation For Change: TVS Operator License, form OL 755 (Rev 9/06), and 
a nonrefundable $15 application fee to the department. The OL 755 shall 
contain the following information: 

( 1 ) The new name, residence address, and telephone number of the op- 
erator. 

(2) The operator's driver license number. 

(3) The operator's license number and expiration date of the license. 

(4) The operator's former name. 

(5) A perjury statement pursuant to Civil Code of Procedure section 

2015.5 dated and signed by the applicant. 

NOTE: Authority cited: Sections 1651, 1665, 11202(a)(2). and 11219, Vehicle 
Code. Reference: Sections 1652, 1665, 11202.5, 1 1208 and 11213, Vehicle Code; 
and Section 2015.5, Code of Civil Procedure. 

History 

1. New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43). 

2. Amendment of section and Note filed 3-7-2008; operative 4-6-2008 (Register 
2008, No. 10). 

§ 345.23. Renewal of Instructor License. 

(a) An instructor shall renew the instructor license by submitting a 
completed application to any specifically designated department field of- 
fice before the expiration date of the current license. A list of designated 



offices is available at the department's headquarters office. A completed 
application shall consist of: 

(1) A nonrefundable $30.00 application fee. 

(2) An Application for Renewal of Traffic Violator School Instructor 
License, form OL 740 (Rev 2/94). This application shall contain the fol- 
lowing information: 

(A) The name, address, driver license number, driver license expira- 
tion date, social security number, and daytime telephone number of the 
applicant. 

(B) The employing school's name and license number. 

(C) Whether the applicant has been convicted, fined, or placed on pro- 
bation for any crime, misdemeanor or felony, in the past three years. 

(D) A statement, signed by the applicant under penalty of perjury, cer- 
tifying that the information contained on the application is true and cor- 
rect. 

(E) A statement, signed by the school owner, operator or administrator 
under penalty of perjury, certifying that the applicant shall be employed 
by the school as an instructor. 

(3) Evidence from a field office that a written examination was passed 
within three attempts pursuant to Vehicle Code Section 1 1 206(a)(2), or 
evidence of continuing education pursuant to Section 345.24 or a state- 
ment that the applicant has passed a written examination within the past 
three years. Such statement shall be verified by the field office by calling 
the headquarters office of the department. 

(b) Renewal applications submitted on or after the expiration date of 
the instructor license shall not be accepted or processed. An instructor 
whose license has expired shall comply with all original licensing re- 
quirements, as described in Section 345.06, prior to being licensed by the 
department. 

NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: 42 U.S.C. 405; Section 1 1350.6, Welfare and Institutions Code; and 
Sections 11206, 1 1207 and 11208, Vehicle Code. 

History 
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43). 

§ 345.24. Continuing Professional Education. 

(a) In lieu of a renewal examination every three-year period as pro- 
vided in Section 11207(c)(2) of the Vehicle Code, the department shall 
accept either evidence of completion of a college level course in traffic 
safety, equivalent to two (2) semester units, or evidence of participation 
in traffic safety seminars, consisting of a minimum of eighteen hours, 
within the preceding three (3) years, as evidence of continuing profes- 
sional education. 

(b) In order to qualify a college level course for substitution for the 
written examination, the applicant shall submit the following directly to 
the department at its headquarters office no later than 60 days prior to the 
license expiration date: 

(1) A copy of the college transcript or training certificate showing 
completion of the course to be qualified. 

(2) A synopsis of the content of the course. 

(3) The department shall advise the applicant in writing of either ac- 
ceptance or rejection of the course within 15 days of receipt of the re- 
quired documentation. If approved, the applicant shall submit the ap- 
proval letter with the completed renewal application to any designated 
field office in accordance with Section 345.23(a)(3). 

(c) In order for a course provider to qualify a traffic safety course or 
seminar for continuing education credits, the provider shall submit a re- 
quest for approval in writing to the department at its headquarters office 
a minimum of 60 days prior to conducting the course. The request shall 
include the following: 

(1) A description of the subject matter of the traffic safety course or 
seminar, by segment or class. 

(2) The actual dates and times of each traffic safety course or seminar, 
including the duration of each segment, break and lunch period. Traffic 
safety courses or seminars shall be approved for credit towards the re- 
quired 18 hours at the rate of one hour of credit per hour of actual traffic 



Page 28.10(f) 



Register 2008, No. 10; 3-7-2008 



Title 13 



Department of Motor Vehicles 



§ 345.28 



safety related instruction. No credit shall be allowed for instruction time 
spent on unrelated subject matter. 

(3) The department will advise the provider in writing of the accep- 
tance, partial acceptance or rejection of the course or seminar within 15 
days of receipt of the required documentation. 

(4) Upon completion of a qualifying course or seminar, a roster identi- 
fying the attendees shall be submitted to the department at its headquar- 
ters office by the course provider no later than the 10th day following the 
course completion date. The roster shall include a statement to be signed 
by the provider certifying under penalty of perjury that all attendees satis- 
factorily completed the designated number of hours of training. 

(5) The provider of the training course shall also provide a document 
to each attendee which certifies that the individual completed an ap- 
proved traffic safety related course which specifies the actual hours com- 
pleted, the date(s) of the course, and names the specific segment(s) or 
class(es) completed. The applicant shall submit the completion certifi- 
cate issued by the provider with the completed instructor renewal appli- 
cation to any designated field office in accordance with Section 
345.23(a)(3). 

NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Section 1 1207(c)(2), Vehicle Code. 

History 

1. Renumbering and amendment of former section 345.25 to new section 345.24 
filed 10-26-94; operative 11-25-94 (Register 94, No. 43). 

§ 345.25. Duplicate instructor License. 

To replace a lost, stolen, or mutilated instructor license or identifica- 
tion card, the instructor shall submit to the department a nonrefundable 
fee of $15 and an Application For Change: TVS Instructor License, form 
OL 711 (Rev 6/93), completed to contain the following information: 

(a) The name, residence address, and telephone number of the instruc- 
tor. 

(b) The instructor's driver license number and expiration date. 

(c) The instructor's license number and expiration date of the licence. 

(d) The date the license or identification card was lost, stolen or muti- 
lated. 

(e) The license number of the traffic violator school for which the li- 
cense was issued. 

(f) Whether the license or identification card was lost, stolen or muti- 
lated. 

(g) Whether the lost, stolen, or mutilated document was the wall li- 
cense, identification card or both. 

(h) A statement, signed under penalty of perjury by the applicant, that 
the information on the application is true and correct. 
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Sections 1 1200, 1 1206, 1 1207 and 1 1208, Vehicle Code. 

History 

1 . Renumbering of former section 345.25 to section 345.24 and new section filed 
10-26-94; operative 11-25-94 (Register 94, No. 43). For prior history, see 
Register 93, No. 30. 

§ 345.26. Changes to Instructor Licenses. 

Any request for change to an instructor license shall be submitted to 
the headquarters office of the department as follows: 

(a) When a traffic violator school changes its business name, or adds 
a DBA, the school's instructor licenses shall also be changed to reflect 
the new business name. To change the school name on an instructor li- 
cense, the instructor shall submit to the department the current identifica- 
tion card, an Application For Change: TVS Instructor License, form OL 
71 1 (Rev 6/93), and a nonrefundable fee of $15, except that there shall 
be no fee if the existing name was disapproved by a court pursuant to Sec- 
tion 11205(h) of the Vehicle Code. For a change of school name, the 
application shall contain the following information: 

(1) The name, residence address and daytime telephone number of the 
instructor. 

(2) The instructor's driver license number and expiration date. 

(3) The instructor's license number and expiration date of the license. 

(4) The new school name. 



(5) The school's license number and current address. 

(6) The former school name. 

(7) A statement, signed by the applicant under penalty of perjury, that 
the information on the application is true and correct. 

(b) An instructor may transfer his instructor license to another school 
for the remainder of the license term by submitting to the department a 
nonrefundable application fee of $15 along with the current identifica- 
tion card and an Application For Change: TVS Instructor License, form 
OL 71 1 (Rev 6/93), which contains the following: 

(1 ) The name, residence address, and telephone number of the instruc- 
tor. 

(2) The instructor's driver licence number and expiration date. 

(3) The instructor's license number and expiration date of the license. 

(4) The name, license number, and address of the new school. 

(5) The name and license number of the former school. 

(6) A statement, signed under penalty of perjury by the owner or other 
designated representative of the new school, requesting the department 
to issue the instructor a license for the new school. 

(7) A statement, signed by the applicant under penalty of perjury, that 
the information on the application is correct. 

(c) If an instructor changes his or her name, the department shall issue 
an instructor license in the new name. The instructor shall submit the cur- 
rent identification card, an Application For Change: TVS Instructor Li- 
cense, form OL 711 (Rev 6/93), and a nonrefundable $15 application fee 
to the department. The OL 711 shall contain the following information: 

(1) The new name, residence address, and telephone number of the in- 
structor. 

(2) The instructor's driver license number and expiration date. 

(3) The instructor's license number and expiration date of the license. 

(4) The instructor's former name. 

(5) A statement, signed by the applicant under penalty of perjury, that 
the information on the application is true and correct. 

NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Sections 11200, 11206, 11207, 11208 and 11213, Vehicle Code. 

History 
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43). 

PUBLIC SCHOOLS/PUBLIC AGENCIES 

§ 345.27. Seasonal Closure of Public Schools. 

A public school that offers traffic violator school classes shall not be 
required to comply with Section 345.40(b) regarding monthly submis- 
sion of schedules, Section 340(e) regarding scheduling and offering a 
minimum of one class per location in a judicial district, or Section 
345.50(a)(1) or (2) regarding minimum office hours, during the time that 
the entire public school is closed to the public provided that: 

(a) the school offers classes only at the public school facility 

(b) the school notifies the department of the closure 60 days in advance 

(c) the school closure does not exceed two months in any twelve month 
period. 

NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Sections 11213, 11215.5 and 1 1219, Vehicle Code. 

History 

1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43). 

§ 345.28. Change of Administrator— Public 
Schools/Agencies. 

When the administrator of a public school, other public educational in- 
stitution or other public agency traffic violator school program changes, 
the school/agency shall report the change to the headquarters office of the 
department within five (5) business days of the change. The school/agen- 
cy shall be allowed thirty (30) days to select a new administrator and have 
that administrator file an Application For Traffic Violator (TVS) Admin- 
istrator Change, form OL 757 (Rev 12/91); pay a nonrefundable fee of 
$70.00; supply one set of the new administrator's fingerprints, pursuant 
to Section 345.72, and payment of a fingerprint processing fee, as de- 
scribed in Vehicle Code Section 1668(b); and submit a Personal History 



Page 28.10(g) 



Register 98, No. 18; 5 - 1 - 98 



§ 345.29 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



Questionnaire, form OL 29 (Rev 3/94), pursuant to Section 345.68. The 
application shall contain the following information: 

(a) The name of the school/agency and the DBA name, if different 
from the school/agency name. 

(b) The business address and telephone number of the school/agency 
and the mailing address, if different from the business address. 

(c) The name of the new administrator. 

(d) The name of the former administrator. 

(e) The effective date of the administrator change. 

(f) The driver license number, the residence address and the business 
telephone number of the new administrator. 

(g) A statement, signed by the new administrator under penalty of per- 
jury, that he/she is the administrator and that all information on the appli- 
cation is true and correct. 

NOTE: Authority cited: Sections 1651, 1 1202(a)(2) and 11219, Vehicle Code. 
Reference: Sections 11204, 11208 and 11213. Vehicle Code. 

History 

1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43). 



§ 345.29. Certification and Deletion of Instructors. 

(a) An instructor conducting classes for a public school or other public 
educational institution shall not be required to be licensed pursuant to 
Section 1 1206(c) of the Vehicle Code, provided that the department de- 
termines that the instructor has a valid teaching credential and sufficient 
background or training in traffic safety. The public school shall provide 
the department with the information necessary for this determination by 
submitting a Certification/Deletion of Public School Instructor, form OL 
609 (Rev 6/93), for each instructor at least 1 5 days prior to the instructor 
conducting a traffic violator school course. The OL 609 shall be com- 
pleted to include the following information: 

(1) The name of the public provider and the DBA name, if different 
from the name of the public school or other public educational institution. 

(2) The address of the public provider and its traffic violator school li- 
cense number. 

(3) The name and residence address of the added instructor. 

(4) The instructor's driver license number and expiration date. 

(5) The effective date of employment. 

(6) Evidence that the instructor has a valid teaching credential. Evi- 
dence shall be a copy of the credential attached to form OL 609 (Rev 
6/93). 

(7) Whether the instructor is employed at any other traffic violator 
school(s) and, if so, identification of the other school(s). A letter of ac- 
knowledgment from each of the affected schools shall be attached to the 
Certification/Deletion of Public School Instructor. A letter of acknowl- 
edgment shall be signed by the owner, operator, administrator if a public 
school or agency, or other designated representative and shall contain: 

(A) The school name and license number. 

(B) The instructor's name. 

(C) The names of the other school(s) which will employ the instructor. 

(D) A statement acknowledging that the instructor will be employed 
as an instructor for the school(s) listed. 

(8) A description of the traffic safety background of the instructor 
which indicates how and when the instructor obtained traffic safety expe- 
rience. 

(9) A statement, signed under penalty of perjury by the instructor, that 
the information provided on or attached to the form is true and correct. 

(10) A statement, signed under penalty of perjury by the traffic violator 
school administrator, that the information provided on or attached to the 
form is true and correct. 

(b) If the department determines, based upon the information sub- 
mitted on or attached to the OL 609, that the instructor is not qualified to 
instruct traffic violator school courses pursuant to Vehicle Code Section 
11206(c), the department shall notify the public provider of the disap- 
proval within 10 days of receipt of the OL 609, specifying the reason(s) 
for the disapproval. 



(c) Whenever an instmctor for a traffic violator school operated by a 
public school or other public educational institution ceases to be a traffic 
school instructor, the public provider shall notify the headquarters office 
of the department within ten (10) days following cessation by submitting 
a Certification/Deletion of Public School Instructor, form OL 609 (Rev 
6/93) completed to include the following information: 

(1) The name of the public provided and the DBA name, if different 
from the name of the public school or other public educational institution. 

(2) The address of the public provider and its traffic violator school li- 
cense number. 

(3) The name of the deleted instructor and the instructor's driver li- 
cense number. 

(4) The date the instructor ceased to instruct traffic school classes. 

(5) A statement, signed under penalty of perjury by the traffic violator 
school administrator, that the information provided on or attached to the 
form is true and correct. 

(d) For any instructor conducting classes for a public school or other 
public education institution prior to the effective date of this section, the 
public school shall be required, not later than 90 days after the effective 
date, to submit an OL 609 to the department completed to include the in- 
formation required by subdivision (a)(1) through (5) and (a)(9) and (10). 
No other verification shall be required. 

NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Section 1 1206(c), Vehicle Code. 

History 
1. New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43). 

CURRICULUM AND LESSON PLANS 

§ 345.30. Curriculum Content. 

