reglab/statecodes huggingface dataset:
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 4 - Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement › Section 3064.

3064. (a) Every franchisor shall specify to its franchisees the delivery and preparation obligations of the franchisees prior to delivery of new motor vehicles to retail buyers. A copy of the delivery and preparation obligations, which shall constitute the franchisee’s only responsibility for product liability between the franchisee and the franchisor but shall not in any way affect the franchisee’s responsibility for product liability between the purchaser and either the franchisee or the franchisor, and a schedule of compensation to be paid to franchisees for the work and services they shall be required to perform in connection with those delivery and preparation obligations shall be filed with the board by franchisors, and shall constitute the compensation as set forth on the schedule. The schedule of compensation shall be reasonable, with the reasonableness thereof being subject to the approval of the board, if a franchisee files a notice of protest with the board. In determining the reasonableness of the schedules, the board shall consider all relevant circumstances, including, but not limited to, the time required to perform each function that the dealer is obligated to perform and the appropriate labor rate.
(b) Upon delivery of the vehicle, the franchisee shall give a copy of the delivery and preparation obligations to the purchaser and a written certification that the franchisee has fulfilled these obligations.
(Amended by Stats. 2013, Ch. 512, Sec. 12. (SB 155) Effective January 1, 2014.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 4 - Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement › Section 3065.25.

3065.25. As used in Sections 3065, 3065.2, and 3065.4, the following terms shall have the following meanings:
(a) “Parts” includes, but is not limited to, engine, transmission, and other part assemblies.
(b) “Warranty” includes a new vehicle warranty, a certified preowned warranty, a repair pursuant to a technical service bulletin on a vehicle covered under the period of warranty, a repair pursuant to a customer service campaign on a vehicle covered under the period of warranty, and a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code.
(Added by Stats. 2019, Ch. 796, Sec. 13. (AB 179) Effective January 1, 2020.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 4 - Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement › Section 3065.3.

3065.3. (a) No franchisor shall establish or maintain a performance standard, sales objective, or program for measuring a dealer’s sales, service, or customer service performance that is inconsistent with the standards set forth in subdivision (g) of Section 11713.13.
(b) No franchisor shall allocate vehicles or parts in a manner inconsistent with the standards set forth in subdivision (a) of Section 11713.3.
(c) No franchisor shall impose a facility or equipment policy inconsistent with the standards set forth in subdivision (a), (b), (c), or (k) of Section 11713.13.
(d) No franchisor shall compete with a dealer in violation of subdivision (o) of Section 11713.3.
(e) A franchisee may file a protest with the board for determination of whether a franchisor has complied with this section and in that proceeding the franchisor shall have the burden of proof.
(Amended by Stats. 2023, Ch. 332, Sec. 2. (AB 473) Effective January 1, 2024.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 4 - Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement › Section 3065.4.

3065.4. (a) If a franchisor fails to comply with Section 3065.2, or if a franchisee disputes the franchisor’s proposed adjusted retail labor rate or retail parts rate, the franchisee may file a protest with the board for a declaration of the franchisee’s retail labor rate or retail parts rate. In any protest under this section, the franchisor shall have the burden of proof that it complied with Section 3065.2 and that the franchisee’s determination of the retail labor rate or retail parts rate is materially inaccurate or fraudulent.
(b) Upon a decision by the board pursuant to subdivision (a), the board may determine the difference between the amount the franchisee has actually received from the franchisor for fulfilled warranty obligations and the amount that the franchisee would have received if the franchisor had compensated the franchisee at the retail labor rate and retail parts rate as determined in accordance with Section 3065.2 for a period beginning 30 days after receipt of the franchisee’s initial submission under subdivision (a) of Section 3065.2. The franchisee may submit a request to the franchisor to calculate the unpaid warranty reimbursement compensation and the franchisor shall provide this calculation to the franchisee within 30 days after receipt of the request. The request for the calculation will also be deemed a request for payment of the unpaid warranty reimbursement compensation.
(c) If the franchisor fails to make full payment within 30 days after the franchisee submits a request for payment, the franchisee may file an action in superior court for injunctive and other appropriate relief to enforce the determination or order of the board. The franchisee may also recover in superior court its actual reasonable expenses in bringing and maintaining an enforcement action in superior court.
(d) Either the franchisor or the franchisee may seek judicial review of the board’s determination pursuant to Section 3068.
(Added by Stats. 2019, Ch. 796, Sec. 15. (AB 179) Effective January 1, 2020.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 4 - Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement › Section 3067.

