1800. (a) The department shall file each application received for
the registration of a vehicle and shall keep a record of each as
follows:
(1) Under a distinctive registration number assigned to the
vehicle.
(2) Alphabetically, under the name of the owner.
(3) Under the motor or a permanent identifying number of the
vehicle as may be determined by the department.
(4) In the discretion of the department, in any other manner it
may deem desirable.
(b) The department shall file every application for a license to
operate a motor vehicle received by it and maintain all of the
following:
(1) A suitable index containing, in alphabetical order, all
applications denied. On the applications shall be noted the reasons
for the denial.
(2) A suitable index containing, in alphabetical order, all
applications granted.
(3) A suitable index containing, in alphabetical order, the name
of every licensee whose license has been suspended or revoked by the
department or by a court and after each name notes the reasons for
the action and the period of revocation or suspension.
1801. (a) Whenever any notice, report, statement, court abstract,
or record is required to be submitted to the department by this code,
the document may be submitted to the department by electronic
transmission or other means approved by the department.
(b) All records maintained by the department may be stored in any
feasible manner, including, but not limited to, any electronic media
or any other form of data compilation.
(c) Notwithstanding any other provision of law, the records shall
be deemed original documents and shall be admissible in evidence in
all administrative, quasi-judicial, and judicial proceedings.
1801.1. (a) Notwithstanding any other provision of law, the
department may allow a person to submit any document required to be
submitted to the department by using electronic media deemed feasible
by the department instead of requiring the actual submittal of the
original document.
(b) If a signature on a document is required by law in order to
complete a transaction, and the document is submitted electronically,
that signature requirement may be met by an electronically submitted
signature, if the department retains information verifying the
identity of the person submitting the electronic signature.
(c) The department may establish minimum transaction volume
levels, audit and security standards, and technological requirements,
or terms and conditions, including methods of authentication for
electronically submitted signatures, it deems necessary for the
approval of this process.
(d) An electronically submitted document, once accepted by the
department, shall be deemed the same as an original document, and
shall be admissible in all administrative, quasi-judicial, and
judicial proceedings.
1802. Every judge of a court not of record shall keep a full record
of every case in which a person is charged with any violation of
this code.
1803. (a) (1) The clerk of a court in which a person was convicted
of a violation of this code, was convicted of a violation of
subdivision (a), (b), (c), (d), (e), or (f) of Section 655 of the
Harbors and Navigation Code pertaining to a mechanically propelled
vessel but not to manipulating any water skis, an aquaplane, or
similar device, was convicted of a violation of Section 655.2, 655.6,
658, or 658.5 of the Harbors and Navigation Code, a violation of
subdivision (a) of Section 192.5 of the Penal Code, or a violation of
subdivision (b) of Section 5387 of the Public Utilities Code, was
convicted of an offense involving use or possession of controlled
substances under Division 10 (commencing with Section 11000) of the
Health and Safety Code, was convicted of a felony offense when a
commercial motor vehicle, as defined in subdivision (b) of Section
15210, was involved in or incidental to the commission of the
offense, or was convicted of a violation of any other statute
relating to the safe operation of vehicles, shall prepare within five
days after conviction and immediately forward to the department at
its office at Sacramento an abstract of the record of the court
covering the case in which the person was so convicted. If sentencing
is not pronounced in conjunction with the conviction, the abstract
shall be forwarded to the department within five days after
sentencing and the abstract shall be certified by the person so
required to prepare it to be true and correct.
(2) For the purposes of this section, a forfeiture of bail shall
be equivalent to a conviction.
(b) The following violations are not required to be reported under
subdivision (a):
(1) Division 3.5 (commencing with Section 9840).
(2) Section 21113, with respect to parking violations.
(3) Chapter 9 (commencing with Section 22500) of Division 11,
except Section 22526.
(4) Division 12 (commencing with Section 24000), except Sections
24002, 24004, 24250, 24409, 24604, 24800, 25103, 26707, 27151, 27315,
27360, 27800, and 27801 and Chapter 3 (commencing with Section
26301).
(5) Division 15 (commencing with Section 35000), except Chapter 5
(commencing with Section 35550).
(6) Violations for which a person was cited as a pedestrian or
while operating a bicycle or a motorized scooter.
(7) Division 16.5 (commencing with Section 38000), except Sections
38301, 38301.3, 38301.5, 38304.1, and 38504.1.
(8) Subdivision (b) of Section 23221, subdivision (b) of Section
23223, subdivision (b) of Section 23225, and subdivision (b) of
Section 23226.
(c) If the court impounds a license or orders a person to limit
his or her driving pursuant to subdivision (d) of Section 40508, the
court shall notify the department concerning the impoundment or
limitation on an abstract prepared pursuant to subdivision (a) of
this section or on a separate abstract, that shall be prepared within
five days after the impoundment or limitation was ordered and
immediately forwarded to the department at its office in Sacramento.
(d) If the court determines that a prior judgment of conviction of
a violation of Section 23152 or 23153 is valid or is invalid on
constitutional grounds pursuant to Section 41403, the clerk of the
court in which the determination is made shall prepare an abstract of
that determination and forward it to the department in the same
manner as an abstract of record pursuant to subdivision (a).
(e) Within five days of an order terminating or revoking probation
under Section 23602, the clerk of the court in which the order
terminating or revoking probation was entered shall prepare and
immediately forward to the department at its office in Sacramento an
abstract of the record of the court order terminating or revoking
probation and any other order of the court to the department required
by law.
1803.3. (a) The clerk of any court that reverses a conviction for
an offense described in subdivision (a) of Section 1803, which is not
exempted under subdivision (b) of that section, shall prepare and
forward to the department at its office in Sacramento an abstract of
the record of the court covering the case in which the conviction was
reversed. In addition, if a court dismisses a charge of a violation
of Section 40508 for which a notice was given to the department
pursuant to Section 40509 or 40509.5, the court shall notify the
department of the dismissal.
(b) The abstract shall be forwarded within 30 days of the date the
judgment of reversal becomes final. The notice of dismissal shall be
given to the department not later than 30 days after the dismissal.
Within 30 days of receiving the abstract or notice, the department
shall remove any record of that conviction, or notice received
pursuant to Section 40509 or 40509.5, from the driver's record.
(c) As used in this section, "reverse" includes any action by
which a conviction is nullified or set aside.
1803.4. Any record regarding the providing of information pursuant
to Section 13106, or record of persons personally given notice by the
department or a court, by a peace officer pursuant to Section 13382
or 13388, or otherwise pursuant to this code regarding the suspension
or revocation of a person's privilege to operate a motor vehicle
shall, upon request, be provided as follows:
(a) Immediately to any peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
acting within the scope of his or her duties.
(b) Clearly stated on the record provided to any court of this
state.
1803.5. (a) In accordance with Section 41501 or 42005, the clerk of
a court or hearing officer, when a person who receives a notice to
appear at a court or board proceeding for a violation of any statute
relating to the safe operation of vehicles is granted a continuance
of the proceeding in consideration for completion of a program at a
school for traffic violators, a licensed driving school, or any other
court-approved program of driving instruction, and which results in
a dismissal of the complaint in consideration for that completion,
shall prepare an abstract of the record of the court or board
proceeding, certify the abstract to be true and correct, and cause
the abstract to be forwarded to the department at its office at
Sacramento within 10 days after the complaint is dismissed.
(b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute that
is enacted before January 1, 2012, deletes or extends the dates on
which it becomes inoperative and is repealed.
1803.5. (a) In accordance with Section 41501 or 42005, the clerk of
a court or hearing officer, when a person who receives a notice to
appear at a court or board proceeding for a violation of any statute
relating to the safe operation of vehicles is granted a continuance
of the proceeding in consideration for completion of a program at a
school for traffic violators, that results in a designation of the
conviction as confidential in consideration for that completion,
shall prepare an abstract of the record of the court or board
proceeding that indicates that the person was convicted of the
violation and ordered to complete a traffic violator program, certify
the abstract to be true and correct, and cause the abstract to be
forwarded to the department at its office at Sacramento within five
days after receiving proof that the program was completed or the due
date to which the proceeding was continued, whichever comes first.
(b) This section shall become operative on July 1, 2011.
1803.5. (a) In accordance with Section 41501 or 42005, the clerk of
a court or hearing officer, when a person who receives a notice to
appear at a court or board proceeding for a violation of any statute
relating to the safe operation of vehicles is granted a continuance
of the proceeding in consideration for completion of a program at a
school for traffic violators, that results in a designation of the
conviction as confidential in consideration for that completion,
shall prepare an abstract of the record of the court or board
proceeding that indicates that the person was convicted of the
violation and ordered to complete a traffic violator program, certify
the abstract to be true and correct, and cause the abstract to be
forwarded to the department at its office at Sacramento within five
days after receiving proof that the program was completed or the due
date to which the proceeding was continued, whichever comes first.
(b) This section shall become operative on July 1, 2011.
1804. (a) The abstract shall be made upon a form furnished or
approved by the department and shall contain all necessary
information to identify the defendant, including, but not limited to,
the person's driver's license number, name, and date of birth, the
date and nature of the offense, the vessel number, if any, of the
vessel involved in the offense, the license plate number of the
vehicle involved in the offense, the date of hearing, and the
judgment, except that in the case of infractions where the court has
not directed the department to suspend or restrict the defendant's
driver's license, only the conviction and not the judgment need be
set forth in the abstract. The abstract shall also indicate whether
the vehicle involved in the offense is a commercial motor vehicle, as
defined in subdivision (b) of Section 15210, whether the vehicle was
of a type requiring the driver to have a certificate issued pursuant
to Section 2512, 12517, 12519, 12523, or 12523.5 or any endorsement
issued pursuant to paragraph (2) or (5) of subdivision (a) of Section
15278, and whether the vehicle was transporting hazardous material
at the time of the offense, or whether the vessel involved in the
offense was a recreational vessel, as defined in subdivision (bb) of
Section 651 of the Harbors and Navigation Code.
(b) As to any abstract for which the original arrest and final
conviction was for a violation of subdivision (b), (c), (d), (e), or
(f) of Section 655 of the Harbors and Navigation Code or Section
23152 or 23153 of this code, the abstract shall contain a statement
indicating the percentage of alcohol, by weight, in the person's
blood whenever that percentage was determined by a chemical test. The
information regarding the chemical test shall be compiled if it is
available to the clerk of the court. All information required to be
compiled pursuant to this subdivision shall be kept confidential in
the records of the department pursuant to Section 1808.5. The
department may use the information for research and statistical
purposes and for determining the eligibility of any person to operate
a motor vehicle on the highways of this state. The information shall
not be released to any other public or private agency, except for
research and statistical summary purposes and, for those purposes,
the name and address of the person and any other identifying
information shall not be disclosed.
(c) The Legislature finds and declares that blood-alcohol
percentages have valuable research potential in providing statistical
summary information on impaired drivers but that a specific
blood-alcohol percentage is only an item of evidence for purposes of
criminal and licensing sanctions imposed by law. The Legislature
recognizes that the accuracy of the determination of a specific
blood-alcohol percentage is not the critical determination in a
conviction for driving under the influence of an alcoholic beverage
if the blood-alcohol percentage exceeds the statutory amount.
1805. The failure, refusal, or neglect of any such judicial officer
to comply with any of the requirements of Sections 1802, 1803, 1804
and 1816 is misconduct in office and is ground for removal therefrom.
1806. (a) The department shall file all accident reports and
abstracts of court records of convictions received under this code,
and in connection therewith, shall maintain convenient records or
make suitable notations in order that an individual record of each
license showing the convictions of the licensee and all traffic
accidents in which the individual was involved, except those where,
in the opinion of a reporting officer, another individual was at
fault, are readily ascertainable. At its discretion the department
may file and maintain these accident reports and abstracts by
electronic recording and storage media and after transcribing
electronically all available data from the accident reports and
abstracts of conviction may destroy the original documents.
Notwithstanding any other provisions of law, the recorded facts from
any electronic recording and storage device maintained by the
department shall constitute evidence of the facts in any
administrative actions instituted by the department.
(b) When the department receives notification pursuant to
subdivision (c) of Section 1872.45 of the Insurance Code, the
department shall remove from the license record of each victim any
record of his or her involvement in the accident which is the subject
of the criminal complaint.
1806.1. If a person has entered into a stipulated vehicle release
agreement pursuant to paragraph (2) of subdivision (d) of Section
14607.6, the department shall maintain a record of that fact for
seven years from the date the person signed the agreement.
1806.5. Notwithstanding Section 1808, the department shall not
furnish information filed pursuant to Section 1806 to any person if
the furnishing of that information would violate the federal Fair
Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.).
1807. (a) The department is not required to maintain records
relating to drivers of motor vehicles after the records are, in the
opinion of the director, no longer necessary, except as follows:
(1) Records of convictions shall be maintained so long as they may
form the basis of license suspensions or revocations as prior
convictions or with other records of conviction constitute a person a
"negligent driver."
(2) Records of convictions of violating Section 38301.3 shall be
maintained for seven years.
(b) Records that are not required to be maintained may be
destroyed with the approval of the Department of General Services.
1807.5. (a) Notwithstanding Section 1808, any record of the
department of a conviction of Section 23103 as specified in Section
23103.5, or of a conviction of Section 23152 or 23153 which occurred
before January 1, 1987, is not a public record on and after a date
which is five years after the date of conviction of that offense, and
the department shall, thereafter, make any information relating to
that conviction available only to persons authorized by law to
receive the information.
(b) For the purposes of this section, "persons authorized by law
to receive the information" means any of the following:
(1) The courts of the state.
(2) Peace officers, as defined in Section 830.1 of the Penal Code;
subdivision (a) of Section 830.2 of the Penal Code; subdivisions
(a), (b), and (j) of Section 830.3 of the Penal Code; and
subdivisions (a), (b), and (c) of Section 830.5 of the Penal Code.
(3) The Attorney General.
(4) District attorneys of any county within the state.
(5) Prosecuting city attorneys of any city within the state.