(a) A traffic violator school shall provide a minimum of 400 minutes 
of traffic safety related classroom education, exclusive of class registra- 
tion, lunch, rest breaks, issuance of completion certificates and subjects 
not related to traffic safety. The following traffic safety subjects shall be 
included in each 400 minute course offered by a traffic violator school: 

(1) The common sense of driving. 

(2) Use and Maintenance of required safety equipment. 

(3) Defensive driving. 

(4) Established speed laws. 

(5) Proper lane use. 

(6) Backing up safely. 

(7) Interacting at intersections. 

(8) Passing. 

(9) Demands of city driving. 

(10) Demands of freeway driving. 

(11) Demands of driving on a open highway. 

(12) Hazardous conditions. 

(13) Alcohol and other drugs. 

(14) Driver Responsibility. 

(15) Traffic signs, signals and pavement markings. 

(16) Licensing control measures. 

(b) For purposes of this section, subjects not related to traffic safety 
include, but are not limited to: 

(1) Courtroom procedures. 

(2) Beating traffic tickets. 

(3) Police jurisdictions. 

(c) The 400 minute curriculum of a traffic violator school shall include 
the following: 

(1) Visual aids including, but not limited to, slide presentations, video 
cassettes or movies, graphs, magnetic boards, charts, or pictorial repre- 
sentations shall at a minimum be used to visually demonstrate concepts 
presented for the subject areas described in subdivision (a)(3), (a)(5) to 
(8), (a)(12) and (a)(15). Audio visual aids (video cassettes or movies) 
shall comprise not more than 80 minutes of the 400 minute curriculum. 
All visual aids shall be applicable to the course purpose and subject area. 

(2) Student participation. Participation includes, but is not limited to: 
questions and answers; pre- and post- knowledge tests; and group dis- 



Page 28.10(h) 



Register 98, No. 18; 5-1-9 



Title 13 



Department of Motor Vehicles 



§ 345.38 



• 



cussions. Student participation shall comprise not less than 40 minutes 
of the 400 minute curriculum. All student participation shall be applica- 
ble to the course purpose and subject area. 

(3) A post-knowledge test to be administered at the end of the class. 
The test shall be designed to include questions related to at least ten of 
the subject areas in subdivision (a), and shall include at least one question 
on each of the following subjects: defensive driving, alcohol and drugs, 
and driver responsibility. The test shall be graded and each student's 
score will be recorded on the class roster or student enrollment card, un- 
less the school retains the tests for three years from the date of the class. 
If the tests are retained, each test shall indicate the date of the class and 
the student's name and driver license number. 

NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Sections 1 1202 and 1 1219, Vehicle Code. 

History 
1. Renumbering and amendment of former seclion 345.30 to section 345.72 and 

new section filed 10-26-94; operative 11-25-94 (Register 94, No. 43). For 

prior history, see Register 93, No. 30. 

§ 345.34. Lesson Plan Requirements. 

(a) A lesson plan shall be submitted by each applicant for a traffic vio- 
lator school license. The lesson plan shall meet the following require- 
ments: 

(1) The lesson plan shall contain a table of contents and the pages of 
the plan shall be consecutively numbered. 

(2) Each line of the lesson plan shall be consecutively numbered on 
each standard 8 1/2" by 11" page, beginning with the number one on 
each page. 

(3) The lesson plan shall cover all topics listed in Section 345.30 in suf- 
ficient detail to enable the department to evaluate the specific informa- 
tion to be presented and to determine the accuracy of the information to 
be presented. 

(4) The lesson plan shall cover all subjects outlined in the department' s 
Course Core Topics And Requirements For State Of California, Depart- 
ment of Motor Vehicles Approved Traffic Violator School 8-Hour Cur- 
riculum, form OL 613 (Rev 3/94). 

(5) The lesson plan shall reflect where visual aids and student partici- 
pation will be used to supplement lecture material. It shall explain the 
purpose of each visual aid and student participation activity and describe 
how the instructor will generate the intended student participation. It 
shall include a brief synopsis of the information presented in any movie 
or video presentation, sufficient to allow the department to determine 
what specific information is presented by the movie or video. 

(6) The lesson plan shall include a time schedule. The schedule shall 
contain: 

(A) The time allotted for lunch and rest break periods. A lunch break 
of at least 30 minutes shall be provided if the 400 minute course is con- 
ducted in one session. A rest break of at least 10 minutes shall be provided 
during any session conducted for a period of 200 minutes or more. 

(B) The approximate time allotted for each audio visual aid to be used. 

(C) The approximate time allotted for each major subject area. 

(D) The approximate time allotted for each student participation activ- 
ity. 

(E) The approximate time allotted for completion, correction and dis- 
cussion of any tests used and the method of correction to be used. 

(7) If the course provides for an evaluation by the students, completion 
of the evaluation shall not exceed 5 minutes. A sample of the evaluation 
form shall be submitted with the lesson plan. 

(8) Samples of any handout materials, workbooks, games or tests, in- 
cluding the post-knowledge test required pursuant to Section 
345.30(c)(3), used during the course shall be submitted for approval, as 
part of the lesson plan. 

(b) The department shall give written approval or disapproval within 
30 days of receipt. 

(c) In lieu of filing its own unique lesson plan, an applicant may meet 
the lesson plan requirement by submitting a letter of authorization from 
the owner of an approved traffic violator school lesson plan. The letter 



of authorization shall be signed and dated by the owner of the previously 
approved lesson plan and shall specify that it authorizes use of the lesson 
plan by the applicant and identifies the applicant by name and DBA as 
they appear on the application. The department shall approve the use of 
a previously approved lesson plan only if the lesson plan has been eva- 
luated and approved for use within the preceding 12 months. 

(d) No traffic violator school which was licensed prior to the effective 
date of this section, and which license remains in good standing, is re- 
quired to meet the provisions of this section, until the department has re- 
quested a revised lesson plan in accordance with Section 345.36(b). 

(e) A traffic violator school shall not provide instructional services un- 
less its lesson plan has been approved by the department. 

NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Sections 11202 and 1 1219, Vehicle Code. 

History 
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43). 

§ 345.35. Completion Certificates. 

NOTE: Authority cited: Sections 1651 and 1 1202(a)(3), Vehicle Code. Reference: 
Section 11208(c), Vehicle Code. 

History 

1 . Change without regulatory effect renumbering former section 1 01 .35 to section 
345.35 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- 
lations (Register 93, No. 30). 

2. Renumbering of former section 345.35 to section 345.44 filed 1 0-26-94; opera- 
tive 1 1-25-94 (Register 94, No. 43). 

§ 345.36. Lesson Plan Revisions. 

(a) A traffic violator school owner is responsible for revising the ap- 
proved lesson plan as necessary to ensure that approved topics reflect 
changes in laws or other information to be presented in the course. Any 
proposed changes or alterations to an approved lesson plan shall be sub- 
mitted to the department for approval prior to the changes being made to 
the course. 

(b) The department shall reevaluate approved lesson plans, as needed, 
to ensure that approved courses reflect current laws and other informa- 
tion and otherwise continue to meet department standards. 

(1) The department shall notify any traffic violator school of any defi- 
ciencies in any lesson plan and require revisions to the plan. 

(2) A traffic violator school which receives notification to revise its 
lesson plan shall submit a revised lesson plan to the department by the 
date indicated on the notice from the department. 

(3) The failure of a traffic violator school to respond to any notification 
by the department regarding lesson plan deficiencies by the date indi- 
cated on the notice, by providing revisions responsive to the lesson plan 
deficiencies noted by the department, is cause for action pursuant to Ve- 
hicle Code Section 11215(b). 

(c) A traffic violator school shall continue to use its previously ap- 
proved lesson plan until receiving notification from the department that 
the revised lesson plan is approved. The school shall implement use of 
the revised lesson plan within 60 days of notification of approval. 

NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Section 1 1202, Vehicle Code. 

History 

1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43). 
CLASSROOM STANDARDS AND CONDUCT 

§ 345.38. Classroom Standards. 

Approval for conducting traffic violator education courses shall be 
contingent upon the traffic violator school meeting and maintaining the 
following classroom standards requirements: 

(a) Classroom shall provide a minimum of 15 square feet of space per 
student if the facility has lecture/assembly type seating or 20 square feet 
of space per student if the facility has standard classroom seating with 
table or desks. 

(b) Classroom shall provide seating and writing surfaces for all stu- 
dents. Writing surfaces shall be tables, desks, the equivalent, or portable 
writing surfaces. Portable writing surfaces shall be made of a rigid 
material at least a 1/8 inch thick and shall measure at least 8 1/2 by 1 1 
inches. 



Page 28.10(i) 



Register 2006, No. 8; 2-24-2006 



§ 345.39 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



(c) Classrooms attendance shall be limited to a maximum of forty (40) 
students. 

(d) Classrooms shall provide an educational atmosphere which is con- 
ducive to learning. To be conducive to learning, the classroom atmo- 
sphere shall be influenced as follows: appropriately cooled and heated to 
overcome normal summer and winter outside temperatures; appropriate- 
ly lit for reading; and be free from interruptions including but not limited 
to noise, school business activities, foot traffic and machinery. 

(e) Classrooms shall not be located in bars, restaurant lounges or other 
rooms which serve alcohol, allow alcohol consumption or advertise or 
promote alcohol or its consumption, nor shall student access to the 
classroom facility be through bars. 

(f) Classrooms shall comply with all applicable local ordinances, in- 
cluding but not limited to health and safety ordinances. 

NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Section 11202, Vehicle Code. 

History 
1 . Renumbering and amendment of former section 345.20 to new section 345.38 
filed 10-26-94; operative 11-25-94 (Register 94, No. 43). 

§ 345.39. Conducting Classes. 

Approval for conducting traffic violator education courses shall be 
contingent upon the traffic violator school conducting classes as follows: 

(a) Only one school shall conduct class in any specific classroom at 
one time. 

(b) The school shall ensure that students understand the language in 
which the course is presented by talking with students during registra- 
tion. 

(c) The instructor shall have the school's approved lesson plan in his/ 
her possession for the duration of the class and shall follow that lesson 
plan. 

(d) The instructor shall have a current Vehicle Code in her/her posses- 
sion for the duration of the class. 

(e) The instructor shall have evidence of licensure, which is specific 
to the school offering the class, in his/her possession, except as exempted 
by Vehicle Code Section 1 1206. The identification card issued by the de- 
partment in accordance with Section 345.06(g) shall be used to meet this 
requirement, unless a permanent license has not yet been issued. 

(f) The instructor shall ensure that the exterior of the classroom is 
clearly marked with the school name, as a guide to students. In a hotel or 
convention center type facility, a notice on the facility's bulletin board 
or room locator shall be sufficient. 

(g) The instructor shall identify himself/herself by name to the class, 
state the full name of the school and post both names in the classroom. 

(h) The instructor shall not admit any student to the class if the student 
arrives more than 15 minutes after commencement of instruction. This 
provision shall apply to students returning late from lunch or rest breaks. 
An instructor may admit a student to class who is late less than 15 min- 
utes, provided that the instructor provides the student with a make-up 
session, which covers the actual class instruction missed by being late, 
during the lunch break or after normal class hours. 

(i) The instructor shall ensure that a sign is posted in each classroom 
for the duration of the class which reads: "No Alcoholic Beverage To Be 
Consumed Or Possessed By Students During School Hours". Owners, 
operators and instructors shall strictly enforce this requirement and shall 
not permit any person to participate in any class who is under the influ- 
ence of alcohol, has any alcoholic beverage on his or her person or who 
consumes any alcoholic beverage in the classroom. 

(j) A traffic violator course shall not be combined with any other driver 
education or driver improvement course. 

(k) Topics discussed by an instructor or during student participation 
or audio visual aids shall not include topics which are not of a traffic safe- 
ty nature, including but not limited to: offering advice on how to beat traf- 
fic tickets, courtroom procedures and police jurisdictions. 

(/) No instructor shall knowingly give false or misleading information 
to any student. 

(m) The instructor shall conduct himself/herself in a professional and 
courteous manner at all times when students are present. 



(n) At the start of any class, the instructor shall explain the affect of 
attendance on the students' driving records pursuant to Vehicle Code 
Section 1 808.7, including the information that not all courts allow partic- 
ipation in traffic violator school program as part of the adjudication of a 
traffic violation. 

(0) The instructor shall validate the student information provided on 
the roster sheet or enrollment card, pursuant to Section 345.56(a), with 
the student's actual driver license. 

NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Sections 1 1202. 11219 and 1808.7, Vehicle Code. 

History 

1. Renumbering and amendment of former section 345.45 to section 345.38 filed 
10-26-94; operative 1 1-25-94 (Register 94, No. 43). 

2. New subsection (o) filed 8-16-2005 as an emergency; operative 9-20-2005 
(Register 2005, No. 33). A Certificate of Compliance must be transmitted to 
OAL by 1-18-2006 or emergency language will be repealed by operation of 
law on the following day. 

3. Certificate of Compliance as to 8-16-2005 order transmitted to OAL 
1-18-2006 and filed 2-22-2006 (Register 2006, No. 8). 

§ 345.40. Class Schedules. 

Approval for conducting traffic violator education courses shall be 
contingent upon the school meeting and maintaining the following 
scheduling requirements: 

(a) A schedule of all classes shall be filed with the department a mini- 
mum of 15 days prior to any class being conducted by any new school 
or at any new classroom location being used by any school. 

(b) A schedule of all classes shall be filed with the department a mini- 
mum of 15 days prior to the beginning of each calendar month after a 
school begins operation. 

(c) Schools shall use the Official School And Class Location(s) Sched- 
ule, form OL 854 (Rev 7/93), when submitting schedules to the depart- 
ment. The form shall contain: 

(1) The DBA name of the school, the TVS license number, and the date 
the form is prepared. 

(2) The signature of the owner, operator, administrator if a public 
school or agency, or designated representative. 

(3) The business address and telephone number of the school. 

(4) The address of each classroom location to be used. 

(5) The scheduled dates and hours for each classroom to be used dur- 
ing the scheduled period. 

(6) Identification of the instructional language to be used for each 
scheduled class. 

(d) Any school that fails to submit schedules pursuant to this section 
shall have its name removed from all judicial district on the next TVS 
Classroom Location List published by the department pursuant to Sec- 
tion 1 1205(a) of the Vehicle Code. If the school fails to submit schedules 
a second time within any 12 month period, the school's name shall be re- 
moved from all judicial districts on the next two TVS Classroom Loca- 
tion Lists published by the department pursuant to Section 11205(a) of 
the Vehicle Code. 

(e) A school shall schedule and offer to conduct classes in a minimum 
of one approved classroom location in each city listed on the TVS 
Classroom Location List at least once every other month. 

(1) For the purposes of this section "schedule and offer to conduct" 
means that a school shall schedule a class pursuant to the scheduling re- 
quirements of this section, shall offer to enroll prospective students in the 
class, and does not cancel the class except in accordance with the provi- 
sions of subdivision (b) or (c) of Section 345.41. If a school cancels a 
class pursuant to subdivision (a) of Section 345.41, the school did not 
"offer to conduct" for the purposes of this section. 

