DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100. - 12217.]
Division 5 enacted by Stats. 1959, Ch. 3.
§§ 11100–12217 · 306 sections
CHAPTER 1. Driving Schools and Driving Instructors §§ 11100–11114 · 39 sections
- § 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…
- § 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…
- § 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…
- § 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.…
- § 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…
- § 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…
- § 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…
- § 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…
- § 11103 A driving school owner and an independent instructor licensed under Section 11105.5 shall maintain bodily injury and property damage liability insurance on…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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)…
- § 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…
- § 11109 Every licensee under this chapter shall maintain all vehicles used in driver training in safe mechanical condition at all times.
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 11113 (a) The director may prescribe rules and regulations for driving schools regarding the conduct of courses of driver education and driver training, including…
- § 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…
- § 11113.5 The department shall establish rules and regulations prescribing standards for the licensing and control, as provided in this chapter, of owners, operators,…
- § 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…
CHAPTER 1.5. Traffic Violator Schools §§ 11200–11223 · 35 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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 (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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 11209 Any traffic violator school owner, traffic violator school operator, or traffic violator school instructor required to be licensed under this chapter who fails…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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)…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 11219 The director may prescribe rules and regulations for traffic violator schools regarding the conduct of courses of education including curriculum, facilities,…
- § 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…
- § 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…
- § 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…
- § 11222 The department may contract with a nongovernmental entity to administer any part of this chapter, subject to limitations in other laws regarding contracting…
- § 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…
CHAPTER 2. Vehicle Verifiers §§ 11300–11312 · 13 sections
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 2.5. Registration Services §§ 11400–11413 · 14 sections
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 11406 (a) Every registration service shall keep accurate business records containing all of the following information: (1) The name, address, and license number of…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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,…
- § 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…
CHAPTER 3. Automobile Dismantlers §§ 11500–11541 · 32 sections
- § 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…
- § 11501 Every automobile dismantler shall make application to the department upon the appropriate form for a license containing a general distinguishing number. The…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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.…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 11515.2 (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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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.
CHAPTER 3.5. Lessor-Retailers §§ 11600–11620 · 25 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 11609.5 Every lessor-retailer who displays or offers one or more used vehicles for sale at retail shall post a notice not less than 8 inches high and 10 inches wide,…
- § 11610 (a) If the lessor-retailer changes the location of its principal place of business or any branch office location in California, the lessor-retailer shall…
- § 11612 (a) Before any lessor-retailer license shall be issued or renewed by the department to any applicant therefor, the applicant shall procure and file with the…
- § 11613 (a) The department, after notice and hearing, may suspend or revoke the license issued to a lessor-retailer upon determining that the person to whom the…
- § 11613.5 (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…
- § 11614 No lessor-retailer licensed under this chapter may do any of the following in connection with any activity for which this license is required: (a) Make or…
- § 11614.1 No lessor-retailer licensed under this chapter may do any of the following in connection with any activity for which this license is required: (a) Use a…
- § 11615 It shall be unlawful and a violation of this code for a lessor-retailer licensed under this chapter when selling at retail a vehicle in a transaction for which…
- § 11615.5 It is unlawful and a violation of this code for a person holding a license under this chapter to make a retail sale of a motor vehicle, except to the lessee of…
- § 11616 If a purchaser of a vehicle pays to the lessor-retailer an amount for the licensing or transfer of title of the vehicle, which amount is in excess of the…
- § 11617 (a) The license provided for in this chapter shall be automatically canceled upon the happening of any of the following: (1) The abandonment of the principal…
- § 11618 The department may, pending a hearing, temporarily suspend the license issued to a lessor-retailer for a period not to exceed 30 days, if the director finds…
- § 11620 (a) Every occupational license issued under this chapter shall be valid for a period of one year from midnight of the last day of the month of issuance. Except…
CHAPTER 4. Manufacturers, Transporters, Dealers, and Salesmen §§ 11700–11909 · 115 sections
ARTICLE 1. Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers §§ 11700–11740 · 82 sections
- § 11700 No person shall act as a dealer, remanufacturer, manufacturer, or transporter, or as a manufacturer branch, remanufacturer branch, distributor, or distributor…
- § 11700.1 A dealer who does not have an established place of business in this state but who is currently authorized to do business as, and who has an established place…
- § 11700.2 A dealer who obtains an autobroker’s endorsement to his or her dealer’s license is subject to all of the licensing, advertising, and other statutory and…
- § 11700.3 No person may aid and abet a person in the performance of any act in violation of this chapter.