(6) Probation officers of any city or county of the state.
(7) Parole officers of any city or county of the state.
1808. (a) Except where a specific provision of law prohibits the
disclosure of records or information or provides for confidentiality,
all records of the department relating to the registration of
vehicles, other information contained on an application for a driver'
s license, abstracts of convictions, and abstracts of accident
reports required to be sent to the department in Sacramento, except
for abstracts of accidents where, in the opinion of a reporting
officer, another individual was at fault, shall be open to public
inspection during office hours. All abstracts of accident reports
shall be available to law enforcement agencies and courts of
competent jurisdiction.
(b) The department shall make available or disclose abstracts of
convictions and abstracts of accident reports required to be sent to
the department in Sacramento, as described in subdivision (a), if the
date of the occurrence is not later than the following:
(1) Ten years for a violation pursuant to Section 23140, 23152, or
23153.
(2) Seven years for a violation designated as two points pursuant
to Section 12810, except as provided in paragraph (1) of this
subdivision.
(3) Three years for accidents and all other violations.
(c) The department shall make available or disclose suspensions
and revocations of the driving privilege while the suspension or
revocation is in effect and for three years following termination of
the action or reinstatement of the privilege, except that driver's
license suspension actions taken pursuant to Sections 13202.6 and
13202.7, or Section 256 or 11350.6 of the Welfare and Institutions
Code shall be disclosed only during the actual time period in which
the suspension is in effect.
(d) The department shall not make available or disclose a
suspension or revocation that has been judicially set aside or
stayed.
(e) The department shall not make available or disclose personal
information about a person unless the disclosure is in compliance
with the Driver's Privacy Protection Act of 1994 (18 U.S.C. Sec. 2721
et seq.). However, a disclosure is subject to the prohibition in
paragraph (2) of subdivision (a) of Section 12800.5.
(f) The department shall make available or disclose to the courts
and law enforcement agencies a conviction of Section 23103, as
specified in Section 23103.5, or a conviction of Section 23140,
23152, or 23153, or Section 655 of the Harbors and Navigation Code,
or paragraph (1) of subdivision (c) of Section 192 of the Penal Code
for a period of 10 years from the date of the offense for the purpose
of imposing penalties mandated by this code, or by other applicable
provisions of California law.
(g) The department shall make available or disclose to the courts
and law enforcement agencies a conviction of Section 191.5, or
subdivision (a) of Section 192.5 of the Penal Code, punished as a
felony, for the purpose of imposing penalties mandated by Section
23550.5, or by other applicable provisions of California law.
1808.1. (a) The prospective employer of a driver who drives a
vehicle specified in subdivision (k) shall obtain a report showing
the driver's current public record as recorded by the department. For
purposes of this subdivision, a report is current if it was issued
less than 30 days prior to the date the employer employs the driver.
The report shall be reviewed, signed, and dated by the employer and
maintained at the employer's place of business until receipt of the
pull-notice system report pursuant to subdivisions (b) and (c). These
reports shall be presented upon request to an authorized
representative of the Department of the California Highway Patrol
during regular business hours.
(b) The employer of a driver who drives a vehicle specified in
subdivision (k) shall participate in a pull-notice system, which is a
process for the purpose of providing the employer with a report
showing the driver's current public record as recorded by the
department, and any subsequent convictions, failures to appear,
accidents, driver's license suspensions, driver's license
revocations, or any other actions taken against the driving privilege
or certificate, added to the driver's record while the employer's
notification request remains valid and uncanceled. As used in this
section, participation in the pull-notice system means obtaining a
requester code and enrolling all employed drivers who drive a vehicle
specified in subdivision (k) under that requester code.
(c) The employer of a driver of a vehicle specified in subdivision
(k) shall, additionally, obtain a periodic report from the
department at least every 12 months. The employer shall verify that
each employee's driver's license has not been suspended or revoked,
the employee's traffic violation point count, and whether the
employee has been convicted of a violation of Section 23152 or 23153.
The report shall be signed and dated by the employer and maintained
at the employer's principal place of business. The report shall be
presented upon demand to an authorized representative of the
Department of the California Highway Patrol during regular business
hours.
(d) Upon the termination of a driver's employment, the employer
shall notify the department to discontinue the driver's enrollment in
the pull-notice system.
(e) For the purposes of the pull-notice system and periodic report
process required by subdivisions (b) and (c), an owner, other than
an owner-operator as defined in Section 34624, and an employer who
drives a vehicle described in subdivision (k) shall be enrolled as if
he or she were an employee. A family member and a volunteer driver
who drives a vehicle described in subdivision (k) shall also be
enrolled as if he or she were an employee.
(f) An employer who, after receiving a driving record pursuant to
this section, employs or continues to employ as a driver a person
against whom a disqualifying action has been taken regarding his or
her driving privilege or required driver's certificate, is guilty of
a public offense, and upon conviction thereof, shall be punished by
confinement in a county jail for not more than six months, by a fine
of not more than one thousand dollars ($1,000), or by both that
confinement and fine.
(g) As part of its inspection of bus maintenance facilities and
terminals required at least once every 13 months pursuant to
subdivision (c) of Section 34501, the Department of the California
Highway Patrol shall determine whether each transit operator, as
defined in Section 99210 of the Public Utilities Code, is then in
compliance with this section and Section 12804.6, and shall certify
each operator found to be in compliance. Funds shall not be allocated
pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of
Division 10 of the Public Utilities Code to a transit operator that
the Department of the California Highway Patrol has not certified
pursuant to this section.
(h) (1) A request to participate in the pull-notice system
established by this section shall be accompanied by a fee determined
by the department to be sufficient to defray the entire actual cost
to the department for the notification service. For the receipt of
subsequent reports, the employer shall also be charged a fee
established by the department pursuant to Section 1811. An employer
who qualifies pursuant to Section 1812 shall be exempt from any fee
required pursuant to this section. Failure to pay the fee shall
result in automatic cancellation of the employer's participation in
the notification services.
(2) A regularly organized fire department, having official
recognition of the city, county, city and county, or district in
which the department is located, shall participate in the pull-notice
program and shall not be subject to the fee established pursuant to
this subdivision.
(i) The department, as soon as feasible, may establish an
automatic procedure to provide the periodic reports to an employer by
mail or via an electronic delivery method, as required by
subdivision (c), on a regular basis without the need for individual
requests.
(j) (1) The employer of a driver who is employed as a casual
driver is not required to enter that driver's name in the pull-notice
system, as otherwise required by subdivision (a). However, the
employer of a casual driver shall be in possession of a report of the
driver's current public record as recorded by the department, prior
to allowing a casual driver to drive a vehicle specified in
subdivision (k). A report is current if it was issued less than six
months prior to the date the employer employs the driver.
(2) For the purposes of this subdivision, a driver is employed as
a casual driver when the employer has employed the driver less than
30 days during the preceding six months. "Casual driver" does not
include a driver who operates a vehicle that requires a passenger
transportation endorsement.
(k) This section applies to a vehicle for the operation of which
the driver is required to have a class A or class B driver's license,
a class C license with a hazardous materials endorsement, a class C
license issued pursuant to Section 12814.7, or a certificate issued
pursuant to Section 12517, 12519, 12520, 12523, 12523.5, or 12527, or
a passenger vehicle having a seating capacity of not more than 10
persons, including the driver, operated for compensation by a
charter-party carrier of passengers or passenger stage corporation
pursuant to a certificate of public convenience and necessity or a
permit issued by the Public Utilities Commission.
(l) This section shall not be construed to change the definition
of "employer," "employee," or "independent contractor" for any
purpose.
(m) A motor carrier who contracts with a person to drive a vehicle
described in subdivision (k) that is owned by, or leased to, that
motor carrier, shall be subject to subdivisions (a), (b), (c), (d),
(f), (j), (k), and (l) and the employer obligations in those
subdivisions.
1808.2. In addition to those specified in Section 1808.4, the home
address of any inspector or investigator regularly employed and paid
as such in the office of a district attorney or any peace officer
employee of the Board of Prison Terms appearing in any record of the
department is confidential.
1808.21. (a) Any residence address in any record of the department
is confidential and shall not be disclosed to any person, except a
court, law enforcement agency, or other government agency, or as
authorized in Section 1808.22 or 1808.23.
(b) Release of any mailing address or part thereof in any record
of the department may be restricted to a release for purposes related
to the reasons for which the information was collected, including,
but not limited to, the assessment of driver risk, or ownership of
vehicles or vessels. This restriction does not apply to a release to
a court, a law enforcement agency, or other governmental agency, or a
person who has been issued a requester code pursuant to Section
1810.2.
(c) Any person providing the department with a mailing address
shall declare, under penalty of perjury, that the mailing address is
a valid, existing, and accurate mailing address and shall consent to
receive service of process pursuant to subdivision (b) of Section
415.20, subdivision (a) of Section 415.30, and Section 416.90 of the
Code of Civil Procedure at the mailing address.
(d) (1) Any registration or driver's license record of a person
may be suppressed from any other person, except those persons
specified in subdivision (a), if the person requesting the
suppression submits either of the following:
(A) A certificate or identification card issued to the person as a
program participant by the Secretary of State pursuant to Chapter
3.1 (commencing with Section 6205) of Division 7 of Title 1 of the
Government Code.
(B) Verification acceptable to the department that he or she has
reasonable cause to believe either of the following:
(i) That he or she is the subject of stalking, as specified in
Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code.
(ii) That there exists a threat of death or great bodily injury to
his or her person, as defined in Section 12022.7 of the Penal Code.
(2) Upon suppression of a record, each request for information
about that record shall be authorized by the subject of the record or
verified as legitimate by other investigative means by the
department before the information is released.
(e) (1) The suppression of a record pursuant to a verification
under subparagraph (B) of paragraph (1) of subdivision (d) shall
occur for one year after approval by the department. Not less than 60
days prior to the date the suppression of the record would otherwise
expire, the department shall notify the subject of the record of its
impending expiration. The suppression may be continued for two
additional periods of one year each if a letter is submitted to the
department stating that the person continues to have a reasonable
cause to believe that he or she is the subject of stalking or that
there exists a threat of death or great bodily injury as described in
subparagraph (B) of paragraph (1) of subdivision (d). The
suppression may be additionally continued at the end of the second
one-year period by submitting verification acceptable to the
department. The notification described in this subdivision shall
instruct the person of the method to reapply for record suppression.
(2) The suppression of a record made in accordance with the
submission of a certificate or identification card under subparagraph
(A) of paragraph (1) of subdivision (d) shall occur for four years
following the submission of the certificate or identification card
described in this paragraph. The suppression may be continued for an
additional four-year period, and for subsequent four-year periods,
upon the submission of a current certificate or identification card
described in this paragraph.
(f) For the purposes of subdivisions (d) and (e), "verification
acceptable to the department" means recent police reports, court
documentation, or other documentation from a law enforcement agency.
1808.22. (a) Section 1808.21 does not apply to a financial
institution licensed by the state or federal government to do
business in the State of California, if the financial institution
states under penalty of perjury that it has obtained a written waiver
of Section 1808.21 signed by the individual whose address is
requested, or to providing the address of a person who has entered
into an agreement held by that institution prior to July 1, 1990, so
long as that agreement remains in effect.
(b) (1) Section 1808.21 does not apply to an insurance company
licensed to do business in California, or to an authorized contractor
acting on behalf of that insurance company, pursuant to a
contractual agreement, if the company or contractor, under penalty of
perjury, requests the information for the purpose of obtaining the
address of another motorist or vehicle owner involved in an accident
with the company's insured.
(2) Section 1808.21 does not apply to an insurance company
licensed to do business in California if the company, under penalty
of perjury, requests the information on an individual who has signed
a written waiver of Section 1808.21 or on the individuals insured
under a policy if a named insured of that policy has signed a written
waiver.
(c) (1) Notwithstanding any other provisions of the Vehicle Code
and regulations adopted by the department, all information obtained
from the department pursuant to the exemptions in subdivision (b)
shall be subject to the existing use or disclosure limitations and
data security requirements for the principal under applicable state
and federal law.
(2) Use or disclosure limitations and data security requirements
imposed on an authorized contractor by this subdivision shall be
enforced by the department in compliance with its existing
regulations governing the use or disclosure of information obtained
from the department pursuant to subdivision (b).
(3) The use or disclosure of information obtained from the
department by an authorized contractor of the insurance company
pursuant to paragraph (1) of subdivision (b) shall be permitted only
for the purpose of obtaining the address of another motorist or
vehicle owner involved in an accident with the company's insured. The
information shall not be used or disclosed for any other purpose,
other than the reason for which the information was requested, or to
any other person.
(4) An insurance company shall be responsible for any misuse of
the information by the authorized contractor.
(5) An authorized contractor is subject to all of the following
requirements:
(A) All information obtained by the contractor from the department
pursuant to paragraph (1) of subdivision (b), and any copies made of
that information, shall be destroyed by the contractor pursuant to
Section 1798.81 of the Civil Code, once the contractor has used the
information for the purpose of obtaining the address of a motorist or
vehicle owner involved in an accident with individuals insured with
the insurer.
(B) The contractor shall not sell the information obtained from
the department or store, combine, or link that information with a
database for resale or for any purpose other than obtaining the
address of a motorist or vehicle owner involved in an accident with
individuals insured with the insurer.
(C) The contractor shall maintain a log to track the receipt, use,
and dissemination of the information. The log shall be immediately
available to the department upon request and maintained for four
years from the date of the request.
(D) The contractor shall maintain a surety bond in the amount of
fifty thousand dollars ($50,000), consistent with subdivision (c) of
Section 1810.2 and Section 350.24 of Title 13 of the California Code
of Regulations.
(E) A contractor that violates this section shall be liable to the
department for civil penalties up to the amount of one hundred
thousand dollars ($100,000), and, if the contractor is a commercial
requester pursuant to Section 1810.2, the contractor shall also have
his or her requester code suspended for a period of five years, or
revoked, pursuant to Section 1808.46.
