BILL NUMBER: AB 1718 CHAPTERED
BILL TEXT
CHAPTER 451
FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2003
APPROVED BY GOVERNOR SEPTEMBER 20, 2003
PASSED THE ASSEMBLY SEPTEMBER 2, 2003
PASSED THE SENATE AUGUST 28, 2003
AMENDED IN SENATE JUNE 9, 2003
AMENDED IN ASSEMBLY APRIL 29, 2003
AMENDED IN ASSEMBLY APRIL 9, 2003
INTRODUCED BY Committee on Transportation (Dutra (Chair), Chan,
Chu, Liu, Longville, Nakano, Oropeza, Parra, Pavley, Salinas, and
Simitian)
FEBRUARY 27, 2003
An act to amend Sections 116.870 and 116.880 of the Code of Civil
Procedure, to repeal Section 229.40 of the Streets and Highways Code,
and to amend Sections 544, 3014, 3015, 3050.1, 3050.2, 3050.3,
3050.4, 3050.6, 3050.7, 3052, 3062, 3066, 3067, 4453, 12810.5, 16076,
24403, and 40508 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1718, Committee on Transportation. Vehicles.
(1) Existing law requires the Department of Motor Vehicles to
suspend the driving privilege of a judgment debtor for failing to
satisfy a judgment if, among other things, the judgment was for
property damage in excess of $500. Where the judgment was for $500
or less, existing law authorizes the judgment creditor to file a
notice with the department requesting a suspension of the judgment
debtor's privilege to operate a motor vehicle.
This bill would require the department to suspend the driving
privilege of a judgment debtor for failing to satisfy a judgment if,
in addition to other requirements, the judgment was for property
damage in excess of $750. The bill would authorize a judgment
creditor to file a notice with the department requesting a suspension
of the judgment debtor's privilege to operate a motor vehicle if, in
addition to other requirements, the judgment was for $750 or less.
(2) Existing law requires the department to determine the
facilities and attractions for which generic tourist oriented
directional signs will be provided, depending on whether those
facilities and attractions meet specified minimum criteria. Existing
law establishes that criteria governing the administration,
standards, eligibility, and fees concerning the tourist oriented
directional sign program remain in effect only until January 1, 2004,
and are thereafter repealed.
This bill would delete the specified repeal date.
(3) Existing law defines "total loss salvage vehicle" for purposes
of the Vehicle Code.
This bill would make changes to that definition.
(4) Existing law establishes the New Motor Vehicle Board and
requires the department to provide the board with the services of a
secretary and an assistant secretary to perform certain board
functions. Existing law also authorizes a hearing officer to
discharge certain acts.
This bill would transfer the duties of a secretary to an executive
director and would delete all reference to a secretary or an
assistant secretary. The bill would also transfer the authorization
granted to a hearing officer to an administrative law judge and would
delete references to a hearing officer. The bill would add
prehearing conference proceedings to the specified list of
proceedings in which an administrative law judge is authorized to
act.
(5) Existing law prohibits a person from driving a motor vehicle
unless it is registered and appropriate fees have been paid, with
certain exceptions. Upon registering a vehicle, existing law
requires the department to issue a certificate of ownership and a
registration card to the legal owner. Existing law requires a
registration card to contain certain information upon its face,
including the name and residence or business address of the owner and
of the legal owner of the vehicle. Existing law prohibits general
delivery or post office box numbers to be used as the address of the
registered owner unless there is no other address.
This bill would authorize the use of a mailing address on the face
of a registration card and would delete the prohibition on the use
of general delivery or post office box numbers.
(6) Existing law requires the department to prepare and publish a
printed summary to notify a person whose driving privilege is
suspended of that person's right to apply for a restricted driving
privilege. Existing law specifies the content of that summary.
This bill would make changes to that content.
(7) Existing law authorizes a motor vehicle to be equipped with
not more than 2 foglamps that may be used with, but may not be used
in substitution of, headlamps. Existing law requires foglamps to be
mounted on the front at a height of not less than 12 inches nor more
than 30 inches.
For motorcycles with foglamps, this bill would require the
mounting height for the foglamps to be not more than 40 inches.