(2) If the department determines, upon investigation, that a school is 
not scheduling and offering to conduct classes in a city pursuant to subdi- 
vision (e), that city location shall be removed from the next TVS 
Classroom Location list published by the department pursuant to Section 
1 1205(a) of the Vehicle Code. 

(3) If a school has 5 city locations removed from the TVS Classroom 
Location List within any 1 2 month period, the school's name shall be re- 
moved from all judicial districts on the next TVS Classroom Location 



Page 28.10(j) 



Register 2006, No. 8; 2-24-2006 



Title 13 



Department of Motor Vehicles 



§ 345.44 



List published by the department pursuant to Section 1 1 205(a) of the Ve- 
hicle Code. 

(f) A school shall not offer to register a student for a class, nor conduct 
a class, that has not been included and submitted to the department on the 
Official School And Class Location(s) Schedule, Form OL 854. 

(g) The department may waive the requirements of subdivision (a), 
(b), or (e) of this section for a traffic violator school if a school is unable 
to schedule or conduct classes due to a normal disaster such as, fire, flood, 
or earthquake, or a civil disturbance. 

(1 ) As soon as circumstances allow, the school shall notify the depart- 
ment that it is unable to schedule or conduct classes, and shall specify 
whether the entire school operation is disrupted or which specific 
classroom locations/judicial districts are affected. 

(2) The department shall determine whether to waive the require- 
ments, and the duration of the waiver, based on the specific circum- 
stances, and shall notify the school(s) of the decision immediately. 
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Sections 11213 and 11219, Vehicle Code. 

History 

1 . Change without regulatory effect renumbering former section 1 01 .40 to section 
345.40 filed 7-1 9-93 pursuant to title 1 , section 100. California Code of Regu- 
lations (Register 93, No. 30). 

2. Renumbering of former section 345.40 to new section 345.47 filed 10-26-94; 
operative 11-25-94 (Register 94, No. 43). 

3. New section filed 1-5-95; operative 2-6-95 (Register 95, No. 1). 

§ 345.41 . Class Cancellations. 

(a) Should a school cancel any scheduled class, the school shall notify 
the department in writing. The department shall receive such notification 
no later than 5:00 P.M. on the fifth business day preceeding the scheduled 
class date. The school shall notify affected students a minimum of 4 days 
prior to the scheduled class. 

(b) If emergency circumstances prevent timely, written notice to the 
department of class cancellation, the school shall call the department no 
later than 72 hours prior to the scheduled date and start time. If emergen- 
cy circumstances prevent notice to the department of class cancellation 
within 72 hours of the scheduled date and start time, the school shall call 
the department on the first work day following the decision to cancel the 
class and explain the circumstances causing the cancellation. The school 
shall also supply confirmation of the circumstances in writing. 

(c) Traffic violator schools shall conduct classes at scheduled loca- 
tions in cases of low enrollment, unless enrollment consists of less than 
six students. If less than six students enroll, the class may be canceled, 
provided that the school notifies all registered students by phone and the 
department of the cancellation a minimum of 24 hours prior to the sched- 
uled start of the class. Leaving a message on an answering machine at the 
phone number provided by the student shall constitute notification for 
this purpose. If the school is unable to contact a student by phone on the 
first attempt, the school shall attempt a phone contact at least 2 subse- 
quent times, and shall note the date and time of the attempts. If the school 
has only a mailing address for a student, the school shall send a written 
notification to the student. When notifying the students of the cancella- 
tion, whether by mail or phone, the school shall offer to provide the regis- 
tered students with an alternate class, at a charge to the student not to ex- 
ceed the cost of the department completion certificate and the cost of any 
other certificate required by the court. The school shall maintain a class 
roster or set of student enrollment cards for each class canceled for low 
enrollment, which shall indicate the date each student was notified by 
mail, or the date and time each student was notified by phone, or if the 
school was unable to notify the student by phone, the date and times of 
attempted notification. 

(d) Whenever a class is canceled pursuant to section (a) or (b) the 
school shall refer affected students to the department's published 
Classroom Location List or other court approved list for selection of 
another school, except that a school may offer an alternate date, time, or 
location to a student registered in a class canceled pursuant to subdivision 
(a) or (b), provided that the alternate class is provided to the student at a 
charge not to exceed the cost of the department completion certificate and 



the cost of any other certificate required by the court. Under no circum- 
stances are the affected students to be referred to any other school. If 
these conditions cannot be met by the traffic violator school, the sched- 
uled class shall be conducted as scheduled. 

(e) If a school cancels a class for any reason, the school shall post a 
notice of cancellation at the classroom location for 1/2 hour prior to and 
one hour after the start of the scheduled class, unless all registered stu- 
dents and the department were either contacted by phone or mailed a no- 
tice of cancellation at least 4 days in advance of the class being canceled. 
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Sections 11213, 11215(c), 11215.5(d) and 1 1219, Vehicle Code. 

History 

1 . New section filed 1-5-95; operative 2-6-95 (Register 95, No. 1). 

2. Amendment of subsection (d) filed 3-25-2002; operative 4-24-2002 (Register 
2002, No. 13). 

§ 345.42. Quarterly Reporting of Classes Conducted. 

(a) Traffic violator schools shall report the number of classes con- 
ducted and the number of students instructed for each classroom location. 

(b) Reports shall be for each preceding calendar quarter or portion of 
the calendar quarter, if the classroom was not licensed for the full quarter. 

(c) Reports shall be made on form OL 850 (Rev 10/94), Traffic Viola- 
tor School Reporting Form, and shall contain the following information: 

(1) The months and year covered by the report. 

(2) The complete school name. 

(3) The school's license number and judicial district in which the 
classroom is located. 

(4) The classroom address. 

(5) The business address where school records are stored. 

(6) The business telephone number. 

(7) The number of students who completed the course at the location. 

(8) The number of classes scheduled and the number of classes actual- 
ly conducted at the location. 

(9) The signature of the school owner, operator or authorized represen- 
tative. 

(d) Completed forms are to be received in the department's headquar- 
ters office on or before the thirtieth calendar day of the month following 
the quarter in which classes were conducted. 

NOTE: Authority cited: Sections 1651, 1 1202(a)(2), 11213(d) and 1 1219, Vehicle 
Code. Reference: Section 11213, Vehicle Code. 

History 
1. New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43). 

COMPLETION CERTIFICATES 

§ 345.44. Purchases of Completion Certificates. 

(a) Forms OL 730 (Rev 7/93), Completion Certificates, purchased by 
a traffic violator school from the department shall be used exclusively by 
the purchasing school for issuance to students who have satisfactorily 
completed the course of instruction offered at the school, and shall not 
be sold or transferred to another school or any other entity. 

(b) The fee charged by the department shall be $1.50 per completion 
certificate. 

(c) Completion certificates shall be purchased in books of fifty (50) by 
a traffic violator school in designated field offices of the department. A 
list of designated offices can be obtained by contacting the headquarters 
office of the department. 

(d) Completion certificates may be purchased by: a school owner; an 
administrator of a public school or other public agency; a school opera- 
tor; or by a designated representative pursuant to Section 345.54. 

( 1 ) The school owner, administrator or operator shall present a picture 
identification card and the identification card provided by the depart- 
ment. 

(2) An employee who is not the owner, administrator, or operator shall 
present a picture identification card and either a copy of the OL 227, Au- 
thorized Signatures, pursuant to Section 345.54 or a written statement of 
permission to purchase completion certificates on the letterhead station- 
ary of the school. The statement of permission shall contain the original 
signature of the school owner, administrator or operator and be dated 



Page 28.10(k) 



Register 2006, No. 8; 2-24-2006 



§ 345.45 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



within 10 days of the current date and shall be surrendered to the depart- 
ment at the time of purchase. Such authorization shall identify the specif- 
ic number of certificates to be purchased. 

(e) Receipts issued by the department for the purchase of completion 
certificates shall be maintained as a business record. 

(f) The department shall refund amounts paid by a school owner for 
completion certificates only for unused certificates on hand when the 
owner ceases to do business and for certificates which were damaged 
during the manufacturing and/or shipping process. The original and first 
copy of the certificate shall be attached to an application for refund. The 
second copy of the certificate shall be retained by the school in numerical 
sequence in the original book. The application for refund shall be com- 
pleted to include: the name and address of the owner (claimant), the 
amount of refund claimed, the date and field office location where the 
fees were paid, a list of the numbers for the certificates attached for re- 
fund, the reason for the refund request, and a statement, signed under 
penalty of perjury by the claimant, that the information contained in the 
request is true and correct. 

NOTE: Authority cited: Sections 1651 and 11202(a)(2) and 1 1219, Vehicle Code. 
Reference: Section 1 1208 and 11212, Vehicle Code. 

History 

1 . Renumbering and amendment of former section 345.35 to section 345.44 filed 
10-26-94; operative 1 1-25-94 (Register 94, No. 43). 



§ 345.45. Issuance, Content and Disposition of Completion 
Certificates. 

(a) When a traffic violator school determines that a student referred by 
a court has satisfactorily completed the course, the school shall issue the 
student a completion certificate, form OL 730 (Rev 2/2005), which shall 
contain the following information: 

(1) A unique preprinted number assigned by the department. 

(2) Name, address, birth date and driver license number of the student. 

(3) The date of course completion and the city and date the certificate 
was issued. 

(4) The name, additional DBA's, primary business address, city and 
license number of the traffic violator school issuing the completion cer- 
tificate. 

(5) Length of the course completed. 

(6) The total course fee. 

(7) The name of the court which ordered the student to attend traffic 
violator school and the case or docket number of the violation. 

(8) The license number of the instructor. If the instructor has a tempo- 
rary license, the number of the school followed by a slash (/) and a "T" 
shall be noted in lieu of the instructor license number; if the instructor is 
credentialed, the number of the school followed by a slash (/) and a "C" 
shall be noted in lieu of the instructor license number. 

(9) A statement certifying under penalty of perjury that the informa- 
tion contained on the certificate is true and correct, signed by the student 
and the course instructor. The certificate shall be signed only after the stu- 
dent has satisfactorily completed the course. The student shall sign the 
certification statement prior to departure from the class. 

(b) The completion certificate shall be prepared in triplicate for dispo- 
sition as follows: 

(1) The original shall be the court's copy and shall be issued to the stu- 
dent upon successful completion of the course. It shall be the student's 
responsibility to submit the completion certificate to the court which or- 
dered the student to attend traffic violator school. 

(2) The first copy shall be the student's copy of the certificate and shall 
constitute a receipt for the student provided that the certificate is issued 
the same day the fee is paid. 

(3) The second copy shall be the traffic violator school's copy and 
shall remain with the business records of the school. 

(c) Completion certificates shall not be duplicated or reproduced for 
any purpose. 

(d) Except as specified in country or court contracts which are exempt 
under Vehicle Code Section 42005(f), no school shall mail or otherwise 



deliver any completion certificate to the court of jurisdiction for any stu- 
dent. 

(e) When a student does not satisfactorily complete the course the 
same day that payment is made for the course or the student has elected 
to attend the course, the traffic violator school shall issue the student a 
separate and distinct receipt for payment. The receipt shall contain the 
following information: 

(1) Amount paid by the student and date of payment. This amount shall 
be the total cost to the student for the course, including any fee charged 
for the certificate. 

(2) Name and driver license number of the student. 

(3) Name, primary business address, and license number of the school. 

(f) A certificate of completion, form OL 730 (Rev. 2/2005), shall not 
be issued to any person who elects to attend a traffic violator school or 
any person who holds a class A, class B, or commercial class C driver li- 
cense. 

NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Sections: 1 1208, 1 1212, 11219 and 1 1219.5, Vehicle Code. 

History 

1. Renumbering of former section 345.45 to section 345.38 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 subsections (a), (a)(3)-(4) and (d)-(e) and new subsection (f) 
filed 8-16-2005 as an emergency; operative 9-20-2005 (Register 2005, No. 
33). A Certificate of Compliance must be transmitted to OAL by 1-1 8-2006 or 
emergency language will be repealed by operation of law on the following day. 

3. Certificate of Compliance as to 8-16-2005 order transmitted to OAL 
1-18-2006 and filed 2-22-2006 (Register 2006, No. 8). 

§ 345.46. Duplicate Completion Certificate. 

(a) A duplicate completion certificate form shall be issued only by the 
traffic violator school that issued the original certificate. 

(1 ) The traffic violator school may charge a fee for the duplicate certif- 
icate, not to exceed $3.00 in addition to the actual cost of the certificate 
to the school. 

(2) The school shall verify from the school's records that the student 
completed the course. The number of the original certificate issued shall 
be marked on the top of the duplicate certificate. 

(3) A duplicate certificate shall be marked "duplicate" in large letters 
across the face of the certificate and both copies. 

(4) The disposition of the duplicate certificate and copies shall be as 
described for an original certificate in Section 345.45(b). 

(b) A duplicate completion certificate may be signed by the school 
owner, operator, administrator if a public school or agency, or any desig- 
nated employee authorized pursuant to Section 345.54. 

NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Sections 11208, 11212 and 11219, Vehicle Code. 

History 
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43). 

§ 345.47. Lost or Stolen Completion Certificates. 

The traffic violator school owner, operator, or administrator, if a pub- 
lic school or agency, shall report any lost or stolen completion certificates 
to the department not later than close of business of the day following dis- 
covery of the loss or theft. The traffic violator school owner, operator or 
administrator shall complete a Report of Lost/Stolen TVS Completion 
Certificates, OL 855 New 5/94, and in addition to retaining a copy in the 
school's business records, forward the report to the department within 
thirty (30) days of the discovery of the loss or theft. The report shall be 
completed to contain the following information: 

(a) The school DBA and license number. 

(b) The school's business address. 

(c) The date of the discovery of the lost or stolen certificates. 

(d) The date of loss (if known). 

(e) The number of certificates lost or stolen. 

(f) The series numbers of the certificates. 

(g) A description of the incident and/or the discovery of loss. 

(h) A certification statement by the owner, operator, or administrator, 
signed under penalty of perjury, that all information provided is true and 
correct. 



Page 28.10(1) 



Register 2006, No. 8; 2-24-2006 



Title 13 



Department of Motor Vehicles 



§ 345.52 



NOTE: Authority cited: Sections 1651 and 1 1 202(a)(2) and 1 1219, Vehicle Code. 
Reference: Section 1 1208(d), Vehicle Code. 

History 
1 . Renumbering and amendment of former section 345.40 to new section 345.47 
filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43). 

§ 345.48. One Class, One Ticket. 

The successful completion of one 400 minute traffic violator school 
course shall adjudicate only one traffic citation and only one completion 
certificate shall be issued. 

NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Section 42005, Vehicle Code. 

History 

1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43). 
TVS CLASSROOM LOCATION LIST 

§ 345.49. TVS Classroom Location List Publication. 