- § 11701 Every manufacturer, manufacturer branch, remanufacturer, remanufacturer branch, distributor, distributor branch, transporter, or dealer of vehicles of a type…
- § 11702 The department may issue, or for reasonable cause shown, refuse to issue a license to any applicant applying for a manufacturer's, manufacturer’s branch,…
- § 11703 The department may refuse to issue a license to a manufacturer, manufacturer branch, remanufacturer, remanufacturer branch, distributor, distributor branch,…
- § 11703.1 Any of the causes specified in this chapter as a cause to suspend or revoke the license issued to a dealer, manufacturer, manufacturer branch, remanufacturer,…
- § 11703.2 The department may refuse to issue a license to a manufacturer, manufacturer branch, remanufacturer, remanufacturer branch, distributor, distributor branch,…
- § 11703.3 A person whose license has been revoked or whose application for a license has been denied may reapply for a license after a period of not less than one year…
- § 11703.4 The department may refuse to issue a license to a dealer when it determines that an applicant for a dealer’s license has failed to effectively endorse an…
- § 11704 (a) Every applicant who applies for a license pursuant to Section 11701 shall submit an application to the department on the forms prescribed by the…
- § 11704.5 (a) Except as provided in subdivision (e), every person who applies for a dealer’s license pursuant to Section 11701 for the purpose of transacting sales of…
- § 11704.7 Every person who applies to the department to take or retake the examination required under Section 11704.5 shall pay to the department a fee of sixteen…
- § 11705 (a) The department, after notice and hearing, may suspend or revoke the license issued to a dealer, transporter, manufacturer, manufacturer branch,…
- § 11705.4 (a) The department, after notice and hearing, may suspend or revoke the license issued to a dealer, transporter, manufacturer, manufacturer branch,…
- § 11706 The department may, pending a hearing, temporarily suspend the license and special plates issued to a manufacturer, manufacturer branch, remanufacturer,…
- § 11707 (a) After the filing of an accusation under this article, the director may enter into a stipulated compromise settlement agreement with the consent of the…
- § 11708 (a) Upon refusal of the department to issue a license and special plates to a manufacturer, manufacturer branch, remanufacturer, remanufacturer branch,…
- § 11709 (a) A dealer’s established place of business, and other sites or locations as may be operated and maintained by the dealer in conjunction with his or her…
- § 11709.1 Every dealer who displays or offers one or more used vehicles for sale at retail shall post a notice not less than 8 inches high and 10 inches wide, in a place…
- § 11709.2 (a) Every dealer shall conspicuously display a notice, not less than 8 inches high and 10 inches wide, in each sales office and sales cubicle of a dealer’s…
- § 11709.3 (a) Every dealer shall clearly and conspicuously display in its showroom at its established place of business, in a place that is easily accessible to…
- § 11709.4 (a) When a dealer purchases or obtains a vehicle in trade in a retail sale or lease transaction and the vehicle is subject to a prior credit or lease balance,…
- § 11710 (a) Before any dealer’s or remanufacturer’s license is issued or renewed by the department to any applicant therefor, the applicant shall procure and file with…
- § 11710.1 Notwithstanding subdivision (b) of Section 11710, the bond amount of a dealer who sells vehicles on a wholesale basis only, and who sells fewer than 25…
- § 11710.2 If a deposit is given instead of the bond required by Section 11710 both of the following apply: (a) (1) The director may order the deposit returned at the…
- § 11711 (a) If any person (1) shall suffer any loss or damage by reason of any fraud practiced on him or fraudulent representation made to him by a licensed dealer or…
- § 11711.3 A person acting as a dealer, who was not licensed as a dealer as required by this article, or a person acting as a lessor-retailer, who was not licensed as a…
- § 11712 (a) The department shall not issue a dealer’s license to any applicant therefor who has not an established place of business as defined in this code. Should…
- § 11712.5 It is unlawful and a violation of this code for a dealer issued a license pursuant to this article to sell, offer for sale, or display any new vehicle, as…
- § 11713 A holder of a license issued under this article shall not do any of the following: (a) Make or disseminate, or cause to be made or disseminated, before the…
