Vehicle Code — Part 1 | VEH — United States — California law | Esheria

Vehicle Code

Part 1 of 19 · provisions 1–200

This section says the act is named the Vehicle Code.

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The definitions in this code apply when construing the code unless the provision or context requires otherwise. “Ability to respond in damages” means financial responsibility. Police officers must report stolen-vehicle and lost-or-stolen plate information to the Department of Justice system, and the reporting agency must notify the reporting party when a vehicle is recovered. A person must not make or file a false or fraudulent vehicle-theft report with any law enforcement agency, if done with intent to deceive. A vehicle’s owner or legal owner may report theft or embezzlement to the California Highway Patrol, and must report recovery after making that notice.

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Provisions of Vehicle Code

Showing 200 of 3,721

  1. 1.

    ## Vehicle Code - VEH ## General Provisions ( General Provisions enacted by Stats. 1959, Ch. 3. )

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    This section says the act is named the Vehicle Code.

    ## Vehicle Code - VEH ## General Provisions ( General Provisions enacted by Stats. 1959, Ch. 3. ) ## 1. This act shall be known as the Vehicle Code. (Enacted by Stats. 1959, Ch. 3.)
  2. 10.

    ## Vehicle Code - VEH ## General Provisions ( General Provisions enacted by Stats. 1959, Ch. 3. )

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    References to this code or any other law include all past and future amendments and additions.

    ## Vehicle Code - VEH ## General Provisions ( General Provisions enacted by Stats. 1959, Ch. 3. ) ## 10. Whenever any reference is made to any portion of this code or of any other law, such reference shall apply to all amendments and additions heretofore or hereafter made. (Enacted by Stats. 1959, Ch. 3.)
  3. 100.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    The definitions in this code apply when construing the code unless the provision or context requires otherwise.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 100. Unless the provision or context otherwise requires, these definitions shall govern the construction of this code. (Enacted by Stats. 1959, Ch. 3.)
  4. 102.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    “Ability to respond in damages” means financial responsibility.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 102. “Ability to respond in damages” means financial responsibility. (Added by renumbering Section 95 by Stats. 1992, Ch. 974, Sec. 2. Effective September 28, 1992.)
  5. 105.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “agricultural water-well boring rig” as a motor vehicle used exclusively to bore water-wells on agricultural property.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 105. An “agricultural water-well boring rig” is a motor vehicle which is used exclusively in the boring of water-wells on agricultural property. (Enacted by Stats. 1959, Ch. 3.)
  6. 10500.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Reports of Stolen Vehicles [10500 - 10505] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    Police officers must report stolen-vehicle and lost-or-stolen plate information to the Department of Justice system, and the reporting agency must notify the reporting party when a vehicle is recovered.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Reports of Stolen Vehicles [10500 - 10505] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 10500. (a) A peace officer, upon receiving a report based on reliable information that a vehicle registered under this code has been stolen, taken, or driven in violation of Section 10851, or that a leased or rented vehicle has not been returned within five days after its owner has made written demand for its return, by certified or registered mail, following the expiration of the lease or rental agreement, or that license plates for a vehicle have been lost or stolen, shall, immediately after receiving that information, report the information to the Department of Justice Stolen Vehicle System. An officer, upon receiving information of the recovery of a vehicle described in this subdivision, or of the recovery of plates which have been previously reported as lost or stolen, shall immediately report the fact of the recovery to the Department of Justice Stolen Vehicle System. At the same time, the recovering officer shall advise the Department of Justice Stolen Vehicle System and the original reporting law enforcement agency of the location and condition of the vehicle or license plates recovered. The original reporting law enforcement agency, upon receipt of the information from the recovering officer, shall immediately attempt to notify the reporting party by telephone, if the telephone number of the reporting party is available or readily accessible, of the location and condition of the recovered vehicle. If the reporting party’s telephone number is unknown, or notification attempts were unsuccessful, the original reporting law enforcement agency shall notify the reporting party by placing, in the mail, a notice providing the location and condition of the recovered vehicle. This written notice shall be mailed within 24 hours of the original reporting law enforcement agency’s receipt of the information of the recovery of the vehicle, excluding holidays and weekends. (b) If the recovered vehicle is subject to parking or storage charges, Section 10652.5 applies. (c) This section shall become operative on January 1, 2024. (Repealed (in Sec. 1) and added by Stats. 2019, Ch. 609, Sec. 2. (AB 391) Effective January 1, 2020. Section operative January 1, 2024, by its own provisions.)
  7. 10501.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Reports of Stolen Vehicles [10500 - 10505] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    A person must not make or file a false or fraudulent vehicle-theft report with any law enforcement agency, if done with intent to deceive.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Reports of Stolen Vehicles [10500 - 10505] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 10501. (a) It is unlawful for any person to make or file a false or fraudulent report of theft of a vehicle required to be registered under this code with any law enforcement agency with intent to deceive. (b) If a person has been previously convicted of a violation of subdivision (a), he or she is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or two or three years, or in a county jail for not to exceed one year. (Amended by Stats. 2011, Ch. 15, Sec. 601. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  8. 10502.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Reports of Stolen Vehicles [10500 - 10505] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    A vehicle’s owner or legal owner may report theft or embezzlement to the California Highway Patrol, and must report recovery after making that notice.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Reports of Stolen Vehicles [10500 - 10505] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 10502. (a) The owner or legal owner of a vehicle registered under this code which has been stolen or embezzled may notify the Department of the California Highway Patrol of the theft or embezzlement, but in the event of an embezzlement other than an embezzlement as specified in Section 10855, may make the report only after having procured the issuance of a warrant for the arrest of the person charged with the embezzlement. (b) Every owner or legal owner who has given any notice under subdivision (a) shall notify the Department of the California Highway Patrol of a recovery of the vehicle. (Amended by Stats. 1992, Ch. 290, Sec. 2. Effective January 1, 1993.)
  9. 10503.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Reports of Stolen Vehicles [10500 - 10505] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    The Department of Justice must notify the Department of Motor Vehicles when it receives notice that a vehicle was stolen, taken or driven in violation of Section 10851, or recovered after being reported stolen or taken or driven in violation of that section.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Reports of Stolen Vehicles [10500 - 10505] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 10503. The Department of Justice upon receiving notice under this chapter that a vehicle has been stolen, or taken or driven in violation of Section 10851, or that a vehicle reported stolen, or taken or driven in violation of Section 10851 has been recovered, shall notify the Department of Motor Vehicles of the reported theft, taking or driving, or recovery. (Amended by Stats. 1972, Ch. 98.)
  10. 10504.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Reports of Stolen Vehicles [10500 - 10505] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    When a stolen-vehicle report is received, the department must enter a notice, stop processing new certificates until DOJ clearance, and keep the notice on file until DOJ sends a deletion.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Reports of Stolen Vehicles [10500 - 10505] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 10504. The department upon receiving a report of a stolen vehicle, or of a vehicle taken or driven in violation of Section 10851, shall place an appropriate notice in the electronic file system which will identify such vehicles during the processing of new certificates of registration, ownership, or registration and ownership. When such vehicles are thus identified, processing shall be discontinued and the Department of Justice shall be notified. New certificates shall not be issued until cleared by the Department of Justice. Notices shall remain in the Department of Motor Vehicles system until a Department of Justice deletion is received. A report of a stolen vehicle, or of a vehicle taken or driven in violation of Section 10851, is effective for a period of not less than one year from the date first reported or longer as the department may determine. (Amended by Stats. 1972, Ch. 98.)
  11. 10505.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Reports of Stolen Vehicles [10500 - 10505] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    When registration is transferred for a vehicle reported stolen or embezzled, the department must immediately notify the reporting agency.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Reports of Stolen Vehicles [10500 - 10505] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 10505. Upon the transfer of registration of a vehicle reported as stolen or embezzled, the department shall immediately notify the reporting agency of such fact. (Enacted by Stats. 1959, Ch. 3.)
  12. 10550.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Reports of Stolen Vessels [10550 - 10554] ( Chapter 1.5 added by Stats. 1970, Ch. 1428. )

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    This chapter uses the terms and definitions from Section 9840, unless the context clearly requires a different meaning.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Reports of Stolen Vessels [10550 - 10554] ( Chapter 1.5 added by Stats. 1970, Ch. 1428. ) ## 10550. In this chapter, unless the context clearly requires a different meaning, the terms and definitions set forth in Section 9840 shall apply. (Amended by Stats. 1973, Ch. 759.)
  13. 10551.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Reports of Stolen Vessels [10550 - 10554] ( Chapter 1.5 added by Stats. 1970, Ch. 1428. )

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    Peace officers must immediately report stolen undocumented vessels, and must also immediately report the recovery of any vessel they previously reported stolen, to the Department of Justice Automated Boat System.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Reports of Stolen Vessels [10550 - 10554] ( Chapter 1.5 added by Stats. 1970, Ch. 1428. ) ## 10551. Every peace officer upon receiving a report based on reliable information that any undocumented vessel numbered under this code has been stolen shall immediately after receiving such information report the theft to the Department of Justice, Automated Boat System, and such peace officer upon receiving information of the recovery of any such vessel which he has previously reported as stolen, shall immediately report the fact of the recovery to the Department of Justice, Automated Boat System. (Amended by Stats. 1980, Ch. 617, Sec. 5.)
  14. 10551.5.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Reports of Stolen Vessels [10550 - 10554] ( Chapter 1.5 added by Stats. 1970, Ch. 1428. )

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    When the Department of Justice receives notice that a vessel has been stolen or recovered, it must notify the Department of Motor Vehicles.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Reports of Stolen Vessels [10550 - 10554] ( Chapter 1.5 added by Stats. 1970, Ch. 1428. ) ## 10551.5. The Department of Justice upon receiving notice under this chapter that a vessel has been stolen or that a vessel reported stolen has been recovered shall notify the Department of Motor Vehicles of the reported theft or recovery. (Added by Stats. 1980, Ch. 617, Sec. 6.)
  15. 10552.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Reports of Stolen Vessels [10550 - 10554] ( Chapter 1.5 added by Stats. 1970, Ch. 1428. )

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    A person must not make or file a false or fraudulent theft report about an undocumented vessel that must be numbered under the code, when reporting to law enforcement and intending to deceive.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Reports of Stolen Vessels [10550 - 10554] ( Chapter 1.5 added by Stats. 1970, Ch. 1428. ) ## 10552. It is unlawful for any person to make or file a false or fraudulent report of the theft of an undocumented vessel required to be numbered under this code with any law enforcement agents with intent to deceive. (Added by Stats. 1970, Ch. 1428.)
  16. 10553.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Reports of Stolen Vessels [10550 - 10554] ( Chapter 1.5 added by Stats. 1970, Ch. 1428. )

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    The owner or legal owner of a stolen or embezzled numbered vessel may report it to law enforcement, and must report recovery after giving notice.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Reports of Stolen Vessels [10550 - 10554] ( Chapter 1.5 added by Stats. 1970, Ch. 1428. ) ## 10553. The owner or legal owner of a vessel numbered under this code which has been stolen or embezzled may notify a law enforcement agency of the theft or embezzlement, but in the event of an embezzlement may make the report only after having procured the issuance of a warrant for the arrest of the person charged with such embezzlement. Every owner or legal owner who has given any such notice shall notify the law enforcement agency of a recovery of the vessel. (Amended by Stats. 1980, Ch. 617, Sec. 7.)
  17. 10554.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Reports of Stolen Vessels [10550 - 10554] ( Chapter 1.5 added by Stats. 1970, Ch. 1428. )

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    When the department gets a report that a vessel was stolen or embezzled, it must flag the vessel in its electronic system and stop processing until the Department of Justice clears it.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Reports of Stolen Vessels [10550 - 10554] ( Chapter 1.5 added by Stats. 1970, Ch. 1428. ) ## 10554. The department upon receiving a report of a stolen or embezzled vessel shall place an appropriate notice in the electronic file system which will identify such vessel during the processing of new certificates of number, ownership, or number and ownership. When such vessels are thus identified, processing shall be discontinued and the agency holding the theft report and the Department of Justice shall be notified. New certificates shall not be issued until cleared by the Department of Justice. Notices shall remain in the Department of Motor Vehicles system until a Department of Justice deletion is received. A report of a stolen or embezzled vessel is effective for a period of not less than one year from the date first reported, or for such longer period as the department may determine. (Amended by Stats. 1980, Ch. 617, Sec. 8.)
  18. 10650.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Reports of Stored Vehicles [10650 - 10658] ( Chapter 2 enacted by Stats. 1959, Ch. 3. )

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    Towing services, garages, and trailer parks must keep written records for vehicles stored more than 12 hours, and the records must be kept for one year and made available to peace officers.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Reports of Stored Vehicles [10650 - 10658] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## 10650. (a) Every operator of a towing service and every keeper of a garage or trailer park shall keep a written record of every vehicle of a type subject to registration under this code stored for a period longer than 12 hours. (b) The record shall contain the name and address of the person storing the vehicle or requesting the towing, the names of the owner and driver of the vehicle, if ascertainable, and a brief description of the vehicle including the name or make, the motor or other number of the vehicle, the nature of any damage to the vehicle, and the license number and registration number shown by the license plates or registration card, if either of the latter is attached to the vehicle in a clearly discernible place. (c) All records shall be kept for one year from the commencement of storage and shall be open to inspection by any peace officer. (d) Upon termination of the storage, a statement shall be added to the record as to the disposition of the vehicle, including the name and address of the person to whom the vehicle was released and the date of such release. (Amended by Stats. 1974, Ch. 271.)
  19. 10652.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Reports of Stored Vehicles [10650 - 10658] ( Chapter 2 enacted by Stats. 1959, Ch. 3. )

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    A keeper must report to the Department of Justice when a registrable vehicle has been stored for 30 days in certain locations, and the Department must then notify the legal owner.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Reports of Stored Vehicles [10650 - 10658] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## 10652. Whenever any vehicle of a type subject to registration under this code has been stored in a garage, repair shop, parking lot, or trailer park for 30 days, the keeper shall report such fact to the Department of Justice by receipted mail, which shall at once notify the legal owner as of record. This section shall not apply to any vehicle stored by a peace officer or employee designated in Section 22651 pursuant to Article 3 (commencing with Section 22850) of Chapter 10 of Division 11. (Amended by Stats. 2008, Ch. 699, Sec. 24. Effective January 1, 2009.)
  20. 10652.5.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Reports of Stored Vehicles [10650 - 10658] ( Chapter 2 enacted by Stats. 1959, Ch. 3. )

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    This section limits when a storage company may charge a vehicle’s legal owner, requires storage and towing fees to be reasonable, and lets a prevailing party recover attorney’s fees up to $1,750 in certain lawsuits.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Reports of Stored Vehicles [10650 - 10658] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## 10652.5. (a) Whenever the name and address of the legal owner of a motor vehicle is known, or may be ascertained from the registration records in the vehicle or from the records of the Department of Motor Vehicles, no fee or service charge may be imposed upon the legal owner for the parking and storage of the motor vehicle except as follows: (1) The first 15 days of possession and (2) following that 15-day period, the period commencing 3 days after written notice is sent by the person in possession to the legal owner by certified mail, return receipt requested, and continuing for a period not to exceed any applicable time limit set forth in Section 3068 or 3068.1 of the Civil Code. (b) The costs of notifying the legal owner may be charged as part of the storage fee when the motor vehicle has been stored for an indefinite period of time and notice is given no sooner than the third day of possession. This subdivision also applies if the legal owner refuses to claim possession of the motor vehicle. (c) In any action brought by, or on behalf of, a legal owner of a motor vehicle to which subdivision (a) applies, to recover a motor vehicle alleged to be withheld by the person in possession of the motor vehicle by demanding storage fees or charges for any number of days in excess of that permitted pursuant to subdivision (a), the prevailing party shall be entitled to reasonable attorney’s fees, not to exceed one thousand seven hundred fifty dollars ($1,750). The recovery of those fees is in addition to any other right, remedy, or cause of action of that party. (d) All storage and towing fees charged to a legal owner of a motor vehicle shall be reasonable. The following rates and fees are presumptively unreasonable: (1) Administrative or filing fees, except those incurred related to documentation from the Department of Motor Vehicles and those related to the lien sale of a vehicle. (2) Security fees. (3) Dolly fees. (4) Load and unload fees. (5) Pull-out fees. (6) Gate fees, except when the owner or insurer of the vehicle requests that the vehicle be released outside of normal business hours. (7) When gate fees are reasonably assessed, any additional towing fees that exceed 10 percent of the normal towing rate due to the call originating after normal business hours. (8) Any storage fees charged for state holidays that exceed the posted standard daily storage rate. (9) (A) Towing fees when the owner or the operator of a tow truck is directed by a law enforcement officer to remove a vehicle to the nearest shoulder or to level ground adjacent to the roadway for the sole purpose of clearing a roadway to facilitate access by an emergency vehicle at the scene of a state emergency, as defined in Section 8625 of the Government Code, or a local emergency, as defined in Section 8630 of the Government Code. (B) An owner or operator of a tow truck that removes a vehicle under the circumstances described in subparagraph (A) and acts in good faith shall not be subject to civil liability for any damage to personal property that results from the removal of the vehicle. (C) The limitation of liability described in subparagraph (B) shall not apply to an act or omission by an owner or operator of a tow truck that constitutes gross negligence or willful or wanton misconduct. (10) Following a request from the vehicle owner to release their vehicle, and upon payment of all fees then due, storage fees for any day that a storage facility fails to release the vehicle. (11) Storage fees in excess of 50 percent of the daily storage rate when a vehicle is recovered within the first four hours of storage. (e) This section is not applicable to any motor vehicle stored by a levying officer acting under the authority of judicial process. (f) Nothing in subdivision (d) prohibits any fees authorized in a written agreement between a law enforcement agency and a towing or storage company, including, but not limited to, official police garages operating under the jurisdiction of a municipal police commission, if the tow was initiated by the law enforcement agency. (g) For purposes of this section, “normal business hours” means Monday through Friday from 8:00 a.m. to 5:00 p.m., inclusive, except for state holidays. (Amended by Stats. 2025, Ch. 345, Sec. 1. (AB 987) Effective January 1, 2026.)
  21. 10653.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Reports of Stored Vehicles [10650 - 10658] ( Chapter 2 enacted by Stats. 1959, Ch. 3. )

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    A garage or repair shop keeper must report within 24 hours if a stored registered vehicle shows evidence of having been struck by a bullet.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Reports of Stored Vehicles [10650 - 10658] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## 10653. Whenever any vehicle of a type subject to registration under this code which shows evidence of having been struck by a bullet is stored in a garage or repair shop, the keeper thereof shall within 24 hours after receiving the vehicle report such fact to the sheriff’s office of the county or police department of the city wherein the garage or repair shop is located, giving the motor or other number of the vehicle, the license number if ascertainable, and the name and address of the person storing the same or the name and address of the owner shown by the registration card, if the same is attached to the vehicle in a clearly discernible place. (Enacted by Stats. 1959, Ch. 3.)
  22. 10654.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Reports of Stored Vehicles [10650 - 10658] ( Chapter 2 enacted by Stats. 1959, Ch. 3. )

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    Certain people renting a private garage or space for storing a registrable vehicle must report the storage to local law enforcement within 24 hours.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Reports of Stored Vehicles [10650 - 10658] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## 10654. Every person other than the keeper of a garage renting any private building used as a private garage or space therein for the storage of a vehicle of a type subject to registration under this code, when the agreement to rent includes only the building or space therein, shall within 24 hours after the vehicle is stored therein report such fact together with the name of the tenant, and a description of the vehicle, including the name or make, the motor or other number of the vehicle, and the license number to the sheriff’s office of the county or the police department of the city wherein the building is located. “Private garage” as used in this section does not include a public warehouse or public garage. (Enacted by Stats. 1959, Ch. 3.)
  23. 10655.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Reports of Stored Vehicles [10650 - 10658] ( Chapter 2 enacted by Stats. 1959, Ch. 3. )

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    A person who is required to keep a record or make a report under this chapter must not wilfully fail, refuse, or neglect to comply with the chapter.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Reports of Stored Vehicles [10650 - 10658] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## 10655. No person required to keep a record or make a report under this chapter shall wilfully fail, refuse, or neglect to comply with this chapter. (Enacted by Stats. 1959, Ch. 3.)
  24. 10656.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Reports of Stored Vehicles [10650 - 10658] ( Chapter 2 enacted by Stats. 1959, Ch. 3. )

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    Certain state and local vehicle-theft investigators may inspect registered vehicles at specified business locations to check title, registration, and wrecked or dismantled vehicles.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Reports of Stored Vehicles [10650 - 10658] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## 10656. The director, deputy director, registrar, deputy registrar, investigators of the department, and members of a city police department or county sheriff’s office whose primary responsibility is to conduct vehicle theft investigations, may inspect any vehicle of a type required to be registered under this code in any garage, repair shop, parking lot, used car lot, automobile dismantlers lot, or other similar establishment for the purpose of investigating the title and registration of vehicles and inspection of vehicles wrecked or dismantled. (Amended by Stats. 1979, Ch. 252.)
  25. 10658.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Reports of Stored Vehicles [10650 - 10658] ( Chapter 2 enacted by Stats. 1959, Ch. 3. )

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    This section says the chapter does not apply to storage of a recreational vehicle owned by a mobilehome park resident and stored in a mobilehome park.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Reports of Stored Vehicles [10650 - 10658] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## 10658. (a) The provisions of this chapter shall not apply to the storage of any recreational vehicle owned by a mobilehome park resident and stored in a mobilehome park. (b) As used in this section, “recreational vehicle” shall have the same meaning as defined in Section 18215.5 of the Health and Safety Code, and “mobilehome park” shall have the same meaning as defined in Section 18214 of the Health and Safety Code. (Added by Stats. 1974, Ch. 646.)
  26. 10750.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Alteration or Removal of Numbers [10750 - 10753] ( Chapter 3 enacted by Stats. 1959, Ch. 3. )

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    A person may not intentionally alter or remove vehicle identification numbers or other identifying marks without written department authorization, and may not add unassigned numbers or marks to a vehicle.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Alteration or Removal of Numbers [10750 - 10753] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## 10750. (a) No person shall intentionally deface, destroy, or alter the motor number, other distinguishing number, or identification mark of a vehicle required or employed for registration purposes without written authorization from the department, nor shall any person place or stamp any serial, motor, or other number or mark upon a vehicle, except one assigned thereto by the department. (b) This section does not prohibit the restoration by an owner of the original vehicle identification number when the restoration is authorized by the department, nor prevent any manufacturer from placing in the ordinary course of business numbers or marks upon new motor vehicles or new parts thereof. (Amended by Stats. 1970. Ch. 824.)
  27. 10751.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Alteration or Removal of Numbers [10750 - 10753] ( Chapter 3 enacted by Stats. 1959, Ch. 3. )

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    It is generally unlawful to knowingly deal in a vehicle or component part whose manufacturer serial or identification number has been removed, defaced, altered, or destroyed, unless a department-approved replacement number is attached.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Alteration or Removal of Numbers [10750 - 10753] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## 10751. (a) No person shall knowingly buy, sell, offer for sale, receive, or have in his or her possession, any vehicle, or component part thereof, from which any serial or identification number, including, but not limited to, any number used for registration purposes, that is affixed by the manufacturer to the vehicle or component part, in whatever manner deemed proper by the manufacturer, has been removed, defaced, altered, or destroyed, unless the vehicle or component part has attached thereto an identification number assigned or approved by the department in lieu of the manufacturer’s number. (b) Whenever a vehicle described in subdivision (a), including a vehicle assembled with any component part which is in violation of subdivision (a), comes into the custody of a peace officer, it shall be destroyed, sold, or otherwise disposed of under the conditions as provided in an order by the court having jurisdiction. No court order providing for disposition shall be issued unless the person from whom the property was seized, and all claimants to the property whose interest or title is on registration records in the Department of Motor Vehicles, are provided a postseizure hearing by the court having jurisdiction within 90 days after the seizure. This subdivision shall not apply with respect to a seized vehicle or component part used as evidence in any criminal action or proceeding. Nothing in this section shall, however, preclude the return of a seized vehicle or a component part to the owner by the seizing agency following presentation of satisfactory evidence of ownership and, if determined necessary, upon the assignment of an identification number to the vehicle or component part by the department. (c) Whenever a vehicle described in subdivision (a) comes into the custody of a peace officer, the person from whom the property was seized, and all claimants to the property whose interest or title is on registration records in the Department of Motor Vehicles, shall be notified within five days, excluding Saturdays, Sundays, and holidays, after the seizure, of the date, time, and place of the hearing required in subdivision (b). The notice shall contain the information specified in subdivision (d). (d) Whenever a peace officer seizes a vehicle described in subdivision (a), the person from whom the property was seized shall be provided a notice of impoundment of the vehicle which shall serve as a receipt and contain the following information: (1) Name and address of person from whom the property was seized. (2) A statement that the vehicle seized has been impounded for investigation of a violation of Section 10751 of the California Vehicle Code and that the property will be released upon a determination that the serial or identification number has not been removed, defaced, altered, or destroyed, or upon the presentation of satisfactory evidence of ownership of the vehicle or a component part, if no other person claims an interest in the property; otherwise, a hearing regarding the disposition of the vehicle shall take place in the proper court. (3) A statement that the person from whom the property was seized, and all claimants to the property whose interest or title is on registration records in the Department of Motor Vehicles, will receive written notification of the date, time, and place of the hearing within five days, excluding Saturdays, Sundays, and holidays, after the seizure. (4) Name and address of the law enforcement agency where evidence of ownership of the vehicle or component part may be presented. (5) A statement of the contents of Section 10751 of the Vehicle Code. (e) A hearing on the disposition of the property shall be held by the superior court within 90 days after the seizure. The hearing shall be before the court without a jury. A proceeding under this section is a limited civil case. (1) If the evidence reveals either that the serial or identification number has not been removed, defaced, altered, or destroyed or that the number has been removed, defaced, altered, or destroyed but satisfactory evidence of ownership has been presented to the seizing agency or court, the property shall be released to the person entitled thereto. Nothing in this section precludes the return of the vehicle or a component part to a good faith purchaser following presentation of satisfactory evidence of ownership thereof upon the assignment of an identification number to the vehicle or component part by the department. (2) If the evidence reveals that the identification number has been removed, defaced, altered, or destroyed, and satisfactory evidence of ownership has not been presented, the vehicle shall be destroyed, sold, or otherwise disposed of as provided by court order. (3) At the hearing, the seizing agency has the burden of establishing that the serial or identification number has been removed, defaced, altered, or destroyed and that no satisfactory evidence of ownership has been presented. (f) This section does not apply to a scrap metal processor engaged primarily in the acquisition, processing, and shipment of ferrous and nonferrous scrap, and who receives dismantled vehicles from licensed dismantlers, licensed junk collectors, or licensed junk dealers as scrap metal for the purpose of recycling the dismantled vehicles for their metallic content, the end product of which is the production of material for recycling and remelting purposes for steel mills, foundries, smelters, and refiners. (Amended by Stats. 2002, Ch. 784, Sec. 596. Effective January 1, 2003.)
  28. 10752.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Alteration or Removal of Numbers [10750 - 10753] ( Chapter 3 enacted by Stats. 1959, Ch. 3. )

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    No person may acquire, possess, sell, or offer for sale certain vehicle-related serial or identification numbers with intent to defraud or harm.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Alteration or Removal of Numbers [10750 - 10753] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## 10752. (a) No person shall, with intent to prejudice, damage, injure, or defraud, acquire, possess, sell, or offer for sale any genuine or counterfeit manufacturer’s serial or identification number from or for, or purporting to be from or for, a vehicle or component part thereof. (b) No person shall, with intent to prejudice, damage, injure, or defraud, acquire, possess, sell, or offer for sale any genuine or counterfeit serial or identification number issued by the department, the Department of the California Highway Patrol, or the vehicle registration and titling agency of any foreign jurisdiction which is from or for, or purports to be from or for, a vehicle or component part thereof. (c) Every person convicted of a violation of subdivision (a) or (b) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in the county jail for not less than 90 days nor more than one year, and by a fine of not less than two hundred fifty dollars ($250) nor more than five thousand dollars ($5,000). (Amended by Stats. 2011, Ch. 15, Sec. 602. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  29. 10753.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Alteration or Removal of Numbers [10750 - 10753] ( Chapter 3 enacted by Stats. 1959, Ch. 3. )