(d) Section 1808.21 does not apply to an attorney if the attorney
states, under penalty of perjury, that the motor vehicle or vessel
registered owner or driver residential address information is
necessary in order to represent his or her client in a criminal or
civil action that directly involves the use of the motor vehicle or
vessel that is pending, is to be filed, or is being investigated.
Information requested pursuant to this subdivision is subject to all
of the following:
(1) The attorney shall state that the criminal or civil action
that is pending, is to be filed, or is being investigated relates
directly to the use of that motor vehicle or vessel.
(2) The case number, if any, or the names of expected parties to
the extent they are known to the attorney requesting the information,
shall be listed on the request.
(3) A residence address obtained from the department shall not be
used for any purpose other than in furtherance of the case cited or
action to be filed or that is being investigated.
(4) If an action is not filed within a reasonable time, the
residence address information shall be destroyed.
(5) An attorney shall not request residential address information
pursuant to this subdivision in order to sell the information to a
person.
(6) Within 10 days of receipt of a request, the department shall
notify every individual whose residence address has been requested
pursuant to this subdivision.
(e) A knowing violation of paragraph (1), (2), (3), (4), or (5) of
subdivision (d) is a misdemeanor. A knowing violation of paragraph
(1), (2), (3), (4), or (5) of subdivision (d) in furtherance of
another crime is subject to the same penalties as that other crime.
1808.23. (a) Section 1808.21 does not apply to a vehicle
manufacturer licensed to do business in this state if the
manufacturer, or its agent, under penalty of perjury, requests and
uses the information only for the purpose of safety, warranty,
including a warranty issued in compliance with Section 1795.92 of the
Civil Code, emission, or product recall if the manufacturer offers
to make and makes any changes at no cost to the vehicle owner.
(b) Section 1808.21 does not apply to a dealer licensed to do
business in this state if the dealer, or its agent, under penalty of
perjury, requests and uses the information only for the purpose of
completing registration transactions and documents.
(c) Section 1808.21 does not apply to a person who, under penalty
of perjury, requests and uses the information as permitted under
subdivision (h) of Section 1798.24 of the Civil Code, if the request
specifies that no persons will be contacted by mail or otherwise at
the address included with the information released. The information
released by the department under this subdivision shall not be in a
form that identifies any person.
(d) Residential addresses released shall not be used for direct
marketing or solicitation for the purchase of any consumer product or
service.
1808.24. Information regarding any motor vehicle liability
insurance policy or surety bond provided to the department pursuant
to Section 4000.37 or provided electronically is confidential and
shall not be disclosed to any person, except to the following:
(a) A court of competent jurisdiction.
(b) A law enforcement or other governmental agency.
(c) An insurance company or its assigns to verify a record the
company or its assigns previously submitted to the department.
(d) A person whose vehicle or property has been involved in an
accident reported to the department, or who suffered bodily injury or
death in an accident reported to the department, pursuant to Chapter
1 (commencing with Section 16000) of Division 7, or the person's
authorized representative, employer, parent, or legal guardian.
1808.25. (a) The department shall implement a program to provide
residence address information to an accredited degree-granting
nonprofit independent institution of higher education incorporated in
the state, that has concluded a memorandum of understanding pursuant
to subdivision (b) of Section 830.7 of the Penal Code if, under
penalty of perjury, the institution requests and uses the information
solely for the purpose of enforcing parking restrictions.
(b) The memorandum of understanding executed by the sheriff or
chief of police within whose jurisdiction the independent institution
is located shall expressly permit the institution to enforce parking
restrictions pursuant to subdivision (b) of Section 830.7 of the
Penal Code. For the purposes of this subdivision, a participating
institution shall enter into a contractual agreement with the
department that, at a minimum, requires the institution to do all of
the following:
(1) Establish and maintain procedures, to the satisfaction of the
department, for persons to contest parking violation notices issued
by the institution.
(2) Remit a fee, as determined by the department, to cover the
department's costs of providing each address to the institution.
(3) Agree that access to confidential residence address
information from the department's vehicle registration database will
be provided only through an approved commercial requester account.
(4) Establish and maintain a system that ensures that confidential
address information obtained from the department is used solely for
the purpose specified in subdivision (a).
(c) The director may terminate a contract authorized by
subdivision (b) at any time the department determines that the
independent institution of higher education fails to maintain
adequate safeguards to ensure that the operation of the program does
not adversely affect those individuals whose records are maintained
in the department's files, or that the information is used for any
purpose other than that specified in subdivision (a).
(d) Sections 1808.45, 1808.46, and 1808.47 are applicable to
persons who obtain department records pursuant to this section and
the department may pursue any appropriate civil or criminal action
against any individual at an independent institution who violates the
provisions of this section.
(e) For purposes of this article only, any confidential
information obtained from the department for administration or
enforcement of this article shall be held confidential, except to the
extent necessary for the enforcement of parking restrictions, and
may not be used for any purpose other than the administration or
enforcement of parking restrictions.
1808.4. (a) For all of the following persons, his or her home
address that appears in a record of the department is confidential if
the person requests the confidentiality of that information:
(1) Attorney General.
(2) State Public Defender.
(3) A Member of the Legislature.
(4) A judge or court commissioner.
(5) A district attorney.
(6) A public defender.
(7) An attorney employed by the Department of Justice, the office
of the State Public Defender, or a county office of the district
attorney or public defender.
(8) A city attorney and an attorney who submits verification from
his or her public employer that the attorney represents the city in
matters that routinely place the attorney in personal contact with
persons under investigation for, charged with, or convicted of,
committing criminal acts, if that attorney is employed by a city
attorney.
(9) A nonsworn police dispatcher.
(10) A child abuse investigator or social worker, working in child
protective services within a social services department.
(11) An active or retired peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal
Code.
(12) An employee of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, or the Prison
Industry Authority specified in Sections 20403 and 20405 of the
Government Code.
(13) A nonsworn employee of a city police department, a county
sheriff's office, the Department of the California Highway Patrol, a
federal, state, or local detention facility, or a local juvenile
hall, camp, ranch, or home, who submits agency verification that, in
the normal course of his or her employment, he or she controls or
supervises inmates or is required to have a prisoner in his or her
care or custody.
(14) A county counsel assigned to child abuse cases.
(15) An investigator employed by the Department of Justice, a
county district attorney, or a county public defender.
(16) A member of a city council.
(17) A member of a board of supervisors.
(18) A federal prosecutor, criminal investigator, or National Park
Service Ranger working in this state.
(19) An active or retired city enforcement officer engaged in the
enforcement of the Vehicle Code or municipal parking ordinances.
(20) An employee of a trial court.
(21) A psychiatric social worker employed by a county.
(22) A police or sheriff department employee designated by the
Chief of Police of the department or the sheriff of the county as
being in a sensitive position. A designation pursuant to this
paragraph shall, for purposes of this section, remain in effect for
three years subject to additional designations that, for purposes of
this section, shall remain in effect for additional three-year
periods.
(23) A state employee in one of the following classifications:
(A) Licensing Registration Examiner, Department of Motor Vehicles.
(B) Motor Carrier Specialist 1, Department of the California
Highway Patrol.
(C) Museum Security Officer and Supervising Museum Security
Officer.
(24) (A) The spouse or child of a person listed in paragraphs (1)
to (23), inclusive, regardless of the spouse's or child's place of
residence.
(B) The surviving spouse or child of a peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code, if the peace officer died in the line of duty.
(C) (i) Subparagraphs (A) and (B) shall not apply if the person
listed in those subparagraphs was convicted of a crime and is on
active parole or probation.
(ii) For requests made on or after January 1, 2011, the person
requesting confidentiality for their spouse or child listed in
subparagraph (A) or (B) shall declare, at the time of the request for
confidentiality, whether the spouse or child has been convicted of a
crime and is on active parole or probation.
(iii) Neither the listed person's employer nor the department
shall be required to verify, or be responsible for verifying, that a
person listed in subparagraph (A) or (B) was convicted of a crime and
is on active parole or probation.
(b) The confidential home address of a person listed in
subdivision (a) shall not be disclosed, except to any of the
following:
(1) A court.
(2) A law enforcement agency.
(3) The State Board of Equalization.
(4) An attorney in a civil or criminal action that demonstrates to
a court the need for the home address, if the disclosure is made
pursuant to a subpoena.
(5) A governmental agency to which, under any provision of law,
information is required to be furnished from records maintained by
the department.
(c) (1) A record of the department containing a confidential home
address shall be open to public inspection, as provided in Section
1808, if the address is completely obliterated or otherwise removed
from the record.
(2) Following termination of office or employment, a confidential
home address shall be withheld from public inspection for three
years, unless the termination is the result of conviction of a
criminal offense. If the termination or separation is the result of
the filing of a criminal complaint, a confidential home address shall
be withheld from public inspection during the time in which the
terminated individual may file an appeal from termination, while an
appeal from termination is ongoing, and until the appeal process is
exhausted, after which confidentiality shall be at the discretion of
the employing agency if the termination or separation is upheld. Upon
reinstatement to an office or employment, the protections of this
section are available.
(3) With respect to a retired peace officer, his or her home
address shall be withheld from public inspection permanently upon
request of confidentiality at the time the information would
otherwise be opened. The home address of the surviving spouse or
child listed in subparagraph (B) of paragraph (24) of subdivision (a)
shall be withheld from public inspection for three years following
the death of the peace officer.
(4) The department shall inform a person who requests a
confidential home address what agency the individual whose address
was requested is employed by or the court at which the judge or court
commissioner presides.
(d) A violation of subdivision (a) by the disclosure of the
confidential home address of a peace officer, as specified in
paragraph (11) of subdivision (a), a nonsworn employee of the city
police department or county sheriff's office, or the spouses or
children of these persons, including, but not limited to, the
surviving spouse or child listed in subparagraph (B) of paragraph
(24) of subdivision (a), that results in bodily injury to the peace
officer, employee of the city police department or county sheriff's
office, or the spouses or children of these persons is a felony.
1808.45. The willful, unauthorized disclosure of information from
any department record to any person, or the use of any false
representation to obtain information from a department record or any
use of information obtained from any department record for a purpose
other than the one stated in the request or the sale or other
distribution of the information to a person or organization for
purposes not disclosed in the request is a misdemeanor, punishable by
a fine not exceeding five thousand dollars ($5,000) or by
imprisonment in the county jail not exceeding one year, or both fine
and imprisonment.
1808.46. No person or agent shall directly or indirectly obtain
information from the department files using false representations or
distribute restricted or confidential information to any person or
use the information for a reason not authorized or specified in a
requester code application. Any person who violates this section, in
addition to any other penalty provided in this code, is liable to the
department for civil penalties up to one hundred thousand dollars
($100,000) and shall have its requester code privileges suspended for
a period of up to five years, or revoked. The regulatory agencies
having jurisdiction over any licensed person receiving information
pursuant to this chapter shall implement procedures to review the
procedures of any licensee which receives information to ensure
compliance with the limitations on the use of information as part of
the agency's regular oversight of the licensees. The agency shall
report noncompliance to the department.
1808.47. Any person who has access to confidential or restricted
information from the department shall establish procedures to protect
the confidentiality of those records. If any confidential or
restricted information is released to any agent of a person
authorized to obtain information, the person shall require the agent
to take all steps necessary to ensure confidentiality and prevent the
release of any information to a third party. No agent shall obtain
or use any confidential or restricted records for any purpose other
than the reason the information was requested.
1808.5. Except as provided in Section 22511.58, all records of the
department relating to the physical or mental condition of any
person, and convictions of any offense involving the use or
possession of controlled substances under Division 10 (commencing
with Section 11000) of the Health and Safety Code not arising from
circumstances involving a motor vehicle, are confidential and not
open to public inspection.
1808.6. (a) In addition to those specified in Section 1808.4, the
home address of any of the following persons, that appears in any
record of the department, is confidential, if the person requests the
confidentiality of that information:
(1) The chairperson, executive officer, commissioners, and deputy
commissioners of the Board of Prison Terms.
(2) The chairperson, members, executive director, and hearing
representatives of the Youthful Offender Parole Board.
(3) The spouse or children of persons listed in this section,
regardless of the spouse's or child's place of residence.
(b) The confidential home address of any of the persons listed in
subdivision (a) shall not be disclosed to any person, except a court,
a law enforcement agency, the State Board of Equalization, or any
governmental agency to which, under any provision of law, information
is required to be furnished from records maintained by the
department.
(c) Any record of the department containing a confidential home
address shall be open to public inspection, as provided in Section
1808, if the address is completely obliterated or otherwise removed
from the record. The home address shall be withheld from public
inspection for three years following termination of office or
employment, except with respect to retired peace officers, whose home
addresses shall be withheld from public inspection permanently upon
request of confidentiality at the time the information would
otherwise be opened. The department shall inform any person who
requests a confidential home address of the name of the agency that
employs the individual whose address was requested.
1808.7. (a) The record of the department relating to the first
proceeding and dismissal under Section 1803.5 in any 18-month period
for participation by a person in a licensed school for traffic
violators, a licensed driving school, or any other court-approved
program of driving instruction, is confidential, shall not be
disclosed to any person, except a court, and shall be used only for
statistical purposes by the department.
(b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute that
is enacted before January 1, 2012, deletes or extends the dates on
which it becomes inoperative and is repealed.
1808.7. (a) The record of the department relating to the first
proceeding and conviction under Section 1803.5 in any 18-month period
for completion of a traffic violator school program is confidential,
shall not be disclosed to any person, except a court and as provided
for in subdivision (b), and shall be used only for statistical
purposes by the department. No violation point count shall be
assessed pursuant to Section 12810 if the conviction is confidential.
(b) The record of a conviction described in subdivision (a) shall
not be confidential if any of the following circumstances applies:
(1) The person convicted holds a commercial driver's license as
defined by Section 15210.
(2) The person convicted holds a commercial driver's license in
another state, in accordance with Part 383 of Title 49 of the Code of
Federal Regulations.
(3) The violation occurred in a commercial motor vehicle, as
defined in subdivision (b) of Section 15210.