- § 11713.1 It is a violation of this code for the holder of a dealer’s license issued under this article to do any of the following: (a) Advertise a specific vehicle for…
- § 11713.2 It shall be unlawful and a violation of this code for any manufacturer, manufacturer branch, distributor, or distributor branch licensed under this code to…
- § 11713.3 It is unlawful and a violation of this code for a manufacturer, manufacturer branch, distributor, or distributor branch licensed pursuant to this code to do,…
- § 11713.4 If a purchaser of a vehicle pays to the dealer an amount for the licensing or transfer of title of the vehicle, which amount is in excess of the actual fees…
- § 11713.5 (a) It is unlawful and a violation of this code for the holder of any license issued under this article to display for sale, offer for sale, or sell, a motor…
- § 11713.6 (a) It is unlawful and a violation of this code for the holder of any dealer’s license issued under this article to fail to disclose in writing to the buyer or…
- § 11713.7 Disclosure to a buyer that a vehicle has been remanufactured is required. Disclosure shall be accomplished by all of the following: (a) Oral notification to…
- § 11713.8 It is unlawful and a violation of this code for a remanufacturer licensed under this code to fail to do any of the following: (a) Report to the department an…
- § 11713.9 (a) It is unlawful and a violation of this code for the holder of a dealer’s license to knowingly display for sale or offer for sale any new motor vehicle…
- § 11713.10 It is unlawful and a violation of this code to sell a low-speed vehicle, as defined in Section 385.5, without disclosing to the buyer the vehicle’s maximum…
- § 11713.11 No holder of a dealer’s license shall do any of the following when conducting an auction of vehicles to the public: (a) Advertise that a vehicle will be…
- § 11713.12 (a) The decal required by subdivision (c) of Section 1793.23 of the Civil Code to be affixed by a manufacturer to a motor vehicle, shall be affixed to the left…
- § 11713.13 It is unlawful and a violation of this code for any manufacturer, manufacturer branch, distributor, or distributor branch licensed under this code to do,…
- § 11713.14 (a) Notwithstanding any other provision of law, a person who purchases a vehicle that is sold through a dealer at an auction of vehicles open to the general…
- § 11713.15 (a) (1) Prior to being issued a temporary branch license for selling new recreational vehicles, as defined in Section 18010 of the Health and Safety Code, at a…
- § 11713.16 It is a violation of this code for the holder of any dealer’s license issued under this article to do any of the following: (a) Advertise any used vehicle of…
- § 11713.17 (a) Following the retail sale or lease of a motor vehicle for which the department issues two license plates, a dealer may not deliver the motor vehicle unless…
- § 11713.18 (a) It is a violation of this code for the holder of any dealer’s license issued under this article to advertise for sale or sell a used vehicle as “certified”…
- § 11713.19 (a) It is unlawful and a violation of this code for the holder of any dealer’s license issued under this article to do any of the following: (1) Negotiate the…
- § 11713.20 (a) A dealer that obtains a consumer credit score, as defined in subdivision (b) of Section 1785.15.1 of the Civil Code, from a consumer credit reporting…
- § 11713.21 (a) (1) A dealer shall not sell a used vehicle, as defined in Section 665 and subject to registration under this code, at retail to an individual for personal,…
- § 11713.22 (a) Upon mutual agreement of the parties to enter into a recreational vehicle franchise, it is unlawful and a violation of this code for a manufacturer,…
- § 11713.23 (a) A recreational vehicle manufacturer, manufacturer branch, distributor, or distributor branch licensed under this code shall not sell a new recreational…
- § 11713.25 (a) A computer vendor shall not do any of the following: (1) Access, modify, or extract information from a confidential dealer computer record or personally…
- § 11713.26 (a) A dealer shall not display or offer for sale at retail a used vehicle, as defined in Section 665 and subject to registration under this code, unless the…
- § 11713.27 (a) A holder of a dealer’s license issued under this article is not in violation of paragraph (29) of subdivision (a) of Section 1770 of the Civil Code for…
- § 11713.28 (a) A motor vehicle manufacturer, or any other person, that advertises a motor vehicle manufacturer’s suggested retail price (MSRP) set by an automobile…
- § 11714 (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…