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    It is a misdemeanor to remove, alter, or obfuscate a catalytic converter’s identification number or unique marking, and to knowingly possess three or more catalytic converters with those identifiers removed, altered, or obfuscated.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Alteration or Removal of Numbers [10750 - 10753] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## 10753. (a) Any person who removes, alters, or obfuscates any vehicle identification number or other unique marking that has been added to a catalytic converter is guilty of a misdemeanor. (b) Any person who knowingly possesses three or more catalytic converters that have the vehicle identification number or other unique marking removed, altered, or obfuscated is guilty of a misdemeanor. (c) This subdivision does not apply to either of the following: (1) Any person who is removing, altering, or obfuscating a vehicle identification number or other unique marking in order to apply a new vehicle identification number or unique marking because the catalytic converter is being lawfully installed on a different vehicle. (2) Any person that is disassembling, smelting, or otherwise permanently destroying a catalytic converter lawfully in their possession. (Added by Stats. 2023, Ch. 847, Sec. 1. (AB 1519) Effective January 1, 2024.)
  30. 108.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    “Airbrakes” means a brake system that uses compressed air to operate or help control the vehicle’s service brakes.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 108. “Airbrakes” means a brake system using compressed air either for actuating the service brakes at the wheels of the vehicle or as a source of power for controlling or applying service brakes which are actuated through hydraulic or other intermediate means. (Added by Stats. 1963, Ch. 207.)
  31. 10801.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Motor Vehicle Chop Shops [10801 - 10804] ( Chapter 3.5 added by Stats. 1993, Ch. 386, Sec. 3. )

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    Knowingly and intentionally owning or operating a chop shop is a public offense and can lead to imprisonment and fines.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Motor Vehicle Chop Shops [10801 - 10804] ( Chapter 3.5 added by Stats. 1993, Ch. 386, Sec. 3. ) ## 10801. Any person who knowingly and intentionally owns or operates a chop shop is guilty of a public offense and, upon conviction, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years, or by a fine of not more than fifty thousand dollars ($50,000), or by both the fine and imprisonment, or by up to one year in the county jail, or by a fine of not more than one thousand dollars ($1,000), or by both the fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 603. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  32. 10802.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Motor Vehicle Chop Shops [10801 - 10804] ( Chapter 3.5 added by Stats. 1993, Ch. 386, Sec. 3. )

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    A person who knowingly alters or removes vehicle identification numbers, with intent to misrepresent or prevent identification and for sale, transfer, import, or export purposes, commits a public offense.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Motor Vehicle Chop Shops [10801 - 10804] ( Chapter 3.5 added by Stats. 1993, Ch. 386, Sec. 3. ) ## 10802. Any person who knowingly alters, counterfeits, defaces, destroys, disguises, falsifies, forges, obliterates, or removes vehicle identification numbers, with the intent to misrepresent the identity or prevent the identification of motor vehicles or motor vehicle parts, for the purpose of sale, transfer, import, or export, is guilty of a public offense and, upon conviction, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or two or three years, or by a fine of not more than twenty-five thousand dollars ($25,000), or by both the fine and imprisonment, or by up to one year in the county jail, or by a fine of not more than one thousand dollars ($1,000), or by both the fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 604. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  33. 10803.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Motor Vehicle Chop Shops [10801 - 10804] ( Chapter 3.5 added by Stats. 1993, Ch. 386, Sec. 3. )

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    It is a public offense to deal in more than one motor vehicle or parts from more than one motor vehicle when the VINs have been altered or similar and the person knows it.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Motor Vehicle Chop Shops [10801 - 10804] ( Chapter 3.5 added by Stats. 1993, Ch. 386, Sec. 3. ) ## 10803. (a) Any person who buys with the intent to resell, disposes of, sells, or transfers, more than one motor vehicle or parts from more than one motor vehicle, with the knowledge that the vehicle identification numbers of the motor vehicles or motor vehicle parts have been altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated, or removed for the purpose of misrepresenting the identity or preventing the identification of the motor vehicles or motor vehicle parts, is guilty of a public offense and, upon conviction, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years, or by a fine of not more than sixty thousand dollars ($60,000), or by both the fine and imprisonment, or by up to one year in the county jail, or by a fine of not more than one thousand dollars ($1,000), or by both the fine and imprisonment. (b) Any person who possesses, for the purpose of sale, transfer, import, or export, more than one motor vehicle or parts from more than one motor vehicle, with the knowledge that the vehicle identification numbers of the motor vehicles or motor vehicle parts have been altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated, or removed for the purpose of misrepresenting the identity or preventing the identification of the motor vehicles or motor vehicle parts, is guilty of a public offense and, upon conviction, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or two or three years, or by a fine of not more than thirty thousand dollars ($30,000), or by both the fine and imprisonment, or by imprisonment in the county jail not exceeding one year or by a fine of not more than one thousand dollars ($1,000) or by both the fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 605. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  34. 10804.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Motor Vehicle Chop Shops [10801 - 10804] ( Chapter 3.5 added by Stats. 1993, Ch. 386, Sec. 3. )

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    Section 10803 does not apply in two listed situations involving motor vehicle scrap processors and owners or authorized possessors of recovered vehicles or parts.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Motor Vehicle Chop Shops [10801 - 10804] ( Chapter 3.5 added by Stats. 1993, Ch. 386, Sec. 3. ) ## 10804. (a) Section 10803 does not apply to a motor vehicle scrap processor who, in the normal legal course of business and in good faith, processes a motor vehicle or motor vehicle part by crushing, compacting, or other similar methods, if any vehicle identification number is not removed from the motor vehicle or motor vehicle part prior to or during the processing. (b) Section 10803 does not apply to any owner or authorized possessor of a motor vehicle or motor vehicle part which has been recovered by law enforcement authorities after having been stolen or if the condition of the vehicle identification number of the motor vehicle or motor vehicle part is known to, or has been reported to, law enforcement authorities. Law enforcement authorities are presumed to have knowledge of all vehicle identification numbers on a motor vehicle or motor vehicle part which are altered, counterfeited, defaced, disguised, falsified, forged, obliterated, or removed, when law enforcement authorities deliver or return the motor vehicle or motor vehicle part to its owner or an authorized possessor after it has been recovered by law enforcement authorities after having been reported stolen. (Added by Stats. 1993, Ch. 386, Sec. 3. Effective September 8, 1993.)
  35. 10850.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 4. Theft and Injury of Vehicles [10850 - 10856] ( Chapter 4 enacted by Stats. 1959, Ch. 3. )

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    This chapter applies to vehicles on highways and everywhere else in the State.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 4. Theft and Injury of Vehicles [10850 - 10856] ( Chapter 4 enacted by Stats. 1959, Ch. 3. ) ## 10850. The provisions of this chapter apply to vehicles upon the highways and elsewhere throughout the State. (Enacted by Stats. 1959, Ch. 3.)
  36. 10851.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 4. Theft and Injury of Vehicles [10850 - 10856] ( Chapter 4 enacted by Stats. 1959, Ch. 3. )

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    It is an offense to drive or take someone else’s vehicle without the owner’s consent and with intent to deprive the owner of possession or title.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 4. Theft and Injury of Vehicles [10850 - 10856] ( Chapter 4 enacted by Stats. 1959, Ch. 3. ) ## 10851. (a) Any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, or any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing, is guilty of a public offense and, upon conviction thereof, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code or by a fine of not more than five thousand dollars ($5,000), or by both the fine and imprisonment. (b) If the vehicle is (1) an ambulance, as defined in subdivision (a) of Section 165, (2) a distinctively marked vehicle of a law enforcement agency or fire department, taken while the ambulance or vehicle is on an emergency call and this fact is known to the person driving or taking, or any person who is party or an accessory to or an accomplice in the driving or unauthorized taking or stealing, or (3) a vehicle which has been modified for the use of a disabled veteran or any other disabled person and which displays a distinguishing license plate or placard issued pursuant to Section 22511.5 or 22511.9 and this fact is known or should reasonably have been known to the person driving or taking, or any person who is party or an accessory in the driving or unauthorized taking or stealing, the offense is a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years or by a fine of not more than ten thousand dollars ($10,000), or by both the fine and imprisonment. (c) In any prosecution for a violation of subdivision (a) or (b), the consent of the owner of a vehicle to its taking or driving shall not in any case be presumed or implied because of the owner’s consent on a previous occasion to the taking or driving of the vehicle by the same or a different person. (d) The existence of any fact which makes subdivision (b) applicable shall be alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury. (e) Any person who has been convicted of one or more previous felony violations of this section, or felony grand theft of a vehicle in violation of subdivision (d) of Section 487 of the Penal Code, former subdivision (3) of Section 487 of the Penal Code, as that section read prior to being amended by Section 4 of Chapter 1125 of the Statutes of 1993, or Section 487h of the Penal Code, is punishable as set forth in Section 666.5 of the Penal Code. The existence of any fact that would bring a person under Section 666.5 of the Penal Code shall be alleged in the information or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere, or by trial by the court sitting without a jury. (f) This section shall become operative on January 1, 1997. (Amended by Stats. 2011, Ch. 15, Sec. 606. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Note: The operative date in subd. (f) originated in, and relates to, a prior version.)
  37. 10851.5.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 4. Theft and Injury of Vehicles [10850 - 10856] ( Chapter 4 enacted by Stats. 1959, Ch. 3. )

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    Taking certain binder chains without the owner’s consent is a misdemeanor, and helping in the unauthorized taking or stealing is also covered.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 4. Theft and Injury of Vehicles [10850 - 10856] ( Chapter 4 enacted by Stats. 1959, Ch. 3. ) ## 10851.5. Any person who takes binder chains, required under regulations adopted pursuant to Section 31510, having a value of nine hundred fifty dollars ($950) or less which chains are not his own, without the consent of the owner thereof, and with intent either permanently or temporarily to deprive the owner thereof of his title to or possession of the binder chains whether with or without intent to steal the same, or any person who is a party or accessory to or an accomplice in the unauthorized taking or stealing is guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for not less than six months or by a fine of not less than one thousand dollars ($1,000) or by both such fine and imprisonment. The consent of the owner of the binder chain to its taking shall not in any case be presumed or implied because of such owner’s consent on a previous occasion to the taking of the binder chain by the same or a different person. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 54. (SB 18 3x) Effective January 25, 2010.)
  38. 10852.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 4. Theft and Injury of Vehicles [10850 - 10856] ( Chapter 4 enacted by Stats. 1959, Ch. 3. )

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    No person may wilfully injure, tamper with, break, or remove parts of a vehicle or its contents without the owner's consent.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 4. Theft and Injury of Vehicles [10850 - 10856] ( Chapter 4 enacted by Stats. 1959, Ch. 3. ) ## 10852. No person shall either individually or in association with one or more other persons, wilfully injure or tamper with any vehicle or the contents thereof or break or remove any part of a vehicle without the consent of the owner. (Enacted by Stats. 1959, Ch. 3.)
  39. 10852.5.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 4. Theft and Injury of Vehicles [10850 - 10856] ( Chapter 4 enacted by Stats. 1959, Ch. 3. )

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    A person generally may not buy a used catalytic converter, including for dismantling, recycling, or smelting, unless the seller is one of the listed lawful sources.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 4. Theft and Injury of Vehicles [10850 - 10856] ( Chapter 4 enacted by Stats. 1959, Ch. 3. ) ## 10852.5. (a) No person shall purchase a used catalytic converter, including for the purpose of dismantling, recycling, or smelting, except from any of the following: (1) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5. (2) A core recycler, as defined in Section 21610 of the Business and Professions Code, that maintains a fixed place of business and has obtained the catalytic converter pursuant to that section. (3) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100). (4) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code. (5) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters. (6) An individual possessing documentation that they are the lawful owner of the used catalytic converter, including, but not limited to, a certificate of title or registration that identifies the individual as the legal or registered owner of the vehicle from which the catalytic converter was detached, and that includes a vehicle identification number that matches the vehicle identification number permanently marked on the catalytic converter. (b) As used in this section, the following terms have the following meanings: (1) “Permanently marked” means prominently engraved, etched, welded, metal stamped, acid marked, or otherwise permanently displayed using a similarly reliable method of imparting a lasting mark on the exterior case of the catalytic converter. (2) “Used catalytic converter” means a catalytic converter that has been previously installed on a vehicle and has been detached. It does not include a reconditioned or refurbished catalytic converter being sold at retail. (c) A violation of this section is punishable as an infraction by a fine, as follows: (1) For a first offense, by a fine of one thousand dollars ($1,000). (2) For a second offense, by a fine of two thousand dollars ($2,000). (3) For a third or subsequent offense, by a fine of four thousand dollars ($4,000). (Added by Stats. 2022, Ch. 514, Sec. 2. (SB 1087) Effective January 1, 2023.)
  40. 10853.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 4. Theft and Injury of Vehicles [10850 - 10856] ( Chapter 4 enacted by Stats. 1959, Ch. 3. )

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    A person must not enter or climb on a vehicle, tamper with its controls, or set it in motion when doing so is tied to committing mischief, injury, or another crime.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 4. Theft and Injury of Vehicles [10850 - 10856] ( Chapter 4 enacted by Stats. 1959, Ch. 3. ) ## 10853. No person shall with intent to commit any malicious mischief, injury, or other crime, climb into or upon a vehicle whether it is in motion or at rest, nor shall any person attempt to manipulate any of the levers, starting mechanism, brakes, or other mechanism or device of a vehicle while the same is at rest and unattended, nor shall any person set in motion any vehicle while the same is at rest and unattended. (Enacted by Stats. 1959, Ch. 3.)
  41. 10854.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 4. Theft and Injury of Vehicles [10850 - 10856] ( Chapter 4 enacted by Stats. 1959, Ch. 3. )

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    A person who has custody or possession of a registered vehicle must not use, take, or remove it without the owner’s consent.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 4. Theft and Injury of Vehicles [10850 - 10856] ( Chapter 4 enacted by Stats. 1959, Ch. 3. ) ## 10854. Every person having the storage, care, safe-keeping, custody, or possession of any vehicle of a type subject to registration under this code who, without the consent of the owner, takes, hires, runs, drives, or uses the vehicle or who takes or removes any part thereof is guilty of a misdemeanor and upon conviction shall be punished by a fine of not exceeding one thousand dollars ($1,000) or by imprisonment in the county jail for not exceeding one year or by both. (Enacted by Stats. 1959, Ch. 3.)
  42. 10855.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 4. Theft and Injury of Vehicles [10850 - 10856] ( Chapter 4 enacted by Stats. 1959, Ch. 3. )

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    A person who leases or rents a vehicle and willfully fails to return it to the owner within five days after the agreement expires is presumed to have embezzled the vehicle.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 4. Theft and Injury of Vehicles [10850 - 10856] ( Chapter 4 enacted by Stats. 1959, Ch. 3. ) ## 10855. (a) If a person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within five days after the lease or rental agreement has expired, the person shall be presumed to have embezzled the vehicle. (b) This section shall become operative on January 1, 2024. (Repealed (in Sec. 3) and added by Stats. 2019, Ch. 609, Sec. 4. (AB 391) Effective January 1, 2020. Section operative January 1, 2024, by its own provisions.)
  43. 10856.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 4. Theft and Injury of Vehicles [10850 - 10856] ( Chapter 4 enacted by Stats. 1959, Ch. 3. )

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    This section bars interference with post-repossession vehicle transport and bars tow yards, impounding agencies, governmental agencies, and their agents from refusing to release a vehicle or collateral to someone legally entitled to it.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 4. Theft and Injury of Vehicles [10850 - 10856] ( Chapter 4 enacted by Stats. 1959, Ch. 3. ) ## 10856. (a) A person shall not interfere with the transport of a vehicle to a storage facility, auction, or dealer by an individual who is employed by a repossession agency or who is licensed pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code once repossession is complete as provided in Section 7507.12 of the Business and Professions Code. This subdivision shall not apply to a peace officer while acting in an official capacity. (b) Any tow yard, impounding agency, or governmental agency, or any person acting on behalf of those entities, shall not refuse to release a vehicle or other collateral to anyone that is legally entitled to that vehicle or other collateral. This subdivision shall not apply to a vehicle being held for evidence by law enforcement or a prosecuting attorney. (Added by Stats. 2014, Ch. 390, Sec. 11. (AB 2503) Effective September 17, 2014.)
  44. 109.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “alcoholic beverage” and states that, for the Driver License Compact, “intoxicating liquor” in Section 15023 has the same meaning.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 109. “Alcoholic beverage” includes any liquid or solid material intended to be ingested by a person which contains ethanol, also known as ethyl alcohol, drinking alcohol, or alcohol, including, but not limited to, alcoholic beverages as defined in Section 23004 of the Business and Professions Code, intoxicating liquor, malt beverage, beer, wine, spirits, liqueur, whiskey, rum, vodka, cordials, gin, and brandy, and any mixture containing one or more alcoholic beverages. Alcoholic beverage includes a mixture of one or more alcoholic beverages whether found or ingested separately or as a mixture. For purposes of the Driver License Compact, “intoxicating liquor” as used in Section 15023 has the same meaning as “alcoholic beverage” as used in this code. (Added by renumbering Section 23151 by Stats. 1982, Ch. 53, Sec. 25. Effective February 18, 1982.)
  45. 10900.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Motor Vehicle Theft Prevention [10900 - 10904] ( Chapter 5 added by Stats. 1994, Ch. 1248, Sec. 5. )

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    This chapter may be cited as the Motor Vehicle Theft Prevention Act.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Motor Vehicle Theft Prevention [10900 - 10904] ( Chapter 5 added by Stats. 1994, Ch. 1248, Sec. 5. ) ## 10900. This chapter shall be known and may be cited as the “Motor Vehicle Theft Prevention Act.” (Added by Stats. 1994, Ch. 1248, Sec. 5. Effective January 1, 1995.)
  46. 10901.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Motor Vehicle Theft Prevention [10900 - 10904] ( Chapter 5 added by Stats. 1994, Ch. 1248, Sec. 5. )

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    Money received under this section must be used for vehicle-theft prevention and investigation programs, and the commissioner must report annually to the Legislature within 90 days after the fiscal year ends.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Motor Vehicle Theft Prevention [10900 - 10904] ( Chapter 5 added by Stats. 1994, Ch. 1248, Sec. 5. ) ## 10901. (a) Pursuant to Section 1872.8 of the Insurance Code, proceeds from the assessment imposed thereunder shall be used to fund prevention and increased investigation of economic automobile theft. Funds received pursuant to Section 1872.8 shall be deposited in the Motor Vehicle Account and appropriated to the Department of the California Highway Patrol for prevention and enhanced investigative efforts to deter economic automobile theft. (b) Moneys received by the commissioner pursuant to this section shall be used to fund (1) enhanced programs to prevent and investigate economic automobile theft; (2) a program directed at investigating and interdicting the export of stolen motor vehicles and stolen motor vehicle components across an international border; and (3) to operate the CAL H.E.A.T (Californians Help Eliminate Auto Theft) program. Moneys received by a local law enforcement agency pursuant to this section shall be used to fund enhanced programs to prevent and investigate economic automobile theft and shall not be used to supplant or replace funding of existing personnel or equipment. The commissioner shall submit an annual report to the Legislature, no later than 90 days following the completion of the fiscal year, accounting for all funds received and disbursed pursuant to this section. The report shall detail (A) the uses to which those funds were put, including payment of salaries and expenses, purchase of equipment and supplies, and other expenditures by type; and (B) results achieved as a consequence of expenditures made, including the number of investigations, arrests, complaints filed, convictions, and the number of vehicles recovered and amounts of property losses saved. (c) As used in this section, “economic automobile theft” means automobile theft perpetrated for financial gain, including, but not limited to, the following: (1) Theft of a motor vehicle for financial gain. (2) Reporting that a motor vehicle has been stolen for the purpose of filing a false insurance claim. (3) Engaging in any act prohibited by Chapter 3.5 (commencing with Section 10801) of Division 4 this code. (4) Switching of vehicle identification numbers to obtain title to a stolen motor vehicle. (Added by Stats. 1994, Ch. 1248, Sec. 5. Effective January 1, 1995.)
  47. 10902.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Motor Vehicle Theft Prevention [10900 - 10904] ( Chapter 5 added by Stats. 1994, Ch. 1248, Sec. 5. )

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    The Department of the California Highway Patrol must create the CAL H.E.A.T. anti-auto-theft program, and the hotline operator and commissioner must perform reporting duties. If the program is funded by admitted insurers in the state, it may offer rewards and the department must set up a claims board.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Motor Vehicle Theft Prevention [10900 - 10904] ( Chapter 5 added by Stats. 1994, Ch. 1248, Sec. 5. ) ## 10902. The Department of the California Highway Patrol shall establish a program entitled “CAL H.E.A.T.” (Help Eliminate Auto Theft) for the purpose of reducing the incidence of economic auto theft in California. The program shall be an anti-auto theft program with a toll-free telephone hotline operator funded by the department using funds distributed to it pursuant to Section 10901. The hotline operator shall channel reports from the public regarding auto thefts to state and local law enforcement agencies. In the annual report, the commissioner shall report on the results of this program, including the number of calls from the public reporting a suspected motor vehicle theft, the number of arrests, complaints filed, convictions, and vehicles recovered, and the amount of property losses saved as a result of the program. If funded by admitted insurers in this state, the program may offer rewards for reports that lead to the arrest and conviction of a person engaged in economic automobile theft. If so funded, the Department of the California Highway Patrol shall establish a claims board, which shall include appointments from state and local law enforcement agencies and the insurance industry, to determine the amount of individual awards. (Added by Stats. 1994, Ch. 1248, Sec. 5. Effective January 1, 1995.)
  48. 10904.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Motor Vehicle Theft Prevention [10900 - 10904] ( Chapter 5 added by Stats. 1994, Ch. 1248, Sec. 5. )

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    The commissioner may develop a public education campaign about auto insurance fraud and fraudulent claims.

    ## Vehicle Code - VEH ## DIVISION 4. SPECIAL ANTITHEFT LAWS [10500 - 10904] ( Division 4 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 5. Motor Vehicle Theft Prevention [10900 - 10904] ( Chapter 5 added by Stats. 1994, Ch. 1248, Sec. 5. ) ## 10904. The commissioner may develop a public education campaign to deter participation in auto insurance fraud and to encourage reporting of fraudulent claims. (Added by Stats. 2000, Ch. 867, Sec. 22. Effective January 1, 2001.)
  49. 11.

    ## Vehicle Code - VEH ## General Provisions ( General Provisions enacted by Stats. 1959, Ch. 3. )

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    This section defines “Section” and “subdivision” for the Vehicle Code, unless a different statute or section is specifically mentioned.

    ## Vehicle Code - VEH ## General Provisions ( General Provisions enacted by Stats. 1959, Ch. 3. ) ## 11. “Section” means a section of this code unless some other statute is specifically mentioned and “subdivision” means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. (Enacted by Stats. 1959, Ch. 3.)
  50. 110.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “alley” and allows the City and County of San Francisco to designate certain narrow highways as alleys by ordinance or resolution.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 110. “Alley” is any highway having a roadway not exceeding 25 feet in width which is primarily used for access to the rear or side entrances of abutting property; provided, that the City and County of San Francisco may designate by ordinance or resolution as an “alley” any highway having a roadway not exceeding 25 feet in width. (Amended by Stats. 1965, Ch. 833.)
  51. 111.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “all-terrain vehicle” and lists the required features it must have.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 111. (a) “All-terrain vehicle” means a motor vehicle subject to subdivision (a) of Section 38010 that is all of the following: (1) Designed for operation off of the highway by an operator with no more than one passenger. (2) Fifty inches or less in width. (3) Nine hundred pounds or less unladen weight. (4) Suspended on three or more low-pressure tires. (5) Has a single seat designed to be straddled by the operator, or a single seat designed to be straddled by the operator and a seat for no more than one passenger. (6) Has handlebars for steering control. (b) Notwithstanding subdivision (a), for purposes of Chapter 6 (commencing with Section 3000) of Division 2 and Chapter 4 (commencing with Section 11700) of Division 5, “all-terrain vehicle” also means a recreational off-highway vehicle as defined in Section 500 and a utility-terrain vehicle as defined in Section 531. (Amended by Stats. 2014, Ch. 279, Sec. 1. (AB 988) Effective January 1, 2015.)
  52. 111.3.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “all-terrain vehicle safety instructor.”