(8) The bill would make technical, nonsubstantive changes in
existing law relating to vehicles.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 116.870 of the Code of Civil Procedure is
amended to read:
116.870. Sections 16250 to 16381, inclusive, of the Vehicle Code,
regarding the suspension of the judgment debtor's privilege to
operate a motor vehicle for failing to satisfy a judgment, apply if
the judgment (1) was for damage to property in excess of seven
hundred fifty dollars ($750) or for bodily injury to, or death of, a
person in any amount, and (2) resulted from the operation of a motor
vehicle upon a California highway by the defendant, or by any other
person for whose conduct the defendant was liable, unless the
liability resulted from the defendant's signing the application of a
minor for a driver's license.
SEC. 2. Section 116.880 of the Code of Civil Procedure is amended
to read:
116.880. (a) If the judgment (1) was for seven hundred fifty
dollars ($750) or less, (2) resulted from a motor vehicle accident
occurring on a California highway caused by the defendant's operation
of a motor vehicle, and (3) has remained unsatisfied for more than
90 days after the judgment became final, the judgment creditor may
file with the Department of Motor Vehicles a notice requesting a
suspension of the judgment debtor's privilege to operate a motor
vehicle.
(b) The notice shall state that the judgment has not been
satisfied, and shall be accompanied by (1) a fee set by the
department, (2) the judgment of the court determining that the
judgment resulted from a motor vehicle accident occurring on a
California highway caused by the judgment debtor's operation of a
motor vehicle, and (3) a declaration that the judgment has not been
satisfied. The fee shall be used by the department to finance the
costs of administering this section and may not exceed the department'
s actual costs.
(c) Upon receipt of a notice, the department shall attempt to
notify the judgment debtor by telephone, if possible, otherwise by
certified mail, that the judgment debtor's privilege to operate a
motor vehicle will be suspended for a period of 90 days, beginning 20
days after receipt of notice by the department from the judgment
creditor, unless satisfactory proof, as provided in subdivision (e),
is provided to the department before that date.
(d) At the time the notice is filed, the department shall give the
judgment creditor a copy of the notice that shall indicate the
filing fee paid by the judgment creditor, and shall include a space
to be signed by the judgment creditor acknowledging payment of the
judgment by the judgment debtor. The judgment creditor shall mail or
deliver a signed copy of the acknowledgment to the judgment debtor
once the judgment is satisfied.
(e) The department shall terminate the suspension, or the
suspension proceedings, upon the occurrence of one or more of the
following:
(1) Receipt of proof that the judgment has been satisfied, either
(A) by a copy of the notice required by this section signed by the
judgment creditor acknowledging satisfaction of the judgment, or (B)
by a declaration of the judgment debtor stating that the judgment has
been satisfied.
(2) Receipt of proof that the judgment debtor is complying with a
court-ordered payment schedule.
(3) Proof that the judgment debtor had insurance covering the
accident sufficient to satisfy the judgment.
(4) A deposit with the department of the amount of the unsatisfied
judgment, if the judgment debtor presents proof, satisfactory to the
department, of inability to locate the judgment creditor.
(5) At the end of 90 days.
(f) When the suspension has been terminated under subdivision (e),
the action is final and may not be reinstituted. Whenever the
suspension is terminated, Section 14904 of the Vehicle Code shall
apply. Money deposited with the department under this section shall
be handled in the same manner as money deposited under subdivision
(d) of Section 16377 of the Vehicle Code.
(g) A public agency is not liable for an injury caused by the
suspension, termination of suspension, or the failure to suspend a
person's privilege to operate a motor vehicle as authorized by this
section.
SEC. 3. Section 229.40 of the Streets and Highways Code is
repealed.
SEC. 4. Section 544 of the Vehicle Code is amended to read:
544. "Total loss salvage vehicle" means either of the following:
(a) A vehicle, other than a nonrepairable vehicle, of a type
subject to registration that has been wrecked, destroyed, or damaged,
to the extent that the owner, leasing company, financial
institution, or the insurance company that insured or is responsible
for repair of the vehicle, considers it uneconomical to repair the
vehicle and because of this, the vehicle is not repaired by or for
the person who owned the vehicle at the time of the event resulting
in damage.