(4) The conviction would result in a violation point count of more
than one point pursuant to Section 12810.
(c) This section shall become operative on July 1, 2011.
1808.7. (a) The record of the department relating to the first
proceeding and conviction under Section 1803.5 in any 18-month period
for completion of a traffic violator school program is confidential,
shall not be disclosed to any person, except a court and as provided
for in subdivision (b), and shall be used only for statistical
purposes by the department. No violation point count shall be
assessed pursuant to Section 12810 if the conviction is confidential.
(b) The record of a conviction described in subdivision (a) shall
not be confidential if any of the following circumstances applies:
(1) The person convicted holds a commercial driver's license as
defined by Section 15210.
(2) The person convicted holds a commercial driver's license in
another state, in accordance with Part 383 of Title 49 of the Code of
Federal Regulations.
(3) The violation occurred in a commercial motor vehicle, as
defined in subdivision (b) of Section 15210.
(4) The conviction would result in a violation point count of more
than one point pursuant to Section 12810.
(c) This section shall become operative on July 1, 2011.
1808.8. (a) Dismissal of any driver certified pursuant to Section
12517, 12523, or 12523.5, for a cause relating to pupil
transportation safety, shall be reported by the carrier to the
department within five days of the dismissal date.
(b) Reinstatement of any driver whose dismissal has been reported
under subdivision (a) shall be reported by the carrier to the
department within five days of the reinstatement date.
1808.9. (a) Except for retired peace officers whose home address is
permanently withheld from public inspection under subdivision (c) of
Section 1808.4 or subdivision (c) of Section 1808.6, a person whose
home address is confidential in any record of the department under
Section 1808.2, 1808.4, or 1808.6 may be required by the department
to demonstrate his or her continued eligibility for that
confidentiality upon renewal of a driver's license or identification
card issued by the department. Not later than 90 days prior to the
expiration of a driver's license or identification card, the
department shall notify the person whose record is confidential of
any requirement to demonstrate the continued eligibility.
(b) A person whose driver's license or identification card is
renewed within one year of the first request for address
confidentiality under this section shall not be required to
demonstrate his or her eligibility for that confidentially again
until the subsequent renewal.
1809. The department may prepare and disseminate information
relating to prevention of traffic accidents.
1810. (a) Except as provided in Sections 1806.5, 1808.2, 1808.4,
1808.5, 1808.6, 1808.7, 1808.8, and paragraph (2) of subdivision (a)
of Section 12800.5, the department may permit inspection of, or sell,
or both, information from its records concerning the registration of
any vehicle or information from the files of drivers' licenses at a
charge sufficient to pay at least the actual cost to the department
for providing the inspection or sale of the information, including,
but not limited to, costs incurred by the department in carrying out
subdivision (b), with the charge for the information to be determined
by the director. This section does not apply to statistical
information of the type previously compiled and distributed by the
department.
(b) (1) With respect to the inspection or sale of information
concerning the registration of any vehicle or of information from the
files of drivers' licenses, the department shall establish, by
regulation, administrative procedures under which any person making a
request for that information shall be required to identify himself
or herself and state the reason for making the request. The
procedures shall provide for the verification of the name and address
of the person making a request for the information, and the
department may require the person to produce that information as it
determines is necessary to ensure that the name and address of the
person is the true name and address. The procedures may provide for a
10-day delay in the release of the requested information. The
procedures shall also provide for notification to the person to whom
the information primarily relates, as to what information was
provided and to whom it was provided. The department shall establish,
by regulation, a reasonable period of time for which a record of all
the foregoing shall be maintained.
(2) The procedures required by this subdivision do not apply to
any governmental entity, any person who has applied for and has been
issued a requester code by the department, or any court of competent
jurisdiction.
(c) With respect to the inspection or sale of information from the
files of drivers' licenses, the department may require both the full
name of the driver and either the driver's license number or date of
birth as identifying points of the record, except that the
department may disclose a record without two identifying points if
the department determines that the public interest in disclosure
outweighs the public interest in personal privacy.
(d) With respect to the inspection or sale of information from the
files of drivers' licenses, certificates of ownership, and
registration cards, the department may not allow, for a fee or
otherwise, copying by the public.
1810.2. (a) The department may establish commercial requester
accounts for individuals or organizations and issue requester codes
for the purpose of obtaining information from the department's files,
except as prohibited by Section 1808.21.
(b) Commercial requester account applications shall include the
requester's name, address, type of business, a specific reason for
requesting information, and the name of the person responsible for
the business or firm.
(c) The department shall establish a commercial requester account
when it determines that the applicant has a legitimate business need
for the information requested and when the applicant files a bond in
the amount of fifty thousand dollars ($50,000) and pays a two hundred
fifty dollar ($250) filing fee. If the applicant does not request
and is not issued a requester code permitting the applicant access to
residence address information, only a filing fee of fifty dollars
($50) shall be required with the original application and each
biennial renewal application.
(d) An individual requester code shall be issued for a period not
to exceed five years and may be renewed upon application for
additional periods not to exceed five years each.
(e) A requester code may be denied to any person unless the
proposed use of the information from department records is related to
legitimate business or commercial purposes of that person. A
requester code may be canceled immediately if the requested
information is used for a purpose other than the purpose for which
the requester code was issued.
1810.3. (a) Using the information made available in the accident
reports provided to the department by law enforcement agencies under
Section 20012, the department may provide information consisting of
the following, for each vehicle that is included in those reports:
(1) The license plate number.
(2) The accident report number.
(b) Notwithstanding Section 16005, 20012, or 20014, or any other
provision of law, the department may make the information available
to a person who has done both of the following:
(1) Established a commercial requester account under Section
1810.2.
(2) Entered into an agreement described under subdivision (c).
(c) The department shall not provide information under this
section unless the person requesting the information has entered into
an agreement with the department that includes the following
stipulations:
(1) The information provided may not be used for the purpose of
identifying or contacting any person or for any other purpose, except
as specified in paragraph (2).
(2) The information may be used only to identify a vehicle that
has been reported to be in a traffic accident.
(3) The law enforcement agency accident report number and license
plate number provided under this section shall be used only for the
internal verification purposes of the business that receives the
information and may not be disclosed to any party other than the
department or the Department of the California Highway Patrol.
(4) The requester agrees to investigate and promptly correct any
error that is brought to its attention.
(d) Use of the information provided under this section in
violation of paragraph (1), (2), or (3) of subdivision (c) is a
violation of Sections 1808.45 and 1808.46.
1810.5. The Attorney General, district atto
1800. (a) The department shall file each application received for
the registration of a vehicle and shall keep a record of each as
follows:
(1) Under a distinctive registration number assigned to the
vehicle.
(2) Alphabetically, under the name of the owner.
(3) Under the motor or a permanent identifying number of the
vehicle as may be determined by the department.
(4) In the discretion of the department, in any other manner it
may deem desirable.
(b) The department shall file every application for a license to
operate a motor vehicle received by it and maintain all of the
following:
(1) A suitable index containing, in alphabetical order, all
applications denied. On the applications shall be noted the reasons
for the denial.
(2) A suitable index containing, in alphabetical order, all
applications granted.
(3) A suitable index containing, in alphabetical order, the name
of every licensee whose license has been suspended or revoked by the
department or by a court and after each name notes the reasons for
the action and the period of revocation or suspension.
1801. (a) Whenever any notice, report, statement, court abstract,
or record is required to be submitted to the department by this code,
the document may be submitted to the department by electronic
transmission or other means approved by the department.
(b) All records maintained by the department may be stored in any
feasible manner, including, but not limited to, any electronic media
or any other form of data compilation.
(c) Notwithstanding any other provision of law, the records shall
be deemed original documents and shall be admissible in evidence in
all administrative, quasi-judicial, and judicial proceedings.
1801.1. (a) Notwithstanding any other provision of law, the
department may allow a person to submit any document required to be
submitted to the department by using electronic media deemed feasible
by the department instead of requiring the actual submittal of the
original document.
(b) If a signature on a document is required by law in order to
complete a transaction, and the document is submitted electronically,
that signature requirement may be met by an electronically submitted
signature, if the department retains information verifying the
identity of the person submitting the electronic signature.
(c) The department may establish minimum transaction volume
levels, audit and security standards, and technological requirements,
or terms and conditions, including methods of authentication for
electronically submitted signatures, it deems necessary for the
approval of this process.
(d) An electronically submitted document, once accepted by the
department, shall be deemed the same as an original document, and
shall be admissible in all administrative, quasi-judicial, and
judicial proceedings.
1802. Every judge of a court not of record shall keep a full record
of every case in which a person is charged with any violation of
this code.
1803. (a) (1) The clerk of a court in which a person was convicted
of a violation of this code, was convicted of a violation of
subdivision (a), (b), (c), (d), (e), or (f) of Section 655 of the
Harbors and Navigation Code pertaining to a mechanically propelled
vessel but not to manipulating any water skis, an aquaplane, or
similar device, was convicted of a violation of Section 655.2, 655.6,
658, or 658.5 of the Harbors and Navigation Code, a violation of
subdivision (a) of Section 192.5 of the Penal Code, or a violation of
subdivision (b) of Section 5387 of the Public Utilities Code, was
convicted of an offense involving use or possession of controlled
substances under Division 10 (commencing with Section 11000) of the
Health and Safety Code, was convicted of a felony offense when a
commercial motor vehicle, as defined in subdivision (b) of Section
15210, was involved in or incidental to the commission of the
offense, or was convicted of a violation of any other statute
relating to the safe operation of vehicles, shall prepare within five
days after conviction and immediately forward to the department at
its office at Sacramento an abstract of the record of the court
covering the case in which the person was so convicted. If sentencing
is not pronounced in conjunction with the conviction, the abstract
shall be forwarded to the department within five days after
sentencing and the abstract shall be certified by the person so
required to prepare it to be true and correct.
(2) For the purposes of this section, a forfeiture of bail shall
be equivalent to a conviction.
(b) The following violations are not required to be reported under
subdivision (a):
(1) Division 3.5 (commencing with Section 9840).
(2) Section 21113, with respect to parking violations.
(3) Chapter 9 (commencing with Section 22500) of Division 11,
except Section 22526.
(4) Division 12 (commencing with Section 24000), except Sections
24002, 24004, 24250, 24409, 24604, 24800, 25103, 26707, 27151, 27315,
27360, 27800, and 27801 and Chapter 3 (commencing with Section
26301).
(5) Division 15 (commencing with Section 35000), except Chapter 5
(commencing with Section 35550).
(6) Violations for which a person was cited as a pedestrian or
while operating a bicycle or a motorized scooter.
(7) Division 16.5 (commencing with Section 38000), except Sections
38301, 38301.3, 38301.5, 38304.1, and 38504.1.
(8) Subdivision (b) of Section 23221, subdivision (b) of Section
23223, subdivision (b) of Section 23225, and subdivision (b) of
Section 23226.
(c) If the court impounds a license or orders a person to limit
his or her driving pursuant to subdivision (d) of Section 40508, the
court shall notify the department concerning the impoundment or
limitation on an abstract prepared pursuant to subdivision (a) of
this section or on a separate abstract, that shall be prepared within
five days after the impoundment or limitation was ordered and
immediately forwarded to the department at its office in Sacramento.
(d) If the court determines that a prior judgment of conviction of
a violation of Section 23152 or 23153 is valid or is invalid on
constitutional grounds pursuant to Section 41403, the clerk of the
court in which the determination is made shall prepare an abstract of
that determination and forward it to the department in the same
manner as an abstract of record pursuant to subdivision (a).
(e) Within five days of an order terminating or revoking probation
under Section 23602, the clerk of the court in which the order
terminating or revoking probation was entered shall prepare and
immediately forward to the department at its office in Sacramento an
abstract of the record of the court order terminating or revoking
probation and any other order of the court to the department required
by law.
1803.3. (a) The clerk of any court that reverses a conviction for
an offense described in subdivision (a) of Section 1803, which is not
exempted under subdivision (b) of that section, shall prepare and
forward to the department at its office in Sacramento an abstract of
the record of the court covering the case in which the conviction was
reversed. In addition, if a court dismisses a charge of a violation
of Section 40508 for which a notice was given to the department
pursuant to Section 40509 or 40509.5, the court shall notify the
department of the dismissal.
(b) The abstract shall be forwarded within 30 days of the date the
judgment of reversal becomes final. The notice of dismissal shall be
given to the department not later than 30 days after the dismissal.
Within 30 days of receiving the abstract or notice, the department
shall remove any record of that conviction, or notice received
pursuant to Section 40509 or 40509.5, from the driver's record.
(c) As used in this section, "reverse" includes any action by
which a conviction is nullified or set aside.
1803.4. Any record regarding the providing of information pursuant
to Section 13106, or record of persons personally given notice by the
department or a court, by a peace officer pursuant to Section 13382
or 13388, or otherwise pursuant to this code regarding the suspension
or revocation of a person's privilege to operate a motor vehicle
shall, upon request, be provided as follows:
(a) Immediately to any peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
acting within the scope of his or her duties.
(b) Clearly stated on the record provided to any court of this
state.
1803.5. (a) In accordance with Section 41501 or 42005, the clerk of
a court or hearing officer, when a person who receives a notice to
appear at a court or board proceeding for a violation of any statute
relating to the safe operation of vehicles is granted a continuance
of the proceeding in consideration for completion of a program at a
school for traffic violators, a licensed driving school, or any other
court-approved program of driving instruction, and which results in
a dismissal of the complaint in consideration for that completion,
shall prepare an abstract of the record of the court or board
proceeding, certify the abstract to be true and correct, and cause
the abstract to be forwarded to the department at its office at
Sacramento within 10 days after the complaint is dismissed.
(b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute that
is enacted before January 1, 2012, deletes or extends the dates on
which it becomes inoperative and is repealed.