- § 11715 (a) A manufacturer, remanufacturer, distributor, or dealer owning or lawfully possessing any vehicle of a type otherwise required to be registered under this…
- § 11716 A manufacturer, remanufacturer, transporter, distributor, or dealer, in the course of business, may operate or move any vehicle of a type otherwise required to…
- § 11717 (a) Every occupational license and special plate issued under this article shall be valid for a period of one year from midnight of the last day of the month…
- § 11718 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…
- § 11719 Pending the satisfaction of the department that the applicant has met the requirements under this article, it may issue a temporary permit to any person…
- § 11720 The department may issue a certificate of convenience to the executor, executrix, administrator or administratrix of the estate of a deceased holder of validly…
- § 11721 The special plates and licenses provided for in this article shall be automatically canceled upon the happening of any of the following: (a) The abandonment of…
- § 11722 Claims, against the surety upon a dealer’s bond, of a financing agency that has loaned money to a licensee or assignee thereof shall be allowed only to the…
- § 11723 The board may require that fees shall be paid to the department for the issuance or renewal of a license to do business as a new motor vehicle dealer, dealer…
- § 11724 A dealer, or the agent of a dealer, who has received a notice pursuant to Section 7507.6 of the Business and Professions Code, shall not make a subsequent…
- § 11725 (a) No person shall transport or drive any motor vehicle from this state outside of the United States with the intent to register or sell such vehicle in a…
- § 11726 Any licensee suffering pecuniary loss because of any willful failure by any other licensee to comply with any provision of Article 1 (commencing with Section…
- § 11727 The revocation or suspension of a license of a manufacturer, manufacturer branch, distributor, distributor branch, or representative may be limited to one or…
- § 11728 As part of a compromise settlement agreement entered into pursuant to Section 11707 or 11808.5, the department may assess a monetary penalty of not more than…
- § 11729 (a) Except as provided in subdivision (b), any dealer engaging in a consignment with an owner not licensed as a dealer, manufacturer, manufacturer branch,…
- § 11730 The consignment agreement required by Section 11729 shall contain all the following terms, phrases, conditions, and disclosures: (a) The date the agreement is…
- § 11735 (a) No dealer shall engage in brokering a retail sales transaction without first paying the fee required by subdivision (d) of Section 9262 and obtaining from…
- § 11736 It is unlawful for any dealer licensed under this article to do any of the following when brokering a retail sale: (a) Fail to execute a written brokering…
- § 11737 (a) A dealer who brokers a motor vehicle sale shall deposit directly into a trust account any purchase money, including purchase deposits, it receives from a…
- § 11738 The brokering agreement required by Section 11736 shall be printed in no smaller than 10-point type and shall contain not less than the following terms,…
- § 11739 For purposes of title registration, warranties, rebates, and incentives, in a brokered retail new motor vehicle sale, the selling, franchised new car dealer,…
- § 11740 The remedies and penalties provided in this code for a violation of this article are cumulative to the remedies and penalties provided by other laws.
ARTICLE 1.1. Consumer Automotive Recall Safety Act §§ 11750–11762 · 8 sections
- § 11750 This article shall be known, and may be cited, as the Consumer Automotive Recall Safety Act (CARS Act).
- § 11752 As used in this article, the following definitions apply: (a) The term “dealer” has the same meaning as in Section 285. (b) (1) A “manufacturer’s recall” is a…
- § 11754 (a) No later than 48 hours after receiving a notice of a manufacturer’s recall, or sooner if practicable, a dealer or rental car company with a motor vehicle…
- § 11755 Notwithstanding Sections 1633.3 of the Civil Code and Section 9975 of this code, a new motor vehicle dealer may receive electronic authorization from consumers…
- § 11758 The department shall include the following recall disclosure statement on each vehicle registration renewal notice: “NOTICE: Many vehicles have been recalled…
- § 11760 (a) This article shall not create any legal duty upon the dealer, rental car company, personal vehicle sharing program, or department related to the accuracy,…
- § 11761 The rights and remedies provided by this article are cumulative and shall not be construed as restricting any right or remedy that is otherwise available.