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 when 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 certified 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.
(Amended by Stats. 2015, Ch. 407, Sec. 4. (AB 759) Effective January 1, 2016.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 4 - Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement › Section 3068.

3068. Either party may seek judicial review of final decisions of the board. Time for filing for the review shall not be more than 45 days from the date on which the final order of the board is made public and is delivered to the parties personally or is sent to them by certified mail.
(Amended by Stats. 2015, Ch. 407, Sec. 5. (AB 759) Effective January 1, 2016.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 4 - Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement › Section 3069.

3069. The provisions of this article shall be applicable to all franchises existing between dealers and manufacturers, manufacturer branches, distributors and distributor branches at the time of its enactment and to all such future franchises.
(Added by Stats. 1973, Ch. 996.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 4 - Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement › Section 3069.1.

3069.1. Sections 3060 to 3065.4, inclusive, do not apply to a franchise authorizing a dealership, as defined in subdivision (d) of Section 3072.
(Amended by Stats. 2022, Ch. 295, Sec. 7. (AB 2956) Effective January 1, 2023.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 5 - Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints › Section 3071.

3071. In determining whether good cause has been established for modifying, replacing, terminating, or refusing to continue a franchise of a dealer of new recreational vehicles, the board shall take into consideration the existing circumstances, including, but not limited to, all of the following:
(a) The amount of business transacted by the franchisee, as compared to the business available to the franchisee.
(b) The investment necessarily made and obligations incurred by the franchisee to perform its part of the franchise.
(c) The permanency of the investment.
(d) Whether it is injurious or beneficial to the public welfare for the franchise to be modified or replaced or the business of the franchisee disrupted.
(e) Whether the franchisee has adequate new recreational vehicle sales and, if required by the franchise, service facilities, equipment, vehicle parts, and qualified service personnel, to reasonably provide for the needs of the consumers of the recreational vehicles handled by the franchisee and has been and is rendering adequate services to the public.
(f) Whether the franchisee fails to fulfill the warranty obligations agreed to be performed by the franchisee in the franchise.
(g) The extent of franchisee’s failure to comply with the terms of the franchise.
(Added by Stats. 2003, Ch. 703, Sec. 11. Effective January 1, 2004.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 5 - Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints › Section 3072.5.

3072.5. For the purposes of this article, a “recreational vehicle line-make” is a group or groups of recreational vehicles defined by the terms of a written agreement that complies with Section 331.3.
(Amended by Stats. 2015, Ch. 407, Sec. 8. (AB 759) Effective January 1, 2016.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 5 - Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints › Section 3073.

3073. In determining whether good cause has been established for not entering into a recreational vehicle franchise or relocating an existing dealership of the same recreational vehicle line-make, the board shall take into consideration the existing circumstances, including, but not limited to, all of the following:
(a) The permanency of the investment.
(b) The effect on the retail recreational vehicle business and the consuming public in the relevant market area.
(c) Whether it is injurious to the public welfare for an additional recreational vehicle franchise to be established or an existing dealership be relocated.
(d) Whether the franchisees of the same recreational vehicle line-make in the relevant market area are providing adequate competition and convenient consumer care for the motor vehicles of the recreational vehicle line-make in the market area. In making this determination, the board shall consider the adequacy of recreational vehicle sales and, if required by the franchise, service facilities, equipment, supply of vehicle parts, and qualified service personnel.
(e) Whether the establishment of an additional franchise would increase competition and therefore be in the public interest.
(Amended by Stats. 2015, Ch. 407, Sec. 9. (AB 759) Effective January 1, 2016.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 5 - Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints › Section 3074.