(b) A vehicle that was determined to be uneconomical to repair,
for which a total loss payment has been made by an insurer, whether
or not the vehicle is subsequently repaired, if prior to or upon
making the payment to the claimant, the insurer obtains the agreement
of the claimant to the amount of the total loss settlement, and
informs the client that, pursuant to subdivision (a) or (b) of
Section 11515, the total loss settlement must be reported to the
Department of Motor Vehicles, which will issue a salvage certificate
for the vehicle.
SEC. 5. Section 3014 of the Vehicle Code is amended to read:
3014. The board may appoint an executive director, who shall be
exempt from civil service requirements, and who shall devote as much
time as may be necessary to discharge the functions of the board as
herein provided. The department shall provide the board with the
necessary personnel, office space, equipment, supplies, and services
that, in the opinion of the board, may be necessary to administer
this chapter. However, the board may contract with the department or
another state agency for office space, equipment, supplies, and
services, as determined by the board to be appropriate, for the
administration of this chapter.
SEC. 6. Section 3015 of the Vehicle Code is amended to read:
3015. In addition to the office of the executive director in
Sacramento, the department shall, as the need therefor occurs, secure
adequate rooms for the meetings of the board in Los Angeles, San
Francisco, Sacramento, or other locations in the state as may be
required in the discretion of the board, to administer this chapter.
SEC. 7. Section 3050.1 of the Vehicle Code is amended to read:
3050.1. (a) In a proceeding, hearing, or in the discharge of
duties imposed under this chapter, the board, its executive director,
or an administrative law judge designated by the board may
administer oaths, take depositions, certify to official acts, and
issue subpoenas to compel attendance of witnesses and the production
of books, records, papers, and other documents in any part of the
state.
(b) For purposes of discovery, the board or its executive director
may, if deemed appropriate and proper under the circumstances,
authorize the parties to engage in the civil action discovery
procedures in Article 3 (commencing with Section 2016) of Chapter 3
of Title 3 of Part 4 of the Code of Civil Procedure, excepting the
provisions of Section 2030 of that code. Discovery shall be
completed no later than 15 days prior to the commencement of the
proceeding or hearing before the board. This subdivision shall apply
only to those proceedings or hearings involving a petition or
protest filed pursuant to subdivision (c) or (d) of Section 3050.
The board, its executive director, or an administrative law judge
designated by the board may issue subpoenas to compel attendance at
depositions of persons having knowledge of the acts, omissions, or
events that are the basis for the proceedings, as well as the
production of books, records, papers, and other documents.
SEC. 8. Section 3050.2 of the Vehicle Code is amended to read:
3050.2. (a) Obedience to subpoenas issued to compel attendance of
witnesses, or the production of books, records, papers, and other
documents at the proceeding or hearing, may be enforced by
application to the superior court as set forth in Article 2
(commencing with Section 11180) of Chapter 2 of Part 1 of Division 3
of Title 2 of the Government Code.
(b) Compliance with discovery procedures authorized pursuant to
subdivision (b) of Section 3050.1 may be enforced by application to
the executive director of the board. The executive director may, at
the direction of the board, upon a showing of failure to comply with
authorized discovery without substantial justification for that
failure, dismiss the protest or petition or suspend the proceedings
pending compliance. The executive director may, at the direction of
the board, upon a failure to comply with authorized discovery without
substantial justification for that failure, require payment of costs
incurred by the board, as well as attorney's fees and costs of the
party who successfully makes or opposes a motion to compel
enforcement of discovery. Nothing in this section precludes the
executive director from making application to the superior court to
enforce obedience to subpoenas or compliance with other discovery
procedures authorized pursuant to subdivision (b) of Section 3050.1.
SEC. 9. Section 3050.3 of the Vehicle Code is amended to read:
3050.3. A witness, other than an officer or employee of the state
or of a political subdivision of the state, who appears by order of
the board or its executive director, shall receive for his or her
attendance the same fees and the same mileage allowed by law to
witnesses in civil cases. The amount shall be paid by the party at
whose request the witness is subpoenaed. The mileage and fees, if
any, of a witness subpoenaed by the board or its executive director,
but not at the request of a party, shall be paid from the funds
provided for the use of the board in the same manner that other
expenses of the board are paid.