- § 11762 The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other…
ARTICLE 2. Vehicle Salespersons §§ 11800–11824 · 14 sections
- § 11800 It shall be unlawful for any person to act as a vehicle salesperson without having first procured a license or temporary permit issued by the department or…
- § 11802 (a) The department shall prescribe and provide forms to be used for application for licenses to be issued under this article and require of applicants, as a…
- § 11803 Pending the satisfaction of the department that the applicant has met the requirements of this chapter, it may issue a temporary permit to any person applying…
- § 11804 The department may issue or, for reasonable cause shown, refuse to issue, a license to any applicant applying for a vehicle salesperson’s license.
- § 11806 The department, after notice and hearing, may refuse to issue, or may suspend or revoke, a vehicle salesperson’s license when it makes any of the following…
- § 11808 Every hearing provided for in this article shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the…
- § 11808.5 (a) After the filing of an accusation under this article, the director may enter into a stipulated compromise settlement agreement with the consent of the…
- § 11810 (a) The department may, pending a hearing, temporarily suspend the license issued to a vehicle salesperson for a period of not more than 30 days if the…
- § 11812 (a) A vehicle salesperson licensed under this article shall, at the time of employment, deliver his or her salesperson’s license to his or her employing dealer…
- § 11814 (a) Every original vehicle salesperson’s license issued, and every vehicle salesperson’s license renewed, pursuant to subdivision (b) shall be valid for a…
- § 11819 It is unlawful for a person: (a) To lend a salesperson’s license to any other person or knowingly permit its use by another. (b) To display or represent a…
- § 11820 The following fees shall be paid to the department: (a) Except as provided by Section 42231, a nonrefundable fee for the original issuance of a license, fifty…
- § 11822 The vehicle salesperson’s license or any permit provided in this article shall be automatically canceled upon the failure of a licensee to pay the required…
- § 11824 The suspension, expiration, or cancellation of a vehicle salesperson’s license issued under this article does not prevent the filing of an accusation for the…
ARTICLE 3. Representatives §§ 11900–11909 · 11 sections
- § 11900 It shall be unlawful for any person to act as a representative on or after July 1, 1974, without having first procured a license or temporary permit issued by…
- § 11901 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…
- § 11902 (a) The department shall issue a representative’s license when it finds and determines that the applicant has furnished the required information, and that the…
- § 11902.5 (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…
- § 11903 (a) If the department suspends or revokes a representative’s license, the licensee shall be entitled to an appropriate hearing. Such hearing shall be conducted…
- § 11903.5 (a) After the filing of an accusation under this article, the director may enter into a stipulated compromise settlement agreement with the consent of the…
- § 11904 Every representative’s license issued hereunder shall expire at midnight on the 30th day of June of each year.
- § 11905 Every application for the renewal of a representative’s license which expires on the 30th day of June shall be made by the person to whom issued between June…
- § 11907 The representative’s license, or any permit provided for in this chapter, shall be automatically canceled upon the failure of the licensee to file an…
- § 11908 The suspension, expiration, or cancellation of the representative’s license provided for in this chapter shall not prevent the filing of an accusation for…
- § 11909 Upon issuance by the department to the licensee, the license provided in this article shall be immediately delivered to and posted in a place conspicuous to…
CHAPTER 5. Sale of Housecars §§ 11930–11931 · 2 sections
- § 11930 As used in this chapter: (a) “First-stage manufacturer” with reference to a housecar means the manufacturer of the engine, chassis, and drive train of the…
- § 11931 (a) The dealer shall give the purchaser of a new housecar a list of every express warranty, of which he has notice, that has been issued on the housecar, or a…
CHAPTER 6. Sale of Used Vehicles § 11950 · 1 section
- § 11950 (a) A buy-here-pay-here dealer shall affix a label on any used vehicle being offered for retail sale that states the reasonable market value of that vehicle.…
CHAPTER 7. Sale of Automobile Parts §§ 12000–12003 · 4 sections
- § 12000 The Bureau of Automotive Repair in the Department of Consumer Affairs shall enforce the provisions of this chapter. The Bureau of Automotive Repair shall…
- § 12001 (a) Any person who sells and installs new parts in passenger cars, in the ordinary course of his business, shall provide the customer with an invoice which…
- § 12002 No person shall knowingly manufacture, sell, or install in any vehicle, any vehicle part which, under the provisions of Chapter 301 (commencing with Section…
- § 12003 Any violation of this chapter shall be a misdemeanor.