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 111.3. An “all-terrain vehicle safety instructor” is a person who is sponsored by an all-terrain vehicle safety training organization, who has completed a course in all-terrain vehicle safety instruction administered by an approved all-terrain vehicle safety training organization, and who has been licensed by the department pursuant to Section 11105.1. (Added by Stats. 1987, Ch. 881, Sec. 2.)
  53. 111.5.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines an all-terrain vehicle safety training organization.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 111.5. An “all-terrain vehicle safety training organization” is any organization which is approved to offer a program of instruction in all-terrain vehicle safety, including all-terrain vehicle safety instruction training, by the Off-Highway Vehicle Safety Education Committee and which has been issued a license by the department pursuant to Section 11105.6. (Added by Stats. 1987, Ch. 881, Sec. 3.)
  54. 11100.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    A person may not own or operate a driving school or give driving instruction for compensation unless a license has been secured from the department.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11100. (a) No person shall own or operate a driving school or give driving instruction for compensation, unless a license therefor has been secured from the department. (b) This section does not apply to the ownership or operation of any school, or the giving of instruction, for the driving of motortrucks of three or more axles which are more than 6,000 pounds unladen weight. (Amended by Stats. 1988, Ch. 1399, Sec. 2.)
  55. 11100.1.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    People who teach all-terrain vehicle operation must not say the instruction satisfies Sections 38503 and 38504, and certificates for ATV safety instruction may not be issued unless the instruction is taught by a licensed ATV safety instructor sponsored by an ATV safety training organization.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11100.1. No person who instructs others in the operation of all-terrain vehicles shall represent that the instruction given satisfies the requirements of Sections 38503 and 38504, and no certificate shall be issued or awarded for participation in all-terrain vehicle safety instruction unless the instruction is conducted by a licensed all-terrain vehicle safety instructor who is sponsored by an all-terrain vehicle safety training organization. This section shall become operative on July 1, 1988. (Added by Stats. 1987, Ch. 881, Sec. 4. Section operative July 1, 1988, by its own provisions.)
  56. 11100.5.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    This section lets DMV licensing or certification under this chapter fully qualify a driving school or independent driving instructor to participate in certain state or federal occupational-skills programs, and the applicant must bear the department’s costs; the department may charge a reasonable fee.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11100.5. Whenever it is necessary for a driving school or independent driving instructor to be certified by the Department of Education, or any agency thereof, in order to participate in any state or federal program directed at training or retraining persons in occupational skills, licensing or certification by the Department of Motor Vehicles pursuant to this chapter may operate to fully qualify such school or instructor to participate in the program. Costs incurred by the department in exercising its functions pursuant to this section shall be borne by the applicant for licensing or certification, and the department may charge the applicant a reasonable fee therefor. (Added by Stats. 1965, Ch. 1957.)
  57. 11101.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    This chapter does not apply to several listed categories of schools, organizations, dealers, employers, and certain off-the-highway instruction programs; it also does not require credentialed instructors for private secondary school driver education.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11101. (a) This chapter does not apply to any of the following: (1) Public schools or educational institutions in which driving instruction is part of the curriculum. (2) Nonprofit public service organizations offering instruction without a tuition fee. (3) Nonprofit organizations engaged exclusively in giving off-the-highway instruction in the operation of motorcycles, if the course of instruction is approved by the National Highway Traffic Safety Administration and is not designed to prepare students for examination by the department for an M1 or M2 drivers license or endorsement. (4) Commercial schools giving only off-the-highway instruction in the operation of special construction equipment, as defined in this code. (5) Vehicle dealers or their salesmen giving instruction without charge to purchasers of motor vehicles. (6) Employers giving instruction to their employees. (7) Commercial schools engaged exclusively in giving off-the-highway instruction in the operation of racing vehicles or in advanced driving skills to persons holding valid drivers’ licenses, except whenever that instruction is given to persons who are being prepared for examination by the department for any class of driver’s license. (b) For purposes of this section, “racing vehicle” means a motor vehicle of a type that is used exclusively in a contest of speed and that is not intended for use on the highways. (c) (1) Nothing in this chapter shall be construed to direct or restrict courses of instruction in driver education offered by private secondary schools or to require the use of credentialed or certified instructors in driver education courses offered by private secondary schools. (2) For the purposes of this section, private secondary schools are those subject to Sections 33190 and 48222 of the Education Code. (Amended by Stats. 2006, Ch. 311, Sec. 6. Effective January 1, 2007.)
  58. 11102.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    Driving school owners, and principals of all-terrain vehicle safety training organizations, must meet licensing requirements, keep a public place of business, maintain equipment, file a $10,000 bond, and comply with service-of-process rules.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11102. (a) A driving school owner, or the principal in an all-terrain vehicle safety training organization, shall meet all of the following requirements: (1) Maintain an established place of business open to the public. No office or place of business shall be situated within 500 feet of any building used by the department as an office, unless the owner was established at that location on or before January 1, 1976. (2) Have the proper equipment necessary to give instruction in the operation of the class of vehicles for which the course is designed, which shall include, but not be limited to, training vehicles equipped with all of the following: (A) An additional functional foot brake affixed to the right side of the front floor. (B) A rearview mirror placed on the inside of the windshield on the right side, which is additional to the factory-installed mirror in the center of the windshield. (3) Procure and file with the department a bond of ten thousand dollars ($10,000) executed by an admitted surety insurer and conditioned that the applicant shall not practice any fraud or make any fraudulent representation that will cause a monetary loss to a person taking instruction from the applicant. (4) Meet the requirements of Section 11105.2 and, if the person is the owner of a driving school, meet the requirements of Section 11102.5. If the owner is not the operator of the driving school, the owner shall designate an operator who shall meet the requirements of Section 11102.5. (5) (A) File with the department an instrument, in writing, appointing the director as the agent of the applicant upon whom a process may be served in any action commenced against the applicant arising out of any claim for damages suffered by any person by the applicant’s violation of any provision of this code or any condition of the bond. (B) The applicant shall stipulate in the instrument that any process directed to the applicant, when personal service cannot be made in this state after due diligence, may be served upon the director or, if the director is absent from the office, upon any employee in charge of the office of the director, in which case the service is of the same effect as if served upon the applicant personally. The applicant shall further stipulate, in writing, that the agency created by the instrument shall continue during the period covered by the license and so long thereafter as the applicant may be made to answer in damages for a violation of this code or any condition of the bond. (C) The instrument appointing the director as agent for the applicant for service of process shall be acknowledged by the applicant before a notary public. (D) If the licensee is served with process by service upon the director, one copy of the summons and complaint shall be left with the director or in the director’s office in Sacramento or mailed to the office of the director in Sacramento. A fee of five dollars ($5) shall also be paid to the director at the time of service of the copy of the summons and complaint. (E) The service on the director is a sufficient service on the licensee if the plaintiff or the plaintiff’s attorney also, on the same day, sends notice of the service and a copy of the summons and complaint by registered mail to the licensee. A copy of the summons and complaint shall also be mailed by the plaintiff or his or her attorney to the surety of the applicant’s bond at the address of the surety given in the bond, postpaid and registered with request for return receipt. (F) The director shall keep a record of all process served upon the director under this paragraph showing the day and hour of service, and the director shall retain the summons and complaint served on file. (G) If the licensee is served with process by service thereof upon the director, the licensee has 30 days after that service within which to answer any complaint or other pleading filed in the cause. For purposes of venue, if the licensee is served with process by service upon the director, the service is deemed to have been made upon the licensee in the county in which the licensee has or last had the licensee’s established place of business. (b) The qualifying requirements referred to in this section shall be met within one year from the date of application for a license, or a new application, examination, and a fee shall be required. (Amended by Stats. 2000, Ch. 243, Sec. 1. Effective January 1, 2001.)
  59. 11102.1.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    If a deposit is used instead of the bond, the director may return it after three years, and a superior court judge may order earlier return if there are no outstanding claims.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11102.1. If a deposit is given instead of the bond required by Section 11102: (a) The director may order the deposit returned at the expiration of three years from the date a driving school licensee has ceased to do business, or three years from the date a licensee has ceased to be licensed, if the director is satisfied that there are no outstanding claims against the deposit. A judge of a superior court may order the return of the deposit prior to the expiration of three years upon evidence satisfactory to the judge that there are no outstanding claims against the deposit. (b) If either the director, department, or state is a defendant in any action instituted to recover all or any part of the deposit, or any action is instituted by the director, department, or state to determine those entitled to any part of the deposit, the director, department, or state shall be paid reasonable attorney fees and costs from the deposit. Costs shall include those administrative costs incurred in processing claims against the deposit. (Amended by Stats. 2002, Ch. 784, Sec. 597. Effective January 1, 2003.)
  60. 11102.5.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    A driving school operator must satisfy listed qualification requirements, including an exam, a $100 fee, minimum age, and teaching experience, with some motorcycle-school and certified-teacher exceptions.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11102.5. (a) A driving school operator shall meet all of the following requirements: (1) Within three attempts, pass an examination that the department requires on traffic laws, safe driving practices, operation of motor vehicles, teaching methods and techniques, driving school statutes and regulations, and office procedures and recordkeeping. (2) Pay the department a fee of one hundred dollars ($100), which shall entitle the applicant to three examinations. (3) Be 21 years of age or older. (4) Have worked for an established licensed California driving school as a driving instructor for a period of not less than 2,000 hours of actual behind-the-wheel teaching and, on and after July 1, 1973, have satisfactorily completed a course in the teaching of driver education and driver training acceptable to the department, except that the operator, including an owner who is also the operator, of a driving school that exclusively teaches motorcycle driving may, in lieu of the behind-the-wheel teaching requirement, have worked for an established licensed California driving school as a motorcycle driving instructor for not less than 300 hours of actual motorcycle range and street teaching, have taught 300 hours of actual motorcycle range and street instruction under the guidance of the California Motorcyclist Safety Program, or have given comparable training instruction that is acceptable to the department. This paragraph does not apply to any person who is certified by the State Department of Education as fully qualified to teach driver education and driver training and has taught those subjects in the public school system for not less than 1,000 hours. (b) The qualifying requirements referred to in this section shall be met within one year from the date of application for a license, or a new application, examination, and a fee shall be required. (Amended by Stats. 2022, Ch. 295, Sec. 8. (AB 2956) Effective January 1, 2023.)
  61. 11102.6.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    Newly licensed driving school operators who do not offer behind-the-wheel training must meet listed qualifications, including passing a department exam, paying exam fees, being at least 21, and completing a 60-hour approved program.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11102.6. (a) Notwithstanding Section 11102.5, a driving school operator who is first licensed to operate a driving school on or after July 1, 2016, and who offers no behind-the-wheel driver training, shall meet all of the following requirements: (1) Within three attempts, pass an examination that the department requires on traffic laws, safe driving practices, operation of motor vehicles, teaching methods and techniques, driving school statutes and regulations, and office procedures and recordkeeping. (2) Pay the department a fee for each examination taken, not to exceed the reasonable cost of administering the examination. (3) Be 21 years of age or older. (4) Have successfully completed an educational program of not less than 60 hours that is acceptable to the department. The program shall include a minimum of 40 hours of classroom instruction and 20 hours of behind-the-wheel instruction. The program shall include, but not be limited to, driving school operator responsibilities, current vehicle laws, and regulations in Article 4.6 of Chapter 1 of Division 1 of Title 13 of the California Code of Regulations. The instruction may be provided by generally accredited educational institutions, private vocational schools, and education programs and seminars offered by professional societies, organizations, trade associations, and other educational and technical programs that meet the requirements of this section. (b) The qualifying requirements referred to in this section shall be met within one year from the date of application for a license, or a new application, examination, and a fee for the examination not to exceed the reasonable cost of administering the examination shall be required. (Amended by Stats. 2016, Ch. 86, Sec. 300. (SB 1171) Effective January 1, 2017.)
  62. 11103.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    Driving school owners and licensed independent instructors must carry specified liability insurance for driving instruction and file proof of coverage with the department.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11103. A driving school owner and an independent instructor licensed under Section 11105.5 shall maintain bodily injury and property damage liability insurance on motor vehicles while being used in driving instruction, insuring the liability of the driving school, the driving instructor, and any person taking instruction in at least the following amounts: one hundred fifty thousand dollars ($150,000) for bodily injury to or death of one person in any one accident and, subject to the limit for one person, three hundred thousand dollars ($300,000) for bodily injury to or death of two or more persons in any one accident, and the amount of fifty thousand dollars ($50,000) for damage to property of others in any one accident. The owner or instructor shall file evidence of that insurance coverage in the form of a certificate from the insurance carrier with the department, and the certificate shall stipulate that the insurance shall not be canceled except upon 30 days’ prior written notice to the department. (Amended by Stats. 1986, Ch. 403, Sec. 1.)
  63. 11103.1.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    An all-terrain vehicle safety training organization must carry bodily injury and property damage liability insurance for motor vehicles used in safety instruction.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11103.1. An all-terrain vehicle safety training organization shall maintain bodily injury and property damage liability insurance on motor vehicles while being used in all-terrain vehicle safety instruction, insuring the liability of the organization, the instructors, and any person taking instruction in at least the following amounts: (a) One hundred fifty thousand dollars ($150,000) for bodily injury to or death of one person in any one accident. (b) Subject to the limit specified in paragraph (1) for one person, three hundred thousand dollars ($300,000) for bodily injury to or death of two or more persons in any one accident. (c) Fifty thousand dollars ($50,000) for damage to property of others in any one accident. This section shall become operative on July 1, 1988. (Added by Stats. 1987, Ch. 881, Sec. 7. Section operative July 1, 1988, by its own provisions.)
  64. 11103.2.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    A driving school owner with one or more driving instructors or other employees must sign a department-prescribed statement saying the owner complies with worker’s compensation requirements.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11103.2. A driving school owner who employs one or more driving instructors or other employees shall sign, under penalty of perjury, a statement in a form determined and retained by the department stating that the owner is in compliance with worker’s compensation requirements set forth in Section 3700 of the Labor Code. (Added by Stats. 1996, Ch. 47, Sec. 1. Effective January 1, 1997.)
  65. 11104.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    To qualify as a driving instructor, a person must meet education, exam, physical ability, licensing, conduct, age, and timing requirements.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11104. (a) Every person, in order to qualify as a driving instructor, as defined in Section 310.4, shall meet all of the following requirements: (1) On and after July 1, 1973, have a high school education or its equivalent and have satisfactorily completed a course in the teaching of driver education and driver training acceptable to the department. (2) Within three attempts, pass an examination that the department requires on traffic laws, safe driving practices, operation of motor vehicles, and teaching methods and techniques. (3) Be physically able to safely operate a motor vehicle and to train others in the operation of motor vehicles. (4) Hold a valid California driver’s license in a class appropriate for the type of vehicle in which instruction will be given. (5) Not be on probation to the department as a negligent operator. (6) Have a driving record that does not have an outstanding notice for violating a written promise to appear in court or for willfully failing to pay a lawfully imposed fine, as provided in former Section 40509. (7) Be 21 years of age or older. (b) If an applicant cannot meet the requirements of paragraphs (3) and (4) of subdivision (a) because of a physical disability, the department may, at its discretion, issue the applicant a driving school instructor’s license restricted to classroom driver education instruction only. (c) The qualifying requirements referred to in this section shall be met within one year from the date of application for a license, or a new application, examination, and a fee shall be required. (Amended by Stats. 2022, Ch. 800, Sec. 5. (AB 2746) Effective January 1, 2023.)
  66. 11104.3.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    An all-terrain vehicle safety instructor must satisfy listed qualification requirements, including education, exam, license, record, age, sponsorship, and timing rules.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11104.3. (a) An all-terrain vehicle safety instructor shall meet all of the following requirements: (1) Be a person who has not been convicted of a crime involving an act of dishonesty, fraud, or deceit with the intent to benefit themself or another substantially, or to injure another substantially; or has not committed any act that, if done as an all-terrain vehicle safety instructor, would be grounds for the suspension or revocation of the all-terrain vehicle safety instructor’s license. A conviction after a plea of nolo contendere shall be deemed to be a conviction within the meaning of this section. (2) Have a high school education or its equivalent and have satisfactorily completed a course of instruction training in all-terrain vehicle safety as approved by the Off-Highway Vehicle Safety Education Committee. (3) Within three attempts, pass the examination that the department requires on off-highway vehicle laws, safe driving practices, operation of all-terrain vehicles, and teaching methods and techniques. (4) Be physically able to safely operate a motor vehicle and to train others in the operation of all-terrain vehicles. (5) Hold a valid driver’s license issued by this state or any contiguous state. (6) Not be on probation to the department as a negligent operator or the equivalent of that in the state that issued the driver’s license. (7) Have a driver record that does not have an outstanding notice for violating a written promise to appear in court or for willfully failing to pay a lawfully imposed fine, as provided in former Section 40509 or former Section 40509.5 or as provided in equivalent statutes in the state that issued the driver’s license. (8) Be 18 years of age or older. (9) Be sponsored by an all-terrain vehicle safety training organization. (b) The qualifying requirements in this section shall be met within one year from the date of application for a license, or a new application, examination, and a fee shall be required. (Amended by Stats. 2022, Ch. 800, Sec. 6. (AB 2746) Effective January 1, 2023.)
  67. 11104.5.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    Applicants for certain driving-school licenses must file an application with the department using department-prescribed forms and provide any character, honesty, integrity, and reputation information the department considers necessary.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11104.5. Each applicant for a license as a driving school owner, driving school operator, or driving instructor shall submit an application to the department on the forms prescribed by the department. The applicant shall provide the department with any information concerning the applicant’s character, honesty, integrity, and reputation which the department may consider necessary. (Added by Stats. 1987, Ch. 75, Sec. 1.)
  68. 11104.6.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    Applicants for a license or renewal under this chapter must submit an application to the department on department-prescribed forms and provide any necessary information about their character, honesty, integrity, and reputation.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11104.6. Each applicant for a license or for renewal of a license under this chapter shall submit an application to the department on the forms prescribed by the department. The applicant shall provide the department any information concerning the applicant’s character, honesty, integrity, and reputation which the department considers to be necessary. This section shall become operative on July 1, 1988. (Added by Stats. 1987, Ch. 881, Sec. 9. Section operative July 1, 1988, by its own provisions.)
  69. 11105.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    The department must issue driving school license certificates when qualifications are met, and licenses must be renewed annually.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11105. (a) The department shall issue a license certificate to each driving school owner and to each driving school operator when it is satisfied that the owner has met the qualifications required under this chapter. The license shall be for a period of one year from midnight of the last day of the month of issuance unless canceled, suspended, or revoked by the department. (b) The license shall be renewed annually. The department shall require all of the following for the renewal of the license: (1) Compliance with the provisions of Sections 11102 and 11105.2 for renewal of a driving school owner’s license or Section 11102.5, except paragraph (2) of subdivision (a) of Section 11102.5, for renewal of a driving school operator’s license. (2) Satisfactory completion of an examination as provided in Section 11102.5 at least once during each succeeding three-year period after the initial issuance of a license certificate. In lieu of any examination for renewal of the license, the department may accept submission by the licensee of evidence of continuing professional education. Professional education, as used in this subdivision, means satisfactory completion of courses related to traffic safety, teaching techniques, or the teaching of driver instruction acceptable to the department or participation in professional seminars approved by the department. (c) The department may issue a probationary license and certificate subject to conditions to be observed by the licensee in the exercise of the privilege granted. The conditions to be attached to the exercise of the privilege shall not appear on the face of the license or certificate but shall be such as may, in the judgment of the department, be in the public interest and suitable to the qualifications of the applicant as disclosed by the application and investigation by the department of the information contained therein. (d) Upon notification of death of a driving school licensee the department may issue a certificate of convenience to the executor, executrix, administrator or administratrix of the estate of a deceased holder of a validly outstanding certificate to conduct a driving school, or if no executor, executrix, administrator or administratrix has been appointed, and until a certified copy of an order making such appointment is filed with the department, to the surviving spouse or other heir otherwise entitled to conduct the business of the deceased, permitting such person to conduct the driving school for a period of one year from and after the date of death, and necessary one-year renewals thereafter pending, but not later than, disposal of the business and qualification of the vendee of the business or such surviving spouse or heir for a license certificate to conduct a driving school under the provisions of this division. The department may restrict or condition the certificate and attach to the exercise of the privilege thereunder such terms and conditions as in its judgment the protection of the public requires. (e) The department shall not issue or renew a license certificate unless it determines that the driving school owner has complied with Section 11103.2. (Amended by Stats. 1996, Ch. 47, Sec. 2. Effective January 1, 1997.)
  70. 11105.1.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    The department must issue instructor license certificates when applicants meet the chapter’s qualifications, and renewal must happen before expiration and meet listed conditions.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11105.1. (a) The department shall issue a license certificate to each driving school instructor and to each all-terrain vehicle safety instructor when it is satisfied that the person has met the qualifications required under this chapter. The original instructor’s license and any instructor’s license renewed pursuant to subdivisions (b) and (c) is valid for three years from the date issued unless canceled, suspended, or revoked by the department. (b) A licensee may apply for the renewal of an instructor’s license prior to the expiration date of the license. In no event shall an instructor renew the license after the date of expiration. (c) The department shall require all of the following for the renewal of the instructor’s license: (1) Compliance with Section 11104, except subdivision (c) thereof, for a driving school instructor, or compliance with Section 11104.3, except paragraph (3) of subdivision (a) thereof, for an all-terrain vehicle safety instructor, and, for either, compliance with Section 11105.2. (2) Satisfactory completion of an examination as provided in Section 11104 or 11104.3, as applicable, at least once during each succeeding three-year period after the initial issuance of an instructor license certificate. In lieu of any examination for renewal of the license, the department may accept submission by the licensee of evidence of continuing professional education as defined in paragraph (2) of subdivision (b) of Section 11105. (d) The department may issue a probationary instructor’s license and certificate subject to conditions to be observed by the licensee in the exercise of the privilege granted. The conditions to be attached to the exercise of the privilege shall not appear on the face of the license or certificate, but shall be such as may, in the judgment of the department, be in the public interest and suitable to the qualifications of the applicant as disclosed by the application and investigation by the department of the information contained therein. (e) This section shall become operative on July 1, 1988. (Repealed (in Sec. 10) and added by Stats. 1987, Ch. 881, Sec. 11. Section operative July 1, 1988, by its own provisions.)
  71. 11105.2.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    This section sets license fees for driving school owners, operators, instructors, and all-terrain vehicle safety training organizations.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11105.2. (a) The fee for a license issued to a driving school owner or to an all-terrain vehicle safety training organization shall be as follows: (1) For the original license, or an ownership change which requires a new application, except as provided by Section 42231, a nonrefundable fee of one hundred fifty dollars ($150). (2) For the annual renewal of a license, a fee of fifty dollars ($50). (3) If an alteration of an existing license is caused by a firm name change, a change in corporate officer structure, address change, or the addition of a branch location, a fee of seventy dollars ($70). (4) For replacement of the license when the original license is lost, stolen, or mutilated, a fee of fifteen dollars ($15). (b) The fee for a license issued to a driving school operator shall be as follows: (1) For the original license a nonrefundable fee of one hundred dollars ($100). (2) For the annual renewal of a license, a fee of one hundred dollars ($100). (3) If an alteration of an existing license is caused by a change in school name or location, or the addition of a branch location, a fee of fifteen dollars ($15). (4) For replacement of the license when the original license is lost, stolen, or mutilated, a fee of fifteen dollars ($15). (c) The fee for a license issued to a driving school instructor or to an all-terrain vehicle safety instructor shall be as follows: (1) For the original license, except as provided by Section 42231, a nonrefundable fee of thirty dollars ($30). (2) For the triennial renewal of a license, a fee of thirty dollars ($30). (3) If an alteration of an existing license is caused by a change in the instructor’s employing school’s name or location, or transfer of the instructor’s license to another employing school, a fee of fifteen dollars ($15). (4) For the replacement of the instructor’s license when the original license is lost, stolen, or mutilated, a fee of fifteen dollars ($15). (d) This section shall become operative on July 1, 1988. (Repealed (in Sec. 12) and added by Stats. 1987, Ch. 881, Sec. 13. Section operative July 1, 1988, by its own provisions.)
  72. 11105.3.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    A licensed school owner, operator, or instructor who misses a renewal deadline may apply again for an original license if the license was not canceled, suspended, or revoked at expiration.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11105.3. Any school owner, operator, or instructor required to be licensed under this chapter who fails to renew the license prior to the expiration of the license in accordance with Sections 11105 and 11105.1 and whose license was not canceled, suspended, or revoked by the department at the time of expiration, may reapply for an original license pursuant to Section 11102, 11102.5, 11104, or 11104.3. This section shall become operative on July 1, 1988. (Repealed (in Sec. 14) and added by Stats. 1987, Ch. 881, Sec. 15. Section operative July 1, 1988, by its own provisions.)
  73. 11105.5.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    The department must issue an independent driving instructor’s license for qualifying smaller cities, but not for counties over 400,000 population. Independent instructors must also be employed as accredited teachers of driver education or driver training.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11105.5. The department shall issue an independent driving instructor’s license to permit instruction in any city with a population of less than 50,000, which does not have within it an established licensed driving school, to any person who meets the requirements of this chapter relating to instructor’s and independent instructor’s licenses, even though such person is not an employee of, or otherwise associated with or instructing through, a driving school, except that no independent driving instructor’s license shall be issued to a person to instruct in counties with a population in excess of 400,000. In addition, an independent instructor must at all times be employed as an accredited teacher of automobile driver education or automobile driver training under the provisions of the Education Code. (Amended by Stats. 1971, Ch. 438.)
  74. 11105.6.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    The department must issue and renew licenses for eligible all-terrain vehicle safety training organizations, and it may require compliance with specified sections before renewal.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11105.6. (a) The department shall issue a license to an all-terrain vehicle safety training organization when the department is satisfied that the organization has met the qualifications required under this chapter and has been approved and certified by the Off-Highway Vehicle Safety Education Committee. The license shall be valid for a period of one year from midnight of the last day of the month of issuance unless canceled, suspended, or revoked by the department. (b) The license shall be renewed annually. The department shall require compliance with Sections 11102 and 11105.2 for the renewal of the license. (c) This section shall become operative on July 1, 1988. (Added by Stats. 1987, Ch. 881, Sec. 16. Section operative July 1, 1988, by its own provisions.)
  75. 11106.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    The department may issue temporary permits to license applicants, and may cancel them in specified cases.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11106. (a) Until the department is satisfied that the applicant has met the requirements under this chapter, it may issue a temporary permit to any person applying for a license issued pursuant to this chapter. The temporary permit authorizes the operation of a school or the giving of instruction for a period not to exceed 120 days while the department is completing its investigation and determination of all facts relative to the qualifications of the applicant for the license. (b) A temporary permit valid for 30 days may be issued to any applicant for an original instructor’s license pending satisfactory completion of the course required by subdivision (b) of Section 11104 or paragraph 2 of subdivision (a) of Section 11104.3, as applicable. This subdivision does not extend the period of validity of any temporary permit issued pursuant to subdivision (a). (c) The department may cancel a temporary permit when it has determined, or has reasonable cause to believe, that the application is incorrect or incomplete or the temporary permit was issued in error. A temporary permit is invalid when canceled or when the applicant’s license has been issued or refused. (d) This section shall become operative on July 1, 1988. (Repealed (in Sec. 17) and added by Stats. 1987, Ch. 881, Sec. 18. Section operative July 1, 1988, by its own provisions.)
  76. 11107.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    The department may refuse a driving school or instructor license for specified reasons. An applicant may demand a written hearing within 60 days after refusal, and a person whose license was revoked or whose application was refused may reapply after at least one year.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11107. (a) The department may refuse to issue a license certificate under this chapter to any applicant to own or operate a school or to any instructor when it finds and determines any of the following to exist: (1) The applicant has not met the qualifications required under this chapter. (2) The applicant was previously the holder of a license under this chapter which was revoked or suspended, which was never reissued by the department after revocation, or which was never reinstated after suspension. (3) The applicant was previously the holder of an occupational license issued by another state, authorizing the same or similar activities of a license issued under this division; and that license was revoked or suspended for cause and was never reissued, or was suspended for cause, and the terms of suspension have not been fulfilled. (4) The applicant has done any act or series of acts which would be a cause for suspension or revocation under Section 11110. (5) If the applicant is a business, a business representative was the holder of a revoked or suspended license previously issued under this chapter which was never reissued after revocation or which was never reinstated after suspension, or a business representative, though not previously the holder of a license, has done any act or series of acts which would be a cause for revocation or suspension under Section 11110. (6) By reason of the facts and circumstances relating to the organization, control, and management of the business, it is likely that the policy or operation of the business will be directed, controlled, or managed by a business representative who, by reason of any act, series of acts, or conduct described in paragraph (4) or (5), would be ineligible for a license and that, by licensing the business, the purposes of this division would be defeated. (7) The applicant has knowingly made a false statement or knowingly concealed a material fact in applying for a license. (8) The applicant, or one of the business representatives if the applicant is a business, has been convicted of a crime, or has committed any act or engaged in conduct involving moral turpitude, which is substantially related to the qualifications, functions, or duties of the licensed activity. A conviction after a plea of nolo contendere is a conviction within the meaning of this section. (b) Upon refusal of the department to issue a license, the applicant may demand, in writing, a hearing before the director or the director’s representative within 60 days after notice of refusal. The hearing shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (c) A person whose license has been revoked, or whose application for a license has been refused, may reapply for the license after a period of not less than one year has elapsed from the effective date of the decision revoking the license or refusing the application. (Amended by Stats. 1998, Ch. 877, Sec. 42. Effective January 1, 1999.)
  77. 11108.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    Licensed driving schools and instructors must keep specified records, retain them for three years, allow department inspection, and provide records to the department after suspension or termination. ATV safety training organizations and instructors have additional recordkeeping and reporting duties.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11108. (a) Every person licensed under this chapter shall keep a record showing all of the following: (1) The name and address and license number of the school. (2) The name and address of each person given instruction. (3) Excepting all-terrain vehicle safety training organizations, the instruction permit number or driver’s license number of every person given instruction in the driving of a motor vehicle. (4) Excepting all-terrain vehicle safety training organizations, the date any instruction permit was issued. (5) The name and instructor’s license number of each instructor. (6) The particular type of instruction given and the date of the instruction. (7) The amount of time devoted to each type of instruction. (8) The total number of hours of instruction. (9) The total cost to the student of the instruction. (b) The records shall be retained for at least three years and shall be open to the inspection of the department at all reasonable times, but shall be only for the confidential use of the department. (c) Whenever the licensee suspends or terminates the licensed activity, the licensee shall surrender the records to the department for examination not later than the end of the third day, excluding Saturdays, Sundays, and legal holidays, after the date of suspension or termination. The department may duplicate or make a record of any information contained in the licensee’s records. All of the licensee’s records shall be returned to the licensee not later than 30 days after the date of surrender. (d) Every all-terrain vehicle safety training organization shall maintain records for all-terrain vehicle safety instructors who are authorized to offer that organization’s courses of instruction. (e) Each all-terrain vehicle safety instructor shall report the information required under this section to the all-terrain vehicle safety training organization no later than the 15th day of the month following the date instruction was provided. Instructors shall notify the organization, which shall, in turn, notify the department at least 30 days in advance of providing a course of instruction, of the time, date, location, and type of instruction to be given. (f) This section shall become operative on July 1, 1988. (Repealed (in Sec. 21) and added by Stats. 1987, Ch. 881, Sec. 22. Section operative July 1, 1988, by its own provisions.)
  78. 11108.5.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    Licensed school owners, operators, and instructors must report certain changes to the department within short deadlines.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11108.5. (a) Every school owner licensed pursuant to this chapter shall notify the department within 10 days of any change in the ownership or corporate structure of the licensee. (b) Every school owner licensed pursuant to this chapter shall immediately notify the department upon changing the site or location of the school’s established place of business. (c) Every school operator and every instructor licensed pursuant to this chapter shall report to the department every change of residence address within five days of the change. (d) This section shall become operative on July 1, 1988. (Repealed (in Sec. 23) and added by Stats. 1987, Ch. 881, Sec. 24. Section operative July 1, 1988, by its own provisions.)
  79. 11109.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    Licensees under this chapter must keep all vehicles used in driver training in safe mechanical condition at all times.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11109. Every licensee under this chapter shall maintain all vehicles used in driver training in safe mechanical condition at all times. (Enacted by Stats. 1959, Ch. 3.)
  80. 11110.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    The department may suspend or revoke a driving school license after notice and hearing if listed misconduct or violations occur; it may also immediately suspend a license for public safety and must hold a hearing within 30 days.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11110. (a) The department, after notice and hearing, may suspend or revoke a license issued under this chapter if any of the following occurs: (1) The department finds and determines that the licensee fails to meet the requirements to receive or hold a license under this chapter. (2) The licensee fails to keep the records required by this chapter. (3) The licensee (A) permits fraud or engages in fraudulent practices either with reference to an applicant for a driver’s license or an all-terrain vehicle safety certificate from the department, or (B) induces or countenances fraud or fraudulent practices on the part of an applicant. (4) The licensee fails to comply with this chapter or regulation or requirement of the department adopted pursuant thereto. (5) The licensee represents himself or herself as an agent or employee of the department or uses advertising designed to create the impression, or that would reasonably have the effect of leading persons to believe, that the licensee is in fact an employee or representative of the department; or the licensee makes an advertisement, in any manner or by any means, that is untrue or misleading and that is known, or that by the exercise of reasonable care should be known, to be untrue or misleading. (6) The licensee, or an employee or agent of the licensee, solicits driver training or instruction or all-terrain vehicle safety instruction in, or within 200 feet of, an office of the department. (7) The licensee is convicted of violating Section 14606, 20001, 20002, 20003, 20004, 20006, 20008, 23103, 23104, 23105, 23152, or 23153 of this code or subdivision (b) of Section 191.5 or subdivision (c) of Section 192 of the Penal Code. A conviction, after a plea of nolo contendere, is a conviction within the meaning of this paragraph. (8) The licensee teaches, or permits a student to be taught, the specific tests administered by the department through use of the department’s forms or testing facilities. (9) The licensee conducts training, or permits training by an employee, in an unsafe manner or contrary to safe driving practices. (10) The licensed school owner or licensed driving school operator teaches, or permits an employee to teach, driving instruction or all-terrain vehicle safety instruction without a valid instructor’s license. (11) The licensed school owner does not have in effect a bond as required by Section 11102. (12) The licensee permits the use of the license by any other person for the purpose of permitting that person to engage in the ownership or operation of a school or in the giving of driving instruction or all-terrain vehicle safety instruction for compensation. (13) The licensee holds a secondary teaching credential and explicitly or implicitly recruits or attempts to recruit a pupil who is enrolled in a junior or senior high school to be a customer for a business licensed pursuant to this article that is owned by the licensee or for which the licensee is an employee. (b) In the interest of the public’s safety, as determined by the department, the department may immediately suspend the license of a licensee for an alleged violation under this chapter and shall conduct a hearing of the alleged violation within 30 days of the suspension. (Amended by Stats. 2007, Ch. 747, Sec. 14.5. Effective January 1, 2008.)
  81. 11110.1.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    A cause for refusing to issue a license under this chapter is also grounds to suspend or revoke that license.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11110.1. Any of the causes specified in this chapter as a cause for refusal to issue a license under this chapter is cause to suspend or revoke a license under this chapter. (Added by Stats. 1990, Ch. 1563, Sec. 12.)
  82. 11110.2.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    A school owner’s license is automatically canceled if certain events occur, such as abandoning the business location, failing to keep the required bond, surrendering the license, changing the licensee designation, or corporate-status suspension or revocation.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11110.2. The license issued to a school owner shall be automatically canceled upon the happening of any of the following: (a) The abandonment of the established place of business or the change thereof without notice to the department pursuant to Section 11108.5. (b) The failure to maintain an adequate bond or to procure and file another bond, as required by Section 11102, prior to the effective date of the termination by the surety of any existing bond. (c) The voluntary or involuntary surrender of the license, except that a surrender or cessation of business by the licensee, or the suspension or revocation of the corporate status of the licensee, does not preclude the department from filing an accusation for revocation or suspension of the surrendered license, as provided in Section 11110, or affect the department’s decision to suspend or revoke the license. (d) Notification to the department that the person designated as licensee has changed. (e) Suspension or revocation of the corporate status of the licensee. (Amended by Stats. 1990, Ch. 1563, Sec. 13.)
  83. 11110.5.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    The department may cancel certain licenses if they were issued in error or were voluntarily surrendered, and canceled licenses must be surrendered to the department.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11110.5. The department may cancel any license issued under this chapter when that license has been issued in error or voluntarily surrendered to the department for cancellation. Whenever a driving school operator’s license or an instructor’s license is canceled, it shall be without prejudice and shall be surrendered to the department. Any person whose license has been canceled may immediately apply for a license, and the application may be accepted without additional fee or examination under rules and regulations adopted by the department. This section shall become operative on July 1, 1988. (Repealed (in Sec. 29) and added by Stats. 1987, Ch. 881, Sec. 30. Section operative July 1, 1988, by its own provisions.)
  84. 11110.7.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    The department may temporarily refuse or suspend a driving-school license after notice and hearing if the applicant, licensee, or a business representative has a qualifying moral-turpitude conviction that is not yet final. If that conviction becomes final, the interim action turns into a denial or revocation. If the conviction is reversed, the department must immediately set aside the interim action.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11110.7. (a) The department, after notice and hearing, on an interim basis, may refuse to issue or may suspend a license issued under this chapter when the applicant or licensee, or a business representative if the applicant or licensee is a business, has been convicted of a crime involving moral turpitude which is substantially related to the qualifications, functions, or duties of the licensed activity, if an appeal of the conviction is pending or the conviction has otherwise not become final. A conviction after a plea of nolo contendere is a conviction within the meaning of this section. (b) If a conviction, upon which an interim refusal to issue or suspension under subdivision (a) is based, is affirmed on appeal or otherwise becomes final, the refusal to issue or the suspension shall automatically become effective as a denial or revocation, as the case may be, of the license. If the interim refusal to issue or the suspension was stayed under probationary terms and conditions, the subsequent automatic denial or revocation shall also be stayed under the same terms and conditions for a term not to exceed the original term of probation for the interim refusal to issue or suspension. (c) If a conviction, upon which an interim refusal to issue or suspension under subdivision (a) is based, is reversed on appeal, the department shall set aside immediately that refusal or suspension. (Added by Stats. 1990, Ch. 1563, Sec. 14.)
  85. 11111.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    Licensees are entitled to notice and a hearing before cancellation, suspension, or revocation, but the department must immediately cancel for certain listed noncompliance and may temporarily suspend for up to 30 days in the public interest.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11111. (a) Every licensee under this chapter is entitled to notice and hearing prior to cancellation, suspension, or revocation of the license by the department, except that the department shall immediately cancel the license without a hearing for failure of the licensee to meet and maintain the requirements of paragraph (1), (3), or (4) of subdivision (a) of Section 11102, or Section 11103 or 11103.1, or paragraph (4), (5), or (6) of subdivision (a) of Section 11104, or paragraph (4), (5), or (6) of subdivision (a) of Section 11104.3, or Section 11110.2. (b) The notice and hearings provided for in this chapter shall be pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (c) Any action of the department in suspending, canceling, or revoking, or failing to renew a license may be reviewed by any court of competent jurisdiction. (d) The department may, pending a hearing, temporarily suspend the license or permit of any person licensed under this chapter for not more than 30 days if the director finds that the action is required in the public interest. In that case, a hearing shall be held and a decision issued within 30 days after notice of the temporary suspension. (e) The suspension, expiration, or cancellation of a license issued under this chapter does not preclude the filing of an accusation for the revocation or suspension of the suspended, expired, or canceled license as provided in Section 11110, and does not invalidate or otherwise preclude a decision by the department to suspend or revoke the license. That determination may be considered in granting or refusing to grant any subsequent license authorized by this chapter to the same licensee, or to any partner, officer, director, or stockholder of the same licensee. (Amended by Stats. 1990, Ch. 1563, Sec. 15.)
  86. 11111.2.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    Certain licensed owners, operators, and instructors can be served with process by registered mail at specified addresses.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11111.2. Any owner licensed under this chapter who has closed his or her established place of business or any operator or instructor currently or previously licensed under this chapter who no longer resides at the address last filed with the department, may be served with process issued pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code by registered mail at that place of business, in the case of an owner, or at that residence, in the case of an operator or instructor, unless the person has notified the department in writing of another address where service may be made. (Added by Stats. 1988, Ch. 751, Sec. 1.)
  87. 11111.5.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    The director may settle a case by agreement after an accusation is filed, and the department must adopt penalty ranges and file the agreement with the hearing office.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11111.5. (a) After the filing of an accusation under this chapter, the director may enter into a stipulated compromise settlement agreement with the consent of the licensee on terms and conditions mutually agreeable to the director, the respondent licensee, and the accuser without further hearing or appeal. The agreement may include, but is not limited to, a period of probation or monetary penalties, or both. The monetary penalty shall not exceed one thousand dollars ($1,000) for driving school owners or for a principal in an all-terrain vehicle safety training organization or five hundred dollars ($500) for driving school operators or for driving instructors or all-terrain vehicle safety instructors for each violation, and the monetary penalty shall be based on the nature of the violation and the effect of the violation on the purposes of this chapter. (b) A compromise settlement agreement may be entered before, during, or after the hearing, but is valid only if executed and filed pursuant to subdivision (d) before the proposed decision of the hearing officer, if any, is adopted or the case is decided. (c) The department shall adopt, by regulation, a schedule of maximum and minimum amounts of monetary penalties, the payment of which may be included as a term or condition of a compromise settlement agreement entered under subdivision (a). Any monetary penalty included in a compromise settlement agreement shall be within the range of monetary penalties in that schedule. (d) Any compromise settlement agreement entered under this section shall be signed by the director, the respondent licensee, and the accuser, or by their authorized representatives. The director shall file, or cause to be filed, the agreement with the Office of Administrative Hearings, together with the department’s notice of withdrawal of the accusation or statement of issues upon which the action was initiated. (e) If the respondent licensee fails to perform all of the terms and conditions of the compromise settlement agreement, the agreement is void and the department may take any action authorized by law notwithstanding the agreement, including, but not limited to, refiling the accusation or imposing license sanctions. (f) This section shall become operative on July 1, 1988. (Repealed (in Sec. 33) and added by Stats. 1987, Ch. 881, Sec. 34. Section operative July 1, 1988, by its own provisions.)
  88. 11112.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    If the department refuses to issue a license, the applicant may demand a written hearing before the director or the director’s representative within 60 days after notice of the refusal.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11112. Upon refusal of the department to issue a license, the applicant shall be entitled to demand in writing a hearing before the director or his representative within 60 days after notice of refusal. The hearing shall be conducted pursuant to Chapter 5 (commencing at Section 11500), Part 1, Division 3, Title 2 of the Government Code. (Added by Stats. 1959, Ch. 1996.)
  89. 11113.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    The director may set rules for driving schools and driving instructor training courses, and the department must monitor instruction given by driving schools.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11113. (a) The director may prescribe rules and regulations for driving schools regarding the conduct of courses of driver education and driver training, including curriculum, facilities, and equipment. The rules and regulations regarding curriculum shall require all the following: (1) A component relating to the dangers involved in consuming alcohol or drugs in connection with the operation of a motor vehicle. (2) A component examining driver attitude and motivation that focuses on the reduction of future driving violations, with particular emphasis on aggressive driving behavior and behavior commonly known as “road rage.” (3) Viewing the Department of Justice’s video on proper conduct during a traffic stop created pursuant to Section 1656.1. (b) The director may also prescribe rules and regulations for the conduct of driving instructor training courses required by Sections 11102.5 and 11104, including curriculum, facilities, and equipment. The department shall monitor instruction given by driving schools. (Amended by Stats. 2022, Ch. 332, Sec. 3. (AB 2537) Effective January 1, 2023.)
  90. 11113.3.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    Curriculum rules under Section 11113 must include motorists’ rights and duties related to traffic laws and traffic safety.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11113.3. The rules and regulations adopted pursuant to Section 11113 regarding the curriculum shall include, but are not limited to, the rights and duties of a motorist as they relate to traffic laws and traffic safety. (Added by Stats. 2000, Ch. 833, Sec. 5. Effective January 1, 2001.)
  91. 11113.5.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    The department must set rules and standards for licensing and controlling certain driving school owners, operators, instructors, and driver-education courses.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11113.5. The department shall establish rules and regulations prescribing standards for the licensing and control, as provided in this chapter, of owners, operators, and instructors and the courses of driver education and driver training for driving schools providing training courses for class 1 and class 2 licensed drivers. The standards shall provide for requirements of licensing, training, and control to assure that the owners, operators, and instructors are qualified to provide the type of training needed by drivers for safe operation of large commercial vehicles on the highway. (Added by Stats. 1985, Ch. 387, Sec. 1.)
  92. 11114.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