SEC. 10. Section 3050.4 of the Vehicle Code is amended to read:
3050.4. In a protest or petition before the board, the board, its
executive director, or an administrative law judge designated by the
board or its executive director, may order a mandatory settlement
conference. The failure of a party to appear, to be prepared, or to
have authority to settle the matter may result in one or more of the
following:
(a) The board, its executive director, or an administrative law
judge designated by the board or its executive director, may suspend
all proceedings before the board in the matter until compliance.
(b) The board, its executive director, or an administrative law
judge designated by the board or its executive director, may dismiss
the proceedings or any part thereof before the board with or without
prejudice.
(c) The board, its executive director, or an administrative law
judge designated by the board or its executive director, may require
all the board's costs to be paid by the party at fault.
(d) The board, its executive director, or an administrative law
judge designated by the board or its executive director, may deem
that the party at fault has abandoned the matter.
SEC. 11. Section 3050.6 of the Vehicle Code is amended to read:
3050.6. The board or its executive director may, in the event of
a granting of a continuance of a scheduled matter, assess costs of
the board upon the party receiving the continuance.
SEC. 12. Section 3050.7 of the Vehicle Code is amended to read:
3050.7. (a) The board may adopt stipulated decisions and orders,
without a hearing pursuant to Section 3066, to resolve one or more
issues raised by a protest or petition filed with the board.
Whenever the parties to a protest or petition submit a proposed
stipulated decision and proposed order of the board, a copy of the
proposed stipulated decision and order shall be transmitted by the
executive director of the board to each member of the board. The
proposed stipulated decision and order shall be deemed to be adopted
by the board unless a member of the board notifies the executive
director of the board of an objection thereto within 10 days after
that board member has received a copy of the proposed stipulated
decision and order.
(b) If the board adopts a stipulated decision and order to resolve
a protest filed pursuant to Section 3060 in which the parties
stipulate that good cause exists for the termination of the franchise
of the protestant, and the order provides for a conditional or
unconditional termination of the franchise of the protestant,
subdivision (b) of Section 3060, which requires a hearing to
determine whether good cause exists for termination of the franchise,
is inapplicable to the proceedings. If the stipulated decision and
order provides for an unconditional termination of the franchise, the
franchise may be terminated without further proceedings by the
board. If the stipulated decision and order provides for the
termination of the franchise, conditioned upon the failure of a party
to comply with specified conditions, the franchise may be terminated
upon a determination, according to the terms of the stipulated
decision and order, that the conditions have not been met. If the
stipulated decision and order provides for the termination of the
franchise conditioned upon the occurrence of specified conditions,
the franchise may be terminated upon a determination, according to
the terms of the stipulated decision and order, that the stipulated
conditions have occurred.
SEC. 13. Section 3052 of the Vehicle Code is amended to read:
3052. (a) On or before the 10th day after the last day on which
reconsideration of a final decision of the department can be ordered,
the respondent may file an appeal with the executive director of the
board. The appeal shall be in writing and shall state the grounds
therefor. A copy of the appeal shall be mailed by the appellant to
the department, and the department shall thereafter be considered as
a party to the appeal. The right to appeal is not affected by
failure to seek reconsideration before the department.
(b) An appeal is considered to be filed on the date it is received
in the office of the executive director of the board, except that an
appeal mailed to the executive director by means of registered mail
is considered to be filed with the executive director on the postmark
date.
(c) The appeal shall be accompanied by evidence that the appellant
has requested the administrative record of the department and
advanced the cost of preparation of that record. The complete
administrative record includes the pleadings, all notices and orders
issued by the department, any proposed decision by an administrative
law judge, the exhibits admitted or rejected, the written evidence,
and any other papers in the case. All parts of the administrative
record requested by the appellant may be filed with the appeal
together with the appellant's points and authorities. If the board
orders the filing of additional parts of the administrative record,
the board may order prior payment by the appellant of the cost of
providing those additional parts.