1803.5. (a) In accordance with Section 41501 or 42005, the clerk of
a court or hearing officer, when a person who receives a notice to
appear at a court or board proceeding for a violation of any statute
relating to the safe operation of vehicles is granted a continuance
of the proceeding in consideration for completion of a program at a
school for traffic violators, that results in a designation of the
conviction as confidential in consideration for that completion,
shall prepare an abstract of the record of the court or board
proceeding that indicates that the person was convicted of the
violation and ordered to complete a traffic violator program, certify
the abstract to be true and correct, and cause the abstract to be
forwarded to the department at its office at Sacramento within five
days after receiving proof that the program was completed or the due
date to which the proceeding was continued, whichever comes first.
(b) This section shall become operative on July 1, 2011.
1803.5. (a) In accordance with Section 41501 or 42005, the clerk of
a court or hearing officer, when a person who receives a notice to
appear at a court or board proceeding for a violation of any statute
relating to the safe operation of vehicles is granted a continuance
of the proceeding in consideration for completion of a program at a
school for traffic violators, that results in a designation of the
conviction as confidential in consideration for that completion,
shall prepare an abstract of the record of the court or board
proceeding that indicates that the person was convicted of the
violation and ordered to complete a traffic violator program, certify
the abstract to be true and correct, and cause the abstract to be
forwarded to the department at its office at Sacramento within five
days after receiving proof that the program was completed or the due
date to which the proceeding was continued, whichever comes first.
(b) This section shall become operative on July 1, 2011.
1804. (a) The abstract shall be made upon a form furnished or
approved by the department and shall contain all necessary
information to identify the defendant, including, but not limited to,
the person's driver's license number, name, and date of birth, the
date and nature of the offense, the vessel number, if any, of the
vessel involved in the offense, the license plate number of the
vehicle involved in the offense, the date of hearing, and the
judgment, except that in the case of infractions where the court has
not directed the department to suspend or restrict the defendant's
driver's license, only the conviction and not the judgment need be
set forth in the abstract. The abstract shall also indicate whether
the vehicle involved in the offense is a commercial motor vehicle, as
defined in subdivision (b) of Section 15210, whether the vehicle was
of a type requiring the driver to have a certificate issued pursuant
to Section 2512, 12517, 12519, 12523, or 12523.5 or any endorsement
issued pursuant to paragraph (2) or (5) of subdivision (a) of Section
15278, and whether the vehicle was transporting hazardous material
at the time of the offense, or whether the vessel involved in the
offense was a recreational vessel, as defined in subdivision (bb) of
Section 651 of the Harbors and Navigation Code.
(b) As to any abstract for which the original arrest and final
conviction was for a violation of subdivision (b), (c), (d), (e), or
(f) of Section 655 of the Harbors and Navigation Code or Section
23152 or 23153 of this code, the abstract shall contain a statement
indicating the percentage of alcohol, by weight, in the person's
blood whenever that percentage was determined by a chemical test. The
information regarding the chemical test shall be compiled if it is
available to the clerk of the court. All information required to be
compiled pursuant to this subdivision shall be kept confidential in
the records of the department pursuant to Section 1808.5. The
department may use the information for research and statistical
purposes and for determining the eligibility of any person to operate
a motor vehicle on the highways of this state. The information shall
not be released to any other public or private agency, except for
research and statistical summary purposes and, for those purposes,
the name and address of the person and any other identifying
information shall not be disclosed.
(c) The Legislature finds and declares that blood-alcohol
percentages have valuable research potential in providing statistical
summary information on impaired drivers but that a specific
blood-alcohol percentage is only an item of evidence for purposes of
criminal and licensing sanctions imposed by law. The Legislature
recognizes that the accuracy of the determination of a specific
blood-alcohol percentage is not the critical determination in a
conviction for driving under the influence of an alcoholic beverage
if the blood-alcohol percentage exceeds the statutory amount.
1805. The failure, refusal, or neglect of any such judicial officer
to comply with any of the requirements of Sections 1802, 1803, 1804
and 1816 is misconduct in office and is ground for removal therefrom.
1806. (a) The department shall file all accident reports and
abstracts of court records of convictions received under this code,
and in connection therewith, shall maintain convenient records or
make suitable notations in order that an individual record of each
license showing the convictions of the licensee and all traffic
accidents in which the individual was involved, except those where,
in the opinion of a reporting officer, another individual was at
fault, are readily ascertainable. At its discretion the department
may file and maintain these accident reports and abstracts by
electronic recording and storage media and after transcribing
electronically all available data from the accident reports and
abstracts of conviction may destroy the original documents.
Notwithstanding any other provisions of law, the recorded facts from
any electronic recording and storage device maintained by the
department shall constitute evidence of the facts in any
administrative actions instituted by the department.
(b) When the department receives notification pursuant to
subdivision (c) of Section 1872.45 of the Insurance Code, the
department shall remove from the license record of each victim any
record of his or her involvement in the accident which is the subject
of the criminal complaint.
1806.1. If a person has entered into a stipulated vehicle release
agreement pursuant to paragraph (2) of subdivision (d) of Section
14607.6, the department shall maintain a record of that fact for
seven years from the date the person signed the agreement.
1806.5. Notwithstanding Section 1808, the department shall not
furnish information filed pursuant to Section 1806 to any person if
the furnishing of that information would violate the federal Fair
Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.).
1807. (a) The department is not required to maintain records
relating to drivers of motor vehicles after the records are, in the
opinion of the director, no longer necessary, except as follows:
(1) Records of convictions shall be maintained so long as they may
form the basis of license suspensions or revocations as prior
convictions or with other records of conviction constitute a person a
"negligent driver."
(2) Records of convictions of violating Section 38301.3 shall be
maintained for seven years.
(b) Records that are not required to be maintained may be
destroyed with the approval of the Department of General Services.
1807.5. (a) Notwithstanding Section 1808, any record of the
department of a conviction of Section 23103 as specified in Section
23103.5, or of a conviction of Section 23152 or 23153 which occurred
before January 1, 1987, is not a public record on and after a date
which is five years after the date of conviction of that offense, and
the department shall, thereafter, make any information relating to
that conviction available only to persons authorized by law to
receive the information.
(b) For the purposes of this section, "persons authorized by law
to receive the information" means any of the following:
(1) The courts of the state.
(2) Peace officers, as defined in Section 830.1 of the Penal Code;
subdivision (a) of Section 830.2 of the Penal Code; subdivisions
(a), (b), and (j) of Section 830.3 of the Penal Code; and
subdivisions (a), (b), and (c) of Section 830.5 of the Penal Code.
(3) The Attorney General.
(4) District attorneys of any county within the state.
(5) Prosecuting city attorneys of any city within the state.
(6) Probation officers of any city or county of the state.
(7) Parole officers of any city or county of the state.
1808. (a) Except where a specific provision of law prohibits the
disclosure of records or information or provides for confidentiality,
all records of the department relating to the registration of
vehicles, other information contained on an application for a driver'
s license, abstracts of convictions, and abstracts of accident
reports required to be sent to the department in Sacramento, except
for abstracts of accidents where, in the opinion of a reporting
officer, another individual was at fault, shall be open to public
inspection during office hours. All abstracts of accident reports
shall be available to law enforcement agencies and courts of
competent jurisdiction.
(b) The department shall make available or disclose abstracts of
convictions and abstracts of accident reports required to be sent to
the department in Sacramento, as described in subdivision (a), if the
date of the occurrence is not later than the following:
(1) Ten years for a violation pursuant to Section 23140, 23152, or
23153.
(2) Seven years for a violation designated as two points pursuant
to Section 12810, except as provided in paragraph (1) of this
subdivision.
(3) Three years for accidents and all other violations.
(c) The department shall make available or disclose suspensions
and revocations of the driving privilege while the suspension or
revocation is in effect and for three years following termination of
the action or reinstatement of the privilege, except that driver's
license suspension actions taken pursuant to Sections 13202.6 and
13202.7, or Section 256 or 11350.6 of the Welfare and Institutions
Code shall be disclosed only during the actual time period in which
the suspension is in effect.
(d) The department shall not make available or disclose a
suspension or revocation that has been judicially set aside or
stayed.
(e) The department shall not make available or disclose personal
information about a person unless the disclosure is in compliance
with the Driver's Privacy Protection Act of 1994 (18 U.S.C. Sec. 2721
et seq.). However, a disclosure is subject to the prohibition in
paragraph (2) of subdivision (a) of Section 12800.5.
(f) The department shall make available or disclose to the courts
and law enforcement agencies a conviction of Section 23103, as
specified in Section 23103.5, or a conviction of Section 23140,
23152, or 23153, or Section 655 of the Harbors and Navigation Code,
or paragraph (1) of subdivision (c) of Section 192 of the Penal Code
for a period of 10 years from the date of the offense for the purpose
of imposing penalties mandated by this code, or by other applicable
provisions of California law.
(g) The department shall make available or disclose to the courts
and law enforcement agencies a conviction of Section 191.5, or
subdivision (a) of Section 192.5 of the Penal Code, punished as a
felony, for the purpose of imposing penalties mandated by Section
23550.5, or by other applicable provisions of California law.
1808.1. (a) The prospective employer of a driver who drives a
vehicle specified in subdivision (k) shall obtain a report showing
the driver's current public record as recorded by the department. For
purposes of this subdivision, a report is current if it was issued
less than 30 days prior to the date the employer employs the driver.
The report shall be reviewed, signed, and dated by the employer and
maintained at the employer's place of business until receipt of the
pull-notice system report pursuant to subdivisions (b) and (c). These
reports shall be presented upon request to an authorized
representative of the Department of the California Highway Patrol
during regular business hours.
(b) The employer of a driver who drives a vehicle specified in
subdivision (k) shall participate in a pull-notice system, which is a
process for the purpose of providing the employer with a report
showing the driver's current public record as recorded by the
department, and any subsequent convictions, failures to appear,
accidents, driver's license suspensions, driver's license
revocations, or any other actions taken against the driving privilege
or certificate, added to the driver's record while the employer's
notification request remains valid and uncanceled. As used in this
section, participation in the pull-notice system means obtaining a
requester code and enrolling all employed drivers who drive a vehicle
specified in subdivision (k) under that requester code.
(c) The employer of a driver of a vehicle specified in subdivision
(k) shall, additionally, obtain a periodic report from the
department at least every 12 months. The employer shall verify that
each employee's driver's license has not been suspended or revoked,
the employee's traffic violation point count, and whether the
employee has been convicted of a violation of Section 23152 or 23153.
The report shall be signed and dated by the employer and maintained
at the employer's principal place of business. The report shall be
presented upon demand to an authorized representative of the
Department of the California Highway Patrol during regular business
hours.
(d) Upon the termination of a driver's employment, the employer
shall notify the department to discontinue the driver's enrollment in
the pull-notice system.
(e) For the purposes of the pull-notice system and periodic report
process required by subdivisions (b) and (c), an owner, other than
an owner-operator as defined in Section 34624, and an employer who
drives a vehicle described in subdivision (k) shall be enrolled as if
he or she were an employee. A family member and a volunteer driver
who drives a vehicle described in subdivision (k) shall also be
enrolled as if he or she were an employee.
(f) An employer who, after receiving a driving record pursuant to
this section, employs or continues to employ as a driver a person
against whom a disqualifying action has been taken regarding his or
her driving privilege or required driver's certificate, is guilty of
a public offense, and upon conviction thereof, shall be punished by
confinement in a county jail for not more than six months, by a fine
of not more than one thousand dollars ($1,000), or by both that
confinement and fine.
(g) As part of its inspection of bus maintenance facilities and
terminals required at least once every 13 months pursuant to
subdivision (c) of Section 34501, the Department of the California
Highway Patrol shall determine whether each transit operator, as
defined in Section 99210 of the Public Utilities Code, is then in
compliance with this section and Section 12804.6, and shall certify
each operator found to be in compliance. Funds shall not be allocated
pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of
Division 10 of the Public Utilities Code to a transit operator that
the Department of the California Highway Patrol has not certified
pursuant to this section.
(h) (1) A request to participate in the pull-notice system
established by this section shall be accompanied by a fee determined
by the department to be sufficient to defray the entire actual cost
to the department for the notification service. For the receipt of
subsequent reports, the employer shall also be charged a fee
established by the department pursuant to Section 1811. An employer
who qualifies pursuant to Section 1812 shall be exempt from any fee
required pursuant to this section. Failure to pay the fee shall
result in automatic cancellation of the employer's participation in
the notification services.
(2) A regularly organized fire department, having official
recognition of the city, county, city and county, or district in
which the department is located, shall participate in the pull-notice
program and shall not be subject to the fee established pursuant to
this subdivision.
(i) The department, as soon as feasible, may establish an
automatic procedure to provide the periodic reports to an employer by
mail or via an electronic delivery method, as required by
subdivision (c), on a regular basis without the need for individual
requests.
(j) (1) The employer of a driver who is employed as a casual
driver is not required to enter that driver's name in the pull-notice
system, as otherwise required by subdivision (a). However, the
employer of a casual driver shall be in possession of a report of the
driver's current public record as recorded by the department, prior
to allowing a casual driver to drive a vehicle specified in
subdivision (k). A report is current if it was issued less than six
months prior to the date the employer employs the driver.
(2) For the purposes of this subdivision, a driver is employed as
a casual driver when the employer has employed the driver less than
30 days during the preceding six months. "Casual driver" does not
include a driver who operates a vehicle that requires a passenger
transportation endorsement.
(k) This section applies to a vehicle for the operation of which
the driver is required to have a class A or class B driver's license,
a class C license with a hazardous materials endorsement, a class C
license issued pursuant to Section 12814.7, or a certificate issued
pursuant to Section 12517, 12519, 12520, 12523, 12523.5, or 12527, or
a passenger vehicle having a seating capacity of not more than 10
persons, including the driver, operated for compensation by a
charter-party carrier of passengers or passenger stage corporation
pursuant to a certificate of public convenience and necessity or a
permit issued by the Public Utilities Commission.
(l) This section shall not be construed to change the definition
of "employer," "employee," or "independent contractor" for any
purpose.