The department shall publish the TVS Classroom Location List twice 
annually. The list shall be revised for distribution to each municipal and 
justice court by the first day in January and the first day in July. In order 
for a school to add a location or change any information contained on the 
list, all requirements for the addition or change shall be completed and 
received by the department no later April 1 for the list published in July, 
and no later than October 3 for the list published in January. Any addition 
or charge completed or received after date specified shall be retained for 
inclusion in the next scheduled publication. 

NOTE: Authority cited: Sections 1651 and 1 1202(a)(2), Vehicle Code. Reference: 
Section 11205, Vehicle Code. 

History 
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43). 

OFFICE PRACTICES AND ADVERTISING 

§ 345.50. Office Practices. 

(a) Each traffic violator school shall post its approved name and its of- 
fice hours at its primary business office and any branch business office 
and shall be open to the public during the posted hours. The person in 
charge of the office during the posted hours shall be knowledgeable con- 
cerning the operation of the school, shall be authorized to give informa- 
tion to the public concerning classes and fees charged by the school and 
shall be able to provide detailed information to any representative or con- 
tractor of the department or a court concerning the operation and business 
records of the school. 

(1) At a minimum, each office shall maintain the same office hours as 
the day courts in the county, except in counties with populations of less 
than 400,000. 

(2) In counties with populations of less than 400,000, each office shall 
be open a minimum of two hours per week, during the day court hours, 
provided that: 

(A) The school does not schedule or offer classes in any county with 
a population of 400,000 or more. 

(B) The school utilizes an answering machine or service for the office 
number during department business hours and responds to all calls from 
the public within two business days of the call. 

(C) The school notifies the department in writing at least ten days be- 
fore any acceptable change is made in posted office hours. 

(3) Any school which offers classes in counties with populations of 
400,000 or more is required to maintain the office hours described in sub- 
division (1) for the county(ies) in which classes are offered. 

(b) If the office is located in a free standing building, a storefront or 
a residence, the school name shall be posted on the front of the building. 
If the office is located in a multi-business building, the school name shall 
be posted in an area common to all of the businesses and on, adjacent to 
or over the entry door to the school office. Any sign shall contain lettering 
of sufficient size to be clearly legible from a distance of fifty (50) feet for 
an outdoor sign and ten (10) feet for an indoor sign. The department may 
make exceptions to sign requirements to accommodate unique circum- 
stances. 



(c) Each school shall maintain a telephone at its primary business of- 
fice and at any branch business office(s). The following conditions shall 
be met by each school: 

(1) The telephone shall be answered with the approved school name. 

(2) Separate telephone numbers. No two or more traffic violator 
schools shall share the same telephone number. The telephone number 
used by a school shall not be shared with any other business, unless ap- 
proved by the department. 

(3) All telephone numbers published in the department's list of schools 
pursuant to Vehicle Code Section 1 1205(c) shall be operational and an- 
swered during the posted office hours. 

(4) If an automated phone system or an answering service is used for 
scheduling classes and the service or system is unable to answer ques- 
tions regarding the school, a referral number shall be provided to the call- 
er. The referral number shall be operational and answered during the 
posted office hours and shall be answered by a person with the knowl- 
edge described in subdivision (a). 

(5) If the traffic violator school is unable to accommodate any prospec- 
tive student, the prospective student shall be referred back to the depart- 
ment's published TVS Classroom Location List or other court approved 
list to select another school. No traffic violator school shall refer a student 
to any specific listing or school. 

(6) Answering machines shall be utilized only during non-business 
hours. 

(7) No school may use California 900/976 numbers or any for-profit 
telephone lines. 

(8) If an answering service is used to answer the telephone numbers 
published in the department's Classroom Location List, or, if the 
school's telephone number is regionalized to prohibit calls from outside 
of a defined calling area, the school shall provide one direct number 
which is operational and answered during the posted office hours for use 
by the department for contacting the school. 

(9) Any traffic violator school representative who discusses enrol- 
lment with any potential student shall provide the following information 
to the prospective student: 

(A) The total fee for the course, including any charge for the comple- 
tion certificate and whether that charge is included in the total class fee 
or is in addition to the class fee. 

(B) What form(s) of payment are acceptable. 

(C) Any fees charged for canceling or rescheduling a class. 

(10) Any traffic school representative who enrolls students in sched- 
uled classes shall obtain sufficient information to notify the students of 
class cancellations pursuant to Section 345.41. If a student can not be 
contacted by phone, the representative shall obtain a mailing address for 
the student. 

(d) Each school shall post licenses as follows: 

(1) Owner licenses shall be posted in the primary business office and 
in a location conspicuous to the public. 

(2) Operator licenses shall be posted in the primary business office and 
in a location conspicuous to the public, except for public school providers 
in accordance with Vehicle Code 11202. 

(3) Photocopies of the owner and operator licenses shall be similarly 
posted at each branch business office. 

(e) Each school shall maintain on file in the primary business office the 
current license of each instructor, including a copy of the temporary per- 
mit if no permanent license has been issued. 

NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Sections 320, 1671, 1 1202 and 1 1215(a), Vehicle Code. 

History 

1 . Renumbering of former section 345.50 to section 345.47 and new section filed 
10-26-94; operative 1 1-25-94 (Register 94, No. 43). For prior history, see 
Register 93, No. 30. 

§ 345.52. Solicitation and Advertisement. 

(a) No licensee or any employee or agent of the licensee shall adver- 
tise, discuss or otherwise promote traffic school enrollment in any office 
of the department or in any court or within 500 feet of any court. The out- 



Page 28.10(111) 



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§ 345.54 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



side perimeter of the properly on which any court resides is the beginning 
point for calculating the straight-line 500 foot distance. 

(b) The full name of a traffic violator school, the address of the princi- 
ple business office as shown in department records and the school's li- 
cence number shall be used in all media of advertising, including tele- 
phone listings, except for the department's TVS Classroom Location 
List. 

(c) No traffic violator school shall advertise that it is approved by the 
department. However, the school may refer to the fact that it is licensed 
by the department. 

(d) A traffic violator school name shall be considered a form of adver- 
tising. A traffic violator school shall conduct its business pursuant to any 
claims, actual or implied, that are included in its name. 

(e) The department's published TVS Classroom Location List shall 
not be altered in any manner. Alteration includes stamping a school name 
on the list. 

NOTE: Authority ciled: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Sections 11202 and 1 1215, Vehicle Code. 

History 

1. New section filed 10-26-94; operative 1 1-25-94 (Register 94. No. 43). 

§ 345.54. Authorized Signatures. 

(a) All required notification forms sent to the department shall be 
signed by a school owner, operator, administrator, or designated repre- 
sentative. All signatures shall be as previously provided to the depart- 
ment on license applications or an OL 227 (New 2/94), Authorized Sig- 
natures. 

(b) One or more designated representative(s) may be identified by a 
school owner, operator or administrator by submitting an OL 227 (New 
2/94), Authorized Signatures, to the department's headquarters office, 
signed by an owner, operator or administrator which states the designated 
representative's name(s), and which contains the signature(s) and full 
printed name(s) of the designated representative(s). 

(c) Designation of an authorized representative shall be withdrawn 
upon receipt by the department's headquarters office of an OL 227 (New 
2/94), Authorized Signatures, from the school owner, operator or admin- 
istrator, which no longer includes the representative's name and signa- 
ture. 

NOTE: Authority cited: Sections 1651 and 1 1202(a)(2), Vehicle Code. Reference: 
Section 1 1213, Vehicle Code. 

History 
1. Renumbering and amendment of former section 345.10 to new section 345.54 
filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43). 

§ 345.56. Business Records. 

(a) Each traffic violator school shall maintain records of every traffic 
violator school class conducted pursuant to Vehicle Code Section 11212 
for a minimum of three years. A roster sheet or set of student enrollment 
cards shall be completed for each class conducted. The roster may be 
maintained electronically and shall contain the following: 

(1) The information required in Vehicle Code Section 11212. 

(2) The telephone number of each student, unless the student does not 
have a telephone, and the post knowledge test score of each student. 

(3) The driver license class of each student. 

(4) The citation number of a student referred pursuant to Vehicle Code 
Section 42005 or an indication that the student elected to take the course. 

(b) Each traffic violator school owner shall maintain records of each 
completion certificate purchased and issued for a minimum of three 
years. 

(1) The school shall maintain all receipts for purchase of certificates 
from the department. 

(2) The school copy of each completion certificate issued shall be 
maintained in numerical order. 

(3) Any voided completion certificate shall be marked void on the 
original and both copies. The original and both copies of a voided certifi- 
cate shall be maintained in numerical order. 

(4) The school shall maintain a copy of every request for refund for 
fees paid for completion certificates. 



(5) The school shall maintain a copy of every report of stolen or lost 
certificate(s). 

(c) The school shall maintain a copy of each quarterly report on 
classroom location activity for a minimum of three years. 

(d) The school shall maintain a copy of each receipt issued pursuant 
to Section 345.45(e) for a minimum of three years, unless a notation that 
a receipt was issued, including the date of payment and the amount paid, 
is made on the class roster sheet or student enrollment card. 

NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Sections 11212, 11219.5, 15210 and 42005, Vehicle Code. 

History 

1 . New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43). 

2. Amendment of subsection (a), new subsections (a)(l)-(4) and amendment of 
Note filed 8-16-2005 as an emergency; operative 9-20-2005 (Register 2005, 
No. 33). A Certificate of Compliance must be transmitted to OAL by 
1-18-2006 or emergency language will be repealed by operation of law on the 
following day. 

3. Certificate of Compliance as to 8-16-2005 order transmitted to OAL 
1-18-2006 and filed 2-22-2006 (Register 2006, No. 8). 

§ 345.58. Verification of Employment. 

The owner, operator, administrator of a public school or agency, or 
designated representative of a school shall verify the period(s) of em- 
ployment and actual hours of classroom instruction for any instructor oc- 
curring within the 36 months prior to the date of the request, if requested 
by the instructor or the department, within 30 days of such request. 
NOTE: Authority cited: Sections 1651, 1 1202(a)(2) and 11213(d), Vehicle Code. 
Reference: Section 1 1202.5(a)(4), Vehicle Code. 

History 
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43). 

§ 345.60. Providing Department Address to Students. 

Upon receipt of an oral or written request from any potential student 
or student, a traffic violator school shall provide the complete mailing ad- 
dress and telephone number of the department's headquarters office. 
NOTE: Authority cited: Sections 1651, 1 1202(a)(2) and 1 1213(d), Vehicle Code. 
Reference: Section ] 1219, Vehicle Code. 

History 

1 . New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43). 

BONDS, DEPOSITS AND BACKGROUND CHECKS 

§ 345.65. Traffic Violator School Owner Surety Bond 
Requirements. 

(a) Every applicant for issuance or renewal of a traffic violator school 
owner occupational license shall submit the bond required by Vehicle 
Code section 1 1202 on a Traffic Violator School (TVS) Owner Surety 
Bond, form OL 704 (REV. 1 1/2004), which is hereby incorporated by 
reference. The bond shall be subject to chapter 2 (commencing with Sec- 
tion 995.010), title 14, of part 2 of the Code of Civil Procedure. 

(b) The true, full name of the traffic violator school owner principal, 
and any doing business as (DBA) names under which the licensed activ- 
ity is conducted, shall be entered on the bond. 

(c) The appointment of director as the agent for service of process re- 
quired by Vehicle Code section 1 1 202(a)(6) shall be in the form required 
under subdivision (c) of Section 330.08 of Title 13, California Code of 
Regulations. 

NOTE: Authority cited: Sections 1651 and 11202(a)(2), Vehicle Code. Reference: 
Section 995.010, Code of Civil Procedure; and Section 1 1202, Vehicle Code. 

History 

1. New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43). 

2. Amendment of section heading, section and Note filed 2-14-2006; operative 
3-16-2006 (Register 2006, No. 7). 

§ 345.66. Deposit in Lieu of Bond. 

(a) A traffic violator school owner who chooses to deposit $2,000 cash 
in lieu of a surety bond shall complete the following forms for submission 
to the department: 

(1) Form OL 723 (New 6/93), Cash Bond. This form shall contain: 

(A) The name of the applicant, including the DBA name. 

(B) The applicant's principal business address. 

(C) The cash sum. 



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§ 345.68 



(D) The receipt number issued by the department. 

(E) The signature date and county in which signed. 

(F) The typed name of the applicant. 

(G) The signature of the applicant or authorized representative. 
(H) The typed name and title of the signer. 

(2) Form OL 65 (Rev 11/86), Notice of Acknowledgment. This form 
shall contain: 

(A) The typed name of the applicant(s). 

(B) A check in the first election box which refers to a cash deposit. 

(C) A signed and dated acknowledgment which includes typed 
name(s) of the signer(s). 

(b) A traffic violator school owner who chooses to assign to the depart- 
ment a certificate of deposit or a passbook savings account in the amount 
of $2,000 in lieu of a surety bond shall complete the following forms for 
submission to the department: 

(1) Form OL 64 (Rev 1 1/86), Assignment of Insured Account. This 
form shall contain: 

(A) The name and address of the assignor, including the DBA name. 

(B) The name and address of the financial institution which holds the 
account. 

(C) The amount of the account, which cannot be less than $2,000, un- 
less multiple accounts are being assigned. 

(D) The account number. 

(E) The date on which the assignor signs the agreement and the name 
of the community in which it is signed. 

(F) The typed name of the applicant, signature of the applicant or per- 
son authorized to sign for the applicant, and the typed name and title of 
the signer. 

(G) Endorsement by the financial institution which holds the account, 
including: the dollar amount available under the assignment, the date the 
endorsement is signed and the city in which signed, the typed name of the 
financial institution, the signature of an officer of the institution and the 
title of the signer. 

(2) Form OL 65 (Rev 1 1/86), Notice of Acknowledgment, as de- 
scribed in subdivision (a)(2), with a check in the second or third election 
box on the form, depending on whether the assignment involves a certifi- 
cate of deposit or a passbook account. 

(c) Any deposit made in lieu of a surety bond shall be held by the de- 
partment for a period of three years following the date the licensee has 
ceased to do business or has ceased to be licensed, whichever is greater, 
pursuant to Vehicle Code Section 1 1203, or three years following the re- 
placement of the deposit by a valid surety bond as described in Section 
345.65. 

NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Section 1 1203, Vehicle Code. 

History 
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43). 

§ 345.67. Certification Required With Application for 
Traffic Violator School Owner. 

NOTE: Authority cited: Sections 1651 and 1 1220(a)(2), Vehicle Code. Reference: 
Section 1 1202, Vehicle Code. 

History 

1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43). 

2. Repealer filed 2-14-2006; operative 3-16-2006 (Register 2006, No. 7). 

§ 345.68. Background Investigation Required. 

(a) The department shall investigate the background of each applicant 
for a traffic violator school owner, operator or instructor license pursuant 
to Chapter 1.5, Division 5 (commencing with Section 11200), to ensure 
that each applicant is fit to properly perform the duties of the occupation 
to be licensed. No permanent license shall be issued pending completion 
of this investigation; however, the department may issue a temporary 
permit pursuant to Vehicle Code Section 11210. 