3074. (a) A franchisor shall specify to its franchisees the delivery and preparation obligations of the franchisees prior to delivery of new recreational vehicles to retail buyers. A copy of the delivery and preparation obligations, which shall constitute the franchisee’s only responsibility for product liability between the franchisee and the franchisor but which shall not in any way affect the franchisee’s responsibility for product liability between the purchaser and either the franchisee or the franchisor, and a schedule of compensation to be paid franchisees for the work and services they shall be required to perform in connection with the delivery and preparation obligations shall be filed with the board by franchisors, and shall constitute the compensation as set forth on the schedule. The schedule of compensation shall be reasonable, with the reasonableness thereof being subject to the approval of the board, if a franchisee files a notice of protest with the board. In determining the reasonableness of the schedules, the board shall consider all relevant circumstances, including, but not limited to, the time required to perform each function that the dealer is obligated to perform and the appropriate labor rate.
(b) Upon delivery of the vehicle, the franchisee shall give a copy of the delivery and preparation obligations to the purchaser and a written certification that the franchisee has fulfilled these obligations.
(Amended by Stats. 2015, Ch. 407, Sec. 10. (AB 759) Effective January 1, 2016.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 5 - Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints › Section 3075.

3075. (a) A franchisor shall properly fulfill every warranty agreement made by it and adequately and fairly compensate each of its franchisees for labor and parts used to fulfill that warranty when the franchisee has fulfilled warranty obligations of repair and servicing and shall file a copy of its warranty reimbursement schedule or formula with the board. The warranty reimbursement schedule or formula shall be reasonable with respect to the time and compensation allowed the franchisee for the warranty work and all other conditions of the obligation. The reasonableness of the warranty reimbursement schedule or formula shall be determined by the board if a franchisee files a notice of protest with the board.
(b) In determining the adequacy and fairness of the compensation, the franchisee’s effective labor rate charged to its various retail customers may be considered together with other relevant criteria.
(c) If a franchisor disallows a franchisee’s claim for a defective part, alleging that the part, in fact, is not defective, the franchisor shall return the part alleged not to be defective to the franchisee at the expense of the franchisor, or the franchisee shall be reimbursed for the franchisee’s cost of the part, at the franchisor’s option.
(d) All claims made by franchisees pursuant to this section shall be either approved or disapproved within 30 days after their receipt by the franchisor. A claim not specifically disapproved in writing within 30 days from receipt by the franchisor shall be deemed approved on the 30th day. When a claim is disapproved, the franchisee who submits it shall be notified in writing of its disapproval within the required period, and the notice shall state the specific grounds upon which the disapproval is based. All claims made by franchisees under this section and Section 3074 for labor and parts shall be paid within 30 days following approval. Failure to approve or pay within the above specified time limits, in individual instances for reasons beyond the reasonable control of the franchisor, do not constitute a violation of this article.
(e) Audits of franchisee warranty records may be conducted by the franchisor on a reasonable basis, and for a period of 12 months after a claim is paid or credit issued. Franchisee claims for warranty compensation shall not be disapproved except for good cause, including, but not limited to, performance of nonwarranty repairs, lack of material documentation, or fraud. Any chargeback to a franchisee for warranty parts or service compensation shall be made within 90 days of the completion of the audit. If a false claim was submitted by a franchisee with intent to defraud the franchisor, a longer period for audit and any resulting chargeback may be permitted if the franchisor obtains an order from the board.
(Added by Stats. 2003, Ch. 703, Sec. 11. Effective January 1, 2004.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 5 - Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints › Section 3076.

3076. (a) All claims made by a franchisee for payment under the terms of a franchisor incentive program shall be either approved or disapproved within 30 days after receipt by the franchisor. When a claim is disapproved, the franchisee who submits it shall be notified in writing of its disapproval within the required period, and each notice shall state the specific grounds upon which the disapproval is based. A claim not specifically disapproved in writing within 30 days from receipt shall be deemed approved on the 30th day. Following the disapproval of a claim, a franchisee shall have one year from receipt of the notice of disapproval in which to appeal the disapproval to the franchisor and file a protest with the board. All claims made by franchisees under this section shall be paid within 30 days following approval. Failure to approve or pay within the above specified time limits, in individual instances for reasons beyond the reasonable control of the franchisor, do not constitute a violation of this article.
(b) Audits of franchisee incentive records may be conducted by the franchisor on a reasonable basis, and for a period of 18 months after a claim is paid or credit issued. Franchisee claims for incentive program compensation shall not be disapproved except for good cause, such as ineligibility under the terms of the incentive program, lack of material documentation, or fraud. Any chargeback to a franchisee for incentive program compensation shall be made within 90 days of the completion of the audit. If a false claim was submitted by a franchisee with the intent to defraud the franchisor, a longer period for audit and any resulting chargeback may be permitted if the franchisor obtains an order from the board.
(Added by Stats. 2003, Ch. 703, Sec. 11. Effective January 1, 2004.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 5 - Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints › Section 3077.