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    The department may require a licensed person to undergo reexamination of qualifications if there is reasonable cause to think the person cannot give driving instruction, and may suspend the license if the person refuses or fails to comply.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Driving Schools and Driving Instructors [11100 - 11114] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## 11114. The department may require any person licensed under this chapter to submit to a reexamination of his qualifications when there is reasonable cause to believe that the licensee does not have the ability to give driving instruction. If the licensee refuses or fails to submit to such reexamination, the department may peremptorily suspend his license until such time as the licensee shall have submitted to reexamination. The suspension shall be effective upon notice. (Repealed and added by Stats. 1975, Ch. 703.)
  93. 112.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    “Amber” means the same as “yellow,” including the chromaticity coordinate boundaries for yellow set by California Highway Patrol regulations.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 112. “Amber” has the same meaning as “yellow,” and is within the chromaticity coordinate boundaries for yellow specified in regulations adopted by the Department of the California Highway Patrol. (Added by Stats. 1977, Ch. 287.)
  94. 11200.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    Traffic violator schools must be licensed by the department, and schools and attendees must follow disclosure, retention, reporting, and receipt requirements.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11200. (a) The department shall license schools for traffic violators for purposes of Section 41501 or 42005 and to provide traffic safety instruction to other persons who elect to attend. A person may not own or operate a traffic violator school or, except as provided in Section 11206, give instruction for compensation in a traffic violator school without a currently valid license issued by the department. (b) (1) Any person who elects to attend a traffic violator school shall receive from the traffic violator school and shall sign a copy of the following consumer disclosure statement prior to the payment of the school fee and attending the school: “Course content is limited to traffic violator curricula approved by the Department of Motor Vehicles. Students in the classroom include traffic offenders, repeat traffic offenders, adults, and teenagers, and those who have and those who have not been referred by a court. Instructor training, business regulatory standards, and Vehicle Code requirements of traffic violator schools are not equal to the training, standards, and Vehicle Code requirements of licensed driving schools (California Vehicle Code Section 11200(b)(1)).” (2) In the case of a minor who elects to attend a traffic violator school, the minor’s parent or guardian shall sign the consumer disclosure statement. (3) A copy of each signed disclosure statement shall be retained by the traffic violator school for a minimum of 36 months. (c) New and modified departmental regulations necessitated by this section shall be adopted and effective no later than September 1, 2011. (d) A licensed traffic violator school shall notify the court by posting on the department’s Web-based database established pursuant to subdivision (b) of Section 11205 information regarding successful course completions. (e) A licensed traffic violator school shall give every person who attends the school for purposes of Sections 41501 or 42005, upon successful completion of the lesson plan and passage of the postlesson knowledge test, a receipt indicating successful completion. The receipt shall include contact information, including the name of the traffic violator school, address of the school’s business location, name of the course instructor if classroom-based, telephone number, e-mail address if appropriate, hours of operation, and any other information that may be used to confirm course completion. (f) This section shall become operative on September 1, 2011. (Repealed (in Sec. 3) and added by Stats. 2010, Ch. 599, Sec. 3.5. (AB 2499) Effective January 1, 2011. Section operative September 1, 2011, by its own provisions.)
  95. 11202.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    A traffic violator school owner must meet listed business, staffing, bond, plan, service, and compliance requirements before a license may be issued.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11202. (a) A traffic violator school owner shall meet all of the following criteria before a license may be issued for the traffic violator school: (1) Maintain an established place of business in this state that is open to the public. An office or place of business of a traffic violator school, including any traffic violator school branch or classroom location, shall not be situated within 500 feet of any court of law or within 50 feet of another licensed traffic violator school. The office or place of business shall be a separate and enclosed space consisting of a minimum of 100 square feet and shall have a lockable entry door. (2) Be open to the public and maintain regular business hours Monday to Friday, inclusive, excluding state and federal holidays. The business hours shall be posted at the established place of business and on any internet website used or maintained by the traffic violator school. (3) Have an operator or employee in each office or place of business during regular business hours. (4) Have a name that does not include a cost, price, or amount of the traffic violator school course, unless that name accurately reflects the cost of the course. (5) Conform to standards established by regulation of the department. In adopting the standards, the department shall consider those practices and instructional programs that may reasonably foster the knowledge, skills, and judgment necessary for compliance with traffic laws. The department shall establish standards for each instructional modality, which may include requirements specific to each modality. The standards may include, but are not limited to, classroom facilities, school personnel, equipment, curriculum, procedures for the testing and evaluation of students, recordkeeping, and business practices. (6) Procure and file with the department a bond of fifteen thousand dollars ($15,000) executed by an admitted surety and conditioned upon the applicant not practicing fraud or making a fraudulent representation that will cause a monetary loss to a person taking instruction from the applicant or to the state or any local authority. (7) Have the proper equipment necessary for giving instruction to traffic violators. (8) Have a lesson plan approved by the department, and provide not less than the minimum instructional time specified in the approved plan. The approved plan shall include a postlesson knowledge test. The lesson plan for each instructional modality shall require separate approval by the department. (9) (A) Execute and file with the department an instrument designating the director as agent of the applicant for service of process, as provided in this paragraph, in any action commenced against the applicant arising out of a claim for damages suffered by a person due to the applicant’s violation of a provision of this code committed in relation to the specifications of the applicant’s traffic violator school or a condition of the bond required by paragraph (6). (B) The applicant shall stipulate in the instrument that a process directed to the applicant, when personal service cannot be made in this state after due diligence, may be served instead upon the director or, in the director’s absence from the department’s principal offices, upon an employee in charge of the office of the director, and that this substituted service is of the same effect as personal service on the applicant. The instrument shall further stipulate that the agency created by the designation shall continue during the period covered by the license issued pursuant to this section and so long thereafter as the applicant may be made to answer in damages for a violation of this code for which the surety may be made liable or a condition of the bond. (C) The instrument designating the director as agent for service of process shall be acknowledged by the applicant before a notary public. (D) If the director or an employee of the department, in lieu of the director, is served with a summons and complaint on behalf of the licensee, one copy of the summons and complaint shall be left with the director or in the director’s office in Sacramento or mailed to the office of the director in Sacramento. A fee of five dollars ($5) shall also be paid to the director or employee at the time of service of the copy of the summons and complaint, or shall be included with a summons and complaint served by mail. (E) The service on the director or department employee pursuant to this paragraph is sufficient service on the licensee if a notice of the service and a copy of the summons and complaint are, on the same day as the service or mailing of the summons and complaint, sent by registered mail by the plaintiff or the plaintiff’s attorney to the licensee. A copy of the summons and complaint shall also be mailed by the plaintiff or plaintiff’s attorney to the surety on the licensee’s bond at the address of the surety given in the bond, postpaid and registered with request for return receipt. (F) The director shall keep a record of all processes served pursuant to this paragraph showing the day and hour of service, and shall retain the documents served in the department’s files. (G) If the licensee is served with process by service upon the director or a department employee in lieu of the director, the licensee has 30 days after that service within which to answer any complaint or other pleading filed in the cause. For purposes of venue, if the licensee is served with process by service upon the director or a department employee in lieu of the director, the service is considered to have been made upon the licensee in the county in which the licensee has or last had an established place of business. (10) (A) Meet the requirements of Section 11202.5, relating to traffic violator school operators, if the owner is also the operator of the traffic violator school. If the owner is not the operator of the traffic violator school, the owner shall designate an employee as operator who shall meet the requirements of Section 11202.5. (B) A person may be an operator for more than one traffic violator school if (i) the schools have a common owner or owners and (ii) the schools share a single established business address. (C) A traffic violator school with multiple branch locations may designate a separate licensed operator for each location, but shall designate one of the licensed operators as the primary contact for the department. (11) Have an instructor who meets the requirements of Section 11206. An owner who is designated as the operator for the school is authorized to act as an instructor without meeting the requirements of Section 11206. The owner license may also include authorization to act as an instructor if the owner is not designated as the operator but meets the requirements of Section 11206. The owner license shall specify if the owner is authorized to offer instruction. If the owner is not approved to act as an instructor, the school must employ an instructor licensed pursuant to Section 11206. (12) Provide the department with a written assurance that the school will comply with the applicable provisions of Subchapter II or III of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and any other federal and state laws prohibiting discrimination against individuals with disabilities. Compliance may include providing sign language interpreters or other accommodations for students with disabilities. (b) The qualifying requirements specified in subdivision (a) shall be met within one year from the date of application for a license, or a new application and fee are required. (c) Paragraphs (6) and (9) of subdivision (a) do not apply to public schools or other public agencies, which shall also not be required to post a cash deposit pursuant to Section 11203. (d) Paragraphs (1), (2), (3), and (10) of subdivision (a) do not apply to public schools or other public educational institutions. (e) A notice approved by the department shall be posted in every traffic violator school, branch, and classroom location, and prominently displayed on a home study or internet program, stating that any person involved in the offering of, or soliciting for, a completion certificate for attendance at a traffic violator school program in which the person does not attend or does not complete the minimum amount of instruction time may be guilty of violating Section 134 of the Penal Code. (f) This section shall become operative on July 1, 2020. (Amended (as added by Stats. 2019, Ch. 307, Sec. 2) by Stats. 2020, Ch. 370, Sec. 266. (SB 1371) Effective January 1, 2021.)
  96. 11202.5.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    The department must license traffic violator school operators, and a person may not act as one without a currently valid department license unless the owner/operator exception applies.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11202.5. (a) The department shall license traffic violator school operators. A person shall not act as a traffic violator school operator without a currently valid license issued by the department, unless the person is an owner/operator and is so designated on the owner’s license. Every person, in order to qualify as a traffic violator school operator, shall meet all of the following criteria in order to be issued a traffic violator school operator’s license: (1) Have not committed any act which, if the applicant were licensed as a traffic violator school operator, would be grounds for suspension or revocation of the license. (2) Within three attempts, pass an examination that the department requires on traffic laws, safe driving practices, operation of motor vehicles, teaching methods and techniques, traffic violator school statutes and regulations, and office procedures and recordkeeping. (3) Be 21 years of age or older. (4) Have successfully completed an educational program of not less than four hours. The program shall include, but is not limited to, operator responsibilities, current laws, and the regulations in Article 4 of Title 13 of the California Code of Regulations. The instruction may be provided by generally accredited educational institutions, private vocational schools, and education programs and seminars offered by professional societies, organizations, trade associations, and other educational and technical programs that meet the requirements of this section. (5) Provide a certification from the owner that the applicant has the knowledge necessary to perform the duties of the operator. (b) All the qualifying requirements specified in this section shall be met within one year from the date of application for the license or the application shall lapse. However, the applicant may thereafter submit a new application upon payment of the required fee. (Amended by Stats. 2010, Ch. 599, Sec. 7. (AB 2499) Effective January 1, 2011.)
  97. 11203.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    An applicant may post a deposit instead of the bond otherwise required, and the deposit can be returned later under specified conditions.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11203. In lieu of the bond otherwise required by paragraph (3) of subdivision (a) of Section 11202, the applicant may make a deposit pursuant to Article 7 (commencing with Section 995.710) of Chapter 2 of Title 14 of Part 2 of the Code of Civil Procedure. The director may order the deposit returned at the expiration of three years from the date a traffic violator school licensee has ceased to do business, or three years from the date a licensee has ceased to be licensed, if the director is satisfied that there are no outstanding claims against the deposit. A superior court may, upon petition, order the return of the deposit prior to the expiration of three years upon evidence satisfactory to the court that there are no outstanding claims against the deposit. If either the director, department, or state is a defendant in any civil action instituted to recover all or any part of the deposit, or any civil action is instituted by the director, department, or state to determine those entitled to any part of the deposit, the director, department, or state shall be paid reasonable attorney fees and costs from the deposit. Costs shall include those administrative costs incurred in processing claims against the licensee recoverable from the deposit. (Amended by Stats. 2002, Ch. 784, Sec. 598. Effective January 1, 2003.)
  98. 11203.5.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    If the state or a political subdivision is harmed by fraud, misrepresentation, or a violation by a traffic violator school owner, the department may sue the owner and the owner’s surety.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11203.5. If the state or any of its political subdivisions suffers any loss or damage by reason of any fraudulent practice or representation or by reason of any violation of this division by a traffic violator school owner, the department may bring a cause of action against the traffic violator school owner and the surety upon the owner’s bond. (Added by Stats. 1988, Ch. 1221, Sec. 3.)
  99. 11204.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    The department must issue and renew licenses for traffic violator school owners and operators, and it may issue probationary or temporary licenses with conditions.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11204. (a) The department shall issue a license certificate to each traffic violator school owner and each traffic violator school operator licensed pursuant to this chapter. The term of the license shall be for a period of one year from the date of issue unless canceled, suspended, or revoked by the department. The license shall be renewed annually. The department shall require compliance with Section 11202 for renewal of the license of a traffic violator school owner. The department shall require compliance with Section 11202.5 for renewal of the license of a traffic violator school operator. (b) (1) In lieu of the examination required by Section 11202.5 for renewal of the license of a traffic violator school operator, the department may accept submission of evidence by the licensee of continuing professional education. (2) “Professional education,” as used in paragraph (1), means the satisfactory completion of courses acceptable to the department related to traffic safety, teaching techniques, or the teaching of driver instruction, or the participation in professional seminars approved by the department. (c) Whenever in its judgment the public interest so requires, the department may issue a probationary license subject to special conditions to be observed by the licensee in the conduct of the traffic violator school. The conditions to be attached to the license shall be any that may, in the judgment of the department, be in the public interest and suitable to the qualifications of the applicant as disclosed by the application and investigation by the department of the information contained therein. The conditions may not appear on the license certificate. (d) Upon notification of the death of a traffic violator school licensee, the department may issue a temporary license to the executor or administrator of the estate of a deceased holder of a validly outstanding license to conduct a traffic violator school, or if no executor or administrator has been appointed and until a certified copy of an order making an appointment is filed with the department, a temporary license may be issued to the surviving spouse or other heir entitled to conduct the business of the deceased. The temporary license shall permit the holder to conduct the traffic violator school for a period of one year from and after the date of the original licensee’s death, and necessary one-year extensions may be granted to permit disposal of the business and qualification for a license of a purchaser of the business or the surviving spouse or heir. The department may restrict or condition a temporary license and attach to the exercise of the privilege thereunder any terms and conditions that in the department’s judgment are required for the protection of the public. (Amended by Stats. 2003, Ch. 594, Sec. 33. Effective January 1, 2004.)
  100. 11205.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    The department must post a list of licensed traffic violator schools on its website, and courts or TAPs must use a current date-stamped copy when giving that list to a traffic violator.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11205. (a) The department shall provide a list of licensed traffic violator schools on its Internet Web site. For each licensed school, the list shall indicate the modalities of instruction offered and specify the cities where classroom instruction is offered. The sequential listing of licensed schools shall be randomized daily. (b) When a court or traffic assistance program (TAP) provides a hard copy list of licensed traffic violator schools to a traffic violator, the court or TAP shall provide only a current date-stamped list downloaded from the department’s Internet Web site. The hard copy list shall be as current as practicable, but in no event shall a list be distributed with a date stamp that is more than 60 days old. (c) The department shall, by April 1, 2012, develop a Web-based database that will enable the department, the courts, and traffic violator schools to monitor, report, and track participation and course completion. Traffic violator schools shall update course information within three business days of class completion and provide to the courts class completion information on a daily basis. (d) This section shall become operative on September 1, 2011. (Repealed (in Sec. 5) and added by Stats. 2010, Ch. 599, Sec. 5.5. (AB 2499) Effective January 1, 2011. Section operative September 1, 2011, by its own provisions.)
  101. 11205.1.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    The specified traffic violator school fee applies only when the violator has agreed to attend, or has been ordered to attend, a traffic violator school under the cited sections.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11205.1. Until January 1, 2013, the fee authorized in subdivision (d) of Section 11205.2, and after January 1, 2013, the fee authorized in subdivision (c) of Section 11205.2, shall be applicable only in those instances where a traffic violator has agreed to attend or has been ordered to attend a traffic violator school pursuant to Section 41501 or 42005. (Amended by Stats. 2010, Ch. 599, Sec. 6. (AB 2499) Effective January 1, 2011.)
  102. 11205.2.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    A court may use a traffic assistance program (TAP) to help process traffic violators, may charge a fee for those services, may let the TAP collect the fee, and must keep the fee approved, regulated, and limited to actual TAP costs.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11205.2. (a) As used in this chapter, a traffic assistance program (TAP) is a public or private nonprofit agency that provides services, under contract with a court to process traffic violators or under contract with the department to assist in oversight activities. (b) A court may use a TAP to assist the court in performing services related to the processing of traffic violators. As used in this section, “services” means those services relating to the processing of traffic infraction cases at, and for, the court, including printing and providing to the court and traffic violators hard copy county-specific lists printed from the department’s Internet Web site, administratively assisting traffic violators, and any other lawful activity relating to the administration of the court’s traffic infraction caseload. (c) The court may charge a traffic violator a fee to defray the costs incurred by a TAP for traffic case administration services provided to the court pursuant to subdivision (b). The court may delegate collection of the fee to the TAP. Fees shall be approved and regulated by the court. The fee shall not exceed the actual costs incurred by the TAP for the activities authorized under subdivision (b). (d) This section shall become operative on January 1, 2013. (Repealed (in Sec. 7) and added by Stats. 2010, Ch. 599, Sec. 7.5. (AB 2499) Effective January 1, 2011. Section operative January 1, 2013, by its own provisions.)
  103. 11205.4.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    The department may use TAP, or temporarily a CAP, to monitor licensed traffic violator schools.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11205.4. (a) The department may use a traffic assistance program (TAP), or until January 1, 2013, a CAP established pursuant to Section 11205.2, for monitoring of licensed traffic violator schools, including, but not limited to, audits, inspections, review and examination of business records, class records, business practices, the content of the program of instruction set forth in the lesson plan, or curriculum of a licensee. Inspection includes, but is not limited to, the review of the business office, branch office, and applicable classroom facilities of a licensee. Monitoring includes onsite review of actual presentation of the traffic safety instruction provided in a classroom and any other activity deemed necessary to ensure high-quality education of traffic violators. (b) This section shall become operative on September 1, 2011. (Amended (as added by Stats. 2010, Ch. 599) by Stats. 2011, Ch. 296, Sec. 302. (AB 1023) Effective January 1, 2012.)
  104. 11206.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    The department must license traffic violator school instructors, and no one may act as one without a current instructor license unless exempted.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11206. (a) The department shall license traffic violator school instructors. Except as exempted by this section, no person shall act as a traffic violator school instructor without a currently valid instructor’s license issued by the department. Every person, in order to qualify as a traffic violator school instructor, shall meet all of the following requirements before an instructor’s license may be issued: (1) Have a high school education. (2) Within three attempts, pass an examination, as required by the department, on traffic laws, safe driving practices, operation of motor vehicles, and teaching methods and techniques. (3) Hold a currently valid California driver’s license that is not subject to probation pursuant to Section 14250 due to the applicant being a negligent operator within the meaning of Section 12810 or 12810.5. The applicant’s driving record shall not have any outstanding notice for violating a written promise to appear in court or for willfully failing to pay a lawfully imposed fine, as provided in former Section 40509. (4) Be 18 years of age or older. (b) All the qualifying requirements specified by this section shall be met within one year from the date of application for a license or the application shall lapse. However, the applicant may thereafter submit a new application upon payment of the requisite fee. (c) A license issued pursuant to this section is not required to provide instruction to traffic violators in a public school or other public educational institution by a person holding a valid teaching credential with satisfactory training or experience in the subject area, as determined by the department. Persons exempt from licensure under this section are not required to obtain a license certificate pursuant to Section 11207. (Amended by Stats. 2022, Ch. 800, Sec. 7. (AB 2746) Effective January 1, 2023.)
  105. 11206.5.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    Applicants for a traffic violator school owner, operator, or instructor license must file an application with the department on the department’s forms and provide any information the department considers necessary about their character, honesty, integrity, and reputation.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11206.5. Each applicant for a license as a traffic violator school owner, traffic violator school operator, or traffic violator school instructor shall submit an application to the department on the forms prescribed by the department. The applicant shall provide the department with any information concerning the applicant’s character, honesty, integrity, and reputation which the department may consider necessary. (Added by Stats. 1987, Ch. 75, Sec. 2.)
  106. 11207.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    The department issues instructor license certificates, sets renewal conditions, and may grant probationary licenses with special conditions.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11207. (a) The department shall issue a license certificate to each traffic violator school instructor when it is satisfied that he or she has met the qualifications required under this chapter. The original instructor license and any license renewed pursuant to subdivisions (b) and (c) shall be valid for a period of three years from the date of issuance unless canceled, suspended, or revoked by the department. (b) Every application for the renewal of a traffic violator school instructor license may be made by the licensee prior to the expiration date of the license by presenting to the department a completed application on a form provided by the department. In no event shall a traffic violator school instructor renew the license after the date of expiration. (c) The department shall require all of the following for the renewal of an instructor’s license: (1) Compliance with Section 11206, except subdivision (c) thereof. (2) Satisfactory completion of an examination as provided in Section 11206 at least once during each succeeding three-year period after the initial issuance of the license. However, in lieu of examination for renewal of the license, the department may accept submission by the licensee of evidence of continuing professional education. (d) When, in its judgment, the public interest so requires, the department may issue a probationary license subject to special conditions to be observed by the licensee in the exercise of the privilege granted. The conditions to be attached to the license shall be such as may, in the judgment of the department, be in the public interest and suitable to the qualifications of the applicant, as disclosed by the application and investigation by the department of the information contained therein. (Amended by Stats. 1987, Ch. 111, Sec. 2.)
  107. 11208.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    The department must charge fees for listed traffic violator school activities, and a court must collect a single administrative fee from each driver allowed or ordered to attend traffic violator school.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11208. (a) The department shall charge a fee, to be determined by the department, for the following traffic violator school program activities: (1) Original issuance of a traffic violator school owner, operator, instructor, and branch or classroom location license. (2) Renewal of a traffic violator school owner, operator, instructor, and branch or classroom location license. (3) Issuance of a duplicate or corrected traffic violator school owner, operator, instructor, and branch or classroom location license. (4) Transfer of an operator or instructor license from one traffic violator school to another. (5) Approval of curriculum, based on the instructional modality of the curriculum. (6) Fees for administering the examinations pursuant to Sections 11206 and 11207. (b) The fees authorized under subdivision (a) shall be sufficient to defray the actual cost to the department to administer the traffic violator school program, except for routine monitoring of instruction. (c) A single administrative fee shall be assessed against, and collected by the court pursuant to Section 42007.1 from, each driver who is allowed or ordered to attend traffic violator school. Included in this fee shall be an amount determined by the department to be sufficient to defray the cost of routine monitoring of traffic violator school instruction. (d) This section shall become operative on September 1, 2011. (Repealed (in Sec. 9) and added by Stats. 2010, Ch. 599, Sec. 10. (AB 2499) Effective January 1, 2011. Section operative September 1, 2011, by its own provisions.)
  108. 11209.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    Certain traffic violator school licensees who miss renewal deadlines cannot renew that license, but may need to reapply or seek a new license instead.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11209. Any traffic violator school owner, traffic violator school operator, or traffic violator school instructor required to be licensed under this chapter who fails to renew the license before the expiration of the license may not renew that license, but may reapply for an original license pursuant to this chapter. For purposes of this section, a license that has been canceled may not be renewed and a license that is suspended or revoked may not be renewed, until reinstatement or reissuance by the department. If the period of suspension or revocation extends beyond the expiration of a license, it may not be renewed, but the person may apply for a new license thereafter. (Amended by Stats. 1987, Ch. 111, Sec. 3.)
  109. 11210.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    The department may issue a temporary permit to an applicant while deciding whether the applicant meets the chapter’s requirements.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11210. Pending determination by the department that an applicant for a license fully satisfies the requirements of this chapter, the department may issue a temporary permit to the applicant. A temporary permit may authorize the operation of a traffic violator school or acting as a traffic violator school operator or traffic violator school instructor for a period not to exceed 120 days while the department is completing its investigation and determination of all facts relative to the qualifications of the applicant for the license. The department may cancel a temporary permit when it has determined or has reasonable cause to believe that the application is incorrect or incomplete or the temporary permit was issued in error. A temporary permit is invalid upon cancellation or once the applicant has been issued or denied the license applied for. (Amended by Stats. 1985, Ch. 396, Sec. 14. Effective July 30, 1985.)
  110. 11211.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    The department may refuse a license application for listed reasons, but an applicant can demand a hearing within 60 days after refusal notice, and a refused or revoked applicant may reapply after at least one year.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11211. (a) The department may refuse to issue a license to any applicant under this chapter when it finds and determines that any of the following exist: (1) The applicant was previously the holder of a license under this chapter which was revoked or suspended. (2) The applicant was previously the holder of an occupational license issued by another state, authorizing the same or similar activities of a license issued under this division; and that license was revoked or suspended for cause and was never reissued, or was suspended for cause, and the terms of suspension have not been fulfilled. (3) The applicant has done any act or series of acts which would be a cause for suspension or revocation of licensure under Section 11215, regardless of whether the applicant was licensed under this chapter at the time of the act or acts. (4) If the applicant is a business, a business representative was the holder of a previously issued license under this chapter that was suspended or revoked or has done any act or series of acts which would be a cause for suspension or revocation of a license under Section 11215, regardless of whether the business representative was licensed under this chapter at the time of the act or acts. (5) By reason of the facts and circumstances relating to the organization, control, and management of the business, it is likely that both of the following will occur: (A) The policy or operation of the business will be directed, controlled, or managed by an individual who, by reason of an act, series of acts, or conduct described in paragraph (3) or (4), would be ineligible for a license. (B) By licensing the business, the purposes of this division would be defeated. (6) The applicant has knowingly made a false statement or knowingly concealed a material fact in applying for a license under this chapter. (7) The applicant, or a business representative if the applicant is a business, has been convicted of a crime, or committed any act or engaged in conduct involving moral turpitude which is substantially related to the qualifications, functions, or duties of the licensed activity. A conviction after a plea of nolo contendere is a conviction within the meaning of this section. (b) Upon refusal of the department to issue a license under this chapter, the applicant is entitled to a hearing upon demand in writing submitted to the department within 60 days after notice of refusal. The hearing shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (c) A person whose license has been revoked or application for a license has been refused may reapply for the license after a period of not less than one year has elapsed from the effective date of the decision revoking the license or refusing the application. (Amended by Stats. 1998, Ch. 877, Sec. 43. Effective January 1, 1999.)
  111. 11212.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    Licensed traffic violator school owners must keep specified student records at the school’s primary business location and retain them for at least three years.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11212. (a) Every owner licensed under this chapter shall keep a record at the traffic violator school’s primary business location showing all of the following for each student: (1) The name and address and license number of the traffic violator school providing instruction. (2) The name and address of each person given instruction. (3) The instruction permit number or driver’s license number of every person given instruction. (4) The name and number of the license issued pursuant to Section 11207 of the traffic violator school instructor. (5) The particular type of instruction given and the date or dates of the instruction. (6) A statement as to whether the approved lesson plan was followed. (7) The total number of hours of instruction. (8) The total cost to the student of the instruction, which shall not exceed the amount of the fee represented or advertised by the traffic violator school at the time of the student’s enrollment. (9) The court docket number under which the student was referred to a traffic violator school. (10) The number of the completion certificate issued to the student pursuant to subdivision (e) of Section 11208 and, if different, the number of any copy thereof issued to the student. (b) The records shall be retained for a minimum of three years and shall be open to the inspection during business hours and at all other reasonable times by the department, the court, a private entity providing monitoring pursuant to Section 11222, the Legislative Analyst, and the State Auditor or authorized employees thereof, but shall be only for confidential use. (c) Whenever a licensee suspends or terminates the licensed activity, the licensee shall surrender the records specified in subdivision (a) to the department for examination not later than the end of the third day, excluding Saturdays, Sundays, and legal holidays, after the date of suspension or termination. The department may duplicate or make a record of any information contained therein. All these records shall be returned to the licensee not later than 30 days after the date of surrender. (d) The address of any person kept pursuant to paragraph (2) of subdivision (a) shall only be used by the school for school administrative purposes. (Amended by Stats. 2001, Ch. 739, Sec. 5. Effective January 1, 2002.)
  112. 11213.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    Traffic violator school owners, operators, and instructors must report certain changes to the department within set time limits, and the department may require additional reports.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11213. (a) Every traffic violator school owner licensed pursuant to this chapter shall notify the department within 10 days of any change in the ownership or corporate structure of the licensee. (b) Every traffic violator school owner shall immediately notify the department of the following activities: (1) Change of the site or location of the school’s established principal place of business. (2) Addition or deletion of a traffic violator school branch or classroom location. (c) Every traffic violator school operator and traffic violator school instructor licensed pursuant to this chapter shall report to the department every change of residence address within five days of the change. (d) The department may require persons licensed pursuant to this chapter to submit additional reports as determined necessary by the department to serve the purposes of this chapter. (Amended by Stats. 1985, Ch. 396, Sec. 17. Effective July 30, 1985.)
  113. 11214.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    The department may audit, inspect, and monitor licensed traffic violator schools, and may annually audit a licensee’s records.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11214. (a) Except as provided in this chapter, the department may audit, inspect, and monitor, all licensed traffic violator schools. (b) The department may annually audit the records of a licensee. Auditing includes, but is not limited to, the review and examination of business records, class records when applicable, business practices, and the content of the program of instruction set forth in the lesson plan or curriculum of a licensee. (c) Inspecting includes, but is not limited to, the review of the business office, branch office, and applicable classroom facilities of a licensee. (d) Monitoring includes the onsite review of the actual presentation of the program of traffic safety instruction provided in a classroom mode of instruction. (Repealed and added by Stats. 2003, Ch. 518, Sec. 4. Effective January 1, 2004.)
  114. 11215.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    The department may suspend or revoke a license for traffic violator schools after notice and hearing if listed violations or other listed circumstances occur.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11215. The department, after notice and hearing, may suspend or revoke a license issued under this chapter if any of the following circumstances exist: (a) The department finds and determines that the licensee ceases to meet any requirement to obtain a license under this chapter. (b) The holder fails to comply with, or otherwise violates, a provision of this chapter or a regulation or requirement of the department adopted pursuant to this chapter. (c) The licensee engages in fraudulent practices with respect to its activities licensed under this chapter or induces or fails to promptly report to the department any known fraud or fraudulent practices on the part of an employee of the traffic violator school. (d) The licensee represents himself or herself as an agent or employee of the department or uses advertising designed to create the impression, or that would reasonably have the effect of leading persons to believe that the licensee was in fact an employee or representative of the department, or whenever the licensee advertises, in any manner or means, a statement that is untrue or misleading and that is known, or that by the exercise of reasonable care should be known, to be untrue or misleading. (e) The licensee or an employee or agent of the licensee collects fees for or preregisters a person in traffic violator school or solicits traffic violator school instruction in an office of the department or in a court or within 500 feet of a court. (f) The licensee is convicted of violating Section 20001, 20002, 20003, 20004, 20006, 20008, 23103, 23104, 23105, 23152, or 23153 of this code or subdivision (b) of Section 191.5 or Section 192 of the Penal Code. A conviction after a plea of nolo contendere is a conviction within the meaning of this section. (g) The traffic violator school owner teaches, or permits an employee to teach, traffic safety instruction without a valid instructor’s license. (h) The traffic violator school owner does not have in effect a bond as provided in paragraph (3) of subdivision (a) of Section 11202 or a deposit in lieu of the bond, as specified in Section 11203. (Amended by Stats. 2007, Ch. 747, Sec. 15.5. Effective January 1, 2008.)
  115. 11215.5.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    The department may suspend or revoke a traffic violator school license after notice and hearing if listed misconduct or conditions are found.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11215.5. The department, after notice and hearing, may also suspend or revoke any license issued under this chapter when any of the following circumstances exist: (a) If the main business office of the traffic violator school is located in any county with a population of 400,000 or more in which the traffic violator school conducts its instructional program, and the main business office does not maintain office hours during the time that the day courts in that county are open for business. This subdivision shall not apply to public schools. (b) If the licensee is found by the department to be selling, or knowingly permitting the sale of, completion certificates. (c) If the licensee is found by the department to be intentionally cutting instructional time short. (d) If the licensee is found by the department to be intentionally diverting any student to a traffic school other than the school initially contacted by that student, without disclosure to that student, through the use of the department’s list of licensed traffic violator schools. (Amended by Stats. 1988, Ch. 1196, Sec. 3.)
  116. 11215.7.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    A cause for refusing a license under this chapter is also a cause to suspend or revoke that license.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11215.7. Any of the causes specified in this chapter as a cause for refusal to issue a license under this chapter is cause to suspend or revoke a license under this chapter. (Added by Stats. 1990, Ch. 1563, Sec. 22.)
  117. 11216.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    A traffic violator school owner’s license is automatically canceled if listed events occur, such as abandoning or changing the business location without notice, failing to keep required bond coverage, surrendering the license, changing the named licensee, or losing corporate status.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11216. Any license issued to a traffic violator school owner under this chapter shall be automatically canceled upon the happening of any of the following: (a) The abandonment of the established place of business or the change thereof without notice to the department pursuant to Section 11213. (b) The failure to maintain an adequate bond or to procure and file another bond, as required by Section 11202, prior to the effective date of the termination by the surety of any existing bond. (c) The voluntary or involuntary surrender of the license, except that a surrender or cessation of business by the licensee, or the suspension or revocation of the corporate status of the licensee, does not preclude the department from filing an accusation for revocation or suspension of the surrendered license, as provided in Section 11215 or 11215.5, or affect the department’s decision to suspend or revoke the license. (d) Notification to the department that the person designated as the licensee has changed. (e) Suspension or cancellation of the corporate status of the licensee. (Amended by Stats. 1990, Ch. 1563, Sec. 23.)
  118. 11216.2.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    A traffic violator school license must be automatically suspended for 30 days if the department is notified of more than one final determination that the school violated disability-rights laws.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11216.2. (a) Any license issued to the owner or operator of a traffic violator school under this chapter shall be automatically suspended for 30 days by the department if the department has been notified that more than one final determination has been made that the traffic violator school has violated a student’s rights under the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101, et seq.) or any other federal or state law prohibiting discrimination against individuals with disabilities. The final determination shall be made by a federal or state court of competent jurisdiction or an appropriate federal or state administrative agency, including, but not limited to, the Civil Rights Department, or any combination thereof. For the purpose of this subdivision, “final determination” means that no further appeal of a determination can be taken to any court because the time period for the appeal has expired. (b) If a traffic violator school subject to suspension under this section is operated by a traffic school operator licensed pursuant to Section 11202.5 who is operating other traffic schools, the licenses of the owners of those traffic schools operated by that traffic school operator also shall be suspended for the 30-day period. (Amended by Stats. 2022, Ch. 48, Sec. 76. (SB 189) Effective June 30, 2022.)
  119. 11216.5.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    The department may temporarily refuse to issue or suspend a traffic violator school license after notice and hearing if the applicant, licensee, or certain business representative has a qualifying moral-turpitude conviction that is still under appeal or not final.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11216.5. (a) The department, after notice and hearing, on an interim basis, may refuse to issue or may suspend a license issued under this chapter when the applicant or licensee, or a business representative if the applicant or licensee is a business, has been convicted of a crime involving moral turpitude which is substantially related to the qualifications, functions, or duties of the licensed activity, if an appeal of the conviction is pending or the conviction has otherwise not become final. A conviction after a plea of nolo contendere is a conviction within the meaning of this section. (b) If a conviction, on which an interim refusal to issue or suspension under subdivision (a) is based, is affirmed on appeal or otherwise becomes final, the refusal to issue or the suspension shall automatically take effect as a denial or revocation, as the case may be, of the license. If the interim refusal to issue or suspension was stayed under probationary terms and conditions, the subsequent automatic denial or revocation shall also be stayed under the same terms and conditions for a term not to exceed the original term of probation for the interim refusal to issue or suspension. (c) If a conviction, upon which an interim refusal to issue or suspension under subdivision (a) is based, is reversed on appeal, the refusal or suspension shall be set aside immediately by the department. (Added by Stats. 1990, Ch. 1563, Sec. 24.)
  120. 11217.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    Licensees in this chapter are entitled to notice and a hearing before suspension or revocation, except for specified fraud cases; a $5 reinstatement fee applies before reinstating certain suspended licenses.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11217. (a) Every licensee under this chapter is entitled to notice and hearing prior to suspension or revocation of the license by the department, except that the department shall immediately suspend the license pursuant to subdivision (e) for any act of fraud specified in subdivision (c) or (d) of Section 11215. (b) Before reinstatement of any license suspended pursuant to subdivision (a) of Section 11215, the licensee shall pay the department a reinstatement fee of five dollars ($5). (c) The notice and hearings provided for in this division shall be pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (d) Any action of the department, in suspending, canceling, revoking, or failing to renew a license issued pursuant to this chapter, may be reviewed by any court of competent jurisdiction. (e) The department may, pending a hearing, temporarily suspend the license or permit of any traffic violator school owner, operator, or instructor for a period of not more than 30 days if the director finds that the public interest so requires. In that case, a hearing shall be held and a decision issued within 30 days after issuance of the notice of temporary suspension. (f) The suspension, expiration, or cancellation of a license issued pursuant to this chapter does not preclude the filing of an accusation for the revocation or suspension of the suspended, expired, or canceled license, and does not invalidate or otherwise preclude a decision by the department to suspend or revoke the license, and this determination may be considered by the department in granting or refusing to grant any subsequent license under this chapter to the same licensee or to any business representative of the same licensee. (Amended by Stats. 1990, Ch. 1563, Sec. 25.)
  121. 11217.5.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