(b) Each applicant shall be required to complete an Application For 
Occupational Licensing (Part B) Personal History Questionnaire, form 
OL 29 (Rev 3/94), provided by the department. Owner applications shall 
include a Questionnaire completed by: 



(1 ) The sole owner or 

(2) All general partners or 

(3) For a corporate owner all principle corporate officers; all parties to 
a trust agreement; all corporate board members; and any stockholders 
who are active in the management, direction or control of the corporation 
or 

(4) The public administrator and 

(5) Any other parties who are active in the management, direction or 
control of the business activities of the school. 

(c) The Persona] History Questionnaire shall contain the following in- 
formation: 

(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 social security number of the applicant. 

(5) The physical description of the applicant including sex, color of 
hair, color of eyes, height, weight and birthdate. 

(6) Whether or not the applicant holds a valid California driver license. 
When the applicant is a holder of a valid California driver license, the li- 
cense number shall be provided. 

(7) Any name or names the applicant has been known by or used other 
than the name provided in subdivision (c)(1). 

(8) 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. 

(9) For instructors only, whether the applicant has attended and or 
completed high school or college, the name and address of any high 
school or college attended, and the date studies were completed. 

(10) Whether or not the applicant has previously been or is currently 
licensed in California as a registration service; vehicle salesperson, rep- 
resentative, distributor, dealer, dismantler, manufacturer, remanufactur- 
er, transporter, verifier, lessor-retailer; driving school owner, operator or 
instructor; traffic violator school owner, operator or instructor; or all-ter- 
rain vehicle safety training organization or instructor. When the appli- 
cant has previously been or is currently licensed as described in subdivi- 
sion (c)(10), each current or previous occupational license number issued 
to the applicant shall be provided. 

(11) Whether or not the applicant has ever had a business or occupa- 
tional 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 licence was revoked, sus- 
pended or subject to other disciplinary action. When the applicant an- 
swers yes to subdivision (c)(ll). the occupational license number, the 
type of license, the action and the date of the action taken by the depart- 
ment shall be provided. 

(12) Whether or not the applicant has ever had a civil judgment ren- 
dered against him/her and whether or not the judgment was a result of ac- 
tivity of the applicant's firm licensed by the department. When the appli- 
cant 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. 

(13) Whether the applicant was ever a partner, managerial employee, 
officer, director, or stockholder in a firm that had a civil judgment ren- 
dered against it and whether or not the judgment was a result of the activ- 
ity of the firm licensed by the department. When the applicant indicates 
he/she was a partner, managerial employee, officer, director, or stock- 
holder in a firm that had a civil judgment rendered against it and the judg- 
ment 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. 

(14) 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. When the applicant indicates he/she has de- 
clared bankruptcy or was a partner, managerial employee, officer, direc- 
tor, or stockholder in a firm that declared bankruptcy, the date the bank- 



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§ 345.72 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



ruptcy was filed and the name and location of the court of jurisdiction 
shall be provided. 

( 1.5) 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, including traffic of- 
fenses, within the last ten years. 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, in- 
cluding traffic offenses, within the last ten years, each offense shall be 
listed with the conviction date, the court of jurisdiction and the disposi- 
tion. 

(16) A statement signed and dated by the applicant which certifies un- 
der 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. 

(17) A statement signed by the owner, operator or administrator of the 
traffic violator school acknowledging the information provided on the 
personal history questionnaire. 

(d) 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 subdivision 
(c)(15). 

NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219. Reference: 42 
U.S.C. 405; Section 1 1350.6, Welfare and Institutions Code; and Sections 1 1202, 
11202.5, 11206, 11211, 11215 and 1 1215.5, Vehicle Code. 

History 
1. New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43). 

§ 345.72. Fingerprinting of Applicants. 

(a) All original applications for licenses under Chapter 1.5, Division 
5, (commencing with Section 11200) of the Vehicle Code shall be ac- 
companied by one set of fingerprints from each applicant on a standard 
fingerprint card and payment of a fingerprint processing fee, as described 
in Vehicle Code Section 1668(b), for each applicant. If the applicant is 
a partnership or corporation, the application shall be accompanied by a 
set of fingerprints from each partner, principle corporate officer, board 
member and any stockholder who is active in the management, direction 
or control of the corporation. The completed fingerprint card shall con- 
tain the following: 

(1) The typed or printed name of the person fingerprinted. 

(2) Any aliases used by the person fingerprinted. 

(3) The birthdate of the person fingerprinted. 

(4) The birthplace of the person fingerprinted. 

(5) The sex, height, weight, eye color and hair color of the person fin- 
gerprinted. 

(6) The fingerprint of each finger and thumb on each hand, unless 
missing or bandaged. When a finger or hand is missing or bandaged, it 
shall be stated on the card. 

(7) The signature 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 fingerprint card is for the purpose of applying 
for a traffic violator school license. 

(11) The residence address of the person fingerprinted. 

(b) A fingerprint card is not required when the applicant is currently 
an occupational licensee of the department or the applicant is a prior oc- 
cupational licensee of the department whose license has not lapsed more 
than three years from the date of expiration. 

NOTE: Authority cited: Sections 1651. 11202(a)(2) and 11219, Vehicle Code. 
Reference: Sections 11202(a)(1), 11202.5 and 11206(a), Vehicle Code. 

History 
1. Renumbering and amendment of former section 345.30 to new section 345.72 
filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43). 

INSPECTIONS BY DEPARTMENT 

§ 345.74. Inspection and Approval of Sites. 

(a) Before authorizing the use of a primary business location, a branch 
business office or a classroom location, the department shall inspect the 



location as needed to determine that the location meets or exceeds the fol- 
lowing minimum qualifications. 

(1) A business office location, whether the primary location or a 
branch location, shall comply with the provisions of Vehicle Code Sec- 
tions 1671(a), 11202(a)(1) and 1 1202(e) and all applicable provisions of 
this code. 

(2) A classroom location shall meet the requirements outlined in Sec- 
tion 345.38. 

(b) No business office, branch business office or classroom shall be in- 
spected by the department until it is operationally ready for business. If 
the location is not operationally ready for business at the time the applica- 
tion for the location is filed, the date that the location shall be operational- 
ly ready for business shall be indicated on the application. 

(c) No business office, branch business office or classroom shall be 
used by a school until its use has been approved by the department. 

(1) The department has the authority to approve a classroom without 
prior inspection based upon the self-certification information contained 
on the Traffic Violator School Branch Business Office/Classroom Appli- 
cation, form OL 712 (Rev 10/94). 

(2) If the department approves the classroom without prior inspection, 
the department shall inspect the classroom at or before the next monitor- 
ing visit, pursuant to Vehicle Code Section 11214. 

(d) The department shall notify the applicant in writing when the loca- 
tion is approved for use. 

(e) If the location does not comply with department standards, the de- 
partment shall notify the applicant in writing, within seven (7) days fol- 
lowing the inspection citing the specific reasons the location does not 
comply. 

(1) The department shall, upon written request from the applicant, re- 
inspect a proposed location to determine if the deficiencies have been 
corrected. 

(2) The department shall disapprove any site which has been inspected 
twice and does not pass inspection. A new application and payment of 
appropriate fees shall accompany any request for further consideration 
of the site. 

(f) The department may reinspect any licensed location as needed to 
determine that the location continues to meet licensing requirements pur- 
suant to this section. 

(1) If the department determines that a location no longer meets ap- 
proval standards, the department shall notify the school in writing that the 
location has been disapproved, the specific reasons for disapproval, and 
the date by which the school shall cease using the location. 

(2) The department shall, upon written request from the applicant, re- 
inspect such a disapproved location once to determine if the deficiencies 
have been corrected. 

NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Sections 1671(a) and 1 1202, Vehicle Code. 

History 
1 . New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43). 

MISCELLANEOUS REQUIREMENTS 
§ 345.76. Traffic Violator School Program Assessment. 

NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Section 1 1202(a)(2), Vehicle Code. 

History 

1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43). 

2. Repealer filed 8-29-96; operative 9-28-96 (Register 96, No. 35). 

§ 345.78. Traffic Violator School Attendance. 

(a) An owner, operator, administrator or instructor of a traffic violator 
school may not attend any class offered by the school for which he/she 
is licensed, in lieu of adjudication of any personal traffic citation. 

(b) In order to determine compliance with Vehicle Code Section 
42005, each traffic violator school shall verify the driver license class and 
a copy of the citation of each student prior to the student attending the 
course. The following persons may not attend a traffic violator school in 
lieu of adjudicating a traffic offense: 



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§ 350.02 



(1) Any person holding a class A, class B, or commercial class C driver 
license. 

(2) Any person regardless of driver license class that committed a traf- 
fic offense that occurred in a commercial motor vehicle, as defined in 
subdivision (b) of Vehicle Code Section 15210. 

(c) Any person described in subdivision (b) that complies with Vehicle 
Code Section 1 1200(b), may elect to attend a traffic violator school. 
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. 
Reference: Sections 1 1200, 1 1202, 15210 and 42005, Vehicle Code. 

History 

1. New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43). 

2. Amendment of section heading, section and Note filed 8-1 6-2005 as an emer- 
gency; operative 9-20-2005 (Register 2005, No. 33). A Certificate of Com- 
pliance must be transmitted to OAL by 1 -1 8-2006 or emergency language will 
be repealed by operation of law on the following day. 

3. Certificate of Compliance as to 8-16-2005 order transmitted to OAL 
1-18-2006 and filed 2-22-2006 (Register 2006, No. 8). 

§ 345.86. Refusal to Issue, Suspension, Revocation or 
Cancellation of a License. 

(a) In addition to the conditions specified in Sections 11215, 1 1215.5, 
11215.7 and 11216 of the Vehicle Code, the department may refuse to 
issue, suspend, or revoke a license for a traffic violator school for any of 
the following reasons: 

( 1 ) The traffic violator school wrote a check to the department that was 
thereafter dishonored when presented for payment. 

(2) The traffic violator school violated any of the provisions contained 
in this Article. 

(b) In addition to the conditions specified in Sections 11215, 11215.5, 
and 11215.7 of the Vehicle Code, the department may refuse to issue, 
suspend, or revoke a license for a traffic violator school operator for any 
of the following reasons: 

(1 ) The traffic violator school operator wrote a check to the department 
that was thereafter dishonored when presented for payment. 

(2) The traffic violator school operator violated any of the provisions 
contained in this Article. 

(c) In addition to the conditions specified in Sections 11215, 1 1215.5, 
and 1 1215.7 of the Vehicle Code, the department may refuse to issue, 
suspend, or revoke a license for a traffic violator school instructor for any 
of the following reasons: 

(1) The traffic violator school instructor wrote a check to the depart- 
ment that was thereafter dishonored when presented for payment. 

(2) The traffic violator school instructor violated any of the provisions 
contained in this Article. 

(d) A traffic violator school owner, operator or instructor license may 
be canceled by the department when the license was issued through error. 
NOTE: Authority cited: Sections 1651 and 1 1202(a)(2), Vehicle Code. Reference: 
Sections 11204, 11207, 11211, 11215 and 11215.7 and 11216, Vehicle Code. 

History 

1. New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43). 

§ 345.88. Monetary Penalties. 

Payment of the following monetary penalties may be required of a traf- 
fic violator school owner, operator or instructor pursuant to a stipulated 
settlement agreement between the Director and the licensee entered into 
under the authority of Vehicle Code Section 11218: 

(a) The monetary penalty shall not exceed one thousand dollars 
($1 ,000) for a traffic violator school owner or five hundred ($500) for a 
traffic violator school operator or instructor, per violation. 



(b) A minimum penalty of $15 and a maximum penalty of $500 shall 
be assessed for each violation of the following provisions of law: Vehicle 
Code Sections 1671, 11202(e), 11202.5, 11206, 11213(c), and 11219.5. 

(c) A minimum of $100 and a maximum of $1000 for each violation 
of the following provisions of law: Vehicle Code Sections 20, 11200, 
11202(a), 1 1212, 11213(a), 11213(b), 11213(d), 11 215, and 11 215.5 and 
11215.7. 

NOTE: Authority cited: Sections 1651, 11202(a)(2), 11218 and 11219. Vehicle 
Code. Reference: Section 11218, Vehicle Code. 

History 

1 . New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43). 

CESSATION OF BUSINESS 

§ 345.90. Voluntary or Involuntary Cessation of Business. 

Whenever a school ceases to do business for any period, either volun- 
tary or involuntarily: 

(a) The department may cancel or suspend use of the school's pub- 
lished telephone number(s). 

(b) The school shall surrender all owner, operator and instructor li- 
censes applicable to the school and all unused completion certificates. 

(c) The school shall provide the department with a telephone number 
and address of the owner or, if a corporation or partnership, a principal 
or partner, to enable the department to inquire as to specific records 
which the ex-licensee shall maintain for three (3) years following cessa- 
tion of business. The ex-licensee shall notify the department within ten 
(10) days of any change in either the telephone number or address. 

(d) No other traffic violator school shall buy or otherwise obtain the 
telephone number of a school which ceases to do business, except when 
a traffic violator school is sold in its entirety. 

NOTE: Authority cited: Sections 1651. 11202(a)(2) and 11219, Vehicle Code. 
Reference: Sections 8803, 1 1208(d), 1 1212, 11213, 1 1217.5 and 1 1219, Vehicle 
Code. 

History 
1. New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43). 



Article 5. 



Requesting Information from the 
Department 



§ 350.02. Definitions. 

As used in this article the following definitions shall apply; 

(a) Agent. As authorized by the department, a person or entity who is 
authorized by its preapproved requester to access, receive, or use depart- 
mental record information on behalf of its preapproved requester. 

(b) Business Use. Use for any approved governmental or commercial 
purpose. This includes both nonprofit and charitable purposes. 

(c) Casual Requester. Any person who is requesting information from 
the department's files and is not a preapproved requester. 

(d) Commercial Requester Account. An account opened to assure 
timely billing and payment due the department for the sale of information 
and identified by a unique number. 

(e) Commercial Requester Account Agreement. An agreement en- 
tered into between the department and a nongovernmental entity apply- 
ing for preapproved status to request information from the files of the de- 
partment. The signing of the agreement by both the nongovernmental 
entity and a representative of the department constitutes the basis to es- 
tablish a Commercial Requester Account and becomes part of the Com- 
mercial Requester Account Application required in section 350.16. 



[The next page is 28.1 1 .] 



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§ 350.06 



(f) Direct Requester. A requester code holder who makes information 
requests directly to the department, and is billed directly by the depart- 
ment through a Commercial Requester Account. 

(g) End User. Any requester code holder for whose use information is 
requested from the department's records. An end user may be either the 
person requesting the information or another person on whose behalf the 
information is requested. 

(h) Governmental Entity. The United States Government or any subdi- 
vision, 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; and any 
city, county, city and county or any agency or subdivision thereof. 

(i) Indirect Requester. A requester code holder making requests for de- 
partment information from another requester code holder. 

