PART 5. MOTOR CLUBS [12140. - 12311.]
Part 5 enacted by Stats. 1935, Ch. 145.
§§ 12140–12311 · 46 sections
CHAPTER 1. Definitions and Exemptions §§ 12140–12159 · 20 sections
- § 12140 This part shall not apply to any of the following: (a) A duly authorized attorney at law acting in the usual course of his profession. (b) An admitted insurer.…
- § 12141 Except where the context otherwise requires, the terms used in this part shall be given the meanings set forth in this chapter, but such meaning shall not,…
- § 12142 (a) Except as provided in subdivision (b), a motor club is a person, directly or indirectly engaged, either as principal or agent, in selling or offering for…
- § 12142.5 The commissioner shall adopt reasonable rules and regulations specifying the types of miscellaneous service permitted under subdivision (d) of Section 12140…
- § 12143 A club agent is a person other than the motor club itself, who acts or aids in any manner in the solicitation, delivery, or negotiation of any membership or…
- § 12144 Motor club service is the rendering or procuring of, or reimbursement for, any of the services defined in this chapter to any person in connection with the…
- § 12145 Towing service is the drafting or moving by a motor club of a motor vehicle from one place to another under other power than its own.
- § 12146 Emergency road service is the adjustment, repair or replacement by a motor club of the equipment, tires or mechanical parts of a motor vehicle so as to permit…
- § 12148 Discount service is an arrangement by a motor club resulting in giving special discounts, rebates or reductions of price on gasoline, oil, repairs, insurance,…
- § 12149 Financial service is an arrangement by a motor club whereby loans or other advances of money are made to holders of service contracts with any such club.
- § 12150 (a) Buying and selling service is an arrangement by a motor club whereby the holder of a service contract with a motor club is aided in any way in the purchase…
- § 12151 Theft service is an act by a motor club for the purpose of locating, identifying or recovering a stolen or missing motor vehicle owned or controlled by the…
- § 12152 Map service is the furnishing by a motor club of road maps without cost to holders of service contracts with any such club.
- § 12153 Travel service is the furnishing by a motor club of touring and travel aids and assistance, and may include any or all of the following: (a) Road maps, touring…
- § 12154 Claim adjustment service is an act by a motor club for the purpose of adjusting claims on behalf of the holder of a service contract with any such club, when…
- § 12155 License service is the rendering of assistance by a motor club to any person in obtaining: (a) Registration of a motor vehicle with the State. (b) A driver’s…
- § 12156 Insurance service is the selling or giving, with a service contract or as a result of membership in or affiliation with a motor club, of a policy of insurance…
- § 12157 Any act by a motor club for the purpose of rendering a service defined in this chapter constitutes such service, whether or not the service as defined is…
- § 12158 A service contract is a written agreement whereby any person promises for a consideration to render, furnish or procure motor club service for any other person.
- § 12159 Miscellaneous service means any other service which may be furnished and which augments or is incidental to any service performed by the club as authorized…
CHAPTER 2. Certificate of Authority §§ 12160–12170 · 15 sections
- § 12160 (a) A person shall not render or agree to render motor club service in this state without first obtaining from the commissioner a certificate of authority to…
- § 12161 Application for a certificate of authority shall be made on a form prescribed by the commissioner, accompanied by a filing fee of four thousand nine hundred…
- § 12162 The commissioner shall not issue a certificate of authority to any motor club until: (a) It files with him or her the following: (1) A formal application for…
- § 12162.5 All motor clubs applying for a certificate of authority to act as a motor club in this state shall demonstrate to the satisfaction of the commissioner that…
- § 12162.6 (a) A motor club holding a certificate of authority to act as a motor club granted prior to January 1, 1992, may continue to retain the certificate until July…
- § 12162.7 For purposes of this article, “liquid assets” means cash, cash equivalents, and marketable securities readily convertible into cash. Liquid assets also include…
- § 12162.8 If any portion of the audit report required by paragraph (1) of subdivision (b) of Section 12162.6 includes a qualified opinion as to the financial condition…
- § 12163 (a) The security required by subdivision (b) of Section 12162 shall thereafter be continuously maintained by a motor club in one of the forms prescribed.…
- § 12164 (a) The commissioner may revoke or suspend the certificate of authority of a motor club whenever, after a hearing in accordance with the procedure provided in…
- § 12165 Subject to the annual fee provisions herein, every certificate of authority issued or held under this part shall be for an indefinite term and, unless sooner…
- § 12166 Notwithstanding the preceding provisions for a certificate of authority of indefinite term, each holder of a certificate of authority under this chapter shall…
- § 12167 Qualification of a motor club for a certificate of authority under this part does not require prior qualification with the Secretary of State under the…
- § 12168 Annually on or before March 1 of each year, copies of any instruments making any changes in articles of incorporation, bylaws, and membership certificate or…
- § 12169 (a) Whenever the commissioner has reasonable cause to believe that a motor club is insolvent or is transacting its business in a fraudulent manner, he may…
- § 12170 Motor clubs certificated on the effective date of this chapter shall not be required to be recertificated, but thereafter shall be subject to the provisions of…
CHAPTER 3. The Service Contract §§ 12250–12256 · 7 sections
- § 12250 A service contract shall not be executed, issued or delivered in this State until the form thereof is approved in writing by the commissioner.
- § 12251 Every service contract executed, issued or delivered in this State shall be made in duplicate and shall be dated and signed by the motor club issuing it. Such…
- § 12252 A service contract shall not be executed, issued or delivered in this State unless it contains the following: (a) The exact corporate or other name of the…
- § 12253 A person shall not solicit or aid in the solicitation of another person to purchase a service contract issued by a club not having a certificate of authority…
- § 12254 A club or an officer or agent thereof shall not in any manner misrepresent the terms, benefits or privileges of any service contract issued or to be issued by…
- § 12255 Any service contract made, issued or delivered contrary to any provision of this part shall nevertheless be valid and binding on the club.
- § 12256 Any motor club may elect not to execute, issue, or deliver service contracts in this state. A club may distribute brochures, prospectuses, or advertisements…
CHAPTER 4. Agents §§ 12280–12281 · 3 sections
- § 12280 A club agent doing business in this State shall not execute, issue or deliver any service contract to any person owning or operating motor vehicles without…
- § 12280.2 (a) The fee for filing application for license as motor club agent is eighty-five dollars ($85). (b) Property broker-agents, casualty broker-agents, personal…
- § 12281 Without first obtaining such license, a club agent shall not collect or receive from any person, in advance of the execution, issuance or delivery of any such…
CHAPTER 5. Penalties § 12311 · 1 section
- § 12311 Any person violating any provisions of this part is guilty of a misdemeanor.