3077. (a) In addition to fees imposed under Sections 3016 and 11723, the department shall impose a one-time additional fee on those dealers subject to this article for the issuance or renewal of a license, in an amount determined by the department to be sufficient to cover the costs incurred by the department and the board in the implementation of this article for the first year, or in an amount sufficient to cover costs of not more than three hundred fifty thousand dollars ($350,000), whichever amount is less.
(b) The fee authorized under subdivision (a) may not be imposed on and after January 1, 2005.
(c) All funds derived from the imposition of the fee required under subdivision (a) shall be deposited in the Motor Vehicle Account in the State Transportation Fund and shall be available, upon appropriation, for expenditure to cover the costs incurred by the department and the board in the initial implementation of this article.
(Added by Stats. 2003, Ch. 703, Sec. 11. Effective January 1, 2004.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 5 - Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints › Section 3078.

3078. (a) If the board receives a complaint from a member of the public seeking a refund involving the sale or lease of, or a replacement of, a recreational vehicle, as defined in subdivision (a) of Section 18010 of the Health and Safety Code, from a recreational vehicle dealership, as defined in subdivision (d) of Section 3072, the board shall recommend that the complainant consult with the Department of Consumer Affairs.
(b) This chapter does not affect a person’s rights regarding a transaction involving a recreational vehicle as defined in subdivision (a), to maintain an action under any other statute, including, but not limited to, applicable provisions of Title 1.7 (commencing with Section 1790) of Part 4 of Division 3 of the Civil Code.
(Amended by Stats. 2015, Ch. 407, Sec. 11. (AB 759) Effective January 1, 2016.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 5 - Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints › Section 3079.

3079. This article applies only to a recreational vehicle franchise entered into or renewed on or after January 1, 2004.
(Amended by Stats. 2015, Ch. 407, Sec. 12. (AB 759) Effective January 1, 2016.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 5 - Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints › Section 3080.

3080. (a) Upon receiving a protest pursuant to Section 3070, 3072, 3074, 3075, or 3076, the board shall fix a time and place of hearing within 60 days of the order, and shall send by certified 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. 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 shall 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 3070 or 3072, 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 an additional recreational vehicle dealership or relocating an existing recreational vehicle dealership.
(c) Except as otherwise provided in this chapter, in a hearing on a protest alleging a violation of, or filed pursuant to, Section 3074, 3075, or 3076, 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 when that issue is material to a protest filed pursuant to Section 3075 or 3076.
(Added by Stats. 2015, Ch. 407, Sec. 13. (AB 759) Effective January 1, 2016.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 5 - Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints › Section 3081.

3081. (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 when 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 certified 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.
(Added by Stats. 2015, Ch. 407, Sec. 14. (AB 759) Effective January 1, 2016.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 5 - Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints › Section 3082.

3082. Either party may seek judicial review of final decisions of the board. Time for filing for the review shall not be more than 45 days from the date on which the final order of the board is made public and is delivered to the parties personally or is sent to them by certified mail.
(Added by Stats. 2015, Ch. 407, Sec. 15. (AB 759) Effective January 1, 2016.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 6 - Export and Sale-for-Resale Prohibition Hearings › Section 3085.

3085. (a) An association may bring a protest challenging the legality of an export or sale-for-resale prohibition policy of a manufacturer, manufacturer branch, distributor, or distributor branch at any time on behalf of two or more dealers subject to the challenged policy pursuant to subdivision (y) of Section 11713.3.
(b) For the purpose of this article, an association is an organization primarily owned by, or comprised of, new motor vehicle dealers and that primarily represents the interests of dealers.
(c) Relief for a protest pursuant to this section is limited to a declaration that an export or sale-for-resale prohibition policy of a manufacturer, manufacturer branch, distributor, or distributor branch violates the prohibitions of subdivision (y) of Section 11713.3. No monetary relief may be sought on behalf of the association or any dealers represented by the association.
(d) In a protest pursuant to this section, the association shall have the burden of proof to show that the challenged export or sale-for-resale prohibition policy violates subdivision (y) of Section 11713.3.
(Added by Stats. 2019, Ch. 796, Sec. 17. (AB 179) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 3085.10.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 6 - Export and Sale-for-Resale Prohibition Hearings › Section 3085.2.