(j) Mailing Address. An address, reported separately from the resi- 
dence address, reported to the department as the address where mail is to 
be delivered to the addressee. A mailing address is mandatory only when 
mail cannot be delivered to the reporting individual's residence address. 
Otherwise a mailing address is optional. 

(k) On-Line Access. Direct access to the department's electronic data 
base through computerized equipment and communications lines fur- 
nished and maintained at no cost to the department. 

(/) Person. A natural person, governmental entity, partnership, corpo- 
ration, association, or the fictitious name under which one of the afore- 
mentioned does business. 

(m) Personal Identification Number. A unique configuration of num- 
bers and letters assigned by the department to requester code holders for 
use in conjunction with a requester code whenever the department in its 
sole discretion wishes to validate the identity of a direct requester when 
information is requested by telephone or in person. Personal identifica- 
tion numbers may be changed at the request of the person to whom issued 
or at the sole discretion of the department. 

(n) Preapproved Requester. Any person issued a requester code pur- 
suant to sections 350.08 or 350.26. 

(o) Public. All natural persons, partnerships, corporations or associ- 
ations. The public does not include governmental entities, preapproved 
requesters, natural persons requesting information concerning them- 
selves or their spouses or minor children, and partnerships, corporations 
or associations requesting information concerning vehicles registered to 
the partnership, corporation or association. 

(p) Requester Code. A unique configuration of numbers or letters and 
numbers assigned by the department to identify a requester. 

(q) Residence Address. A residence address is the address reported to 
the department by an individual as the place where that individual re- 
sides. 

(r) Special Permit. A signed agreement between the department and a 
Commercial Requester Account holder authorized on-line access to the 
department's electronic data base. 

(s) Vehicle Dealer's Agent. A person certified by a vehicle dealer, li- 
censed to do business in California, as its agent for the purpose of obtain- 
ing information directly from the department as a preapproved requester, 
pursuant to section 1808.23, subdivision (b), of the Vehicle Code. 

(t) Vehicle Manufacturer's Agent. A person certified by a vehicle 
manufacturer, licensed to do business in California, as its agent for the 
purpose of obtaining information directly from the department, either as 
a preapproved requester or a nonpreapproved requester, pursuant to sec- 
tion 1808.23(a) of the Vehicle Code. 

NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 
1 798.26, Civil Code. Reference: Sections 470, 1 808.2 1 , 1 808.22, 1 808.23, 1 8 1 0, 
1810.2, 1810.7 and 181 1, Vehicle Code; and Section 1798, Civil Code. 

History 

1 . Change without regulatory effect renumbering and amending former section 
320.02 to section 350.02 and amending and repositioning article 5 heading filed 
7-19-93 pursuant to title 1, section 100, California Code of Regulations (Regis- 
ter 93, No. 30). 

2. Amendment of subsection (a), new subsection (c), subsection relettering, re- 
pealer of subsection (j) and amendment of subsections (p) and (s) filed 
6-13-2001; operative 7-13-2001 (Register 2001, No. 24). 



§ 350.03. Address Elements. 

(a) The following elements of information constitute an address in the 
records of the department: 

(1 ) The street name and number, the route and box number, or the post 
office box number. 

(2) The city name. 

(3) The state name. 

(4) The county name or county code. 

(5) The five digit zip code. 

(6) The plus-four digit zip code. 

(b) All elements of a residence address in the department's records 
shall be confidential and shall not be released to a requester except as fol- 
lows: 

(1) As provided for in Vehicle Code sections 1808.21, 1808.22, or 
1808.23, or 

(2) When the requester certifies and the department determines that 
residence information is needed in order to comply with a state or federal 
statute, regulation, or rule of court that requires or permits the department 
to release residence information from the department's records. 

(c) The release of any elements of a mailing address in the department 
records to a nonpreapproved requester shall be restricted to those re- 
quests meeting the requirements of section 350.36(a)(6). 

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 . Change without regulatory effect renumbering former section 320.03 to section 

350.03 filed 7-19-93 pursuant to title 1 , section 1 00, Cal ifornia Code of Regu- 
lations (Register 93, No. 30). 

2. Amendment of subsections (b)(l)-(2) filed 6-13-2001 ; operative 7-13-2001 
(Register 2001, No. 24). 

§ 350.04. Information Access. 

Information may be obtained from the department's records in one or 
more of the following ways: 

(a) Directly from the department using an approved requester code. 

(b) Indirectly from the holder of a Commercial Requester Account 
who is authorized by the department to sell department information to an 
end user. The request must include both the requester code issued to the 
direct requester and the requester code issued to the end user. 

(c) Directly from the department using the procedures established for 
a casual requester pursuant to section 350.36. 

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 . 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 Regu- 
lations (Register 93, No. 30). 

2. Amendment of subsection (c) filed 6-13-2001; operative 7-13-2001 (Reeister 
2001, No. 24). 

§ 350.06. Governmental Entity's Application for a 
Requester Code. 

A governmental entity's application for a requester code shall be sub- 
mitted to the department's Information Services Branch in Sacramento 
on the Governmental Requester Account Application, Form INF 1130 
(12/90), provided by the department and shall include the following: 

(a) The type of governmental entity. 

(b) The name of the governmental entity. 

(c) The business and the mailing address of the governmental entity. 

(d) The telephone number of the governmental entity. 

(e) Any existing requester code(s) used by the governmental entity to 
obtain information from the department. 

(f) The primary function of the governmental entity and the purpose 
for requesting department information. 

(g) Whether the governmental entity uses exempt license plates as de- 
fined in section 4155 of the Vehicle Code. 

(h) Whether the governmental entity is a law enforcement agency, 
(i) Whether the governmental entity's investigators or agents are clas- 
sified as "peace officers" as described in section 830 of the Penal Code. 



Page 28.11 



Register 2001, No. 24; 6- 15-2001 



§ 350.08 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



(j) The procedures established to protect the confidentiality of infor- 
mation received from the department as required by Vehicle Code sec- 
tion 1808.47. 

(k) The name and title of the person responsible for compliance with 
the statutes and regulations pertaining to access and use of information 
from department records and a description of the person's position within 
the governmental entity. 

(/) The name, title and telephone number of the person to be contacted 
by the department to resolve problems. 

(m) A sworn statement signed and dated by the person described in 
subdivision (k) as to the truth of the contents of the application; the penal- 
ties for false representation and misuses of the information; and, the city, 
county and state where the document is executed. 

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 
181 1, Vehicle Code; and Section 1798.26, Civil Code. 

History 

1 . 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 Regu- 
lations (Register 93, No. 30). 

2. Amendment of first paragraph filed 6-13-2001 ; operative 7-13-2001 (Register 
2001, No. 24). 

§ 350.08. Assignment of Requester Codes, and Personal 
Identification Numbers to Governmental 
Entities. 

Any governmental entity whose application is approved shall be is- 
sued a requester code, and a personal identification number. 

NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code: and Section 
1798.26, Civil Code. Reference: Sections 1808.21, 1810and 1811, Vehicle Code; 
and Section 1798.26, Civil Code. 

History 
1 . 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 Regu- 
lations (Register 93, No. 30). 

§ 350.10. Governmental Entity's Request for Information. 

A governmental entity's request for information, including an on-line 
access request, must include the requester code issued to the governmen- 
tal entity. If the request is made by telephone or in person the personal 
identification number issued to the governmental entity may also be re- 
quired. The request must also include one or more of the following identi- 
fying points of the record from which information is requested: 

(a) For vehicle registration information the identifying points of the re- 
cord may be the license plate number, vehicle identification number, 
owner's full name, owner's full name and address, or any combination 
thereof. 

(b) For vessel registration information the identifying points of the re- 
cord may be vessel registration number, hull number, owner's full name, 
owner's full name and address, or any combination thereof. 

(c) For driver's license or identification card information, the identify- 
ing points of the record shall be at least one of the full name, driver's li- 
cense number, or identification card number. 

(d) For financial responsibility information the identifying points of 
the record may be the date, time and location of accident; full name of 
either driver involved; driver's license number of either driver; license 
plate number of a vehicle involved; the financial responsibility number 
assigned by the department; or any combination thereof. 

(e) For occupational licensing information the identifying points of the 
record may be the full name of the licensee, the name under which the 
licensee does business, the occupational license number, or any combi- 
nation thereof. 

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. 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 Regu- 
lations (Register 93, No. 30). 



§ 350.12. Priority for Processing Governmental Requests. 

Governmental requests for information shall be process in accordance 
with the following priorities: 

(a) Departmental processing. 

(b) Law Enforcement request processing. 

(c) Court request processing. 

(d) Other governmental request processing. 

NOTE: Authority cited: Sections 1651 and 1810. Vehicle Code; and Section 
1798.26. Civil Code. Reference: Sections 1810, 1810.7 and 181 1. Vehicle Code; 
and Section 1798.26, Civil Code. 

History 

1 . 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 Regu- 
lations (Register 93, No. 30). 

§ 350.14. Release of Information to Governmental Entity. 

Information shall be released to a governmental entity as soon as the 
information request is processed and without notice to the person to 
whom the information relates. 

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 . Change without regulatory effect renumbering former section 320. 1 4 to section 
350.14 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu- 
lations (Register 93, No. 30). 

§ 350.16. Information Required on a Nongovernmental 
Application for a Requester Code. 

(a) A nongovernmental original and a renewal application for a re- 
quester code shall be submitted to the department's Information Services 
Branch in Sacramento on the Commercial Requester Account Applica- 
tion, Form INF 1 106 (REV. 10/2000), and shall include the following: 

(1) The nongovernmental entity's business/organization name. 

(2) The nongovernmental entity's telephone number. 

(3) The business and the mailing address of the nongovernmental enti- 
ty- 

(4) The name, addresses and telephone numbers of the branch loca- 
tions of the nongovernmental entity that will be receiving information 
from the departments records. 

(5) Any existing requester code(s) issued by the department and used 
for the nongovernmental entity's business. 

(6) Whether the nongovernmental entity will purchase departmental 
information through a departmental preapproved requester. 

(7) Where the nongovernmental entity wants purchased information 
mailed. 

(8) If the nongovernmental entity is required to be licensed by the State 
of California or if the applicant is a member of the California State Bar 
list the business license number, the agency issuing the license, the type 
of license, and the date the license expires. Also, if applicable, list the fed- 
eral employer identification number, the corporation number, and the 
state that issued the number. 

(9) A description of the business or organization. 

(10) The purpose(s) for requesting information. 

(11) The medium of inquiry and delivery the nongovernmental entity 
requests. 

(12) Whether the nongovernmental entity will request information 
from the registration file; the driver's license file; the financial responsi- 
bility file; the occupational licensing file; or any combination thereof; 
and, whether the nongovernmental entity will request mailing address 
and/or residence address information. 

(13) If residence address information will be requested, the specific 
reasons such information will be requested, and the regulation, federal 
or state statute, identified by code name and section number, or rule of 
court that requires the department to release the residence address infor- 
mation. 

(14) If mailing address information will be requested, the specific rea- 
sons such information will be requested. 



Page 28.12 



Register 2001, No. 24; 6-15-2001 



Title 13 



Department of Motor Vehicles 



§ 350.22 



(15) Whether or not the nongovernmental entity will resell informa- 
tion to another preapproved requester. 

(J 6) A description of the nongovernmental entity's automated system 
design to be used for on-line access and record reproduction when the 
application is for on-line access. 

(J7) If the applicant is requesting access to residence address or mail- 
ing address information, a copy of the procedures established to protect 
the confidentiality of the information received from the department as re- 
quired by Vehicle Code section 1808.47. The security procedures shall 
address at least the extent to which access to the requester code, personal 
identification number, and information received from department re- 
cords is restricted. 

(1 8) The name and title of the person signing the agreement described 
in section 350. 1 8 who is responsible for compliance with the statutes and 
regulations pertaining to the access and use of information from depart- 
ment records, and a description of the person's position within the non- 
governmental entity. 

(19) The name, title and telephone number of the person to be con- 
tacted by the department to resolve problems. 

(20) A sworn statement signed and dated by the person described in 
subdivision (18) as to the truth of the contents of the application; the pen- 
alties for false representation and misuse of information; and, the city, 
county and state where the document is executed. 

(b) A nongovernmental entity shall notify the department's Informa- 
tion Services Branch in Sacramento in writing within ten (10) working 
days of any permanent termination of the need for information, or any 
change of the information required in subdivision (a). 

(c) A nongovernmental entity may have its authorization for access to 
residential information deleted by making either a written or verbal re- 
quest to that effect to the department. The request will be honored upon 
receipt. 

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. Change without regulatory effect renumbering and amending former section 
320.16 to section 350.16 filed 7-19-93 pursuant to title 1, section 100, Califor- 
nia Code of Regulations (Register 93, No. 30). 

2. Amendment filed 6-13-2001 ; operative 7-13-2001 (Register 2001, No. 24). 

§ 350.18. Additional Requirements for a Nongovernmental 
Application for a Requester Code. 

(a) A Commercial Requester Account Agreement, Form INF 1108 
(2/91), provided by the department shall be completed and submitted 
with the application required in section 350.16. 

(b) In addition to provisions contained in this article or in existing stat- 
ute, the agreement includes the following provisions: 

(1) The agreement is subject to any restrictions, limitations, or provi- 
sions enacted by the California State Legislature which may affect the 
provisions or terms set forth in the agreement. 

(2) The agreement is not assignable by the preapproved requester, ei- 
ther in whole or in part, without the prior written consent of the depart- 
ment. 

(3) The preapproved requester shall not sell or transfer ownership of 
a vehicle or vessel if the information received from the files of the depart- 
ment indicates a Department of Justice stop ("DOJ STOP"). The preap- 
proved requester shall notify the local police regarding the vehicle or ves- 
sel whenever the location of the vehicle or vessel is known to the 
preapproved requester. 

(4) If the preapproved requester receives residence address or mailing 
address information from the files of the department, the requester may 
release the address information to an agent, other than an employee of the 
requester acting on that requester's behalf, if the requester has on file at 
the business address listed on the application for a requester code a Secu- 
rity Statement, Form INF 1110 (12/90) provided by the department and 
signed by the agent. 

(5) The requester agree to defend, indemnify and hold harmless the de- 
partment and its officers, agents and employees from any and all claims, 
actions, damages or losses which may be brought or alleged against the 



department, its officers, agents or employees by reason of the negligent, 
improper, or unauthorized use or dissemination by the requester or its of- 
ficers, agents, or employees, of information furnished to the requester by 
the department or by reason of inaccurate information furnished to the 
requester by the department unless the requester can show that the depart- 
ment was originally furnished accurate information from the reporting 
source. 

(c) The agreement shall be dated and signed by the person described 
in section 350.16(a)(25); and, shall include the city, county, and state 
where the document is executed. 

NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 
1798.26,CivilCode.Reference:Sections 1808.21, 1808.47, 1810, 1810.2, 1810.7 
and 1811, Vehicle Code; and Section 1798.26, Civil Code. 