(m) A motor carrier who contracts with a person to drive a vehicle
described in subdivision (k) that is owned by, or leased to, that
motor carrier, shall be subject to subdivisions (a), (b), (c), (d),
(f), (j), (k), and (l) and the employer obligations in those
subdivisions.
1808.2. In addition to those specified in Section 1808.4, the home
address of any inspector or investigator regularly employed and paid
as such in the office of a district attorney or any peace officer
employee of the Board of Prison Terms appearing in any record of the
department is confidential.
1808.21. (a) Any residence address in any record of the department
is confidential and shall not be disclosed to any person, except a
court, law enforcement agency, or other government agency, or as
authorized in Section 1808.22 or 1808.23.
(b) Release of any mailing address or part thereof in any record
of the department may be restricted to a release for purposes related
to the reasons for which the information was collected, including,
but not limited to, the assessment of driver risk, or ownership of
vehicles or vessels. This restriction does not apply to a release to
a court, a law enforcement agency, or other governmental agency, or a
person who has been issued a requester code pursuant to Section
1810.2.
(c) Any person providing the department with a mailing address
shall declare, under penalty of perjury, that the mailing address is
a valid, existing, and accurate mailing address and shall consent to
receive service of process pursuant to subdivision (b) of Section
415.20, subdivision (a) of Section 415.30, and Section 416.90 of the
Code of Civil Procedure at the mailing address.
(d) (1) Any registration or driver's license record of a person
may be suppressed from any other person, except those persons
specified in subdivision (a), if the person requesting the
suppression submits either of the following:
(A) A certificate or identification card issued to the person as a
program participant by the Secretary of State pursuant to Chapter
3.1 (commencing with Section 6205) of Division 7 of Title 1 of the
Government Code.
(B) Verification acceptable to the department that he or she has
reasonable cause to believe either of the following:
(i) That he or she is the subject of stalking, as specified in
Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code.
(ii) That there exists a threat of death or great bodily injury to
his or her person, as defined in Section 12022.7 of the Penal Code.
(2) Upon suppression of a record, each request for information
about that record shall be authorized by the subject of the record or
verified as legitimate by other investigative means by the
department before the information is released.
(e) (1) The suppression of a record pursuant to a verification
under subparagraph (B) of paragraph (1) of subdivision (d) shall
occur for one year after approval by the department. Not less than 60
days prior to the date the suppression of the record would otherwise
expire, the department shall notify the subject of the record of its
impending expiration. The suppression may be continued for two
additional periods of one year each if a letter is submitted to the
department stating that the person continues to have a reasonable
cause to believe that he or she is the subject of stalking or that
there exists a threat of death or great bodily injury as described in
subparagraph (B) of paragraph (1) of subdivision (d). The
suppression may be additionally continued at the end of the second
one-year period by submitting verification acceptable to the
department. The notification described in this subdivision shall
instruct the person of the method to reapply for record suppression.
(2) The suppression of a record made in accordance with the
submission of a certificate or identification card under subparagraph
(A) of paragraph (1) of subdivision (d) shall occur for four years
following the submission of the certificate or identification card
described in this paragraph. The suppression may be continued for an
additional four-year period, and for subsequent four-year periods,
upon the submission of a current certificate or identification card
described in this paragraph.
(f) For the purposes of subdivisions (d) and (e), "verification
acceptable to the department" means recent police reports, court
documentation, or other documentation from a law enforcement agency.
1808.22. (a) Section 1808.21 does not apply to a financial
institution licensed by the state or federal government to do
business in the State of California, if the financial institution
states under penalty of perjury that it has obtained a written waiver
of Section 1808.21 signed by the individual whose address is
requested, or to providing the address of a person who has entered
into an agreement held by that institution prior to July 1, 1990, so
long as that agreement remains in effect.
(b) (1) Section 1808.21 does not apply to an insurance company
licensed to do business in California, or to an authorized contractor
acting on behalf of that insurance company, pursuant to a
contractual agreement, if the company or contractor, under penalty of
perjury, requests the information for the purpose of obtaining the
address of another motorist or vehicle owner involved in an accident
with the company's insured.
(2) Section 1808.21 does not apply to an insurance company
licensed to do business in California if the company, under penalty
of perjury, requests the information on an individual who has signed
a written waiver of Section 1808.21 or on the individuals insured
under a policy if a named insured of that policy has signed a written
waiver.
(c) (1) Notwithstanding any other provisions of the Vehicle Code
and regulations adopted by the department, all information obtained
from the department pursuant to the exemptions in subdivision (b)
shall be subject to the existing use or disclosure limitations and
data security requirements for the principal under applicable state
and federal law.
(2) Use or disclosure limitations and data security requirements
imposed on an authorized contractor by this subdivision shall be
enforced by the department in compliance with its existing
regulations governing the use or disclosure of information obtained
from the department pursuant to subdivision (b).
(3) The use or disclosure of information obtained from the
department by an authorized contractor of the insurance company
pursuant to paragraph (1) of subdivision (b) shall be permitted only
for the purpose of obtaining the address of another motorist or
vehicle owner involved in an accident with the company's insured. The
information shall not be used or disclosed for any other purpose,
other than the reason for which the information was requested, or to
any other person.
(4) An insurance company shall be responsible for any misuse of
the information by the authorized contractor.
(5) An authorized contractor is subject to all of the following
requirements:
(A) All information obtained by the contractor from the department
pursuant to paragraph (1) of subdivision (b), and any copies made of
that information, shall be destroyed by the contractor pursuant to
Section 1798.81 of the Civil Code, once the contractor has used the
information for the purpose of obtaining the address of a motorist or
vehicle owner involved in an accident with individuals insured with
the insurer.
(B) The contractor shall not sell the information obtained from
the department or store, combine, or link that information with a
database for resale or for any purpose other than obtaining the
address of a motorist or vehicle owner involved in an accident with
individuals insured with the insurer.
(C) The contractor shall maintain a log to track the receipt, use,
and dissemination of the information. The log shall be immediately
available to the department upon request and maintained for four
years from the date of the request.
(D) The contractor shall maintain a surety bond in the amount of
fifty thousand dollars ($50,000), consistent with subdivision (c) of
Section 1810.2 and Section 350.24 of Title 13 of the California Code
of Regulations.
(E) A contractor that violates this section shall be liable to the
department for civil penalties up to the amount of one hundred
thousand dollars ($100,000), and, if the contractor is a commercial
requester pursuant to Section 1810.2, the contractor shall also have
his or her requester code suspended for a period of five years, or
revoked, pursuant to Section 1808.46.
(d) Section 1808.21 does not apply to an attorney if the attorney
states, under penalty of perjury, that the motor vehicle or vessel
registered owner or driver residential address information is
necessary in order to represent his or her client in a criminal or
civil action that directly involves the use of the motor vehicle or
vessel that is pending, is to be filed, or is being investigated.
Information requested pursuant to this subdivision is subject to all
of the following:
(1) The attorney shall state that the criminal or civil action
that is pending, is to be filed, or is being investigated relates
directly to the use of that motor vehicle or vessel.
(2) The case number, if any, or the names of expected parties to
the extent they are known to the attorney requesting the information,
shall be listed on the request.
(3) A residence address obtained from the department shall not be
used for any purpose other than in furtherance of the case cited or
action to be filed or that is being investigated.
(4) If an action is not filed within a reasonable time, the
residence address information shall be destroyed.
(5) An attorney shall not request residential address information
pursuant to this subdivision in order to sell the information to a
person.
(6) Within 10 days of receipt of a request, the department shall
notify every individual whose residence address has been requested
pursuant to this subdivision.
(e) A knowing violation of paragraph (1), (2), (3), (4), or (5) of
subdivision (d) is a misdemeanor. A knowing violation of paragraph
(1), (2), (3), (4), or (5) of subdivision (d) in furtherance of
another crime is subject to the same penalties as that other crime.
1808.23. (a) Section 1808.21 does not apply to a vehicle
manufacturer licensed to do business in this state if the
manufacturer, or its agent, under penalty of perjury, requests and
uses the information only for the purpose of safety, warranty,
including a warranty issued in compliance with Section 1795.92 of the
Civil Code, emission, or product recall if the manufacturer offers
to make and makes any changes at no cost to the vehicle owner.
(b) Section 1808.21 does not apply to a dealer licensed to do
business in this state if the dealer, or its agent, under penalty of
perjury, requests and uses the information only for the purpose of
completing registration transactions and documents.
(c) Section 1808.21 does not apply to a person who, under penalty
of perjury, requests and uses the information as permitted under
subdivision (h) of Section 1798.24 of the Civil Code, if the request
specifies that no persons will be contacted by mail or otherwise at
the address included with the information released. The information
released by the department under this subdivision shall not be in a
form that identifies any person.
(d) Residential addresses released shall not be used for direct
marketing or solicitation for the purchase of any consumer product or
service.
1808.24. Information regarding any motor vehicle liability
insurance policy or surety bond provided to the department pursuant
to Section 4000.37 or provided electronically is confidential and
shall not be disclosed to any person, except to the following:
(a) A court of competent jurisdiction.
(b) A law enforcement or other governmental agency.
(c) An insurance company or its assigns to verify a record the
company or its assigns previously submitted to the department.
(d) A person whose vehicle or property has been involved in an
accident reported to the department, or who suffered bodily injury or
death in an accident reported to the department, pursuant to Chapter
1 (commencing with Section 16000) of Division 7, or the person's
authorized representative, employer, parent, or legal guardian.
1808.25. (a) The department shall implement a program to provide
residence address information to an accredited degree-granting
nonprofit independent institution of higher education incorporated in
the state, that has concluded a memorandum of understanding pursuant
to subdivision (b) of Section 830.7 of the Penal Code if, under
penalty of perjury, the institution requests and uses the information
solely for the purpose of enforcing parking restrictions.
(b) The memorandum of understanding executed by the sheriff or
chief of police within whose jurisdiction the independent institution
is located shall expressly permit the institution to enforce parking
restrictions pursuant to subdivision (b) of Section 830.7 of the
Penal Code. For the purposes of this subdivision, a participating
institution shall enter into a contractual agreement with the
department that, at a minimum, requires the institution to do all of
the following:
(1) Establish and maintain procedures, to the satisfaction of the
department, for persons to contest parking violation notices issued
by the institution.
(2) Remit a fee, as determined by the department, to cover the
department's costs of providing each address to the institution.
(3) Agree that access to confidential residence address
information from the department's vehicle registration database will
be provided only through an approved commercial requester account.
(4) Establish and maintain a system that ensures that confidential
address information obtained from the department is used solely for
the purpose specified in subdivision (a).
(c) The director may terminate a contract authorized by
subdivision (b) at any time the department determines that the
independent institution of higher education fails to maintain
adequate safeguards to ensure that the operation of the program does
not adversely affect those individuals whose records are maintained
in the department's files, or that the information is used for any
purpose other than that specified in subdivision (a).
(d) Sections 1808.45, 1808.46, and 1808.47 are applicable to
persons who obtain department records pursuant to this section and
the department may pursue any appropriate civil or criminal action
against any individual at an independent institution who violates the
provisions of this section.
(e) For purposes of this article only, any confidential
information obtained from the department for administration or
enforcement of this article shall be held confidential, except to the
extent necessary for the enforcement of parking restrictions, and
may not be used for any purpose other than the administration or
enforcement of parking restrictions.
1808.4. (a) For all of the following persons, his or her home
address that appears in a record of the department is confidential if
the person requests the confidentiality of that information:
(1) Attorney General.
(2) State Public Defender.
(3) A Member of the Legislature.
(4) A judge or court commissioner.
(5) A district attorney.
(6) A public defender.
(7) An attorney employed by the Department of Justice, the office
of the State Public Defender, or a county office of the district
attorney or public defender.
(8) A city attorney and an attorney who submits verification from
his or her public employer that the attorney represents the city in
matters that routinely place the attorney in personal contact with
persons under investigation for, charged with, or convicted of,
committing criminal acts, if that attorney is employed by a city
attorney.
(9) A nonsworn police dispatcher.
(10) A child abuse investigator or social worker, working in child
protective services within a social services department.
(11) An active or retired peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal
Code.
(12) An employee of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, or the Prison
Industry Authority specified in Sections 20403 and 20405 of the
Government Code.
(13) A nonsworn employee of a city police department, a county
sheriff's office, the Department of the California Highway Patrol, a
federal, state, or local detention facility, or a local juvenile
hall, camp, ranch, or home, who submits agency verification that, in
the normal course of his or her employment, he or she controls or
supervises inmates or is required to have a prisoner in his or her
care or custody.
(14) A county counsel assigned to child abuse cases.
(15) An investigator employed by the Department of Justice, a
county district attorney, or a county public defender.
(16) A member of a city council.
(17) A member of a board of supervisors.
(18) A federal prosecutor, criminal investigator, or National Park
Service Ranger working in this state.
(19) An active or retired city enforcement officer engaged in the
enforcement of the Vehicle Code or municipal parking ordinances.
(20) An employee of a trial court.
(21) A psychiatric social worker employed by a county.
(22) A police or sheriff department employee designated by the
Chief of Police of the department or the sheriff of the county as
being in a sensitive position. A designation pursuant to this
paragraph shall, for purposes of this section, remain in effect for
three years subject to additional designations that, for purposes of
this section, shall remain in effect for additional three-year
periods.
(23) A state employee in one of the following classifications:
(A) Licensing Registration Examiner, Department of Motor Vehicles.
(B) Motor Carrier Specialist 1, Department of the California
Highway Patrol.
(C) Museum Security Officer and Supervising Museum Security
Officer.
(24) (A) The spouse or child of a person listed in paragraphs (1)
to (23), inclusive, regardless of the spouse's or child's place of
residence.
(B) The surviving spouse or child of a peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code, if the peace officer died in the line of duty.
(C) (i) Subparagraphs (A) and (B) shall not apply if the person
listed in those subparagraphs was convicted of a crime and is on
active parole or probation.