(d) Except as provided in subdivisions (e) and (f), a decision of
the department may not become effective during the period an appeal
may be filed, and the filing of an appeal shall stay the decision of
the department until a final order is made by the board.
(e) When a decision has ordered revocation of a dealer's license,
the department may, on or before the last day upon which an appeal
may be filed with the board, petition the board to order the decision
of the department into effect.
(f) With respect to the department's petition filed pursuant to
subdivision (e), the department shall have the burden of proof. The
board shall act upon the petition within 14 days or prior to the
effective date of the department's decision, whichever is later. The
board may order oral argument on the petition before the board.
Oral argument by telephone conference call with a quorum of the board
members present, either in person or by telephone, is permitted.
SEC. 14. Section 3062 of the Vehicle Code is amended to read:
3062. (a) (1) Except as otherwise provided in subdivision (b), if
a franchisor seeks to enter into a franchise establishing an
additional motor vehicle dealership within a relevant market area
where the same line-make is then represented, or seeks to relocate an
existing motor vehicle dealership, the franchisor shall, in writing,
first notify the board and each franchisee in that line-make in the
relevant market area of the franchisor's intention to establish an
additional dealership or to relocate an existing dealership within or
into that market area. Within 20 days of receiving the notice,
satisfying the requirements of this section, or within 20 days after
the end of an appeal procedure provided by the franchisor, a
franchisee required to be given the notice may file with the board a
protest to the establishing or relocating of the dealership. If,
within this time, a franchisee files with the board a request for
additional time to file a protest, the board or its executive
director, upon a showing of good cause, may grant an additional 10
days to file the protest. When a protest is filed, the board shall
inform the franchisor that a timely protest has been filed, that a
hearing is required pursuant to Section 3066, and that the franchisor
may not establish or relocate the proposed dealership until the
board has held a hearing as provided in Section 3066, nor thereafter,
if the board has determined that there is good cause for not
permitting the dealership. In the event of multiple protests,
hearings may be consolidated to expedite the disposition of the
issue.
(2) If a franchisor seeks to enter into a franchise that
authorizes a satellite warranty facility to be established at, or
relocated to, a proposed location that is within two miles of a
dealership of the same line-make, the franchisor shall first give
notice in writing of the franchisor's intention to establish or
relocate a satellite warranty facility at the proposed location to
the board and each franchisee operating a dealership of the same
line-make within two miles of the proposed location. Within 20 days
of receiving the notice satisfying the requirements of this section,
or within 20 days after the end of an appeal procedure provided by
the franchisor, a franchisee required to be given the notice may file
with the board a protest to the establishing or relocating of the
satellite warranty facility. If, within this time, a franchisee
files with the board a request for additional time to file a protest,
the board or its executive director, upon a showing of good cause,
may grant an additional 10 days to file the protest. When a protest
is filed, the board shall inform the franchisor that a timely protest
has been filed, that a hearing is required pursuant to Section 3066,
and that the franchisor may not establish or relocate the proposed
satellite warranty facility until the board has held a hearing as
provided in Section 3066, nor thereafter, if the board has determined
that there is good cause for not permitting the satellite warranty
facility. In the event of multiple protests, hearings may be
consolidated to expedite the disposition of the issue.
(3) The written notice shall contain, on the first page thereof in
at least 12-point bold type and circumscribed by a line to segregate
it from the rest of the text, the following statement:
"NOTICE TO DEALER: You have the right to file a protest with the
NEW MOTOR VEHICLE BOARD in Sacramento and have a hearing on your
protest under the terms of the California Vehicle Code if you oppose
this action. You must file your protest with the board within 20
days of your receipt of this notice, or within 20 days after the end
of any appeal procedure that is provided by us to you. If within
this time you file with the board a request for additional time to
file a protest, the board or its executive director, upon a showing
of good cause, may grant you an additional 10 days to file the
protest."
(b) Subdivision (a) does not apply to either of the following:
(1) The relocation of an existing dealership to a location that is
both within the same city as, and within one mile from, the existing
dealership location.