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    This section allows service of process by registered mail on certain licensed traffic violator school owners, operators, or instructors at the address tied to their business or residence.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11217.5. Any owner licensed under this chapter who has closed his or her established place of business or any operator or instructor currently or previously licensed under this chapter who no longer resides at the address last filed with the department, may be served with process issued pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code by registered mail at that place of business, in the case of an owner, or at that residence, in the case of an operator or instructor, unless the person has notified the department in writing of another address where service may be made. (Added by Stats. 1988, Ch. 751, Sec. 2.)
  122. 11218.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

    Verify source ↗

    The director may settle a traffic violator school accusation by written agreement if the licensee consents, and the department must set penalty ranges by regulation.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11218. (a) After the filing of an accusation under this chapter, the director may enter into a stipulated compromise settlement agreement with the consent of the licensee on terms and conditions mutually agreeable to the director, the respondent licensee, and the accuser without further hearing or appeal. The agreement may include, but is not limited to, a period of probation or monetary penalties, or both. The monetary penalty shall not exceed one thousand dollars ($1,000) per violation for a traffic violator school owner or five hundred dollars ($500) per violation for traffic violator school operators or instructors, and shall be based on the nature of the violation and the effect of the violation on the purposes of this chapter. (b) A compromise settlement agreement may be entered before, during, or after the hearing, but is valid only if executed and filed pursuant to subdivision (d) before the proposed decision of the hearing officer, if any, is adopted or the case is decided. (c) The department shall adopt, by regulation, a schedule of maximum and minimum amounts of monetary penalties, the payment of which may be included as a term or condition of a compromise settlement agreement entered under subdivision (a). Any monetary penalty included in a compromise settlement agreement shall be within the range of monetary penalties in that schedule. (d) Any compromise settlement agreement entered under this section shall be signed by the director, the respondent licensee, and the accuser, or by their authorized representatives. The director shall file, or cause to be filed, the agreement with the Office of Administrative Hearings, together with the department’s notice of withdrawal of the accusation or statement of issues upon which the action was initiated, unless that accusation or statement has not yet been forwarded to the Office of Administrative Hearings. (e) If the respondent licensee fails to perform all of the terms and conditions of the compromise settlement agreement, the agreement is void and the department may take any action authorized by law notwithstanding the agreement, including, but not limited to, refiling the accusation or imposing license sanctions. (Amended by Stats. 1992, Ch. 1243, Sec. 73. Effective September 30, 1992.)
  123. 11219.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

    Verify source ↗

    The director may make rules for traffic violator schools and instructor training courses, including curriculum, facilities, and equipment.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11219. The director may prescribe rules and regulations for traffic violator schools regarding the conduct of courses of education including curriculum, facilities, and equipment. The curriculum shall include, but is not limited to, the rights and duties of a motorist as they pertain to pedestrians and the rights and duties of a pedestrian as they relate to traffic laws and traffic safety. The director may also prescribe rules and regulations for the conduct of instructor training courses. (Amended by Stats. 2000, Ch. 833, second Sec. 5.5. Effective January 1, 2001.)
  124. 11219.3.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

    Verify source ↗

    The curriculum for traffic violator schools must include instruction on motorists’ and pedestrians’ rights and duties, plus respect for others’ right-of-way, especially for pedestrians, bicycle riders, and motorcycle riders.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11219.3. The curriculum prescribed pursuant to Section 11219 shall include, but is not limited to, the following: (a) The rights and duties of a motorist as they pertain to pedestrians. (b) The rights and duties of a pedestrian as they relate to traffic laws and traffic safety. (c) Information that emphasizes respecting the right-of-way of others, particularly with respect to pedestrians, bicycle riders, and motorcycle riders. (Amended by Stats. 2006, Ch. 898, Sec. 2. Effective January 1, 2007.)
  125. 11219.5.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