CHAPTER 8. Private Party Vehicle Markets §§ 12101–12104 · 4 sections
- § 12101 Any transaction which is regulated by this chapter shall not be subject to the provisions of Article 4 (commencing with Section 21625) of Chapter 9 of Division…
- § 12102 The following definitions apply with respect to this chapter: (a) “Private party vehicle market” means any event conducted under any of the following…
- § 12103 (a) Every private party vehicle market operator shall maintain a record, for not less than one year, of all of the following information: (1) The name of each…
- § 12104 (a) Every private party vehicle market operator shall supply, to vendors, sufficient forms which are necessary to comply with Section 5900. (b) Every private…
CHAPTER 9. Towing §§ 12110–12111 · 2 sections
- § 12110 (a) Except as provided in subdivision (b), no towing service shall provide and no person or public entity shall accept any direct or indirect commission, gift,…
- § 12111 (a) Except as provided in subdivision (b), no city or city and county may impose a business license tax for revenue-raising purposes on the operation of a tow…
CHAPTER 10. Sales of Vehicles by Private Owners §§ 12120–12121 · 2 sections
- § 12120 Only a dealer, a person described in Section 286, or the registered owner of record shall sell or offer for sale a vehicle of a type required to be registered…
- § 12121 (a) Section 12120 does not apply to a dealer licensed pursuant to Chapter 4 (commencing with Section 11700) when acting under authority of the license, or to…
CHAPTER 11. Consumer Recovery Fund §§ 12200–12217 · 18 sections
- § 12200 The following definitions apply to this chapter: (a) “Application” means an application to the recovery corporation for the payment of an eligible claim from…
- § 12201 (a) Participants shall maintain a corporation under the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title…
- § 12202 (a) The recovery corporation shall have a board of directors composed of six directors, as follows: (1) One public consumer representative member appointed by…
- § 12203 (a) The recovery corporation shall establish a consumer recovery fund for the payment of claims as provided in this chapter. The recovery corporation shall…
- § 12204 (a) A consumer may file an application with the recovery corporation for the payment of the consumer’s eligible claim if a dealer or lessor-retailer against…
- § 12205 The recovery corporation shall develop a notice fully explaining a consumer’s right to make a claim from the fund, an application form, and an explanation of…
- § 12206 (a) Within 30 days of receiving an application, the recovery corporation shall notify the applicant, in writing, that the application is complete or, if the…
- § 12207 (a) Within 15 days of receiving a complete application, the recovery corporation shall serve a copy of the complete application and the following notice on the…
- § 12208 If the recovery corporation pays the claim, the amount of the payment shall be the total of the amount of the eligible claim, but in no event may the payment…
- § 12209 If the recovery corporation denies the claim, the recovery corporation shall notify the applicant in writing of the denial, the legal and factual bases for the…
- § 12210 After the recovery corporation pays or rejects a claim, all of the following apply: (a) Immediately upon payment, the recovery corporation shall be subrogated…
- § 12211 If the recovery corporation has insufficient funds to pay all eligible claims, the recovery corporation shall pay eligible claims in the order that the claim…
- § 12212 (a) Within 30 days after the close of the fiscal year or other reasonable period established by the board of directors, the recovery corporation shall make…
- § 12213 The operation of the recovery corporation shall at all times be subject to the examination and review of the Attorney General and the Attorney General’s…
- § 12214 The Attorney General or his or her representative may determine that the recovery corporation has failed or ceased to operate upon a finding that any one of…
- § 12215 If the recovery corporation is dissolved or ceases to exist, or if the Attorney General or his or her representative makes a determination, pursuant to Section…
- § 12216 All costs and expenses incurred by the Department of Justice in the administration of this chapter shall be paid to the Department of Justice by the recovery…
- § 12217 Nothing in this chapter is intended to limit or restrict actions, remedies, penalties, or procedures otherwise available pursuant to any other provision of law.