(2) The establishment at a location that is both within the same
city as, and within one-quarter mile from, the location of a
dealership of the same line-make that has been out of operation for
less than 90 days.
(c) Subdivision (a) does not apply to a display of vehicles at a
fair, exposition, or similar exhibit if actual sales are not made at
the event and the display does not exceed 30 days. This subdivision
may not be construed to prohibit a new vehicle dealer from
establishing a branch office for the purpose of selling vehicles at
the fair, exposition, or similar exhibit, even though the event is
sponsored by a financial institution, as defined in Section 31041 of
the Financial Code or by a financial institution and a licensed
dealer. The establishment of these branch offices, however, shall be
in accordance with subdivision (a) where applicable.
(d) For the purposes of this section, the reopening of a
dealership that has not been in operation for one year or more shall
be deemed the establishment of an additional motor vehicle
dealership.
(e) As used in this section, the following definitions apply:
(1) "Motor vehicle dealership" or "dealership" means an authorized
facility at which a franchisee offers for sale or lease, displays
for sale or lease, or sells or leases new motor vehicles.
(2) "Satellite warranty facility" means a facility operated by a
franchisee where authorized warranty repairs and service are
performed and the offer for sale or lease, the display for sale or
lease, or the sale or lease of new motor vehicles is not authorized
to take place.
SEC. 15. Section 3066 of the Vehicle Code is amended to read:
3066. (a) Upon receiving a notice of protest pursuant to Section
3060, 3062, 3064, 3065, or 3065.1, the board shall fix a time within
60 days of the order, and place of hearing, and shall send by
registered mail a copy of the order to the franchisor, the protesting
franchisee, and all individuals and groups that have requested
notification by the board of protests and decisions of the board.
Except in a case involving a franchisee who deals exclusively in
motorcycles, the board or its executive director may, upon a showing
of good cause, accelerate or postpone the date initially established
for a hearing, but the hearing may not be rescheduled more than 90
days after the board's initial order. For the purpose of
accelerating or postponing a hearing date, "good cause" includes, but
is not limited to, the effects upon, and any irreparable harm to,
the parties or interested persons or groups if the request for a
change in hearing date is not granted. The board or an
administrative law judge designated by the board shall hear and
consider the oral and documented evidence introduced by the parties
and other interested individuals and groups, and the board shall make
its decision solely on the record so made. Chapter 4.5 (commencing
with Section 11400) of Part 1 of Division 3 of Title 2 of the
Government Code and Sections 11507.3, 11507.6, 11507.7, 11511,
11511.5, 11513, 11514, 11515, and 11517 of the Government Code apply
to these proceedings.
(b) In a hearing on a protest filed pursuant to Section 3060 or
3062, the franchisor shall have the burden of proof to establish that
there is good cause to modify, replace, terminate, or refuse to
continue a franchise. The franchisee shall have the burden of proof
to establish that there is good cause not to enter into a franchise
establishing or relocating an additional motor vehicle dealership.
(c) In a hearing on a protest alleging a violation of, or filed
pursuant to, Section 3064, 3065, or 3065.1, the franchisee shall have
the burden of proof, but the franchisor has the burden of proof to
establish that a franchisee acted with intent to defraud the
franchisor where that issue is material to a protest filed pursuant
to Section 3065 or 3065.1.
(d) A member of the board who is a new motor vehicle dealer may
not participate in, hear, comment, or advise other members upon, or
decide, a matter involving a protest filed pursuant to this article
unless all parties to the protest stipulate otherwise.
SEC. 16. Section 3067 of the Vehicle Code is amended to read:
3067. (a) The decision of the board shall be in writing and shall
contain findings of fact and a determination of the issues
presented. The decision shall sustain, conditionally sustain,
overrule, or conditionally overrule the protest. Conditions imposed
by the board shall be for the purpose of assuring performance of
binding contractual agreements between franchisees and franchisors or
otherwise serving the purposes of this article. If the board fails
to act within 30 days after the hearing, within 30 days after the
board receives a proposed decision where the case is heard before an
administrative law judge alone, or within a period necessitated by
Section 11517 of the Government Code, or as may be mutually agreed
upon by the parties, then the proposed action shall be deemed to be
approved. Copies of the board's decision shall be delivered to the
parties personally or sent to them by registered mail, as well as to
all individuals and groups that have requested notification by the
board of protests and decisions by the board. The board's decision
shall be final upon its delivery or mailing and a reconsideration or
rehearing is not permitted.