    Verify source ↗

    Traffic violator schools must issue a receipt for collected fees. If a scheduled class is canceled, the licensee may not have to provide the instruction for a fee below the normal standard fee if at least 72 hours' notice is given or the cancellation was due to exigent circumstances beyond the licensee's control.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11219.5. (a) A traffic violator school shall issue a receipt for a fee collected by the traffic violator school from a person who registers for, attends, or completes a program of instruction in traffic safety at the licensed traffic violator school. (b) In the event of a cancellation of a scheduled class, a licensee under this chapter shall not be required by the department to provide a program of instruction in traffic safety to a person for a fee that is less than the standard fee normally charged by the licensee for its program, if a notice of cancellation of a class is given to a student at least 72 hours prior to the start of the class, or if the class was canceled based upon exigent circumstances beyond the control of the licensee. (Amended by Stats. 2007, Ch. 396, Sec. 3. Effective January 1, 2008.)
  126. 11220.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

    Verify source ↗

    The department may require licensed persons in this chapter to be reexamined if it has reasonable cause to think they cannot give instruction, and may temporarily suspend a license without a hearing if the person refuses or fails to submit.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11220. The department may require any person licensed under this chapter to submit to a reexamination of his or her qualifications when there is reasonable cause to believe that the licensee does not have the ability to give instruction. If the licensee refuses or fails to submit to the reexamination, the department may, without a hearing, temporarily suspend his or her license until such time as the licensee submits to the reexamination. The suspension shall be effective upon receipt of notice by the licensee. (Added by Stats. 1984, Ch. 1037, Sec. 4.)
  127. 11222.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

    Verify source ↗

    The department may hire a nongovernmental entity to administer part of this chapter, but the contract cannot last more than three years. The contractor and related monitoring entities must avoid other business with traffic violator schools, provide statistical reports at least annually, and allow inspection of records.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11222. The department may contract with a nongovernmental entity to administer any part of this chapter, subject to limitations in other laws regarding contracting out for services. No contract shall exceed three years’ duration. The contracting entity, and any affiliate or subsidiary thereof monitoring traffic violator schools, shall conform to all of the following requirements: (a) Engage in no other business activity with traffic violator schools or any of the principals of the traffic violator schools, including the provision of services or supplies. (b) Provide reports in statistical form to the department and to the Legislature as instructed by the department. These reports shall be issued not less frequently than annually. (c) Make its records available for inspection by authorized representatives of the department, the Legislative Analyst, and the State Auditor. (Amended by Stats. 2001, Ch. 739, Sec. 6. Effective January 1, 2002.)
  128. 11223.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. )

    Verify source ↗

    A licensed motorcyclist safety training program may administer a motorcyclist training course, and the course may add motorcycle safety and lawful-operation instruction.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1.5. Traffic Violator Schools [11200 - 11223] ( Chapter 1.5 added by Stats. 1984, Ch. 1037, Sec. 4. ) ## 11223. A motorcyclist safety training program established pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2, that is licensed by the department as a traffic violator school, may administer a motorcyclist training course. In addition to the curriculum prescribed by the department pursuant to Section 11219, the motorcyclist training course may include instruction specific to the safe and lawful operation of motorcycles in accordance with Section 2932. (Added by Stats. 2016, Ch. 561, Sec. 1. (AB 1932) Effective January 1, 2017.)
  129. 11300.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. )

    Verify source ↗

    A person may not act as a vehicle verifier unless they first obtain a vehicle verifier’s permit from the department, and they also may not do so if the permit has been canceled, suspended, revoked, or invalidated.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. ) ## 11300. It shall be unlawful for any person to act as a vehicle verifier without first having procured a vehicle verifier’s permit issued by the department, or when such permit has been canceled, suspended, revoked or invalidated. (Added by Stats. 1975, Ch. 700.)
  130. 11301.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. )

    Verify source ↗

    Vehicle verifiers must apply to the department on the proper form and include a $5,000 bond; the department must provide forms, request applicant information, and investigate proper applications within 120 days.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. ) ## 11301. Every vehicle verifier shall make application to the department upon the appropriate form, accompanied by a good and sufficient bond, approved as to form by the Attorney General, in the amount of five thousand dollars ($5,000) with corporate surety thereon, duly licensed to do business within the State of California. (a) The department shall prescribe and provide forms to be used for application for permits to be issued under the terms and provisions of this chapter and require of applicants information including, but not limited to, residence address, fingerprints, and personal history statements touching on and concerning the applicant’s character, honesty, integrity, and reputation as it may consider necessary. (b) Upon receipt of an application in proper form accompanied by the appropriate fee, the department shall within 120 days, make a thorough investigation of the information contained in the application. (Amended by Stats. 1988, Ch. 751, Sec. 3.)
  131. 11301.5.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. )

    Verify source ↗

    If a deposit was given instead of the required bond, the Director of Motor Vehicles or a superior court judge may order it returned under stated conditions, and the director, department, or state may recover attorney fees and costs from the deposit in certain actions.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. ) ## 11301.5. If a deposit is given instead of the bond required by Section 11301: (a) The Director of Motor Vehicles may order the refund of the deposit three years from the date a vehicle verifier has ceased to be licensed, if the director is satisfied that there are no outstanding claims against the deposit. A judge of a superior court may order the return of the deposit prior to the expiration of three years from the date a vehicle verifier has ceased to be licensed if there is evidence satisfactory to the court that there are no outstanding claims against the deposit. (b) If the director, department, or state is a defendant in any action instituted to recover all or any part of the deposit, or any action is instituted by the director, department, or state to determine those entitled to any part of the deposit, the director, department, or state shall be paid reasonable attorney fees and costs from the deposit. Costs shall include those administrative costs incurred in processing claims against the deposit. (Amended by Stats. 2002, Ch. 784, Sec. 599. Effective January 1, 2003.)
  132. 11302.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. )

    Verify source ↗

    The department may issue a vehicle verifier’s permit, refuse it for reasonable cause, or suspend or revoke it after notice and hearing.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. ) ## 11302. (a) The department may issue, or for reasonable cause shown, refuse to issue, a vehicle verifier’s permit to any applicant, or may, after notice and hearing, suspend or revoke the permit when satisfied that the applicant or permittee: (1) Has violated any of the provisions of this division or has committed any acts which are grounds for the refusal to issue, or the suspension or revocation of a permit or license issued under this division. (2) Was previously the holder of an occupational license issued by another state, authorizing the same or similar activities of a license issued under this division; and that license was revoked or suspended for cause and was never reissued, or was suspended for cause, and the terms of suspension have not been fulfilled. (3) Has purchased, sold, or otherwise acquired or disposed of, a vehicle which was stolen or embezzled or has performed or submitted to the department, or its authorized representative, documents purporting verification of a vehicle which was stolen or embezzled. (4) Has, in the course of performing a vehicle verification, acted with negligence or incompetence in the reporting of erroneous information to the department, or its authorized representative, and has thereby caused the department to issue inaccurate certificates of ownership or registration, or any other documents or indices which it would not otherwise have issued. (b) Every hearing as provided for in this chapter shall be pursuant to the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1998, Ch. 877, Sec. 44. Effective January 1, 1999.)
  133. 11302.2.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. )

    Verify source ↗

    Licensed vehicle verifiers must report residence address changes to the department within 10 days.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. ) ## 11302.2. (a) Every person licensed under this chapter shall report to the department every change of residence address within 10 days of the change. (b) Any person currently or previously licensed under this chapter who no longer resides at the address last filed with the department may be served with process issued pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code by registered mail at that residence, unless the person has notified the department in writing of another address where service may be made. (Added by Stats. 1988, Ch. 751, Sec. 4.)
  134. 11302.5.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. )

    Verify source ↗

    The director may enter a compromise settlement agreement after an accusation is filed, if the licensee consents. The department must adopt penalty ranges by regulation, and the director must file the agreement with the Office of Administrative Hearings. If the licensee breaches the agreement, it becomes void and the department may take further lawful action.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. ) ## 11302.5. (a) After the filing of an accusation under this chapter, the director may enter into a stipulated compromise settlement agreement with the consent of the licensee on terms and conditions mutually agreeable to the director, the respondent licensee, and the accuser without further hearing or appeal. The agreement may include, but is not limited to, a period of probation or monetary penalties, or both. The monetary penalty shall not exceed five hundred dollars ($500) for each violation, and it shall be based on the nature of the violation and the effect of the violation on the purposes of this chapter. (b) A compromise settlement agreement may be entered before, during, or after the hearing, but is valid only if executed and filed pursuant to subdivision (d) before the proposed decision of the hearing officer, if any, is adopted or the case is decided. (c) The department shall adopt, by regulation, a schedule of maximum and minimum amounts of monetary penalties, the payment of which may be included as a term or condition of a compromise settlement agreement entered under subdivision (a). Any monetary penalty included in a compromise settlement agreement shall be within the range of monetary penalties in that schedule. (d) Any compromise settlement agreement entered under this section shall be signed by the director, the respondent licensee, and the accuser, or by their authorized representatives. The director shall file, or cause to be filed, the agreement with the Office of Administrative Hearings, together with the department’s notice of withdrawal of the accusation or statement of issues upon which the action was initiated. (e) If the respondent licensee fails to perform all of the terms and conditions of the compromise settlement agreement, the agreement is void and the department may take any action authorized by law notwithstanding the agreement, including, but not limited to, refiling the accusation or imposing license sanctions. (Added by Stats. 1985, Ch. 1022, Sec. 14.)
  135. 11305.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. )

    Verify source ↗

    A vehicle verifier permit holder must not submit verification documents without inspecting the vehicle, must report number plate or identifying number problems, must compare vehicle numbers with title/registration documents, must not cause fraud-related loss or damage, and must comply with related legal provisions.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. ) ## 11305. It shall be unlawful and cause of disciplinary action for the holder of a vehicle verifier’s permit: (a) To submit to the department, or its authorized representative, any document which purports to evidence the verification of any vehicle, without having actually physically inspected such vehicle to determine the existence of proper vehicle identification. (b) To fail to report to the department, in a manner prescribed by the department, the absence, alteration, or obvious attempt to alter or obliterate any identifying number or number plate, or remove or attempt to remove such plate on any vehicle for which verification is performed. (c) To fail to physically compare identifying numbers on a vehicle inspected to the information contained in any document of title, registration, or any other form describing such vehicle. (d) To cause any person to suffer any loss or damage by reason of any fraud or deceit practiced upon such person in the course of the conducting of business under the vehicle verifier’s permit. (e) To violate one or more terms and provisions of Section 20, or of Division 3 (commencing with Section 4000), or of this division of this code, or any rules or regulations adopted pursuant thereto, or of Part 5 (commencing with Section 10701) of Division 2 of the Revenue and Taxation Code. (Added by Stats. 1975, Ch. 700.)
  136. 11306.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. )

    Verify source ↗

    Applicants can demand a written hearing after a probationary permit is issued or a permit is refused; the department may issue probationary permits, temporarily suspend a permit for up to 30 days pending a hearing, and a denied applicant may reapply after one year.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. ) ## 11306. (a) If the department issues or renews a vehicle verifier’s permit requiring conditions of probation, or if the department refuses to issue a vehicle verifier’s permit, the applicant shall be entitled to demand, in writing, a hearing as provided in this chapter, before the director, or his representative, within 60 days after notice of refusal or issuance of the probationary permit. (b) Except where the provisions of this code require the refusal to issue a permit, the department may issue a probationary permit subject to conditions to be observed by the permittee in the exercise of the privilege granted. The conditions to be attached to the exercise of the privilege shall be such as may, in the judgment of the department, be in the public interest and suitable to the qualifications of the applicant as disclosed by the application and investigation by the department of the information contained therein. (c) The department may, pending a hearing, temporarily suspend the permit issued to a vehicle verifier for a period not to exceed 30 days if the director finds that such action is required in the public interest. In any such case, a hearing shall be held and a decision thereon issued within 30 days after notice of the temporary suspension. (d) A person whose application for a permit has been denied may reapply for such permit after a period of not less than one year has elapsed from the date of filing of such denial. (Added by Stats. 1975, Ch. 700.)
  137. 11307.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. )

    Verify source ↗

    Vehicle verifiers must keep a record of each verification, include specified customer and vehicle details, and let any peace officer inspect those records.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. ) ## 11307. (a) A vehicle verifier shall maintain a record of each verification made. The record shall contain all of the following: (1) The name and address of the person requesting the verification and the fee charged for such verification. (2) The year model, vehicle identification number, license plate number of the vehicle verified and the state in which the vehicle was last registered. (b) All records maintained by a vehicle verifier shall be open to inspection by any peace officer. (Added by Stats. 1975, Ch. 700.)
  138. 11308.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. )

    Verify source ↗

    The department may make rules about vehicle verifier permits, including issuance, use, renewal, and applicant competence.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. ) ## 11308. The department may adopt rules and regulations concerning the issuance, use, and renewal of a vehicle verifier’s permit, and for determining the competence of an applicant therefor. (Added by Stats. 1975, Ch. 700.)
  139. 11309.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. )

    Verify source ↗

    Vehicle verifier permit fees must be paid to the department, and permits are renewed every two years.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. ) ## 11309. (a) The following fees for a vehicle verifier’s permit shall be paid to the department: (1) For the application and original permit, except as provided by Section 42231, a nonrefundable fee of fifty dollars ($50). (2) For an application for renewal, fifteen dollars ($15). (b) All permits shall be renewed on a biennial basis. All original permits shall be issued for a period of not less than two years, except in the case of a probationary license which, in the discretion of the department, may be issued for a shorter term. (Amended by Stats. 1982, Ch. 1273, Sec. 13.)
  140. 11310.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. )

    Verify source ↗

    A person with a vehicle verifier’s permit issued before this chapter’s operative date must comply with the chapter within three months after the operative date.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. ) ## 11310. Any person who holds a vehicle verifier’s permit issued before the operative date of this chapter shall comply with the provisions of this chapter within three months after its operative date. (Added by Stats. 1975, Ch. 700.)
  141. 11312.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. )

    Verify source ↗

    A vehicle verifier’s permit being suspended, expired, or canceled does not stop an accusation for revocation or suspension, and the department’s suspension-or-revocation determination may be considered for later licenses or permits.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Vehicle Verifiers [11300 - 11312] ( Chapter 2 added by Stats. 1975, Ch. 700. ) ## 11312. The suspension, expiration, or cancellation of a vehicle verifier’s permit provided for in this chapter shall not prevent the filing of an accusation for the revocation or suspension of the suspended, expired, or canceled permit as provided in Section 11302 or 11305 or any rules or regulations adopted pursuant to Section 11308, and the department’s decision that the permit should be suspended or revoked. That determination may be considered in granting or refusing to grant any subsequent license or permit authorized by this division to that vehicle verifier or to a business representative of that prior vehicle verifier’s permit. (Added by Stats. 1998, Ch. 877, Sec. 45. Effective January 1, 1999.)
  142. 11400.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. )

    Verify source ↗

    A person may not operate as a registration service or handle certain vehicle registration-related applications or documents for compensation unless licensed or temporarily permitted by the department, or covered by a qualifying Section 11408 agreement.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. ) ## 11400. No person shall act as a registration service, engage in the business of soliciting or receiving any application for the registration, renewal of registration, or transfer of registration or ownership of any vehicle of a type subject to registration under this code, or of soliciting or receiving an application for a motor carrier permit under Division 14.85 (commencing with Section 34600), or transmit or present any of those documents to the department, if any compensation is solicited or received for the service, without a license or temporary permit issued by the department pursuant to this chapter, or if that license or temporary permit has expired or been canceled, suspended, or revoked, or the terms and conditions of an agreement entered into pursuant to Section 11408 have not been fulfilled. (Amended by Stats. 2005, Ch. 148, Sec. 2. Effective January 1, 2006.)
  143. 11401.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. )

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    An applicant for a registration service license must file the application on the department’s form and provide required background and business information, plus the listed attachments and fee items.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. ) ## 11401. An applicant for a license to be a registration service shall submit an application to the department upon the appropriate form for a license and a distinguishing number. The applicant shall also include with the application any information as to the applicant’s character, honesty, integrity, and reputation which the department requires. The application shall include, but not be limited to, all of the following: (a) The type of ownership, whether an individual, a partnership, or a corporation. If the applicant is a partnership, the names and titles of all partners, except limited partners, shall be furnished. If the applicant is a corporation, the names and titles of all controlling stockholders, directors, and officers who, by reason of the facts and circumstances, could direct, control, or manage the business of the registration service shall be furnished. (b) The name and address of the business, including street, city, and postal zip code of the principal place of business and any branch location. (c) A personal history statement and fingerprints from any person required to be identified in subdivision (a), containing the information the department requires. (d) The name, address, driver’s license number, and a brief physical description of all persons employed or otherwise engaged by the registration service to perform registration work. (e) A bond executed by an admitted surety insurer, approved as to form by the Attorney General, to cover any loss to the public or the State of California arising out of the operation of the registration service. (f) A nonrefundable application fee, as specified in Section 11409. (Added by Stats. 1990, Ch. 1196, Sec. 3. Operative July 1, 1991, by Sec. 4 of Ch. 1196.)
  144. 11402.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. )

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    A registration service bond for issuing or renewing the license must be $25,000, and the bond liability must stay at that amount.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. ) ## 11402. (a) The amount of the bond required by subdivision (e) of Section 11401 for the issuance of a registration service license, or for the renewal of such a license is twenty-five thousand dollars ($25,000). Liability under the bond shall remain at that amount. (b) If the amount of the liability under the bond is decreased, or there is outstanding a final court judgment arising out of a violation of any provision of this code for which the registration service is liable, the license of the registration service shall be automatically suspended. In order to reinstate the license, the registration service shall either file an additional bond or restore the bond on file to the original amount, or shall satisfy the outstanding judgment for which the registration service and surety are liable. (c) The bond shall remain in effect for three years after cessation of business of the registration service. (Amended by Stats. 2004, Ch. 430, Sec. 3. Effective January 1, 2005.)
  145. 11403.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. )

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    A registration-service license or renewal cannot be issued unless the applicant files a written instrument appointing the director for service of process and meets related filing and mailing requirements.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. ) ## 11403. (a) A license to conduct a registration service, or a renewal of that license, shall not be issued to any applicant unless the applicant files with the department an instrument, in writing, in which the applicant appoints the director as the agent of the applicant upon whom all process may be served in any action which may be commenced against the applicant arising out of any claim for damages by any person by reason of the violation by the applicant of any provision of this code in connection with the registration service or any condition of the registration service’s bond. (b) The applicant shall agree in the instrument that any process directed to the applicant, when personal service of process upon the applicant cannot be made in this state after due diligence and, in that case, is served upon the director or, in the event of the director’s absence from the office, upon any employee in charge of the office of the director, is of the same force and effect as if served upon the applicant personally. (c) The applicant shall further agree, in writing, that the agency created by the instrument shall continue during the period covered by any license that may be issued and so long thereafter as the applicant may be required to answer in damages for a violation of this code in connection with the registration service or any condition of the bond. (d) The instrument appointing the director as the agent for the applicant for service of process shall be acknowledged by the applicant before a notary public. (e) If the registration service is served with process by service upon the director, one copy of the summons and complaint shall be left with the director or in the director’s office in Sacramento or mailed to the office of the director in Sacramento. A fee of five dollars ($5) shall also be paid to the director at the time of service of the copy of the summons and complaint. (f) Service on the director is a sufficient service on the registration service if a notice of service and a copy of the summons and complaint are immediately sent by registered mail by the plaintiff or the plaintiff’s attorney to the registration service. A copy of the summons and complaint shall also be mailed by the plaintiff or the plaintiff’s attorney to the surety on the registration service’s bond at the address of the surety given in the bond, postpaid and registered with request for return receipt. (g) The director shall keep a record of all process served on the director pursuant to this section, which shall show the day and hour of service, and shall retain the summons and complaint so served on file. (h) If the registration service is served with process by service upon the director, the registration service has 30 days from the date of that service within which to answer any complaint or other pleading which may be filed in the cause. (i) For purposes of venue, if the registration service is served with process by service upon the director, the service is deemed to have been made upon the registration service in the county in which the registration service has, or last had, its principal place of business. (Added by Stats. 1990, Ch. 1196, Sec. 3. Operative July 1, 1991, by Sec. 4 of Ch. 1196.)
  146. 11404.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. )

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    The department may issue a temporary permit for a registration service license applicant, and the permit can allow operation for up to 120 days.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. ) ## 11404. (a) Until the department determines that the applicant meets all of the requirements of this chapter, it may issue a temporary permit to the person applying for a license as a registration service. (b) The temporary permit shall permit the operation by the registration service or registration agent for not more than 120 days while the department is completing its investigation and determination of all facts relative to the qualifications of the applicant for the license. The department may cancel the temporary permit when it has determined that the application is incorrect or incomplete or that the temporary permit was issued in error. (c) The temporary permit is invalid when canceled or when the license has been issued or refused. (Added by Stats. 1990, Ch. 1196, Sec. 3. Operative July 1, 1991, by Sec. 4 of Ch. 1196.)
  147. 11405.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. )

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    The department may refuse, suspend, revoke, or cancel a registration service license for listed reasons.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. ) ## 11405. The department may refuse to issue a license to, or may suspend, revoke, or cancel the license of, a person to act as a registration service for any of the following reasons: (a) The person has been convicted of a felony or a crime involving moral turpitude which is substantially related to the qualifications, functions, or duties of the licensed activity. (b) The person is, or has been, the holder, or a managerial employee of the holder, of any occupational license issued by the department which has been suspended or revoked. (c) The applicant was previously the holder of an occupational license issued by another state, authorizing the same or similar activities of a license issued under this division; and that license was revoked or suspended for cause and was never reissued, or was suspended for cause, and the terms of suspension have not been fulfilled. (d) The person has used a false or fictitious name, knowingly made any false statement, or knowingly concealed any material fact, in the application for the license. (e) The person has knowingly made, or acted with negligence or incompetence, or knowingly or negligently accepted or failed to inquire about any false, erroneous, or incorrect statement or information submitted to the registration service or the department in the course of the licensed activity. (f) The person has knowingly or negligently permitted fraud, or willfully engaged in fraudulent practices, with reference to clients, vehicle registrants, applicants for motor carrier permits under Division 14.85 (commencing with Section 34600), or members of the public, or the department in the course of the licensed activity. (g) The person has knowingly or negligently committed or was responsible for any violation, cause for license refusal, or cause for discipline under Section 20 or Division 3 (commencing with Section 4000), Division 3.5 (commencing with Section 9840), Division 4 (commencing with Section 10500), or Division 5 (commencing with Section 11100), or Division 14.85 (commencing with Section 34600), or any rules or regulations adopted under those provisions. (h) The person has failed to obtain and maintain an established place of business in California. (i) The person has failed to keep the business records required by Section 11406. (j) The person has violated any term or condition of a restricted license to act as a registration service. (k) The person has committed or was responsible for any other act, occurrence, or event in California or any foreign jurisdiction which would be cause to refuse to issue a license to, or to suspend, revoke, or cancel the license of, a person to act as a registration service. (Amended by Stats. 2005, Ch. 148, Sec. 3. Effective January 1, 2006.)
  148. 11406.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. )

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    Registration services must keep specified business records, give customers a transaction document, post and explain that they are not a branch of the department, and provide a fee disclosure; they may use an approved listing sheet instead of the full records.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. ) ## 11406. (a) Every registration service shall keep accurate business records containing all of the following information: (1) The name, address, and license number of the registration service and the name and address of every employee who performs registration work. (2) The name and address of each client for whom registration work was performed. (3) The identity of every vehicle by year, make, type, license number, and vehicle identification number on which registration work was performed. (4) The amount of registration fees or payments collected for each vehicle on which registration work was performed, including the method of payment to the registration service. (5) The amount of registration fees or payments submitted to the department for each vehicle on which registration work was performed, including the date and method of payment to the department. (6) The amount of any refunds or additional charges on registration fees or payments collected for each vehicle on which registration work was performed, including the date and method of payment of the refund or additional charge by or to the client, the registration service, or the department. (7) The name, signature, or initials of each employee performing work on each transaction and the date the work was done. (8) The cost to each client for the registration work performed on each of the client’s vehicles or to obtain a motor carrier permit. (9) For each motor carrier for which motor carrier permit work was performed, the carrier identification number, business type, business address, carrier type, activities, and number of vehicles. (10) For each motor carrier for which motor carrier permit work was performed, the amount of fees or payment collected and the method of payment. (11) For each motor carrier for which motor carrier permit work was performed, the amount of fees or payment submitted to the department, including the date submitted and the method of payment to the department. (b) As an alternative to maintaining the records required by paragraphs (1) to (11), inclusive, of subdivision (a), a registration service may retain a copy of the listing sheet approved by the department for transmitting registration or motor carrier permit documents to the department. (c) Every registration service shall provide each customer with a document containing all of the information required by subdivision (a) relative to that customer’s transaction, excluding paragraph (7) and excluding the addresses of employees and other customers’ names and addresses. This requirement does not apply to transactions for customers of a dealer or dismantler. (d) Every registration service shall display prominently at its place of business a sign indicating that the service is not a branch of the department and shall inform each customer of that fact. (e) Every registration service shall provide a disclosure to each customer that the services described in Section 11400 may be provided by the department without an additional fee. If a registration service is providing a service described in Section 11400 in person, the disclosure required pursuant to this subdivision shall be in writing. If a registration service is providing a service described in Section 11400 on an Internet Web site, the disclosure required pursuant to this subdivision shall be in a conspicuous place on the Internet Web site. (Amended by Stats. 2014, Ch. 128, Sec. 1. (AB 1627) Effective January 1, 2015.)
  149. 11406.5.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. )

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    If a customer does not provide requested documents, compensation, or fees in writing, the registration service must return the incomplete-transaction documents and any fee receipt within 60 days, by registered mail, to the customer’s last known address.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. ) ## 11406.5. Whenever a customer fails to submit to a registration service any documents, compensation, or fees requested in writing by the registration service, the registration service shall return all documents pertaining to the incomplete transaction, including the department receipt evidencing any fees paid, within 60 days after the request was sent to the customer, to the last known address of the customer, by registered mail. (Added by Stats. 1992, Ch. 1243, Sec. 76. Effective September 30, 1992.)
  150. 11407.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. )

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    The department may inspect and copy the required business records, and it must return them to the licensee within 30 days after receipt.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. ) ## 11407. The business records required by Section 11406 shall be maintained for at least four years and shall be open to inspection by the department during normal business hours. The department may duplicate or make a record of any information contained in any of those records, which shall be for the official use of the department. All records shall be returned to the licensee not later than 30 days after receipt of the records by the department. (Added by Stats. 1990, Ch. 1196, Sec. 3. Operative July 1, 1991, by Sec. 4 of Ch. 1196.)
  151. 11408.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. )

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    The director and department can control registration service licenses, including granting, denying, suspending, revoking, canceling, and settling cases, with hearing and timing rules.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. ) ## 11408. (a) The director may issue an order to grant an unrestricted or a restricted license to act as a registration service, or an order to deny, suspend, revoke, or cancel a license to act as a registration service. (b) The order shall become final 30 days from issuance, unless the denied or restricted applicant or licensee files with the department a request for a hearing. Hearings shall be held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (c) Any registration service may be served with an accusation issued pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code by registered mail to the address of the principal place of business on file with the department, whether or not the business has been closed or terminated, unless the registration service has notified the department in writing of another address where service shall be made. (d) The department may, pending a hearing, temporarily suspend the license issued to a registration service for not more than 30 days if the director finds that action is required in the public interest. In that case, a hearing shall be held and a decision issued within 30 days after notice of the temporary suspension or cancellation. (e) The director may, following the filing of a statement of issues or an accusation against an applicant or a registration service, with the consent of the applicant or licensee, enter into a compromise settlement agreement with a stipulated restriction or penalty whereby the applicant or licensee accepts the terms and conditions of the agreement without hearing or appeal by any party thereto. (1) The compromise settlement agreement may provide for a restricted license, special operating terms and conditions, a higher bond, a monetary penalty, or any other term or condition agreeable to the parties. (2) The compromise settlement agreement shall be signed by the respondent applicant or licensee, the director, and the accuser, or their authorized representatives, and filed with the Office of Administrative Hearings, together with the department’s notice of withdrawal of the statement of issues or the accusation upon which the action was initiated. (3) A failure of the respondent applicant or licensee to carry out a compromise settlement agreement entered into under this section is a separate cause to refuse to issue, or to suspend, revoke, or cancel, any license authorizing the respondent to act as a registration service. (f) Any person whose license to act as a registration service was suspended for cause and the terms of the suspension are unfulfilled, or whose license was revoked for cause, may reapply for a license to act as a registration service after not less than one year from the effective date of the suspension or revocation action. (g) The issuance of a new license to that person is within the sole discretion of the department, and a hearing regarding that issuance shall be held only upon the consent of the director. (Added by Stats. 1990, Ch. 1196, Sec. 3. Operative July 1, 1991, by Sec. 4 of Ch. 1196.)
  152. 11409.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. )

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    This section sets the fees for registration service licenses: $150 for an original license or ownership-change reapplication, $15 for annual renewal, and $70 for certain license alterations.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. ) ## 11409. The fee for a license issued to a registration service is as follows: (a) For the original license, or an ownership change which requires a new application, one hundred fifty dollars ($150), which is nonrefundable. (b) For the annual renewal of a license, fifteen dollars ($15). (c) For the alteration of an existing license required by a name change, address change, change in corporate officer structure, or the addition of a branch location, seventy dollars ($70). (Added by Stats. 1990, Ch. 1196, Sec. 3. Operative July 1, 1991, by Sec. 4 of Ch. 1196.)
  153. 11410.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. )

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    License renewals must be filed before expiration, or within a 30-day grace period after expiration with extra fees.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. ) ## 11410. (a) Every license issued under this chapter is valid for a period of one year from the last day of the month of issuance. Except as provided in subdivision (c), renewal of the license for the ensuing year may be obtained by the person to whom the license was issued upon application to the department and payment of the fee required by Section 11409. (b) An application for the renewal of a license shall be made by the licensee not more than 90 days prior to the expiration date and shall be made by presenting the completed application form provided by the department and by payment of the renewal fee. (c) If the application for renewal of the license is not made by midnight of the expiration date, the application may be made within 30 days following expiration of the license by paying the annual renewal fee and a penalty fee equal to the amount of the original application fee for each license held. (d) A licensee shall not renew the license after the expiration of the 30-day period specified in subdivision (c). (Amended by Stats. 2008, Ch. 179, Sec. 218. Effective January 1, 2009.)
  154. 11411.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. )

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    If a registration service stops operating, the owner must immediately notify the department and, if demanded, deliver the license, required records, customer transactions, and related fees or receipts.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. ) ## 11411. If a registration service ceases operation for any reason, the owner of the service immediately shall notify the department and, upon demand by the department, shall deliver to the department the registration service license, all records kept pursuant to Section 11406, and all customer transactions then in his or her possession, including any fees or receipts for fees due to the department or to the customer. (Added by Stats. 1992, Ch. 1243, Sec. 77. Effective September 30, 1992.)
  155. 11413.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. )

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    A registration service license being suspended, expired, or canceled does not stop an accusation from being filed to revoke or suspend that license.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2.5. Registration Services [11400 - 11413] ( Chapter 2.5 added by Stats. 1990, Ch. 1196, Sec. 3. ) ## 11413. The suspension, expiration, or cancellation of a registration service license provided for in this chapter shall not prevent the filing of an accusation for the revocation or suspension of the suspended, expired, or canceled license as provided in Section 11405 or 11408 or any related rules or regulations, and the department’s decision that the license should be suspended or revoked. That determination may be considered in granting or refusing to grant any subsequent license authorized by this division to that licensee or to a business representative of that prior licensee. (Added by Stats. 1998, Ch. 877, Sec. 47. Effective January 1, 1999.)
  156. 115.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “armored car.”