History 
1. Change without regulatory effect renumbering and amending former section 
320.18 to section 350.1 8 filed 7-19-93 pursuant to title 1 , section 100, Califor- 
nia Code of Regulations (Register 93, No. 30). 

§ 350.20. Certifications Required with Nongovernmental 
Applications for Access to Residence Address 
Information. 

(a) If the applicant for a requester code is an agent and is requesting 
access to residence addresses, an Information Services Certification of 
Agency, Form INF 1184 (2/91), provided by the department, shall be 
submitted with the application and shall include the following: 

(1) The name, address, telephone number, and the dealer or manufac- 
turer license number of the vehicle dealer or vehicle manufacturer certi- 
fying the agent. 

(2) The name, address, telephone number, and driver's license number 
of the agent being certified. 

(3) A certification by the vehicle dealer or vehicle manufacturer which 
authorizes the applicant to act as an agent for the purpose of obtaining 
information from the department pursuant to section 1808.23 of the Ve- 
hicle Code. 

(4) A signed statement, certified under the penalty of perjury, by the 
vehicle dealer or vehicle manufacturer in which the dealer of manufac- 
turer agrees to: 

(A) Hold the department harmless from any monetary loss to the de- 
partment by reason of the use of information obtained from the depart- 
ment by the agent; and 

(B) Pay to the department, its officers, and any other person(s) all civil 
damages occasioned to the department or such persons by reason of the 
acts or ommissions by the agent in obtaining information from the De- 
partment by means of false or misleading representations, or in selling, 
giving, or otherwise furnishing any information obtained from the De- 
partment records to any third party not specifically authorized and ap- 
proved by the Department. 

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 . Change without regulatory effect renumbering and amending former section 
320.20 to section 350.20 filed 7-1 9-93 pursuant to title 1, section 100, Califor- 
nia Code of Regulations (Register 93, No. 30). 

2. Repealer of subsections (a) and (b), subsection relettering, and amendment of 
newly designated subsection (a) filed 6-13-2001 ; operative 7-1 3-2001 (Regis- 
ter 2001, No. 24). 

§ 350.22. Fees Required with an Application for a 
Nongovernmental Requester Code. 

(a) A filing fee of two hundred and fifty dollars ($250) shall accompa- 
ny an original application and each biennial renewal application for a re- 
quester account when the applicant is requesting and is authorized by law 
to receive confidential residence address information. Applicants not au- 
thorized to receive, or not requesting, confidential residence address in- 
formation shall submit a filing fee of fifty ($50) with the original applica- 
tion and with each biennial renewal application. 

(b) If the application is for an on-line access special permit, a filing fee 
of two hundred and fifty dollars ($250) shall accompany an original ap- 
plication and each biennial renewal application. 



Page 28.13 



Register 2005, No. 30; 7-29-2005 



§ 350.24 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



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 181 1, Vehicle Code; and Section 1798.26, Civil Code. 

History 

1 . 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 Regu- 
lations (Register 93, No. 30). 

2. Editorial correction of subsection (a) (Register 95. No. 43). 

3. Amendment tiled 6-13-2001 ; operative 7-13-2001 (Register 2001, No. 24). 

§ 350.24. Bond Requirements for a Commercial Requester 
Account with Access to Confidential Address 
Information. 

(a) The bond required by Vehicle Code section 1 810.2(c) shall be ex- 
ecuted by an admitted surety insurer, on a Commercial Requester Ac- 
count Bond, form INF 1132 (REV. 9/2004), which is hereby incorpo- 
rated by reference and subject to chapter 2 (commencing with section 
995.01 0), title 14, of part 2 of the Code of Civil Procedure. The bond shall 
be conditioned that the applicant shall: 

(1) Pay to the State monies due for application fees and department 
costs related to the release or access of information from DMV records 
to the Principal; and 

(2) Pay for any loss or damage to the State, the department, its officers, 
and employees arising from the use of the requester account including: 

(A) Obtaining information from the department by means of false or 
misleading representations, 

(B) Using information obtained from the department for any purpose 
different from the purpose specified in the Principal's application for a 
Commercial Requester Account, and 

(C) Selling, giving, or otherwise furnishing any information obtained 
from department records to any third party not specifically authorized 
and approved by the department. 

(b) The bond requirement of this section shall be the only financial se- 
curity required of an on-line access permit holder pursuant to Vehicle 
Code section 1810.7(d). 

(c) The commercial requester account holder shall not access confi- 
dential address information pursuant to Vehicle Code section 1810.2 
when the bond falls below fifty thousand dollars ($50,000) or after the 
effective date of revocation or cancellation by the surety pursuant to sec- 
tion 996.310 of the Code of Civil Procedure without the filing of an ade- 
quate replacement bond. The commercial requester account holder may 
access confidential address information when the liability on the bond is 
at fifty thousand dollars ($50,000) or an adequate replacement bond has 
been filed with the department. 

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; and Section 
1798.26, Civil Code. 

History 

1 . 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 Regu- 
lations (Register 93, No. 30). 

2. Amendment of subsection (a) filed 6-1 3-2001 ; operative 7-13-2001 (Register 
2001, No. 24). 

3. Amendment of section heading, section and Note filed 7-27-2005; operative 
8-26-2005 (Register 2005, No. 30). 

§ 350.26. Assignment of Commercial Requester Accounts, 
Requester Codes, and Personnel Identification 
Numbers to Nongovernmental Entities. 

(a) Any nongovernmental entity submitting an application which is 
approved shall be issued a Commercial Requester Account number, one 
or more requester codes, and a personal identification number. Requester 
codes shall be assigned which permit access to information in accordance 
with the approved application. 

(b) Requester codes shall be issued for a period of two years from the 
date of application approval and may be renewed upon each biennial 
application for additional periods of two years each. 

(c) Any nongovernmental entity submitting an application which is 
disapproved shall not be issued the numbers and codes described in sub- 



division (a), and shall be notified in writing by the department of such dis- 
approval and the reasons therefor. 

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 181 1, Vehicle Code; Section 1798.26, Civil 
Code; and Section 1, Ch. 1213, Stats. 1989. 

History 
1 . 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 Regu- 
lations (Register 93, No. 30). 

§ 350.28. Nongovernmental Requester Code Holder's 
Request for Information. 

(a) A nongovernmental requester code holder's request, including an 
on-line access request, for information must include a requester code is- 
sued to the requester and, if acting on behalf of another, a requester code 
issued to the end user of the information. If the request is made by tele- 
phone or in person, the personal identification number of the requester 
code holder making the request may be required. The request must also 
include one or more of the following points of identification of the re- 
cord: 

(1) For vehicle registration information the points of identification in- 
clude the license plate number, or the vehicle identification number or the 
owner's name and full address. If the request is made in conjunction with 
a vehicle lien sale the points of identification shall include the vehicle 
identification number, make, and year model of the vehicle being sold. 

(2) For vessel registration information the points of identification in- 
clude the vessel registration number or hull number. 

(3) For driver's license or identification card information the points of 
identification include either the full name and date of birth, or the full 
name and driver's license or identification card number. 

(4) For financial responsibility information the points of identification 
include the date, time and location of accident; the full name of either 
driver involved; the driver's license number of either driver; the license 
plate number of a vehicle involved; the financial responsibility number 
assigned by the department; or any combination thereof. 

(5) For occupational licensing information the points of identification 
include the full name of the licensee, the name under which the licensee 
does business, or the occupational license number. 

(b) If the end user of information that includes a residence address is 
a financial institution, the financial institution must determine before 
submitting the request, either that it has obtained a written waiver of the 
right to confidentiality of residence address signed by the individual 
about whom the information is requested, or that such individual is pres- 
ently obligated to the financial institution under an agreement that was 
executed prior to July 1, 1990. 

(c) If the end user of information that includes a residence address is 
an insurance company, the insurance company must determine before 
submitting the request, that it obtained a written waiver of the right to 
confidentiality of residence address signed by the individual about whom 
the information is requested; that such individual is presently insured un- 
der a policy, and that a named insured under that policy signed such a 
written waiver; or that such individual was involved in an accident with 
a person who is insured by the end user. 

(d) If the end user of information that includes a residence address is 
an attorney, the attorney must determine before submitting the request, 
that the request is pursuant to section 1808.22(c) of the Vehicle Code. 

(e) If the end user of the information that includes a residence address 
is a vehicle manufacturer or a vehicle manufacturer' s agent, the manufac- 
turer or the agent must determine before submitting the request, that the 
request is pursuant to section 1808.23(a) of the Vehicle Code. 

(f) If the end user of the information that includes a residence address 
is a vehicle dealer or a vehicle dealer' s agent, the dealer or the agent must 
determine before submitting the request, that the request is pursuant to 
section 1808.23(b) of the Vehicle Code. 

(g) If the end user of the information that includes a residence address 
is requesting the information as permitted under subdivision (h) of sec- 
tion 1798.24 of the Civil Code, the requester must determine before sub- 



Page 28.14 



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Title 13 



Department of Motor Vehicles 



§ 350.36 



• 



mitting the request, that no persons will be contacted by mail or otherwise 
at the address included with the information. 

(h) If the end user of information that includes a residence address is 
not requesting the residence address information pursuant to section 
J 808.22 or 1 808.23 of the Vehicle Code, the end user must cite a federal 
or state statute, regulation, or rule of court that specifically requires the 
department to release the residence address information from its records. 
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 181 1, Vehicle Code; Section 1798.26, Civil 
Code; and Section 1, Ch. 1213. Stats. 1989. 

History 

1. Change without regulatory effect renumbering and amending former section 
320.28 to section 350.28 filed 7-19-93 pursuant to title 1, section 100, Califor- 
nia Code of Regulations (Register 93. No. 30). 

2. Amendment of subsections (b), (c) and (h) filed 6-13-2001; operative 
7-13-2001 (Register 2001, No. 24). 

§ 350.30. Priority for Processing Nongovernmental 
Requests. 

Nongovernmental requests for information shall be processed in ac- 
cordance with the following priority: 

(a) Departmental processing. 

(b) Governmental request processing. 

(c) Nongovernmental request processing. 

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 . 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 Regu- 
lations (Register 93, No. 30). 

§ 350.32. Release of Information to Commercial Requester 
Account Holder. 

(a) Information may be released to a Commercial Requester Account 
holder as soon as the information request is processed and without notice 
to the person to whom the information relates. 

(b) Residence address information shall be deleted from copies of non- 
electronically stored records before such copies may be released to any 
person not authorized access to residence address information. Copies of 
nonelectronically stored records shall not be released to those entities de- 
fined as the public pursuant to section 350.02(o). 

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. Change without regulatory effect renumbering and amending former section 
320.32 to section 350.32 filed 7-19-93 pursuant to title 1, section 100, Califor- 
nia Code of Regulations (Register 93, No. 30). 

§ 350.34. Additional Security Requirements for On-Line 
Access. 

On-line access special permit holders shall be responsible for security 
of the system and the information received as follows: 

(a) When access to address information is authorized, terminal or mo- 
dems shall not be left unattended unless secured by a locking device or 
placed in a locked room. 

(b) Video terminals, printers, or other forms of information duplica- 
tion shall be placed so that address information may not be viewed by the 
public. 

(c) Access to codes and operational manuals shall be restricted to per- 
sons authorized access to department information, and who have signed 
an Employee Security Statement, Form INF 1 128 (3/97), provided by the 
department. 

(d) Each person authorized on-line access by a special permit holder 
shall sign an Employee Security Statement, Form INF 1 128 (3/97) for his 
or her employer. The statement shall be retained by the employer for a 
period of two (2) years. A new statement shall be signed annually. 

(e) The special permit holder shall maintain at the business address 
listed on its application a current list of the names of persons authorized 



access to department information. The list shall be initialed and dated by 
each authorized employee. 

(f) The special permit holder shall notify the department's Office of 
Information Services in Sacramento, in writing, by the end of the next 
business day following the termination of authority of any person to ac- 
cess department information. The special permit holder shall maintain a 
list of the names of persons whose authority to access information was 
terminated and the reason for the termination. Names shall not be purged 
from the list for a period of at least two (2) years from the date of termina- 
tion. The list shall be available for inspection by the department at the 
business address listed on the permit holder's application, during normal 
business hours, on one business day's notice from the department. 

(g) If the special permit holder suspects any misuse of the system or 
department information by any person, the suspicion shall be reported to 
the department's Office of Information Services by telephone immedi- 
ately, and in writing within three (3) days. 

(h) The special permit holder shall be responsible for administering the 
terms and conditions of the permit agreement and department regulations 
in this article, and for the orientation, training, and supervision of persons 
authorized on-line access pursuant to the permit. 

NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 
1798.26, Civil Code. Reference: Sections 1810, 1810.7 and 181 1, Vehicle Code; 
and Section 1798.26, Civil Code. 

History 

1 . 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 Regu- 
lations (Register 93, No. 30). 

2. Amendment of subsections (c) and (d) tiled 6-13-2001 ; operative 7-13-2001 
(Register 2001, No. 24). 



§ 350.36. Casual Requests for Information. 

(a) A casual requester may submit a request for information in person 
or by mail at any office of the department. The request shall be made in 
writing and shall include the following information: 

(1) The name of the requester. 

(2) The residence or business address and telephone number of the re- 
quester. 

(3) The reason the information is requested. 

(4) The intended use of the information requested. 

(5) If residence address information is requested, the specific reasons 
such information is being requested, and the regulation, federal or state 
statute, identified by code name and section number, or rule of court that 
requires the department to release the residence address information. 

(6) If mailing address information is requested, the reason such infor- 
mation is being requested. Acceptable reasons are for use in connection 
with assessment of driver risk or ownership of vehicles or vessels. 

(b) Whether submitted by mail or in person, a casual requester's re- 
quest for information must include the following points of identification 
of the record requested. 

(1) For vehicle registration information the points of identification 
may be the license plate number or vehicle identification number; or the 
owner's name and full address. If the request is made in conjunction with 
a vehicle lien sale the points of identification shall include the vehicle 
identification number, make, and year model of the vehicle being sold. 

(2) For vessel registration information the points of identification may 
be the vessel registration number or hull number. 

(3) For driver's license or identification card information the points of 
identification may be either the full name and date of birth or the full 
name and driver' s license number or the full name and identification card 
number. 

(4) For financial responsibility information the points of identification 
may be the date, time and location of accident; the full name of either 
driver involved; the driver's license number of either driver; the license 
plate number of a vehicle involved; the financial responsibility number 
assigned by the department; or any combination thereof. 

(5) For occupational licensing information the points of identification 
may be the full name of the licensee; the name under which the licensee 



Page 28.15 



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§ 350.38 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



does business, the occupational license number, or any combination 
thereof. 

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. Change without resulatory effect renumbering and amending former section 
320.36 to section 350.36 filed 7-19-93 pursuant to title 1. section 100, Califor- 
nia Code of Regulations (Register 93, No. 30). 

2. Amendment of section heading and subsections (a) and (a)(5), repealer of sub- 
section (a)(5)(A) and amendment of subsection (b) filed 6-13-2001; operative 
7-13-2001 (Register 2001, No. 24). 