3085.2. (a) Upon receiving a protest pursuant to Section 3085, the board shall fix a time and place of hearing within 60 days, and shall send by certified mail a copy of the order to the manufacturer, manufacturer branch, distributor, distributor branch, the protesting association, and all individuals and groups that have requested notification by the board of protests and decisions of the board. 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 3085, the association shall have the burden of proof to establish a violation of the applicable section by the subject manufacturer, manufacturer branch, distributor, or distributor branch.
(c) 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.
(Added by Stats. 2019, Ch. 796, Sec. 17. (AB 179) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 3085.10.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 6 - Export and Sale-for-Resale Prohibition Hearings › Section 3085.4.

3085.4. (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. The board shall act within 30 days after the hearing, within 30 days after the board receives a proposed decision when 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. Copies of the board’s decision shall be delivered to the parties personally or sent to them by certified 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 the party’s attorney.
(Added by Stats. 2019, Ch. 796, Sec. 17. (AB 179) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 3085.10.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 6 - Export and Sale-for-Resale Prohibition Hearings › Section 3085.6.

3085.6. Either party may seek judicial review of final decisions of the board. An appeal shall be filed within 45 days from the date on which the final order of the board is made public and is delivered to the parties personally or is sent to them by certified mail.
(Added by Stats. 2019, Ch. 796, Sec. 17. (AB 179) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 3085.10.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 6 - Export and Sale-for-Resale Prohibition Hearings › Section 3085.8.

3085.8. The provisions of this article shall be applicable to any association which is primarily owned by or comprised of new motor vehicle dealers and acts on behalf of its new motor vehicle franchisees.
(Added by Stats. 2019, Ch. 796, Sec. 17. (AB 179) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 3085.10.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 6 - Export and Sale-for-Resale Prohibition Hearings › Section 3085.10.

3085.10. This article shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2030, deletes or extends that date.
(Added by Stats. 2019, Ch. 796, Sec. 17. (AB 179) Effective January 1, 2020. Repealed as of January 1, 2030, by its own provisions. Note: Repeal affects Article 6, commencing with Section 3085.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 7 - Road Usage Charge Pilot Program › Section 3091.

3091. (a) Based on the recommendations of the RUC Technical Advisory Committee, the Transportation Agency shall implement a pilot program to identify and evaluate issues related to the potential implementation of an RUC program in California by January 1, 2017.
(b) At a minimum, the pilot program shall accomplish all of the following:
(1) Analyze alternative means of collecting road usage data, including at least one alternative that does not rely on electronic vehicle location data.
(2) Collect a minimum amount of personal information including location tracking information, necessary to implement the RUC program.
(3) Ensure that processes for collecting, managing, storing, transmitting, and destroying data are in place to protect the integrity of the data and safeguard the privacy of drivers.
(c) The agency shall not disclose, distribute, make available, sell, access, or otherwise provide for another purpose, personal information or data collected through the RUC program to any private entity or individual unless authorized by a court order, as part of a civil case, by a subpoena issued on behalf of a defendant in a criminal case, by a search warrant, or in aggregate form with all personal information removed for the purposes of academic research.
(Added by Stats. 2014, Ch. 835, Sec. 2. (SB 1077) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 3093.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 7 - Road Usage Charge Pilot Program › Section 3092.

3092. (a) The Transportation Agency shall prepare and submit a report of its findings based on the results of the pilot program to the RUC Technical Advisory Committee, the California Transportation Commission, and the appropriate policy and fiscal committees of the Legislature by no later than June 30, 2018. The report shall include, but not be limited to, a discussion of all of the following issues:
(1) Cost.
(2) Privacy, including recommendations regarding public and private access, including law enforcement, to data collected and stored for purposes of the RUC to ensure individual privacy rights are protected pursuant to Section 1 of Article I of the California Constitution.
(3) Jurisdictional issues.
(4) Feasibility.
(5) Complexity.
(6) Acceptance.
(7) Use of revenues.
(8) Security and compliance, including a discussion of processes and security measures necessary to minimize fraud and tax evasion rates.
(9) Data collection technology, including a discussion of the advantages and disadvantages of various types of data collection equipment and the privacy implications and considerations of the equipment.
(10) Potential for additional driver services.
(11) Implementation issues.
(b) The California Transportation Commission shall include its recommendations regarding the pilot program in its annual report to the Legislature as specified in Sections 14535 and 14536 of the Government Code.
(Added by Stats. 2014, Ch. 835, Sec. 2. (SB 1077) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 3093.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 7 - Road Usage Charge Pilot Program › Section 3093.