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 115. An “armored car” is a vehicle that is equipped with materials on either the front, sides, or rear for the protection of persons therein from missiles discharged from firearms. (Enacted by Stats. 1959, Ch. 3.)
  157. 11500.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    A person may not act as an automobile dismantler unless they have a compliant business location and the required license or temporary permit.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11500. (a) (1) It shall be unlawful for any person to act as an automobile dismantler without first having an established place of business that meets the requirements set forth in Section 11514 and without first having procured a license or temporary permit issued by the department, or when such license or temporary permit has been canceled, suspended, revoked, invalidated, expired, or the terms and conditions of an agreement effected pursuant to Section 11509.1 have not been fulfilled. A violation of this subdivision is a misdemeanor, and is subject to the penalties described in paragraph (2). (2) Notwithstanding Section 42002, a person convicted of a first violation of subdivision (a) for any reason other than described in paragraph (3) shall be punished by a fine of not less than two hundred fifty dollars ($250). A person convicted of a second separate violation of subdivision (a) for this reason shall be punished by a fine of not less than five hundred dollars ($500). A person convicted of a third or subsequent violation of subdivision (a) for this reason shall be punished by a fine of not less than one thousand dollars ($1,000). (3) A person who violates subdivision (a) due to possessing nine or more catalytic converters that have been cut from a vehicle pursuant to Section 220 is, for a first violation, guilty of an infraction punishable by a fine of not more than one hundred dollars ($100). A person convicted of a second separate violation of subdivision (a) for this reason is guilty of a misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250). A person convicted of a third separate violation of subdivision (a) for this reason is guilty of a misdemeanor punishable by a fine of not less than five hundred dollars ($500). A person convicted of a fourth or subsequent violation of subdivision (a) for this reason is guilty of a misdemeanor and shall be punished by a fine of not less than one thousand dollars ($1,000). (b) (1) A building or place used for the purpose of automobile dismantling in violation of subdivision (a) is a public nuisance subject to being enjoined, abated, and prevented, and for which damages may be recovered by any public body or officer. (2) As used in this section, “public body” means any state agency, county, city, district, or any other political subdivision of the state. (Amended by Stats. 2024, Ch. 495, Sec. 14. (SB 1518) Effective January 1, 2025.)
  158. 11501.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    Automobile dismantlers must apply to the department on the proper form for a license with a general distinguishing number, and must submit proof of bona fide dismantler status when reasonably required.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11501. Every automobile dismantler shall make application to the department upon the appropriate form for a license containing a general distinguishing number. The applicant shall submit proof of his status as a bona fide automobile dismantler as may reasonably be required by the department. (Amended by Stats. 1975, Ch. 182.)
  159. 11502.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    The department has the power and duty to issue licenses, and may refuse a license for reasonable cause or if the applicant does not meet the code’s requirements for automobile dismantling businesses.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11502. The department shall have the power and duty to issue and for reasonable cause shown to refuse to issue a license. The department may refuse to any applicant therefor a license provided for herein, if such applicant does not meet the requirements of the terms and provisions of this code relating to the conduct of an automobile dismantling business. (Amended by Stats. 1975, Ch. 182.)
  160. 11503.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    The department may refuse to issue a license to an applicant if one of several listed disqualifying conditions is found.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11503. The department may refuse to issue a license to an applicant when it determines any of the following: (a) The applicant was previously the holder, or a managerial employee of the holder, of a license issued under this chapter which was revoked for cause and never reissued by the department, or which was suspended for cause and the terms of suspension have not been fulfilled. (b) The applicant was previously a business representative whose license issued under this chapter was revoked for cause and never reissued or was suspended for cause and the terms of suspension have not been fulfilled. (c) If the applicant is a business, a business representative was previously the holder of a license, or was a business representative of a business whose license, issued under this chapter was revoked for cause and never reissued or was suspended for cause and the terms of suspension have not been fulfilled; or, by reason of the facts and circumstances related to the organization, control, and management of the business, the operation of that business will be directed, controlled, or managed by individuals who, by reason of their conviction of violations of this code, would be ineligible for a license and, by licensing that business, the purposes of this chapter would be defeated. (d) The applicant, or a business representative if the applicant is a business, has been convicted of a crime or has committed any act or engaged in conduct involving moral turpitude which is substantially related to the qualifications, functions, or duties of the licensed activity. A conviction after a plea of nolo contendere is a conviction within the meaning of this section. (e) The applicant was previously the holder of an occupational license issued by another state, authorizing the same or similar activities of a license issued under this division; and that license was revoked or suspended for cause and was never reissued, or was suspended for cause, and the terms of suspension have not been fulfilled. (f) The information contained in an application is incorrect. (g) A decision of the department to cancel, suspend, or revoke a license has been made, and the applicant was a business representative of the business regulated under that license. (Amended by Stats. 1998, Ch. 877, Sec. 48. Effective January 1, 1999.)
  161. 11503.1.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    If a chapter-listed ground would justify suspending or revoking an automobile dismantler license, it can also justify refusing to issue the license.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11503.1. Any of the causes specified in this chapter as a cause to suspend or revoke the license issued to an automobile dismantler is cause to refuse to issue a license to an automobile dismantler. (Amended by Stats. 1990, Ch. 1563, Sec. 28.)
  162. 11503.5.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    The department may temporarily refuse to issue or suspend an automobile dismantler license after notice and hearing if the applicant, licensee, or a business representative has a qualifying conviction that is not yet final.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11503.5. (a) The department, after notice and hearing, on an interim basis, may refuse to issue or may suspend a license issued under this chapter when the applicant or licensee, or a business representative if the applicant or licensee is a business, has been convicted of a crime involving moral turpitude which is substantially related to the qualifications, functions, or duties of the licensed activity, if an appeal of the conviction is pending or the conviction has otherwise not become final. A conviction after a plea of nolo contendere is a conviction within the meaning of this section. (b) When a conviction, upon which an interim refusal to issue or suspension under subdivision (a) is based, is affirmed on appeal or otherwise becomes final, the refusal to issue or suspension shall automatically take effect as a denial or revocation, as the case may be, of the license. If the interim refusal to issue or suspension was stayed under probationary terms and conditions, the subsequent automatic denial or revocation shall also be stayed under the same terms and conditions for a term not to exceed the original term of probation for the interim refusal or suspension. (c) If a conviction, upon which an interim refusal to issue or suspension under subdivision (a) is based, is reversed on appeal, the refusal or suspension shall be set aside immediately by the department. (Added by Stats. 1990, Ch. 1563, Sec. 29.)
  163. 11504.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    Applicants for certain automobile dismantler licenses must file the department’s application forms and provide required information; the department must investigate applications within 120 days, and licensees must report ownership or corporate changes within 10 days.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11504. (a) An applicant who applies for a license pursuant to Section 11501 shall submit an application to the department on the forms prescribed by the department. The applicant shall provide the department with information as to the applicant’s character, honesty, integrity, and reputation, as the department may consider necessary. The department, by regulation, shall prescribe what information is required of the applicant for the purposes of this subdivision, and the applicant shall provide that information under penalty of perjury. In addition to any other information required by the department, the department shall require the applicant to furnish all of the following information on any application for a new license or the renewal of a license, if the applicant is required by other provisions of law to have the following permits, numbers, or plan: (1) Board of Equalization resale permit number. (2) Identification number issued by the California Environmental Protection Agency. (3) A statement indicating that the applicant has either filed an application for a stormwater permit or is not required to obtain a stormwater permit. (4) A statement indicating that the applicant has either filed a hazardous materials business plan or is not required to file that plan. (5) The tax identification number assigned by the Franchise Tax Board. (b) Upon receipt of an application for a new license that is accompanied by the appropriate fee, the department shall, not later than 120 days from the receipt of that application, make a thorough investigation of all of the information contained in the application. (c) (1) Upon receipt of an application for renewal of a license that is accompanied by the appropriate fee, the department shall, not later than 120 days from the receipt of that application, make a thorough investigation of the information contained in the application, except the information specified in paragraphs (1) to (5), inclusive, of subdivision (a). (2) As of January 1, 2011, upon receipt of an application for the renewal of a license that is accompanied by the appropriate fee, the department shall, not later than 120 days from the receipt of that application, make a thorough investigation of all of the information contained in the application. (d) A person holding a license issued pursuant to Section 11501 shall notify the department, within 10 days, of any change in the ownership or corporate structure of the licensee. (Amended by Stats. 2009, Ch. 475, Sec. 1. (AB 805) Effective January 1, 2010.)
  164. 11505.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    The department must issue a license with the applicant’s name, address, and general distinguishing number, and must issue special plates after a license is issued.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11505. (a) The department, upon granting a license shall issue to the applicant a license containing the applicant’s name and address and the general distinguishing number assigned to the applicant. (b) When the department has issued a license pursuant to subdivision (a), the licensee may apply for and the department shall issue special plates which shall have displayed thereon the general distinguishing number assigned to the applicant. Each plate so issued shall also contain a number or symbol identifying the plate from every other plate bearing a like general distinguishing number. (c) The department shall also furnish books and forms as it may determine necessary, which books and forms are and shall remain the property of the department and may be taken up at any time for inspection. (Amended by Stats. 1975, Ch. 182.)
  165. 11506.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    The department may issue a license for automobile dismantlers with conditions attached, unless the code requires the license to be refused.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11506. Except where the provisions of this code require the refusal to issue a license, the department may issue a license restricted by conditions to be observed in the exercise of the privilege granted. The terms and conditions to be attached to the exercise of the privilege under such restricted license shall be such as may, in the judgment of the department, be in the public interest and suitable to the qualifications of the applicant as disclosed by the application and investigation by the department. (Amended by Stats. 1975, Ch. 182.)
  166. 11507.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    The department may issue a temporary permit to an automobile dismantler license applicant, and may cancel it in specified circumstances.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11507. Pending the satisfaction of the department that the applicant has met the requirements under this code, it may issue a temporary permit to any person applying for an automobile dismantler license. The temporary permit shall permit the operation by the automobile dismantler for a period not to exceed 120 days while the department is completing its investigation and determination of all facts relative to the qualification of the applicant to such license. The department may cancel such temporary permit when it has determined or has reasonable cause to believe that the application is incorrect or incomplete or the temporary permit was issued in error. Such temporary permit shall be invalid when canceled or when the applicant’s license has been issued or refused. (Amended by Stats. 1975, Ch. 182.)
  167. 11508.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    Occupational licenses and special plates under this chapter are valid for one year, and renewals must follow the stated application and fee rules.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11508. (a) Every occupational license and special plate issued under this chapter shall be valid for a period of one year from midnight of the last day of the month of issuance. Renewal of the occupational license and special plates for the ensuing year may be obtained by the person to whom any plates and license were issued upon application to the department and payment of the fee provided in this code. (b) Except as provided in subdivision (c), every application for the renewal of an occupational license and special plates which expire pursuant to this section shall be made by the person to whom issued not more than 90 days prior to the expiration date, and shall be made by presenting the completed application form provided by the department and by payment of the full annual renewal fee for the occupational license and special plates. (c) If the application for renewal of the occupational license and special plates is not made by midnight of the expiration date, the application may be made within 30 days following expiration of the license by paying the annual renewal fee and a penalty fee equal to the amount of the original application fee for each occupational license held. A penalty as specified in Sections 9553 and 9554 shall also be added to each special plate renewed during the 30-day period following expiration of the special plates. (d) In no event may the licensee renew the occupational license or special plates after the expiration of the 30-day period authorized in subdivision (c). (Amended by Stats. 1984, Ch. 499, Sec. 10.)
  168. 11509.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    The department may suspend or revoke an automobile dismantler’s license after notice and hearing if the holder is not lawfully entitled to it or commits listed violations. A dismantler must pay undisputed fees or penalties within 30 days after written demand, unless the amount is disputed.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11509. (a) The department, after notice and hearing, may suspend or revoke the license issued to an automobile dismantler upon the determination that the person to whom the license was issued is not lawfully entitled thereto or has done any of the following: (1) Made or knowingly or negligently permitted any illegal use of the special plates issued to him or her. (2) Used a false or fictitious name or knowingly made any false statement or concealed any material fact in any application or other document filed with the department. (3) Failed to provide and maintain a clear physical division between the type of business licensed pursuant to this chapter and any other type of business conducted at the established place of business. (4) Violated any provision of Division 3 (commencing with Section 4000) or any rule or regulation adopted pursuant thereto. (5) Violated any provision of Division 4 (commencing with Section 10500) or any rule or regulation adopted pursuant thereto. (6) Violated any provision of this chapter, except Section 11520, or any rule or regulation adopted pursuant thereto. (7) Knowingly, repeatedly, or flagrantly violated Section 11520. (8) Violated any provision of Part 5 (commencing with Section 10701) of Division 2 of the Revenue and Taxation Code or any rule or regulation adopted pursuant thereto. (9) Purchased, concealed, possessed, or otherwise acquired or disposed of a vehicle, or a part thereof, knowing it to be stolen. (10) Failed to meet and maintain the requirements for the issuance of an automobile dismantler’s license as provided in this code. (11) Failed to pay, within 30 days after written demand from the department, any fees or penalties due on vehicles acquired for dismantling which are not the subject of dispute. If the dismantler disputes the validity of the fees or penalties, the 30-day period shall not commence until the department, after review, has determined the fee or penalty to be due. (12) Submitted a check, draft, or money order to the department for any obligation or fees due the state, and it is thereafter dishonored or refused payment upon presentation. (13) Failed to meet the terms and conditions of a previous agreement entered into pursuant to Section 11509.1. (b) Any of the causes specified in this chapter as a cause for refusal to issue a license to an automobile dismantler applicant is cause, after notice and hearing, to suspend or revoke a license and special plates issued to an automobile dismantler. (c) Except as provided in Section 11509.1, every hearing provided for in this chapter shall be held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1990, Ch. 1563, Sec. 30.)
  169. 11509.1.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    After an accusation is filed, the director may settle with the licensee by agreement, and the agreement can include probation or monetary penalties.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11509.1. (a) After the filing of an accusation under this chapter, the director may enter into a stipulated compromise settlement agreement with the consent of the licensee on terms and conditions mutually agreeable to the director, the respondent licensee, and the accuser without further hearing or appeal. The agreement may include, but is not limited to, a period of probation or monetary penalties, or both. The monetary penalty shall not exceed one thousand dollars ($1,000) for each violation, and it shall be based on the nature of the violation and the effect of the violation on the purposes of this chapter. (b) A compromise settlement agreement may be entered before, during, or after the hearing, but is valid only if executed and filed pursuant to subdivision (d) before the proposed decision of the hearing officer, if any, is adopted or the case is decided. (c) The department shall adopt, by regulation, a schedule of maximum and minimum amounts of monetary penalties, the payment of which may be included as a term or condition of a compromise settlement agreement entered under subdivision (a). Any monetary penalty included in a compromise settlement agreement shall be within the range of monetary penalties in that schedule. (d) Any compromise settlement agreement entered under this section shall be signed by the director, the respondent licensee, and the accuser, or by their authorized representatives. The director shall file, or cause to be filed, the agreement with the Office of Administrative Hearings, together with the department’s notice of withdrawal of the accusation or statement of issues upon which the action was initiated. (e) If the respondent licensee fails to perform all of the terms and conditions of the compromise settlement agreement, the agreement is void and the department may take any action authorized by law notwithstanding the agreement, including, but not limited to, refiling the accusation or imposing license sanctions. (Repealed and added by Stats. 1985, Ch. 1022, Sec. 16.)
  170. 11509.5.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    A revoked or denied automobile dismantler license applicant may reapply after at least one year, with an earlier reapplication allowed for certain grounds if the department gets satisfactory evidence that those grounds no longer exist.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11509.5. A person whose automobile dismantler’s license has been revoked or whose application for a license has been denied may reapply for such license after a period of not less than one year has elapsed from the effective date of the decision revoking the license or denying the application; provided, however, that if such decision was based upon paragraph (3), (9), or (10) of subdivision (a) of Section 11509, or Section 11513, an earlier reapplication may be made accompanied by evidence satisfactory to the department that such grounds no longer exist. (Amended by Stats. 1979, Ch. 373.)
  171. 11510.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    The department may temporarily suspend an automobile dismantler’s license and special plates for up to 30 days, pending a hearing, if the director finds it is required in the public interest.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11510. The department may, pending a hearing, temporarily suspend the license and special plates issued to an automobile dismantler for a period not to exceed 30 days if the director finds that such action is required in the public interest. In any such case a hearing shall be held and a decision thereon issued within 30 days after notice of temporary suspension. Every hearing as provided for in this section shall be pursuant to the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1971, Ch. 1214.)
  172. 11511.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    In license revocation or suspension cases for an automobile dismantler, certain evidence creates a rebuttable presumption against the dismantler.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11511. In any administrative action to revoke or suspend an automobile dismantler’s license: (a) Proof that a stolen vehicle of a type subject to registration under this code, or a part thereof, was found in the possession of, or upon the premises of, the dismantler shall constitute in evidence a prima facie presumption that the dismantler had knowledge that the vehicle was stolen. This presumption may be rebutted by satisfactory evidence that the dismantler has complied with paragraphs (1), (2), (3), and (5) of subdivision (a) of Section 11520. (b) Proof that a vehicle of a type subject to registration under this code is found in a partially dismantled condition in the possession of, or upon the premises of, the dismantler shall constitute in evidence a prima facie presumption that the vehicle was partially dismantled by the dismantler. The presumption may be rebutted by a business record of the dismantler reflecting the partially dismantled condition of the vehicle on the date of acquisition. (Amended by Stats. 1982, Ch. 466, Sec. 109.)
  173. 11512.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    If the department refuses to issue a license to an automobile dismantler, the applicant may demand a written hearing before the director or the director’s representative within 60 days after notice of refusal.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11512. (a) Upon refusal of the department to issue a license to an automobile dismantler the applicant shall be entitled to demand in writing a hearing before the director or his representative within 60 days after notice of refusal. (b) The hearing shall be conducted pursuant to the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1975, Ch. 182.)
  174. 11513.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    The department cannot issue an automobile dismantler’s license unless the applicant has an established place of business. A licensed dismantler must immediately notify the department when the business location changes or when the dismantler no longer possesses the established place of business, and must turn over the license and related books and forms on demand.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11513. (a) The department shall not issue an automobile dismantler’s license to any applicant for that license who has not an established place of business as defined in this code. If the automobile dismantler changes the site or location of his or her established place of business, he or she shall immediately upon making the change notify the department. If the automobile dismantler, for any reason ceases to be in possession of an established place of business from and on which he or she conducts the business for which he or she is licensed, he or she shall immediately notify the department and, upon demand by the department, shall deliver to the department the automobile dismantler’s license, and all books and forms provided by the department in his or her possession. (b) Any person licensed under this chapter who has closed his or her established place of business may be served with process issued pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code by registered mail at that place of business, unless the person has notified the department in writing of another address where service may be made. (Amended by Stats. 1988, Ch. 751, Sec. 5.)
  175. 11514.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    Automobile dismantlers must post the department license and required business signage at each site, with minimum sign size and lettering requirements. Local authorities may allow smaller signs, but they cannot require a sign smaller than four square feet per side.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11514. (a) An automobile dismantler’s established place of business and such other sites or locations as may be operated and maintained by such automobile dismantler in conjunction with his principal established place of business shall have posted, in a place conspicuous to the public in each and every site or location, the license issued by the department and shall have erected or posted thereon such signs or devices providing information relating to the automobile dismantler’s name and the location and address of his established place of business so as to enable any person doing business with such automobile dismantler to identify him properly. Every such sign erected or posted on an established place of business shall have an area of not less than 32 square feet per side displayed and shall contain lettering not less than six inches in height. The sign shall indicate the nature of the dismantler’s business by inclusion of “Automobile Dismantler”, “Automobile Wrecker”, “Motorcycle Dismantler”, “Trailer Dismantler”, “Vehicle Dismantler”, or a combination of such designations on such sign. (b) Any local authority may provide for a sign and lettering smaller than that specified in subdivision (a); however, no local authority shall require a sign to have an area of less than four square feet per side displayed. (Amended by Stats. 1977, Ch. 579.)
  176. 11515.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    This section requires certain people to send ownership papers, plates, and a $15 fee to the department for total loss salvage vehicles, and it requires salvage certificates before sale or disposal in some cases.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11515. (a) (1) Whenever an insurance company makes a total loss settlement on a total loss salvage vehicle, the insurance company, an occupational licensee of the department authorized by the insurance company, or a salvage pool authorized by the insurance company, within 10 days from the settlement of the loss, shall forward the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department, the license plates, and a fee in the amount of fifteen dollars ($15), to the department. An occupational licensee of the department may submit a certificate of license plate destruction in lieu of the actual license plate. (2) If an insurance company, an occupational licensee of the department authorized by the insurance company, or a salvage pool authorized by the insurance company is unable to obtain the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department within 15 days following oral or written acceptance by the owner of an offer of an amount in settlement of a total loss, that insurance company, licensee, or salvage pool, on a form provided by the department and signed under penalty of perjury, may request the department to issue a salvage certificate for the vehicle. The request shall attest that the requester has attempted to obtain the certificate of ownership or other acceptable evidence of title, and shall include the license plates and fee described in paragraph (1). The attempt to obtain the certificate of ownership or other acceptable evidence of title shall be provided concurrently with the payment of the claim or by first-class mail, certificate of mailing, certified mail, other commercially available delivery service showing proof of delivery, or electronic mail. (3) The department, upon receipt of the certificate of ownership, other evidence of title, or properly executed request described in paragraph (2), the license plates, and the fee, shall issue a salvage certificate for the vehicle. (b) Whenever the owner of a total loss salvage vehicle retains possession of the vehicle, the insurance company shall notify the department of the retention on a form prescribed by the department. The insurance company shall also notify the insured or owner of the insured’s or owner’s responsibility to comply with this subdivision. The owner shall, within 10 days from the settlement of the loss, forward the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department, the license plates, and a fee in the amount of fifteen dollars ($15) to the department. The department, upon receipt of the certificate of ownership or other evidence of title, the license plates, and the fee, shall issue a salvage certificate for the vehicle. (c) Whenever a total loss salvage vehicle is not the subject of an insurance settlement, the owner shall, within 10 days from the loss, forward the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department, the license plates, and a fee in the amount of fifteen dollars ($15) to the department. (d) Whenever a total loss salvage vehicle is not the subject of an insurance settlement, a self-insurer, as defined in Section 16052, shall, within 10 days from the loss, forward the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department, the license plates, and a fee in the amount of fifteen dollars ($15) to the department. (e) Prior to the sale or disposal of a total loss salvage vehicle, the owner, owner’s agent, or salvage pool, shall obtain a properly endorsed salvage certificate and deliver it to the purchaser within 10 days after payment in full for the salvage vehicle and shall also comply with Section 5900. The department shall accept the endorsed salvage certificate in lieu of the certificate of ownership or other evidence of ownership when accompanied by an application and other documents and fees, including, but not limited to, the fees required by Section 9265, as may be required by the department. (f) This section does not apply to a vehicle that has been driven or taken without the consent of the owner thereof, until the vehicle has been recovered by the owner and only if the vehicle is a total loss salvage vehicle. (g) A violation of subdivision (a), (b), (d), or (e) is a misdemeanor, pursuant to Section 40000.11. Notwithstanding Section 40000.11, a violation of subdivision (c) is an infraction, except that, if committed with the intent to defraud, a violation of subdivision (c) is a misdemeanor. (h) (1) A salvage certificate issued pursuant to this section shall include a statement that the seller and subsequent sellers that transfer ownership of a total loss vehicle pursuant to a properly endorsed salvage certificate are required to disclose to the purchaser at, or prior to, the time of sale that the vehicle has been declared a total loss salvage vehicle. (2) Effective on and after the department includes in the salvage certificate form the statement described in paragraph (1), a seller who fails to make the disclosure described in paragraph (1) shall be subject to a civil penalty of not more than five hundred dollars ($500). (3) Nothing in this subdivision affects any other civil remedy provided by law, including, but not limited to, punitive damages. (Amended by Stats. 2022, Ch. 125, Sec. 1. (AB 2330) Effective January 1, 2023.)
  177. 11515.1.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    A salvage pool may sell a vehicle only with a salvage certificate or a nonrepairable vehicle certificate, unless a specified exception allows sale with a certificate of title.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11515.1. A salvage pool shall sell a vehicle only with either of the following: (a) A salvage certificate, except those vehicles described in subdivision (f) of Section 11515, which may be sold with a certificate of title. (b) A nonrepairable vehicle certificate, except those vehicles described in subdivision (f) of Section 11515.2, which may be sold with a certificate of title. (Amended by Stats. 1994, Ch. 1008, Sec. 13. Effective January 1, 1995. Operative July 1, 1995, by Sec. 19 of Ch. 1008.)
  178. 11515.2.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    This section sets steps and deadlines for getting a nonrepairable vehicle certificate and surrendering title, plates, and fees in certain total-loss or non-insurance situations.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11515.2. (a) (1) If an insurance company makes a total loss settlement on a nonrepairable vehicle and takes possession of that vehicle, either itself or through an agent, the insurance company, an occupational licensee of the department authorized by the insurance company, or a salvage pool authorized by the insurance company, shall, within 10 days after receipt of title by the insurer, free and clear of all liens, forward the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department, the license plates, and a fee in the amount of fifteen dollars ($15) to the department. An occupational licensee of the department may submit a certificate of license plate destruction in lieu of the actual license plate. The department, upon receipt of the certificate of ownership or other evidence of title, the license plates, and the fee, shall issue a nonrepairable vehicle certificate for the vehicle. (2) If an insurance company, an occupational licensee of the department authorized by the insurance company, or a salvage pool authorized by the insurance company is unable to obtain the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department within 15 days following oral or written acceptance by the owner of an offer of an amount in settlement of a total loss, that insurance company, licensee, or salvage pool, on a form provided by the department and signed under penalty of perjury, may request the department to issue a nonrepairable vehicle certificate for the vehicle. The request shall attest that the requester has attempted to obtain the certificate of ownership or other acceptable evidence of title, and shall include the license plates and fee described in paragraph (1). The attempt to obtain the certificate of ownership or other acceptable evidence of title shall be submitted concurrently with the payment of the claim or by first-class mail, certificate of mailing, certified mail, other commercially available delivery service showing proof of delivery, or electronic mail. (3) The department, upon receipt of the certificate of ownership, other evidence of title, or properly executed request described in paragraph (2), the license plates, and the fee, shall issue a nonrepairable vehicle certificate for the vehicle. (b) If the owner of a nonrepairable vehicle retains possession of the vehicle, the insurance company shall notify the department of the retention on a form prescribed by the department. The insurance company shall also notify the insured or owner of the insured’s or owner’s responsibility to comply with this subdivision. The owner shall, within 10 days from the settlement of the loss, forward the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department, the license plates, and a fee in the amount of fifteen dollars ($15) to the department. The department, upon receipt of the certificate of ownership or other evidence of title, the license plates, and the fee, shall issue a nonrepairable vehicle certificate for the vehicle. (c) If a nonrepairable vehicle is not the subject of an insurance settlement, the owner shall, within 10 days from the loss, forward the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department, the license plates, and a fee in the amount of fifteen dollars ($15) to the department. (d) If a nonrepairable vehicle is not the subject of an insurance settlement, a self-insurer, as defined in Section 16052, shall, within 10 days of the loss, forward the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department, the license plates, and a fee in the amount of fifteen dollars ($15) to the department. (e) Prior to sale or disposal of a nonrepairable vehicle, the owner, owner’s agent, or salvage pool shall obtain a properly endorsed nonrepairable vehicle certificate and deliver it to the purchaser within 10 days after payment in full for the nonrepairable vehicle and shall also comply with Section 5900. The department shall accept the endorsed nonrepairable vehicle certificate in lieu of the certificate of ownership or other evidence of ownership when accompanied by an application and other documents and fees, including, but not limited to, the fees required by Section 9265, as may be required by the department. (f) This section does not apply to a vehicle that has been driven or taken without the consent of the owner thereof, until the vehicle has been recovered by the owner and only if the vehicle is a nonrepairable vehicle. (g) A nonrepairable vehicle certificate shall be conspicuously labeled with the words “NONREPAIRABLE VEHICLE” across the front of the certificate. (h) A violation of subdivision (a), (b), (d), or (e) is a misdemeanor, pursuant to Section 40000.11. Notwithstanding Section 40000.11, a violation of subdivision (c) is an infraction, except that, if committed with intent to defraud, a violation of subdivision (c) is a misdemeanor. (Amended by Stats. 2022, Ch. 125, Sec. 2. (AB 2330) Effective January 1, 2023.)
  179. 11515.3.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    This section sets notice and recordkeeping steps for a salvage pool or occupational licensee handling a total-loss vehicle, and it allows the department to issue a salvage or nonrepairable certificate in some cases.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11515.3. (a) If an insurance company requests a salvage pool authorized by the insurance company or an occupational licensee of the department authorized by the insurance company to take possession of a vehicle that is the subject of a total loss claim, and, subsequently, the insurance company does not take ownership of the vehicle, the insurance company may direct the salvage pool or occupational licensee of the department to release the vehicle to the registered and legal owner or lienholder of the vehicle. The insurance company shall provide the salvage pool or occupational licensee of the department with notice authorizing the release of the vehicle to the vehicle’s registered and legal owner or lienholder. This notice may be sent by mail, electronic mail, or a proprietary electronic system accessed by both the insurance company and the salvage pool or occupational licensee of the department. (b) Upon receiving notice from an insurance company pursuant to subdivision (a), the salvage pool or occupational licensee of the department shall send two notices to the registered and legal owner and any lienholder of the vehicle informing the registered and legal owner and lienholder that the vehicle is available to pick up and will be sold or otherwise disposed of if no response is received. The notice shall inform the owner and any lienholder that the registered and legal owner and lienholder has 30 days from the date of mailing of the first notice and 14 days from the date of mailing of the second notice to pick up the vehicle from the salvage pool or occupational licensee of the department before the vehicle is deemed abandoned. The notice shall also inform the registered and legal owner and any lienholder of their right to contact the salvage pool or occupational licensee of the department regarding their intent to pick up the vehicle in order to receive an additional 30 days from the date of contact to pick up the vehicle before the vehicle is deemed abandoned. Notice under this subdivision shall be sent by certified mail or by another commercially available delivery service providing proof of delivery to the address on record with the department and any other known address, or for vehicles last registered in another jurisdiction, to the address on record with that jurisdiction and any other known address. (c) If the registered and legal owner or any lienholder contacts the salvage pool or occupational licensee of the department regarding their intent to pick up the vehicle within the time periods described in subdivision (b), the salvage pool or occupational licensee shall give the registered and legal owner or any lienholder an additional 30 days from the date of contact to pick up the vehicle before the vehicle is deemed abandoned. (d) If the registered and legal owner or any lienholder of the vehicle does not pick up the vehicle within 30 days after the date of mailing of the first notice, and within 14 days after the date of mailing of the second notice, as described in subdivision (b), or within 30 days from the date of contact with the salvage pool or occupational licensee of the department, as described in subdivision (c), the vehicle shall be deemed abandoned, the vehicle’s certificate of title is deemed to be assigned to the salvage pool or occupational licensee of the department. (e) The salvage pool or occupational licensee of the department, without surrendering the certificate of title, may request, on a form provided by the department and signed under penalty of perjury, that the department issue a salvage certificate or nonrepairable vehicle certificate that is free and clear of all liens for the vehicle. The request shall be accompanied by an attestation and certification that the insurance company did not take ownership of the vehicle and directed the release of the vehicle to the registered and legal owner or lienholder, an attestation and certification of delivery of the notices required pursuant to subdivision (b) or that the notices were returned undeliverable after the notices were sent to the registered and legal owner and any lienholder, as required pursuant to subdivision (b), the license plates for the vehicle, and the fee required by subdivision (c) of Section 11515 for a salvage vehicle or the fee required by subdivision (c) of Section 11515.2 for a nonrepairable vehicle. Notwithstanding any outstanding liens against the vehicle, the department shall issue a salvage certificate or nonrepairable vehicle certificate that is free and clear of all liens for the vehicle to the salvage pool or occupational licensee of the department in possession of the vehicle. An occupational licensee of the department may submit a certificate of license plate destruction in lieu of the actual license plate. (f) The salvage pool or occupational licensee of the department shall maintain an accurate record of every vehicle it acquires and disposes of pursuant to this section. The records shall be maintained for two years and be open for inspection by any peace officer during the regular business hours of that salvage pool or occupational licensee of the department. The records shall include, but not be limited to, copies of the notices sent to the registered and legal owner and any lienholder of the vehicle and proof of delivery of the notices as specified in subdivision (b). (Added by Stats. 2024, Ch. 364, Sec. 1. (AB 1901) Effective January 1, 2025.)
  180. 11516.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    Automobile dismantlers may move certain registered vehicles on highways without registration or transfer if special plates are displayed and the move is only to their business or a scrap processor. Owners must keep the special-plate registration card or a copy with the vehicle. Work or service vehicles are excluded.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11516. (a) Any automobile dismantler owning or controlling any vehicle of a type otherwise required to be registered under this code, may operate or move the vehicle upon the highways without subjecting the vehicle to registration or transfer, or both, solely for the purpose of moving the vehicle from its location to the established place of business of the automobile dismantler or to a scrap processor, if there are displayed on the vehicle special plates issued to the automobile dismantler as provided in this chapter, in addition to other license plates or permits already assigned and attached to the vehicle in the manner prescribed in Article 9 (commencing with Section 5200) of Chapter 1 of Division 3. (b) The provisions of this section do not apply to work or service vehicles owned by an automobile dismantler. (c) Every owner, upon receipt of a registration card issued for special plates, shall maintain the registration card or a facsimile copy of it with the vehicle bearing the special plates. (Amended by Stats. 1994, Ch. 1220, Sec. 55. Effective September 30, 1994.)
  181. 11517.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    The department may issue a certificate of convenience for a deceased holder’s special plates and license, and may restrict or condition those licenses and plates.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11517. The department may issue a certificate of convenience to the executor, executrix, administrator or administratrix of the estate of a deceased holder of validly outstanding special plates and license issued under this chapter, or if no executor, executrix, administrator or administratrix had been appointed, and until a certified copy of an order making such appointment is filed with the department, to the widow or other heir otherwise entitled to conduct the business of the deceased, permitting such person to exercise the privileges granted by such special plates and license for a period of one year from and after the date of death, pending, but not later than, disposal of the business and qualifications of the vendor of the business or such surviving widow or heir for such special plates and license under the provisions of this chapter. The department may restrict or condition the license and special plates and attach to the exercise of the privileges thereunder such terms and conditions as in its judgment the protection of the public requires. (Amended by Stats. 1971, Ch. 1214.)
  182. 11518.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    Special plates and the license under this chapter are automatically canceled when listed events happen.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11518. The special plates and license provided for in this chapter shall be automatically canceled if any of the following occurs: (a) The abandonment of the established place of business of the automobile dismantler or the change thereof without notice to the department pursuant to Section 11513. (b) The voluntary or involuntary surrender for any cause by the licensee of the special plates and license, except that a surrender of the special plates and license, the cessation of business by the licensee, or the suspension or revocation of the corporate status of the licensee, does not preclude the filing of an accusation for revocation or suspension of the surrendered license as provided in Section 11509, and does not affect the department’s decision to suspend or revoke the license. The department’s decision to suspend or revoke the license may be considered in issuing or refusing to issue any subsequent license authorized by this division to that licensee or any business representative of that licensee. (c) When the person designated as the licensee has changed, except that the special plates issued to the original licensee may be transferred upon application as provided in Section 11501 and the newly designated licensee, as transferee, shall succeed to the privileges evidenced by the plates until their expiration. (d) The suspension or revocation of the corporate status of the licensee. (e) The suspension or revocation of the seller’s permit of the licensee by the State Board of Equalization. (Amended by Stats. 1990, Ch. 1563, Sec. 31.)
  183. 11519.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    A salvage or dismantled vehicle cannot be registered until required documents and certificates are submitted.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11519. (a) A vehicle that has been reported as a total loss salvage vehicle or dismantled vehicle may not be subsequently registered until there is submitted to the department all of the following: (1) The prescribed bill of sale. (2) An appropriate application. (3) A vehicle safety systems certificate of compliance issued pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code, except that a fleet owner of motor trucks of three or more axles that are more than 6,000 pounds unladen weight, and a fleet owner of truck tractors, may instead submit certification for their own rebuilt vehicle if the fleet owner operates an inspection and maintenance station licensed by the commissioner under subdivision (b) of Section 2525. (4) With respect to a motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, a valid certificate of compliance from a licensed motor vehicle pollution control device installation and inspection station indicating that the vehicle is properly equipped with a motor vehicle pollution control device that is in proper operating condition and is in compliance with Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code. (5) Any other documents or fees required under law. (b) The department may not register a vehicle that has been referred to the Department of the California Highway Patrol under subdivision (b) of Section 5505 or that has been selected for inspection by that department under subdivision (c) of that section, until the applicant for registration submits to the department a certification of inspection issued by the Department of the California Highway Patrol and all of the documents required under subdivision (a). (Amended by Stats. 2023, Ch. 681, Sec. 24. (AB 1263) Effective January 1, 2024.)
  184. 11520.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    A licensed automobile dismantler who takes possession of a vehicle for dismantling must send required notices, wait before dismantling, deliver ownership documents and plates on time, and keep a business record.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11520. (a) A licensed automobile dismantler who acquired, for the purpose of dismantling, actual possession, as a transferee, of a vehicle of a type subject to registration under this code shall do all of the following: (1) Within five calendar days, not including the day of acquisition, mail a notice of acquisition to the department at its headquarters. (2) Within five calendar days, not including the day of acquisition, mail a copy of the notice of acquisition to the Department of Justice at its headquarters. (3) Not begin dismantling until 10 calendar days have elapsed after mailing the notice of acquisition. In the alternative, dismantling may begin any time after the dismantler complies with paragraph (4). (4) Deliver to the department, within 90 calendar days of the date of acquisition, the documents evidencing ownership and the license plates last issued for the vehicle. Proof that a registered or certified letter of demand for the documents was sent within 90 days of the date of acquisition to the person from whom the vehicle was acquired may be substituted for documents that cannot otherwise be obtained. A certificate of license plate destruction, when authorized by the director, may be delivered in lieu of the license plates. (5) Maintain a business record of all vehicles acquired for dismantling. The record shall contain the name and address of the person from whom the vehicle was acquired; the date the vehicle was acquired; the license plate number last assigned to the vehicle; and a brief description of the vehicle, including its make, type, and the vehicle identification number used for registration purposes. The record required by this paragraph shall be a business record of the dismantler separate and distinct from the records maintained in those books and forms furnished by the department. (b) Paragraphs (1) and (2) of subdivision (a) do not apply to vehicles acquired pursuant to Section 11515, 11515.2, 22851.2, or 22851.3 of this code or Section 3071, 3072, or 3073 of the Civil Code. (c) Paragraphs (1), (2), (3), and (4) of subdivision (a) do not apply to a vehicle acquired from another person if the other person has already notified and cleared the vehicle for dismantling with the department pursuant to this code and a bill of sale has been executed to the dismantler that properly identifies the vehicle and contains evidence of clearance by the department, including, but not limited to, a dismantling report number, temporary receipt number, or other proof of compliance with this section. (Amended by Stats. 1997, Ch. 945, Sec. 15. Effective January 1, 1998.)
  185. 11521.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    An automobile dismantler advertiser must include the dismantler’s occupational license or permit number in the ad.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11521. No person required to be licensed as an automobile dismantler under this code shall advertise the services of an automobile dismantler without indicating in the advertisement the occupational license or permit number of the automobile dismantler as issued by the department. (Added by Stats. 1996, Ch. 265, Sec. 1. Effective January 1, 1997.)
  186. 11522.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    This chapter does not stop local governments from making ordinances about traffic in loose vehicle parts and vehicle accessories.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11522. The provisions of this chapter shall not prevent the local authorities of any city, city and county or county by ordinance, within the exercise of the police power of such city, city and county or county, from imposing local regulations with respect to traffic in loose vehicle parts and vehicle accessories. (Added by Stats. 1961, Ch. 1640.)
  187. 11540.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    A salvage pool must keep accurate records of vehicles and license plates, notify the department when a vehicle is disposed of, remove and submit license plates before disposing of certain covered vehicles, and keep plate records for two years open to inspection by peace officers during business hours.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11540. (a) A salvage pool shall maintain an accurate record of every vehicle it acquires and every vehicle it disposes of, and shall notify the department of the disposition of any vehicle pursuant to Section 5900. (b) Whenever a salvage pool acquires a total loss salvage vehicle, a nonrepairable vehicle, or a recovered stolen vehicle and the license plates on the vehicle have not been removed pursuant to subdivision (a) of Section 11515, subdivision (a) of Section 11515.2, subdivision (e) of Section 11515.3, or any other provision of law, the salvage pool shall, prior to disposing of that vehicle, remove and submit the license plates to the department. The salvage pool shall maintain an accurate record of every license plate it acquires and disposes of, which records shall be maintained for two years and be open for inspection by any peace officer during the regular business hours of that salvage pool. (Amended by Stats. 2024, Ch. 364, Sec. 2. (AB 1901) Effective January 1, 2025.)
  188. 11541.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. )

