11500. It shall be unlawful for any person to act as an automobile
dismantler without first having an established place of business
which 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.
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.
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.
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was revoked for cause and never reissued by the department, or which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license issued under this chapter was revoked for cause and never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of a business whose license, issued under this chapter was revoked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.
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.
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.
11504. (a) Every 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 storm water permit or is not required to obtain a
storm water 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 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).
(c) Every 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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
11515. (a) 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,
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
three-dollar ($3) fee, 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 three-dollar ($3) 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 three-dollar ($3) fee to the department. The
department, upon receipt of the certificate of ownership or other
evidence of title, the license plates, and the three-dollar ($3) 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 three-dollar ($3) fee 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 three-dollar ($3) fee to
the department.
(e) Prior to 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 which 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 intent to defraud, a violation of subdivision
(c) is a misdemeanor.
(h) (1) A salvage certificate issued under this section shall
include a statement that the seller and any 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.
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.
11515.2. (a) Whenever 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 three-dollar ($3) fee, 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
three-dollar ($3) fee, shall issue a nonrepairable vehicle
certificate for the vehicle.
(b) Whenever 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 three-dollar ($3) fee to the department. The
department, upon receipt of the certificate of ownership or other
evidence of title, the license plates, and the three-dollar ($3) fee,
shall issue a nonrepairable vehicle certificate for the vehicle.
(c) Whenever 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 three-dollar ($3) fee to the department.
(d) Whenever 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 three-dollar ($3) fee 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.
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.
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.
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.
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.
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.
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.
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,
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.
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.
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