(b) Notwithstanding subdivision (c) of Section 11517 of the
Government Code, if a protest is heard by an administrative law judge
alone, 10 days after receipt by the board of the administrative law
judge's proposed decision, a copy of the proposed decision shall be
filed by the board as a public record and a copy shall be served by
the board on each party and his or her attorney.
SEC. 17. Section 4453 of the Vehicle Code is amended to read:
4453. (a) The registration card shall contain upon its face, the
date issued, the name and residence or business address or mailing
address of the owner and of the legal owner, if any, the registration
number assigned to the vehicle, and a description of the vehicle as
complete as that required in the application for registration of the
vehicle.
(b)
The following motor vehicles shall be identified as such on the face
of the registration card whenever the department is able to
ascertain that fact at the time application is made for initial
registration or transfer of ownership of the vehicle:
(1) A motor vehicle rebuilt and restored to operation that was
previously declared to be a total loss salvage vehicle because the
cost of repairs exceeds the retail value of the vehicle.
(2) A motor vehicle rebuilt and restored to operation that was
previously reported to be dismantled pursuant to Section 11520.
(3) A motor vehicle previously registered to a law enforcement
agency and operated in law enforcement work.
(4) A motor vehicle formerly operated as a taxicab.
(5) A motor vehicle manufactured outside of the United States and
not intended by the manufacturer for sale in the United States.
(6) A park trailer, as described in Section 18009.3 of the Health
and Safety Code, that when moved upon the highway is required to be
moved under a permit pursuant to Section 35780.
(7) A motor vehicle that has been reacquired under circumstances
described in subdivision (c) of Section 1793.23 of the Civil Code, a
vehicle with out-of-state titling documents reflecting a warranty
return, or a vehicle that has been identified by an agency of another
state as requiring a warranty return title notation, pursuant to the
laws of that state. The notation made on the face of the
registration and pursuant to this subdivision shall state "Lemon Law
Buyback."
(c) The director may modify the form, arrangement, and information
appearing on the face of the registration card and may provide for
standardization and abbreviation of fictitious or firm names on the
registration card whenever the director finds that the efficiency of
the department will be promoted by so doing.
SEC. 18. Section 12810.5 of the Vehicle Code is amended to read:
12810.5. (a) Except as otherwise provided in subdivision (b), a
person whose driving record shows a violation point count of four or
more points in 12 months, six or more points in 24 months, or eight
or more points in 36 months shall be prima facie presumed to be a
negligent operator of a motor vehicle. In applying this subdivision
to a driver, if the person requests and appears at a hearing
conducted by the department, the department shall give due
consideration to the amount of use or mileage traveled in the
operation of a motor vehicle.
(b) (1) A class A or class B licensed driver, except persons
holding certificates pursuant to Section 12517, 12519, 12523,
12523.5, or 12527, or an endorsement issued pursuant to paragraph (2)
or (4) of subdivision (a) of Section 15278, who is presumed to be a
negligent operator pursuant to subdivision (a), and who requests and
appears at a hearing and is found to have a driving record violation
point count of six or more points in 12 months, eight or more points
in 24 months, or 10 or more points in 36 months is presumed to be a
prima facie negligent operator. However, the higher point count does
not apply if the department reasonably determines that four or more
points in 12 months, six or more points in 24 months, or eight or
more points in 36 months are attributable to the driver's operation
of a vehicle requiring only a class C license, and not requiring a
certificate or endorsement, or a class M license.
(2) For purposes of this subdivision, each point assigned pursuant
to Section 12810 shall be valued at one and one-half times the value
otherwise required by that section for each violation reasonably
determined by the department to be attributable to the driver's
operation of a vehicle requiring a class A or class B license, or
requiring a certificate or endorsement described in this section.