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    The department must administer and enforce all code provisions relating to salvage pools.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Automobile Dismantlers [11500 - 11541] ( Heading of Chapter 3 amended by Stats. 1963, Ch. 1106. ) ## 11541. The department shall administer and enforce all provisions of this code pertaining to salvage pools. This section shall become operative on July 1, 1987. (Added by Stats. 1986, Ch. 952, Sec. 5. Section operative July 1, 1987, by its own provisions.)
  189. 11600.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. )

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    A lessor-retailer may not sell a registrable vehicle at retail unless it has first obtained the required license or temporary permit, and it may not do so if that license or permit has been canceled, suspended, revoked, invalidated, or expired.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. ) ## 11600. It shall be unlawful for any lessor-retailer to make a retail sale of a vehicle of a type subject to registration without having first procured either a vehicle dealer license or a lessor-retailer license or temporary permit issued by the department or when such license or temporary permit issued by the department has been canceled, suspended, revoked, or invalidated or has expired. (Added by Stats. 1976, Ch. 1284.)
  190. 11601.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. )

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    Lessor-retailers who sell retail vehicles that must be registered must apply to the department for a license and provide proof of their bona fide lessor-retailer status when reasonably required.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. ) ## 11601. (a) Every lessor-retailer who sells at retail a vehicle of a type subject to registration shall make application to the department for a license. The applicant shall submit proof of his status as a bona fide lessor-retailer as may reasonably be required by the department. (b) An application shall be made for the principal place of business, and a separate branch office application shall be made for each branch office location of the licensee as shall be operated and maintained by the applicant in conjunction with the retail sale or sales of vehicles. (c) “Principal place of business,” for the purposes of this chapter, means the place designated by the lessor-retailer as the main business or office location in California whether or not retail sales are made from such location. (Added by Stats. 1976, Ch. 1284.)
  191. 11602.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. )

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    The department must provide license application forms and, when appropriate, require applicant information before issuing a license.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. ) ## 11602. (a) The department shall prescribe and provide forms to be used for application for licenses to be issued under the terms and provisions of this chapter and require of such applicants, where appropriate as a condition precedent to issuance of such license, such information, including but not limited to, fingerprints and personal history statements, touching on and concerning the applicant’s character, honesty, integrity and reputation as it may consider necessary; provided, however, that every application for a lessor-retailer license shall contain, in addition to such information that the department may require, a statement of the following facts: (1) The name and residence address of the applicant and the trade name, if any, under which he intends to conduct his business; and if the applicant be a partnership, the name and residence address of each member thereof, whether a limited or general partner, and the name under which the partnership business is to be conducted; and if the applicant be a corporation, the name of the corporation and the name and address of each of its principal officers and directors. (2) A complete description, including the city, town or village with the street and number, if any, of its principal place of business in California and such other and additional branch location or locations. (b) Upon receipt of an application accompanied with the appropriate fee, the department shall make a thorough investigation of the information contained in the application. (Added by Stats. 1976, Ch. 1284.)
  192. 11603.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. )

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    The department may issue a lessor-retailer license, and may refuse it for reasonable cause shown, for an applicant seeking a lessor-retailer license or branch office location.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. ) ## 11603. (a) The department may issue, or for reasonable cause shown, refuse to issue, a license to any applicant applying for a lessor-retailer license or branch office location. (b) The license shall contain the applicant’s name, location address and the general distinguishing number assigned to the applicant. (Added by Stats. 1976, Ch. 1284.)
  193. 11604.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. )

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    The department may refuse to issue a lessor-retailer license if the applicant meets one of several disqualifying conditions.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. ) ## 11604. The department may refuse to issue a lessor-retailer license when it makes any of the following determinations: (a) The applicant has outstanding an unsatisfied final court judgment rendered in connection with an activity licensed under the authority of this division. (b) The applicant was previously the holder, or a managerial employee of the holder, of a license issued under this division which was revoked for cause and never reissued by the department, or which was suspended for cause and the terms of suspension have not been fulfilled. (c) The applicant was previously a business representative whose license issued under this division was revoked for cause and never reissued or was suspended for cause and the terms of suspension have not been fulfilled. (d) If the applicant is a business, a business representative was previously the holder of a license, or was a business representative of a business whose license, issued under this division, was revoked for cause and never reissued or was suspended for cause and the terms of suspension have not been fulfilled; or, by reason of the facts and circumstances related to the organization, control, and management of the business, the operation of that business will be directed, controlled, or managed by individuals who, by reason of their conviction of violations of this code, would be ineligible for a license and, by licensing that business, the purposes of this chapter would be defeated. (e) The applicant, or a business representative if the applicant is a business, has been convicted of a crime or committed any act or engaged in conduct involving moral turpitude which is substantially related to the qualifications, functions, or duties of the licensed activity. A conviction after a plea of nolo contendere is a conviction within the meaning of this section. (f) The applicant was previously the holder of an occupational license issued by another state, authorizing the same or similar activities of a license issued under this division; and that license was revoked or suspended for cause and was never reissued, or was suspended for cause, and the terms of suspension have not been fulfilled. (g) The information contained in the application is incorrect. (h) A decision of the department to cancel, suspend, or revoke a license has been made, and the applicant was a business representative of the business regulated under that license. (i) The applicant does not have a principal place of business in California. (j) The applicant has failed to pay the full amount of a claim paid by the Consumer Motor Vehicle Recovery Corporation, plus interest at the rate of 10 percent per annum, as described in subdivision (i) of Section 11703. (Amended by Stats. 2007, Ch. 437, Sec. 3. Effective January 1, 2008.)
  194. 11604.1.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. )

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    Reasons that can suspend or revoke a lessor-retailer license also justify refusing to issue the license.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. ) ## 11604.1. Any cause specified in this chapter as a cause to suspend or revoke the license issued to a lessor-retailer is a cause to refuse to issue a license to a lessor-retailer. (Added by Stats. 1990, Ch. 1563, Sec. 33.)
  195. 11604.5.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. )

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    The department may temporarily refuse to issue or suspend a license after notice and hearing if the applicant, licensee, or a business representative has a qualifying conviction that is not yet final.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. ) ## 11604.5. (a) The department, after notice and hearing, on an interim basis, may refuse to issue or may suspend a license issued under this chapter when the applicant or licensee, or a business representative if the applicant or licensee is a business, has been convicted of a crime involving moral turpitude which is substantially related to the qualifications, functions, or duties of the licensed activity, if an appeal of the conviction is pending or the conviction has otherwise not become final. A conviction after a plea of nolo contendere is a conviction within the meaning of this section. (b) When a conviction, upon which an interim refusal to issue or suspension under subdivision (a) is based, is affirmed on appeal or otherwise becomes final, the refusal to issue or suspension shall automatically take effect as a denial or revocation, as the case may be, of the license. If the interim refusal to issue or suspension was stayed under probationary terms and conditions, the subsequent automatic denial or revocation shall also be stayed under the same terms and conditions for a term not to exceed the original term of probation for the interim refusal to issue or suspension. (c) If a conviction, upon which an interim refusal to issue or suspension under subdivision (a) is based, is reversed on appeal, the refusal or suspension shall be set aside immediately by the department. (Added by Stats. 1990, Ch. 1563, Sec. 34.)
  196. 11605.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. )

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    If a lessor-retailer license is refused, the applicant can demand a hearing in writing before the director or the director’s representative within 60 days after notice of refusal.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. ) ## 11605. (a) Upon refusal of the department to issue a license to a lessor-retailer, the applicant shall be entitled to demand in writing a hearing before the director or his representative within 60 days after notice of refusal. (b) The hearing shall be conducted pursuant to the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1976, Ch. 1284.)
  197. 11606.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. )

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    The department may issue a probationary license, unless the code requires refusing the license, and may attach conditions the licensee must follow.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. ) ## 11606. Except where the provisions of this code require the refusal to issue a license, the department may issue a probationary license subject to conditions to be observed by the licensee in the exercise of the privilege granted. The conditions to be attached to the exercise of the privilege shall not appear on the face of the license but shall be such as may, in the judgment of the department, be in the public interest and suitable to the qualifications of the applicant as disclosed by the application and investigation by the department of the information contained therein. (Added by Stats. 1976, Ch. 1284.)
  198. 11607.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. )

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    The department may issue a temporary permit for a lessor-retailer license application, let the applicant operate while it investigates, and cancel the permit in specified cases.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. ) ## 11607. Pending the satisfaction of the department that the applicant has met the requirements under this chapter, it may issue a temporary permit to any person applying for a lessor-retailer license or branch office location. The temporary permit shall permit the operation by the lessor-retailer while the department is completing its investigation and determination of all facts relative to the qualifications of the applicant to such license. The department may cancel such temporary permit when it has determined or has reasonable cause to believe that the application is incorrect or incomplete or the temporary permit was issued in error. Such temporary permit shall be invalid when canceled or when the applicant’s license has been issued or refused. (Amended by Stats. 2018, Ch. 198, Sec. 18. (AB 3246) Effective January 1, 2019.)
  199. 11608.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. )

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    The department may issue a certificate of convenience after a license holder dies, and it may also place conditions on that certificate or license.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. ) ## 11608. The department may issue a certificate of convenience to the executor, executrix, administrator or administratrix of the estate of a deceased holder of a valid license issued under this chapter, or if no executor, executrix, administrator or administratrix has been appointed, and until a certified copy of an order making such appointment is filed with the department, to the widow or other heir otherwise entitled to conduct the business of the deceased, permitting such person to exercise the privileges granted by such license for a period of one year from and after the date of death and necessary one-year renewals thereafter, pending, but not later than, disposal of the business and qualification of the vendee of the business or such surviving widow, heir or other persons for such license under the provisions of this chapter. The department may restrict or condition the license and attach to the exercise of the privileges thereunder such terms and conditions as in its judgment the protection of the public requires. (Added by Stats. 1976, Ch. 1284.)
  200. 11609.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. )

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    A lessor-retailer’s office location used with vehicle retail sales must publicly display the department-issued license and identifying signs or devices.

    ## Vehicle Code - VEH ## DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217] ( Division 5 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Lessor-Retailers [11600 - 11620] ( Chapter 3.5 added by Stats. 1976, Ch. 1284. ) ## 11609. Each office location operated and maintained by a lessor-retailer in conjunction with its retail sale of a vehicle or vehicles shall have posted in a place conspicuous to the public the license issued by the department to the lessor, and shall have erected or posted thereon such signs or devices providing information relating to the lessor-retailer’s name, the office location and the office address, to enable any person doing business with such lessor to identify him properly. (Added by Stats. 1976, Ch. 1284.)

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