3093. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.
(Amended by Stats. 2021, Ch. 308, Sec. 3. (SB 339) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Chapter 7, commencing with Section 3090.)
2023 California Code › Vehicle Code - VEH › DIVISION 3 - REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE › CHAPTER 1 - Original and Renewal of Registration; Issuance of Certificates of Title › ARTICLE 1 - Vehicles Subject to Registration › Section 4000.15.

4000.15. (a) Effective January 1, 2020, the department shall confirm, prior to the initial registration or the transfer of ownership and registration of a diesel-fueled vehicle with a gross vehicle weight rating of more than 14,000 pounds, that the vehicle is compliant with, or exempt from, applicable air pollution control technology requirements pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code and regulations of the State Air Resources Board adopted pursuant to that division.
(b) Except as otherwise provided in subdivision (c), for diesel-fueled vehicles subject to Section 43018 of the Health and Safety Code, as applied to the reduction of emissions of diesel particulate matter, oxides of nitrogen, and other criteria pollutants from in-use diesel-fueled vehicles, and Section 2025 of Title 13 of the California Code of Regulations as it read January 1, 2017, or as subsequently amended:
(1) The department shall refuse registration, or renewal or transfer of registration, for a diesel-fueled vehicle with a gross vehicle weight rating of 14,001 pounds to 26,000 pounds for the following vehicle model years:
(A) Effective January 1, 2020, vehicle model years 2004 and older.
(B) Effective January 1, 2021, vehicle model years 2007 and older.
(C) Effective January 1, 2023, vehicle model years 2010 and older.
(2) The department shall refuse registration, or renewal or transfer of registration, for a diesel-fueled vehicle with a gross vehicle weight rating of more than 26,000 pounds for the following vehicle model years:
(A) Effective January 1, 2020, vehicle model years 2000 and older.
(B) Effective January 1, 2021, vehicle model years 2005 and older.
(C) Effective January 1, 2022, vehicle model years 2007 and older.
(D) Effective January 1, 2023, vehicle model years 2010 and older.
(c) (1) As determined by the State Air Resources Board, notwithstanding effective dates and vehicle model years identified in subdivision (b), the department may allow registration, or renewal or transfer of registration, for a diesel-fueled vehicle that has been reported to the State Air Resources Board, and is using an approved exemption, or is compliant with applicable air pollution control technology requirements pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code and regulations of the State Air Resources Board adopted pursuant to that division, including vehicles equipped with the required model year emissions equivalent engine or otherwise using an approved compliance option.
(2) The State Air Resources Board shall notify the department of the vehicles allowed to be registered pursuant to this subdivision.
(Added by Stats. 2017, Ch. 5, Sec. 45. (SB 1) Effective April 28, 2017.)
2023 California Code › Vehicle Code - VEH › DIVISION 3 - REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE › CHAPTER 1 - Original and Renewal of Registration; Issuance of Certificates of Title › ARTICLE 1 - Vehicles Subject to Registration › Section 4000.17.