§ 350.38. Identification of Casual Requesters. 

(a) No request for information made in person by a casual requester 
shall be processed until the requester's true identity is established to the 
satisfaction of the department. Acceptable evidence of identification 
shall be: 

(1) A valid California driver's license. 

(2) A valid California identification card. 

(3) A valid foreign state driver's license. 

(4) Any other identification cards issued by a governmental agency. 

(5) A valid California State Bar membership card. 

(b) No request for information submitted by mail by a casual requester 
shall be processed until the requester's true identity is established to the 
satisfaction of the department. Acceptable evidence of identification 
shall be: 

(1) The number of the requester's valid California driver's license. 

(2) The number of the requester's valid California identification card. 

(3) The number of the requester's valid foreign state driver's license. 

(4) The number and identity of the requester' s valid identification doc- 
ument issued by a governmental entity. 

(5) The number of the requester's valid California State Bar member- 
ship card. 

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 . 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 Regu- 
lations (Register 93, No. 30). 

2. Amendment of section heading and subsections (a) and (b) filed 6-1 3-2001 ; op- 
erative 7-13-2001 (Register 2001, No. 24). 

§ 350.40. Release of Information to Casual Requester. 

(a) Information may be released to a casual requester either in person 
or by mail and as soon as the information request is processed if the re- 
quester is properly identified and is acting in the course of employment 
for a governmental entity. 

(b) Information may be released to a casual requester either in person 
or by mail and as soon as the information request is processed if the re- 
quester is properly identified and has satisfied the department that the in- 
formation is required without delay to comply with a regulation, rule of 
court or federal or state statute, and the applicant has furnished the infor- 
mation required by section 350.36(a)(5). 

(c) Information may be released to a casual requester who is requesting 
information pursuant to section 1808.22(a), 1808.22(b), 1808.22(c), 
1808.23(a), 1808.23(b), or 1808.23(c), either in person or by mail, and 
as soon as the information request is processed provided that the appli- 
cant has furnished the department with the information required or by the 
specific subdivision which permits the request. 

(d) Information may be released to a casual requester either in person 
or by mail and as soon as the information request is processed if the re- 
quester is properly identified and has satisfied the department that the in- 
formation is from applicant's own record or from the record of a spouse 
or minor child when the department's record reflects the same residence 
address for the subject of record and the requester. 



(e) Except as provided in subdivisions (a), (b), (c), and (d) information 
shall be released by mail to a casual requester, but not until ten ( 1 0) work- 
ing days from the date the request is received at the department's In- 
formation Services Branch. Whether or not release of the information is 
delayed, the department shall furnish the person to whom the information 
relates with the name of the person making the request and the identity 
of the information requested. The address of the person requesting the in- 
formation shall not be disclosed to the person to whom the information 
relates. 

(f) If, during the ten (10) day period referred to in subdivision (e), the 
department's Office of Information Services receives a written objection 
to the release of the information from the person to whom the information 
relates, the department may further delay the release of the information 
for as long as is necessary to evaluate the objection. If the department de- 
termines that the public interest in withholding the information out- 
weighs the public interest in releasing the information, then the informa- 
tion shall not be released. If the information is not released, both the 
requester and the person to whom the information relates shall be noti- 
fied, in writing, about the decision to withhold the information. If the de- 
partment determines that the public interest in releasing the information 
outweighs the public interest in withholding the information, the infor- 
mation shall be released but only after the person making the objection 
is notified that the department intends to release the information. 

(g) Whether the request for information is received by mail or in per- 
son, the information approved for release to a casual requester may be 
mailed to the requester at the address furnished by the requester. 

(h) Residence address information shall be deleted from copies of non- 
electronically stored records before such copies may be released to any 
person other than a governmental entity. Copies of nonelectronically 
stored records shall not be released to those entities defined as the public 
pursuant to section 350.02(o). 

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 1 798.26, Civil Code; Section 6255, Govern- 
ment Code; and Section 1, Ch. 1213, Stats. 1989. 

History 

1 . Change without regulatory effect renumbering and amending former section 
320.40 to section 350.40 filed 7-1 9-93 pursuant to title 1 , section 100, Califor- 
nia Code of Regulations (Register 93, No. 30). 

2. Amendment of section heading and subsections (a)-(e) and (g) filed 
6-13-2001; operative 7-13-2001 (Register 2001, No. 24). 

§ 350.42. Use of Information. 

Any use of the information for a purpose other than the use stated in 
the approved application for a requester code or in the approved informa- 
tion request is prohibited. 

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, 
1 808.47, 1 810. 1 81 0.7 and 1 81 1 , Vehicle Code; Section 1798.26, Civil Code; and 
Section l,Ch. 1213, Stats. 1989. 

History 
1 . 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 Regu- 
lations (Register 93, No. 30). 

§ 350.44. Cost of Information. 

(a) Information shall be furnished to a governmental entity without 
charge. 

(b) Nongovernmental Commercial Requester Account holders shall 
be charged for information according to the following schedule: 

(1) Two dollars ($2) for each record requested electronically. 

(2) Five dollars ($5) for each record requested in writing or by tele- 
phone. 

(3) Twenty dollars ($20) for each copy of a nonelectronically stored 
record. 

(4) One hundred dollars ($100) per thousand records for a bulk request 
for all records which meet a specified criteria not related to a specific per- 
son or vehicle. 

(c) Casual requesters shall be charged for information according to the 
following schedule: 



Page 28.16 



Register 2002, No. 39; 9-27-2002 



Title 13 



Department of Motor Vehicles 



§ 350.52 



• 



(J) Five dollars ($5) for each computer printout. 

(2) Twenty dollars ($20) for each copy of a nonelectronically stored 
record. 

(3) One hundred dollars ($1 00) per thousand records for a bulk request 
for all records which meet a specified criteria not related to a specific per- 
son or vehicle. 

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 . 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 Regu- 
lations (Register 93, No. 30). 

2. Amendment of subsection (c) filed 6-1 3-2001 ; operative 7-1 3-2001 (Reeister 
2001, No. 24). 

3. Amendment of section and Note filed 4-29-2002 as an emergency; operative 
4-29-2002 (Register 2002, No. 1 8). A Certificate of Compliance must be trans- 
mitted to OAL by 8-27-2002 or emergency language will be repealed by opera- 
tion of law on the following day. 

4. A court order issued 7-3-2002 invalidated application of the amendment of 
4-29-2002 to commercial requesters for electronic access to drivers' license in- 
formation {Personal Insurance Federation of California el al. v. California De- 
partment of Motor Vehicles, Sacramento County Superior Court, Case No. 
02CS00702). 

5. Certificate of Compliance as to 4-29-2002 order transmitted to OAL 
8-12-2002; withdrawn by Department of Motor Vehicles 9-23-2002. Rein- 
statement of section and Note as they existed prior to 4-29-2002 emergency 
amendment by operation of law 9-24-2002 (Register 2002, No. 39). 

§ 350.46. Payment for Information. 

(a) Nongovernmental Commercial Requester Account holders shall 
be billed monthly, in arrears, for information requested by the Commer- 
cial Requester Account holder and processed by the department. The bill 
shall be payable, in full, upon receipt. If any amount remains unpaid sixty 
(60) days after the invoice date, the Commercial Requester Account 
holder's requester codes shall be revoked unless the Commercial Re- 
quester Account holder disputes the amount of the bill, in writing, within 
thirty (30) days of the invoice/date. If the amount of the bill is disputed, 
the Commerical Requester Account holder's requester codes shall not be 
revoked until thirty (30) days after the department confirms the amount 
of any disputed bill and rebills the Commercial Requester Account hold- 
er. 

(b) Casual requesters shall pay in cash, money order, or check at the 
time the request for information is submitted to the department. 
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 
1798.26, Civil Code. Reference: Sections 1810 and 1811, Vehicle Code; and Sec- 
tion 1798.26, Civil Code. 

History 

1 . 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 Regu- 
lations (Register 93, No. 30). 

2. Amendment of subsection (b) filed 6-13-2001 ; operative 7-13-2001 (Register 
2001, No. 24). 

§ 350.48. Retention of Records. 

(a) The department shall retain a record of each request for information 
from a casual requester for a period of ninety (90) days from the date the 
request is received, and from a preapproved requester for a period of two 
(2) years for the date the request is received. The record retained may in- 
dicate whether the request was granted, in whole or in part, and may iden- 
tify the information released, if any. 

(b) Each requester code holder authorized to resell information to 
another requester shall maintain a monthly record of each request for in- 
formation for a period of five (5) years from the date of the request, show- 
ing the date of the date of the request, the type of information requested 
(vehicle or vessel registration, drivers license, financial responsibility, or 
occupational licensing), the identity of the end user including indirect re- 
questers, and identify the proposed use of information as approved by the 
department, in that order. 

(c) Each requester code holder who is requesting or receiving confi- 
dential information, but who is not reselling the confidential information, 
shall maintain a monthly record of each request for information for a peri- 



od of two (2) years from the date of the request, showing the date of the 
request, the requester code of the person making the request to the depart- 
ment, the type of information requested (vehicle or vessel registration, 
drivers license, financial responsibility, or occupational licensing), 
points of identification used for the request (e.g., license number and date 
of birth), and the purpose of the request, in that order. 
NOTE: Authority cited: Section 1 798.26, Civil Code; Sections 1 65 1 and 1 8 1 0, Ve- 
hicle Code. Reference: Section 1798.26, Civil Code; Sections 1808.46, 1810 and 
1811. Vehicle Code; and Driver's Privacy Protection Act (18 U.S.C., Section 
2721). 

History 

1 . 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 Regu- 
lations (Register 93, No. 30). 

2. Amendment of section and Note filed 6-13-2001 ; operative 7-1 3-2001 (Reg- 
ister 2001, No. 24). 

§ 350.50. Inspection of Records. 

(a) Each requester code holder shall keep the records retained pursuant 
to sections 350.48 and 350.1 8(b)(4) at the business address listed on the 
requester code holder's application for a requester code. 

(b) The place of business shall be open to an electronic or manual audit 
of the records required to be retained during normal business hours, im- 
mediately upon request from the department or the department's repre- 
sentative. 

NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 
1 798.26, Civil Code. Reference: Sections 1808.46. 1 810 and 1 81 1 , Vehicle Code; 
and Section 1798.26, Civil Code. 

History 

1. Change without regulatory effect renumbering and amending former section 
320.50 to section 350.50 filed 7-1 9-93 pursuant to title 1 , section 1 00, Califor- 
nia Code of Regulations (Register 93, No. 30). 

2. Amendment of subsection (b) filed 6-13-2001 ; operative 7-13-2001 (Register 
2001, No. 24). 

§ 350.52. Refusal, Suspension or Revocation of Requester 
Codes. 

(a) The department may suspend or revoke a requester code or an on- 
line access special permit, may refuse to issue a requester code or on-line 
access special permit, or may refuse to approve access to confidential ad- 
dress information, after notice and opportunity to be heard, for any of the 
following reasons: 

(1) The application is incomplete. 

(2) The applicant requests access to residence address information 
when not authorized such access pursuant to statute, regulation, or rule 
of court. 

(3) Based on the applicant's stated purpose for requesting information, 
the department determines that the public interest in withholding the in- 
formation outweighs the public interest in releasing the information. 

(4) The information on the application for a requester code is incorrect, 
false, misleading, or identifies an intended misuse of the information re- 
quested. 

(5) The applicant, or a representative of the applicant, was previously 
the holder or a managerial employee of the holder of a requester code re- 
voked for cause and never reissued by the department, or suspended for 
cause and the terms of the suspension are not fulfilled. For the purposes 
of this subdivision, a representative means a proprietor, limited or gener- 
al partner, a managerial employee, or a director or officer active in the 
management, direction, or control of the business of the requester code 
holder. A managerial employee is any person who exercises managerial 
control over the business of a requester code holder. 

(6) The holder, or any employee of the holder, used information re- 
ceived from the department for a purpose other than the purpose stated 
in the holder's application for a requester code. 

(7) The bond required pursuant to section 350.24 is canceled and a re- 
placement bond is not filed with the department prior to the cancellation. 

(8) The holder submitted a check, draft, or money order to the depart- 
ment, that was thereafter dishonored when presented for payment. 

(9) The holder sold or otherwise delivered information obtained from 
the department to a person other than the requester code holder for whom 



Page 28.17 



Register 2002, No. 39; 9-27-2002 



§ 350.53 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 13 



the information was obtained except as provided for in section 
350.18(b)(6). 

(10) The holder failed to pay for information received from the depart- 
ment. 

(11) The holder or any representative of the holder represented to any 
person that the holder or such representative as an officer, agent or em- 
ployee of the department. 

(12) The holder published any false or misleading advertising related 
to the purchase of information from the department. 

(13) The holder used the DMV logogram in any advertising or other 
materials used in the business of the holder. If the holder uses the DMV 
logogram in any advertising, the advertising shall neither state nor infer 
that there is any official connection between DMV and the advertiser or 
that DMV has sanctioned or approved of either the advertisement or the 
advertiser's services. 

(14) The holder violated any of the provisions contained in this article. 

(b) The notice and hearing provided for in this section shall be con- 
ducted pursuant to chapter 5 (commencing with section 11500) of part 
1 of division 3 of title 2 of the Government Code. 

(c) This section shall remain in effect only until October 1, 2000, and 
as of that date is repealed. 

(d) From October 1 , 1998 through September 30, 2000, provisions of 
this section shall apply only to requester codes issued or renewed on or 
before October 1, 1998. 

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 l,Ch. 1213, Stats. 1989. 

History 

1. Change without regulatory effect renumbering and amending former section 

320.52 to section 350.52 filed 7-19-93 pursuant to title 1, section 100, Califor- 
nia Code of Regulations (Register 93, No. 30). 

2. New subsections (c) and (d) filed 8-31-98; operative 9-30-98 (Register 98, No. 
36). 

§ 350.53. Surrender of Records. 

(a) Upon termination of a requester account agreement, the holder 
shall surrender to the department all records retained pursuant to sections 
350.48 and 350.18(b)(4). The records shall be delivered to the depart- 
ment's Office of Information Services in Sacramento not later than the 
end of the third departmental business day following the date of termina- 
tion of the agreement. 

(b) Whenever notification is made pursuant to section 350.16(b) of 
any permanent determination of the need for information, all records re- 
tained pursuant to sections 350.18(b)(4) and 350.48 shall be delivered 
with the notification to the department's Office of Information Services 
in Sacramento. 

(c) The department shall provide a no fee copy of the surrendered re- 
cords to the account holder not later than 60 days from the date of surren- 
der, provided that the account holder requests a copy, in writing, at the 
time of surrender. 

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. Change without regulatory effect renumbering and amending former section 

320.53 to section 350.53 filed 7-19-93 pursuant to title 1, section 100, Califor- 
nia Code of Regulations (Register 93, No. 30). 

2. Amendment of subsection (a) filed 8-31-98; operative 9-30-98 (Register 98,