(ii) For requests made on or after January 1, 2011, the person
requesting confidentiality for their spouse or child listed in
subparagraph (A) or (B) shall declare, at the time of the request for
confidentiality, whether the spouse or child has been convicted of a
crime and is on active parole or probation.
(iii) Neither the listed person's employer nor the department
shall be required to verify, or be responsible for verifying, that a
person listed in subparagraph (A) or (B) was convicted of a crime and
is on active parole or probation.
(b) The confidential home address of a person listed in
subdivision (a) shall not be disclosed, except to any of the
following:
(1) A court.
(2) A law enforcement agency.
(3) The State Board of Equalization.
(4) An attorney in a civil or criminal action that demonstrates to
a court the need for the home address, if the disclosure is made
pursuant to a subpoena.
(5) A governmental agency to which, under any provision of law,
information is required to be furnished from records maintained by
the department.
(c) (1) A record of the department containing a confidential home
address shall be open to public inspection, as provided in Section
1808, if the address is completely obliterated or otherwise removed
from the record.
(2) Following termination of office or employment, a confidential
home address shall be withheld from public inspection for three
years, unless the termination is the result of conviction of a
criminal offense. If the termination or separation is the result of
the filing of a criminal complaint, a confidential home address shall
be withheld from public inspection during the time in which the
terminated individual may file an appeal from termination, while an
appeal from termination is ongoing, and until the appeal process is
exhausted, after which confidentiality shall be at the discretion of
the employing agency if the termination or separation is upheld. Upon
reinstatement to an office or employment, the protections of this
section are available.
(3) With respect to a retired peace officer, his or her home
address shall be withheld from public inspection permanently upon
request of confidentiality at the time the information would
otherwise be opened. The home address of the surviving spouse or
child listed in subparagraph (B) of paragraph (24) of subdivision (a)
shall be withheld from public inspection for three years following
the death of the peace officer.
(4) The department shall inform a person who requests a
confidential home address what agency the individual whose address
was requested is employed by or the court at which the judge or court
commissioner presides.
(d) A violation of subdivision (a) by the disclosure of the
confidential home address of a peace officer, as specified in
paragraph (11) of subdivision (a), a nonsworn employee of the city
police department or county sheriff's office, or the spouses or
children of these persons, including, but not limited to, the
surviving spouse or child listed in subparagraph (B) of paragraph
(24) of subdivision (a), that results in bodily injury to the peace
officer, employee of the city police department or county sheriff's
office, or the spouses or children of these persons is a felony.
1808.45. The willful, unauthorized disclosure of information from
any department record to any person, or the use of any false
representation to obtain information from a department record or any
use of information obtained from any department record for a purpose
other than the one stated in the request or the sale or other
distribution of the information to a person or organization for
purposes not disclosed in the request is a misdemeanor, punishable by
a fine not exceeding five thousand dollars ($5,000) or by
imprisonment in the county jail not exceeding one year, or both fine
and imprisonment.
1808.46. No person or agent shall directly or indirectly obtain
information from the department files using false representations or
distribute restricted or confidential information to any person or
use the information for a reason not authorized or specified in a
requester code application. Any person who violates this section, in
addition to any other penalty provided in this code, is liable to the
department for civil penalties up to one hundred thousand dollars
($100,000) and shall have its requester code privileges suspended for
a period of up to five years, or revoked. The regulatory agencies
having jurisdiction over any licensed person receiving information
pursuant to this chapter shall implement procedures to review the
procedures of any licensee which receives information to ensure
compliance with the limitations on the use of information as part of
the agency's regular oversight of the licensees. The agency shall
report noncompliance to the department.
1808.47. Any person who has access to confidential or restricted
information from the department shall establish procedures to protect
the confidentiality of those records. If any confidential or
restricted information is released to any agent of a person
authorized to obtain information, the person shall require the agent
to take all steps necessary to ensure confidentiality and prevent the
release of any information to a third party. No agent shall obtain
or use any confidential or restricted records for any purpose other
than the reason the information was requested.
1808.5. Except as provided in Section 22511.58, all records of the
department relating to the physical or mental condition of any
person, and convictions of any offense involving the use or
possession of controlled substances under Division 10 (commencing
with Section 11000) of the Health and Safety Code not arising from
circumstances involving a motor vehicle, are confidential and not
open to public inspection.
1808.6. (a) In addition to those specified in Section 1808.4, the
home address of any of the following persons, that appears in any
record of the department, is confidential, if the person requests the
confidentiality of that information:
(1) The chairperson, executive officer, commissioners, and deputy
commissioners of the Board of Prison Terms.
(2) The chairperson, members, executive director, and hearing
representatives of the Youthful Offender Parole Board.
(3) The spouse or children of persons listed in this section,
regardless of the spouse's or child's place of residence.
(b) The confidential home address of any of the persons listed in
subdivision (a) shall not be disclosed to any person, except a court,
a law enforcement agency, the State Board of Equalization, or any
governmental agency to which, under any provision of law, information
is required to be furnished from records maintained by the
department.
(c) Any record of the department containing a confidential home
address shall be open to public inspection, as provided in Section
1808, if the address is completely obliterated or otherwise removed
from the record. The home address shall be withheld from public
inspection for three years following termination of office or
employment, except with respect to retired peace officers, whose home
addresses shall be withheld from public inspection permanently upon
request of confidentiality at the time the information would
otherwise be opened. The department shall inform any person who
requests a confidential home address of the name of the agency that
employs the individual whose address was requested.
1808.7. (a) The record of the department relating to the first
proceeding and dismissal under Section 1803.5 in any 18-month period
for participation by a person in a licensed school for traffic
violators, a licensed driving school, or any other court-approved
program of driving instruction, is confidential, shall not be
disclosed to any person, except a court, and shall be used only for
statistical purposes by the department.
(b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute that
is enacted before January 1, 2012, deletes or extends the dates on
which it becomes inoperative and is repealed.
1808.7. (a) The record of the department relating to the first
proceeding and conviction under Section 1803.5 in any 18-month period
for completion of a traffic violator school program is confidential,
shall not be disclosed to any person, except a court and as provided
for in subdivision (b), and shall be used only for statistical
purposes by the department. No violation point count shall be
assessed pursuant to Section 12810 if the conviction is confidential.
(b) The record of a conviction described in subdivision (a) shall
not be confidential if any of the following circumstances applies:
(1) The person convicted holds a commercial driver's license as
defined by Section 15210.
(2) The person convicted holds a commercial driver's license in
another state, in accordance with Part 383 of Title 49 of the Code of
Federal Regulations.
(3) The violation occurred in a commercial motor vehicle, as
defined in subdivision (b) of Section 15210.
(4) The conviction would result in a violation point count of more
than one point pursuant to Section 12810.
(c) This section shall become operative on July 1, 2011.
1808.7. (a) The record of the department relating to the first
proceeding and conviction under Section 1803.5 in any 18-month period
for completion of a traffic violator school program is confidential,
shall not be disclosed to any person, except a court and as provided
for in subdivision (b), and shall be used only for statistical
purposes by the department. No violation point count shall be
assessed pursuant to Section 12810 if the conviction is confidential.
(b) The record of a conviction described in subdivision (a) shall
not be confidential if any of the following circumstances applies:
(1) The person convicted holds a commercial driver's license as
defined by Section 15210.
(2) The person convicted holds a commercial driver's license in
another state, in accordance with Part 383 of Title 49 of the Code of
Federal Regulations.
(3) The violation occurred in a commercial motor vehicle, as
defined in subdivision (b) of Section 15210.
(4) The conviction would result in a violation point count of more
than one point pursuant to Section 12810.
(c) This section shall become operative on July 1, 2011.
1808.8. (a) Dismissal of any driver certified pursuant to Section
12517, 12523, or 12523.5, for a cause relating to pupil
transportation safety, shall be reported by the carrier to the
department within five days of the dismissal date.
(b) Reinstatement of any driver whose dismissal has been reported
under subdivision (a) shall be reported by the carrier to the
department within five days of the reinstatement date.
1808.9. (a) Except for retired peace officers whose home address is
permanently withheld from public inspection under subdivision (c) of
Section 1808.4 or subdivision (c) of Section 1808.6, a person whose
home address is confidential in any record of the department under
Section 1808.2, 1808.4, or 1808.6 may be required by the department
to demonstrate his or her continued eligibility for that
confidentiality upon renewal of a driver's license or identification
card issued by the department. Not later than 90 days prior to the
expiration of a driver's license or identification card, the
department shall notify the person whose record is confidential of
any requirement to demonstrate the continued eligibility.
(b) A person whose driver's license or identification card is
renewed within one year of the first request for address
confidentiality under this section shall not be required to
demonstrate his or her eligibility for that confidentially again
until the subsequent renewal.
1809. The department may prepare and disseminate information
relating to prevention of traffic accidents.
1810. (a) Except as provided in Sections 1806.5, 1808.2, 1808.4,
1808.5, 1808.6, 1808.7, 1808.8, and paragraph (2) of subdivision (a)
of Section 12800.5, the department may permit inspection of, or sell,
or both, information from its records concerning the registration of
any vehicle or information from the files of drivers' licenses at a
charge sufficient to pay at least the actual cost to the department
for providing the inspection or sale of the information, including,
but not limited to, costs incurred by the department in carrying out
subdivision (b), with the charge for the information to be determined
by the director. This section does not apply to statistical
information of the type previously compiled and distributed by the
department.
(b) (1) With respect to the inspection or sale of information
concerning the registration of any vehicle or of information from the
files of drivers' licenses, the department shall establish, by
regulation, administrative procedures under which any person making a
request for that information shall be required to identify himself
or herself and state the reason for making the request. The
procedures shall provide for the verification of the name and address
of the person making a request for the information, and the
department may require the person to produce that information as it
determines is necessary to ensure that the name and address of the
person is the true name and address. The procedures may provide for a
10-day delay in the release of the requested information. The
procedures shall also provide for notification to the person to whom
the information primarily relates, as to what information was
provided and to whom it was provided. The department shall establish,
by regulation, a reasonable period of time for which a record of all
the foregoing shall be maintained.
(2) The procedures required by this subdivision do not apply to
any governmental entity, any person who has applied for and has been
issued a requester code by the department, or any court of competent
jurisdiction.
(c) With respect to the inspection or sale of information from the
files of drivers' licenses, the department may require both the full
name of the driver and either the driver's license number or date of
birth as identifying points of the record, except that the
department may disclose a record without two identifying points if
the department determines that the public interest in disclosure
outweighs the public interest in personal privacy.
(d) With respect to the inspection or sale of information from the
files of drivers' licenses, certificates of ownership, and
registration cards, the department may not allow, for a fee or
otherwise, copying by the public.
1810.2. (a) The department may establish commercial requester
accounts for individuals or organizations and issue requester codes
for the purpose of obtaining information from the department's files,
except as prohibited by Section 1808.21.
(b) Commercial requester account applications shall include the
requester's name, address, type of business, a specific reason for
requesting information, and the name of the person responsible for
the business or firm.
(c) The department shall establish a commercial requester account
when it determines that the applicant has a legitimate business need
for the information requested and when the applicant files a bond in
the amount of fifty thousand dollars ($50,000) and pays a two hundred
fifty dollar ($250) filing fee. If the applicant does not request
and is not issued a requester code permitting the applicant access to
residence address information, only a filing fee of fifty dollars
($50) shall be required with the original application and each
biennial renewal application.
(d) An individual requester code shall be issued for a period not
to exceed five years and may be renewed upon application for
additional periods not to exceed five years each.
(e) A requester code may be denied to any person unless the
proposed use of the information from department records is related to
legitimate business or commercial purposes of that person. A
requester code may be canceled immediately if the requested
information is used for a purpose other than the purpose for which
the requester code was issued.
1810.3. (a) Using the information made available in the accident
reports provided to the department by law enforcement agencies under
Section 20012, the department may provide information consisting of
the following, for each vehicle that is included in those reports:
(1) The license plate number.
(2) The accident report number.
(b) Notwithstanding Section 16005, 20012, or 20014, or any other
provision of law, the department may make the information available
to a person who has done both of the following:
(1) Established a commercial requester account under Section
1810.2.
(2) Entered into an agreement described under subdivision (c).
(c) The department shall not provide information under this
section unless the person requesting the information has entered into
an agreement with the department that includes the following
stipulations:
(1) The information provided may not be used for the purpose of
identifying or contacting any person or for any other purpose, except
as specified in paragraph (2).
(2) The information may be used only to identify a vehicle that
has been reported to be in a traffic accident.
(3) The law enforcement agency accident report number and license
plate number provided under this section shall be used only for the
internal verification purposes of the business that receives the
information and may not be disclosed to any party other than the
department or the Department of the California Highway Patrol.
(4) The requester agrees to investigate and promptly correct any
error that is brought to its attention.
(d) Use of the information provided under this section in
violation of paragraph (1), (2), or (3) of subdivision (c) is a
violation of Sections 1808.45 and 1808.46.
1810.5. The Attorney General, district atto
1800. (a) The department shall file each application received for
the registration of a vehicle and shall keep a record of each as
follows:
(1) Under a distinctive registration number assigned to the
vehicle.
(2) Alphabetically, under the name of the owner.
(3) Under the motor or a permanent identifying number of the
vehicle as may be determined by the department.
(4) In the discretion of the department, in any other manner it
may deem desirable.
(b) The department shall file every application for a license to
operate a motor vehicle received by it and maintain all of the
following:
(1) A suitable index containing, in alphabetical order, all
applications denied. On the applications shall be noted the reasons
for the denial.
(2) A suitable index containing, in alphabetical order, all
applications granted.
(3) A suitable index containing, in alphabetical order, the name
of every licensee whose license has been suspended or revoked by the
department or by a court and after each name notes the reasons for
the action and the period of revocation or suspension.
1801. (a) Whenever any notice, report, statement, court abstract,
or record is required to be submitted to the department by this code,
the document may be submitted to the department by electronic
transmission or other means approved by the department.
(b) All records maintained by the department may be stored in any
feasible manner, including, but not limited to, any electronic media
or any other form of data compilation.