(c) The department may require a negligent operator whose driving
privilege is suspended or revoked pursuant to this section to submit
proof of financial responsibility, as defined in Section 16430, on or
before the date of reinstatement following the suspension or
revocation. The proof of financial responsibility shall be
maintained with the department for three years following that date of
reinstatement.
SEC. 19. Section 16076 of the Vehicle Code is amended to read:
16076. (a) The department shall notify every person whose driving
privilege is suspended, pursuant to Section 16070, of that person's
right to apply for a restricted driving privilege authorized under
Section 16072.
(b) For purposes of subdivision (a), the department shall prepare
and publish a printed summary. The printed summary may contain, but
is not limited to, the following wording:
"If your driving privilege is suspended due to involvement in an
accident while you were uninsured, you may apply for a restricted
license at any office of the Department of Motor Vehicles,
accompanied with proof of financial responsibility, payment of a
penalty fee of two hundred fifty dollars ($250), and, unless already
paid, payment of a reissuance fee. The Mello-McAlister Restricted
Employment Driving Privilege Act allows you to apply for a driver's
license limiting you to driving to and from work, and during the
course of your primary employment, during the one-year mandatory term
of suspension. The restricted license will not be issued if any
other suspension or revocation action has been taken against your
driving privilege."
(c) This section shall be known and may be cited as the
Mello-McAlister Restricted Employment Driving Privilege Act.
SEC. 20. Section 24403 of the Vehicle Code is amended to read:
24403. (a) A motor vehicle may be equipped with not more than two
foglamps that may be used with, but may not be used in substitution
of, headlamps.
(b) On a motor vehicle other than a motorcycle, the foglamps
authorized under this section shall be mounted on the front at a
height of not less than 12 inches nor more than 30 inches and aimed
so that when the vehicle is not loaded none of the high-intensity
portion of the light to the left of the center of the vehicle
projects higher than a level of four inches below the level of the
center of the lamp from which it comes, for a distance of 25 feet in
front of the vehicle.
(c) On a motorcycle, the foglamps authorized under this section
shall be mounted on the front at a height of not less than 12 inches
nor more than 40 inches and aimed so that when the vehicle is not
loaded none of the high-intensity portion of the light to the left of
the center of the vehicle projects higher than a level of four
inches below the level of the center of the lamp from which it comes,
for a distance of 25 feet in front of the vehicle.
SEC. 21. Section 40508 of the Vehicle Code is amended to read:
40508. (a) A person willfully violating his or her written
promise to appear or a lawfully granted continuance of his or her
promise to appear in court or before a person authorized to receive a
deposit of bail is guilty of a misdemeanor regardless of the
disposition of the charge upon which he or she was originally
arrested.
(b) A person willfully failing to pay a lawfully imposed fine for
a violation of a provision of this code or a local ordinance adopted
pursuant to this code within the time authorized by the court and
without lawful excuse having been presented to the court on or before
the date the fine is due is guilty of a misdemeanor regardless of
the full payment of the fine after that time.
(c) A person willfully failing to comply with a condition of a
court order for a violation of this code, other than for failure to
appear or failure to pay a fine, is guilty of a misdemeanor,
regardless of his or her subsequent compliance with the order.
(d) If a person convicted of an infraction fails to pay a fine or
an installment thereof within the time authorized by the court, the
court may, except as otherwise provided in this subdivision, impound
the person's driver's license and order the person not to drive for a
period not to exceed 30 days. Before returning the license to the
person, the court shall endorse on the reverse side of the license
that the person was ordered not to drive, the period for which that
order was made, and the name of the court making the order. If a
defendant with a class C or M driver's license satisfies the court
that impounding his or her driver's license and ordering the
defendant not to drive will affect his or her livelihood, the court
shall order that the person limit his or her driving for a period not
to exceed 30 days to driving that is essential in the court's
determination to the person's employment, including the person's
driving to and from his or her place of employment if other means of
transportation are not reasonably available. The court shall provide
for the endorsement of the limitation on the person's license. The
impounding of the license and ordering the person not to drive or the
order limiting the person's driving does not constitute a suspension
of the license, but a violation of the order constitutes contempt of
court.