4000.17. (a) For purposes of this section, “heavy-duty vehicle” means a nongasoline heavy-duty onroad motor vehicle with a gross vehicle weight rating of more than 14,000 pounds, as defined by the State Air Resources Board pursuant to Section 44152 of the Health and Safety Code.
(b) No later than one year after the effective date of a regulation implementing the Heavy-Duty Vehicle Inspection and Maintenance Program (Chapter 5.5 (commencing with Section 44150) of Part 5 of Division 26 of the Health and Safety Code), the department shall confirm prior to the initial registration, the transfer of ownership, or the renewal of registration that a heavy-duty vehicle is compliant with, or exempt from, the Heavy-Duty Vehicle Inspection and Maintenance Program.
(c) Subdivision (b) does not apply to a transfer of ownership and registration under any of the following circumstances:
(1) A motor vehicle registered to a sole proprietorship is transferred to the proprietor as owner.
(2) The transfer is between companies the principal business of which is leasing motor vehicles, if there is no change in the lessee or operator of the motor vehicle or between the lessor and the person who has been, for at least one year, the lessee’s operator of the motor vehicle.
(3) The transfer is between the lessor and lessee of the motor vehicle, if there is no change in the lessee or operator of the motor vehicle.
(4) An additional individual is added as a registered owner of the motor vehicle.
(d) The State Air Resources Board shall notify the department of the motor vehicles allowed to be registered pursuant to this section.
(Added by Stats. 2019, Ch. 298, Sec. 3. (SB 210) Effective January 1, 2020.)
2023 California Code › Vehicle Code - VEH › DIVISION 3 - REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE › CHAPTER 1 - Original and Renewal of Registration; Issuance of Certificates of Title › ARTICLE 1 - Vehicles Subject to Registration › Section 4000.2.

4000.2. (a) Except as otherwise provided in subdivision (b) of Section 43654 of the Health and Safety Code, and, commencing on April 1, 2005, except for model-years exempted from biennial inspection pursuant to Section 44011 of the Health and Safety Code, the department shall require upon registration of a motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, previously registered outside this state, a valid certificate of compliance or a certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(b) For the purposes of determining the validity of a certificate of compliance or noncompliance submitted in compliance with the requirements of this section, the definitions of new and used motor vehicle contained in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code shall control.
(Amended by Stats. 2004, Ch. 704, Sec. 4. Effective January 1, 2005. Operative April 1, 2005, by Sec. 7 of Ch. 704.)
2023 California Code › Vehicle Code - VEH › DIVISION 3 - REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE › CHAPTER 1 - Original and Renewal of Registration; Issuance of Certificates of Title › ARTICLE 1 - Vehicles Subject to Registration › Section 4000.3.

4000.3. (a) Except as otherwise provided in Section 44011 of the Health and Safety Code, the department shall require biennially, upon renewal of registration of any motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, a valid certificate of compliance issued in accordance with Section 44015 of the Health and Safety Code. The department, in consultation with the Department of Consumer Affairs, shall develop a schedule under which vehicles shall be required biennially to obtain certificates of compliance.
(b) The Department of Consumer Affairs shall provide the department with information on vehicle classes that are subject to the motor vehicle inspection and maintenance program.
(c) The department shall include any information pamphlet provided by the Department of Consumer Affairs with notification of the inspection requirement and with its renewal notices. The information pamphlet in the renewal notice shall also notify the owner of the motor vehicle of the right to have the vehicle pretested pursuant to Section 44011.3 of the Health and Safety Code.
(Amended by Stats. 1998, Ch. 938, Sec. 2. Effective January 1, 1999.)
2023 California Code › Vehicle Code - VEH › DIVISION 3 - REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE › CHAPTER 1 - Original and Renewal of Registration; Issuance of Certificates of Title › ARTICLE 1 - Vehicles Subject to Registration › Section 4000.4.

4000.4. (a) Except as provided in Sections 6700, 6702, and 6703, any vehicle which is registered to a nonresident owner, and which is based in California or primarily used on California highways, shall be registered in California.
(b) For purposes of this section, a vehicle is deemed to be primarily or regularly used on the highways of this state if the vehicle is located or operated in this state for a greater amount of time than it is located or operated in any other individual state during the registration period in question.
(Amended by Stats. 1988, Ch. 1008, Sec. 2.)
2023 California Code › Vehicle Code - VEH › DIVISION 3 - REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE › CHAPTER 1 - Original and Renewal of Registration; Issuance of Certificates of Title › ARTICLE 1 - Vehicles Subject to Registration › Section 4000.5.

4000.5. (a) The department shall register an autoette, as defined in Section 175, as a motor vehicle.
(b) The owner of an autoette shall remove the license plates from the vehicle and return them to the department when the autoette is removed from a natural island, as described in Section 175.
(Added by Stats. 2006, Ch. 322, Sec. 2. Effective January 1, 2007.)