(c) Notwithstanding any other provision of law, the records shall
be deemed original documents and shall be admissible in evidence in
all administrative, quasi-judicial, and judicial proceedings.
1801.1. (a) Notwithstanding any other provision of law, the
department may allow a person to submit any document required to be
submitted to the department by using electronic media deemed feasible
by the department instead of requiring the actual submittal of the
original document.
(b) If a signature on a document is required by law in order to
complete a transaction, and the document is submitted electronically,
that signature requirement may be met by an electronically submitted
signature, if the department retains information verifying the
identity of the person submitting the electronic signature.
(c) The department may establish minimum transaction volume
levels, audit and security standards, and technological requirements,
or terms and conditions, including methods of authentication for
electronically submitted signatures, it deems necessary for the
approval of this process.
(d) An electronically submitted document, once accepted by the
department, shall be deemed the same as an original document, and
shall be admissible in all administrative, quasi-judicial, and
judicial proceedings.
1802. Every judge of a court not of record shall keep a full record
of every case in which a person is charged with any violation of
this code.
1803. (a) (1) The clerk of a court in which a person was convicted
of a violation of this code, was convicted of a violation of
subdivision (a), (b), (c), (d), (e), or (f) of Section 655 of the
Harbors and Navigation Code pertaining to a mechanically propelled
vessel but not to manipulating any water skis, an aquaplane, or
similar device, was convicted of a violation of Section 655.2, 655.6,
658, or 658.5 of the Harbors and Navigation Code, a violation of
subdivision (a) of Section 192.5 of the Penal Code, or a violation of
subdivision (b) of Section 5387 of the Public Utilities Code, was
convicted of an offense involving use or possession of controlled
substances under Division 10 (commencing with Section 11000) of the
Health and Safety Code, was convicted of a felony offense when a
commercial motor vehicle, as defined in subdivision (b) of Section
15210, was involved in or incidental to the commission of the
offense, or was convicted of a violation of any other statute
relating to the safe operation of vehicles, shall prepare within five
days after conviction and immediately forward to the department at
its office at Sacramento an abstract of the record of the court
covering the case in which the person was so convicted. If sentencing
is not pronounced in conjunction with the conviction, the abstract
shall be forwarded to the department within five days after
sentencing and the abstract shall be certified by the person so
required to prepare it to be true and correct.
(2) For the purposes of this section, a forfeiture of bail shall
be equivalent to a conviction.
(b) The following violations are not required to be reported under
subdivision (a):
(1) Division 3.5 (commencing with Section 9840).
(2) Section 21113, with respect to parking violations.
(3) Chapter 9 (commencing with Section 22500) of Division 11,
except Section 22526.
(4) Division 12 (commencing with Section 24000), except Sections
24002, 24004, 24250, 24409, 24604, 24800, 25103, 26707, 27151, 27315,
27360, 27800, and 27801 and Chapter 3 (commencing with Section
26301).
(5) Division 15 (commencing with Section 35000), except Chapter 5
(commencing with Section 35550).
(6) Violations for which a person was cited as a pedestrian or
while operating a bicycle or a motorized scooter.
(7) Division 16.5 (commencing with Section 38000), except Sections
38301, 38301.3, 38301.5, 38304.1, and 38504.1.
(8) Subdivision (b) of Section 23221, subdivision (b) of Section
23223, subdivision (b) of Section 23225, and subdivision (b) of
Section 23226.
(c) If the court impounds a license or orders a person to limit
his or her driving pursuant to subdivision (d) of Section 40508, the
court shall notify the department concerning the impoundment or
limitation on an abstract prepared pursuant to subdivision (a) of
this section or on a separate abstract, that shall be prepared within
five days after the impoundment or limitation was ordered and
immediately forwarded to the department at its office in Sacramento.
(d) If the court determines that a prior judgment of conviction of
a violation of Section 23152 or 23153 is valid or is invalid on
constitutional grounds pursuant to Section 41403, the clerk of the
court in which the determination is made shall prepare an abstract of
that determination and forward it to the department in the same
manner as an abstract of record pursuant to subdivision (a).
(e) Within five days of an order terminating or revoking probation
under Section 23602, the clerk of the court in which the order
terminating or revoking probation was entered shall prepare and
immediately forward to the department at its office in Sacramento an
abstract of the record of the court order terminating or revoking
probation and any other order of the court to the department required
by law.
1803.3. (a) The clerk of any court that reverses a conviction for
an offense described in subdivision (a) of Section 1803, which is not
exempted under subdivision (b) of that section, shall prepare and
forward to the department at its office in Sacramento an abstract of
the record of the court covering the case in which the conviction was
reversed. In addition, if a court dismisses a charge of a violation
of Section 40508 for which a notice was given to the department
pursuant to Section 40509 or 40509.5, the court shall notify the
department of the dismissal.
(b) The abstract shall be forwarded within 30 days of the date the
judgment of reversal becomes final. The notice of dismissal shall be
given to the department not later than 30 days after the dismissal.
Within 30 days of receiving the abstract or notice, the department
shall remove any record of that conviction, or notice received
pursuant to Section 40509 or 40509.5, from the driver's record.
(c) As used in this section, "reverse" includes any action by
which a conviction is nullified or set aside.
1803.4. Any record regarding the providing of information pursuant
to Section 13106, or record of persons personally given notice by the
department or a court, by a peace officer pursuant to Section 13382
or 13388, or otherwise pursuant to this code regarding the suspension
or revocation of a person's privilege to operate a motor vehicle
shall, upon request, be provided as follows:
(a) Immediately to any peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
acting within the scope of his or her duties.
(b) Clearly stated on the record provided to any court of this
state.
1803.5. (a) In accordance with Section 41501 or 42005, the clerk of
a court or hearing officer, when a person who receives a notice to
appear at a court or board proceeding for a violation of any statute
relating to the safe operation of vehicles is granted a continuance
of the proceeding in consideration for completion of a program at a
school for traffic violators, a licensed driving school, or any other
court-approved program of driving instruction, and which results in
a dismissal of the complaint in consideration for that completion,
shall prepare an abstract of the record of the court or board
proceeding, certify the abstract to be true and correct, and cause
the abstract to be forwarded to the department at its office at
Sacramento within 10 days after the complaint is dismissed.
(b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute that
is enacted before January 1, 2012, deletes or extends the dates on
which it becomes inoperative and is repealed.
1803.5. (a) In accordance with Section 41501 or 42005, the clerk of
a court or hearing officer, when a person who receives a notice to
appear at a court or board proceeding for a violation of any statute
relating to the safe operation of vehicles is granted a continuance
of the proceeding in consideration for completion of a program at a
school for traffic violators, that results in a designation of the
conviction as confidential in consideration for that completion,
shall prepare an abstract of the record of the court or board
proceeding that indicates that the person was convicted of the
violation and ordered to complete a traffic violator program, certify
the abstract to be true and correct, and cause the abstract to be
forwarded to the department at its office at Sacramento within five
days after receiving proof that the program was completed or the due
date to which the proceeding was continued, whichever comes first.
(b) This section shall become operative on July 1, 2011.
1803.5. (a) In accordance with Section 41501 or 42005, the clerk of
a court or hearing officer, when a person who receives a notice to
appear at a court or board proceeding for a violation of any statute
relating to the safe operation of vehicles is granted a continuance
of the proceeding in consideration for completion of a program at a
school for traffic violators, that results in a designation of the
conviction as confidential in consideration for that completion,
shall prepare an abstract of the record of the court or board
proceeding that indicates that the person was convicted of the
violation and ordered to complete a traffic violator program, certify
the abstract to be true and correct, and cause the abstract to be
forwarded to the department at its office at Sacramento within five
days after receiving proof that the program was completed or the due
date to which the proceeding was continued, whichever comes first.
(b) This section shall become operative on July 1, 2011.
1804. (a) The abstract shall be made upon a form furnished or
approved by the department and shall contain all necessary
information to identify the defendant, including, but not limited to,
the person's driver's license number, name, and date of birth, the
date and nature of the offense, the vessel number, if any, of the
vessel involved in the offense, the license plate number of the
vehicle involved in the offense, the date of hearing, and the
judgment, except that in the case of infractions where the court has
not directed the department to suspend or restrict the defendant's
driver's license, only the conviction and not the judgment need be
set forth in the abstract. The abstract shall also indicate whether
the vehicle involved in the offense is a commercial motor vehicle, as
defined in subdivision (b) of Section 15210, whether the vehicle was
of a type requiring the driver to have a certificate issued pursuant
to Section 2512, 12517, 12519, 12523, or 12523.5 or any endorsement
issued pursuant to paragraph (2) or (5) of subdivision (a) of Section
15278, and whether the vehicle was transporting hazardous material
at the time of the offense, or whether the vessel involved in the
offense was a recreational vessel, as defined in subdivision (bb) of
Section 651 of the Harbors and Navigation Code.
(b) As to any abstract for which the original arrest and final
conviction was for a violation of subdivision (b), (c), (d), (e), or
(f) of Section 655 of the Harbors and Navigation Code or Section
23152 or 23153 of this code, the abstract shall contain a statement
indicating the percentage of alcohol, by weight, in the person's
blood whenever that percentage was determined by a chemical test. The
information regarding the chemical test shall be compiled if it is
available to the clerk of the court. All information required to be
compiled pursuant to this subdivision shall be kept confidential in
the records of the department pursuant to Section 1808.5. The
department may use the information for research and statistical
purposes and for determining the eligibility of any person to operate
a motor vehicle on the highways of this state. The information shall
not be released to any other public or private agency, except for
research and statistical summary purposes and, for those purposes,
the name and address of the person and any other identifying
information shall not be disclosed.
(c) The Legislature finds and declares that blood-alcohol
percentages have valuable research potential in providing statistical
summary information on impaired drivers but that a specific
blood-alcohol percentage is only an item of evidence for purposes of
criminal and licensing sanctions imposed by law. The Legislature
recognizes that the accuracy of the determination of a specific
blood-alcohol percentage is not the critical determination in a
conviction for driving under the influence of an alcoholic beverage
if the blood-alcohol percentage exceeds the statutory amount.
1805. The failure, refusal, or neglect of any such judicial officer
to comply with any of the requirements of Sections 1802, 1803, 1804
and 1816 is misconduct in office and is ground for removal therefrom.
1806. (a) The department shall file all accident reports and
abstracts of court records of convictions received under this code,
and in connection therewith, shall maintain convenient records or
make suitable notations in order that an individual record of each
license showing the convictions of the licensee and all traffic
accidents in which the individual was involved, except those where,
in the opinion of a reporting officer, another individual was at
fault, are readily ascertainable. At its discretion the department
may file and maintain these accident reports and abstracts by
electronic recording and storage media and after transcribing
electronically all available data from the accident reports and
abstracts of conviction may destroy the original documents.
Notwithstanding any other provisions of law, the recorded facts from
any electronic recording and storage device maintained by the
department shall constitute evidence of the facts in any
administrative actions instituted by the department.
(b) When the department receives notification pursuant to
subdivision (c) of Section 1872.45 of the Insurance Code, the
department shall remove from the license record of each victim any
record of his or her involvement in the accident which is the subject
of the criminal complaint.
1806.1. If a person has entered into a stipulated vehicle release
agreement pursuant to paragraph (2) of subdivision (d) of Section
14607.6, the department shall maintain a record of that fact for
seven years from the date the person signed the agreement.
1806.5. Notwithstanding Section 1808, the department shall not
furnish information filed pursuant to Section 1806 to any person if
the furnishing of that information would violate the federal Fair
Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.).
1807. (a) The department is not required to maintain records
relating to drivers of motor vehicles after the records are, in the
opinion of the director, no longer necessary, except as follows:
(1) Records of convictions shall be maintained so long as they may
form the basis of license suspensions or revocations as prior
convictions or with other records of conviction constitute a person a
"negligent driver."
(2) Records of convictions of violating Section 38301.3 shall be
maintained for seven years.
(b) Records that are not required to be maintained may be
destroyed with the approval of the Department of General Services.
1807.5. (a) Notwithstanding Section 1808, any record of the
department of a conviction of Section 23103 as specified in Section
23103.5, or of a conviction of Section 23152 or 23153 which occurred
before January 1, 1987, is not a public record on and after a date
which is five years after the date of conviction of that offense, and
the department shall, thereafter, make any information relating to
that conviction available only to persons authorized by law to
receive the information.
(b) For the purposes of this section, "persons authorized by law
to receive the information" means any of the following:
(1) The courts of the state.
(2) Peace officers, as defined in Section 830.1 of the Penal Code;
subdivision (a) of Section 830.2 of the Penal Code; subdivisions
(a), (b), and (j) of Section 830.3 of the Penal Code; and
subdivisions (a), (b), and (c) of Section 830.5 of the Penal Code.
(3) The Attorney General.
(4) District attorneys of any county within the state.
(5) Prosecuting city attorneys of any city within the state.
(6) Probation officers of any city or county of the state.
(7) Parole officers of any city or county of the state.
1808. (a) Except where a specific provision of law prohibits the
disclosure of records or information or provides for confidentiality,
all records of the department relating to the registration of
vehicles, other information contained on an application for a driver'
s license, abstracts of convictions, and abstracts of accident
reports required to be sent to the department in Sacramento, except
for abstracts of accidents where, in the opinion of a reporting
officer, another individual was at fault, shall be open to public
inspection during office hours. All abstracts of accident reports
shall be available to law enforcement agencies and courts of
competent jurisdiction.
(b) The department shall make available or disclose abstracts of
convictions and abstracts of accident reports required to be sent to
the department in Sacramento, as described in subdivision (a), if the
date of the occurrence is not later than the following:
(1) Ten years for a violation pursuant to Section 23140, 23152, or
23153.
(2) Seven years for a violation designated as two points pursuant
to Section 12810, except as provided in paragraph (1) of this
subdivision.
(3) Three years for accidents and all other violations.
(c) The department shall make available or disclose suspensions
and revocations of the driving privilege while the suspension or
revocation is in effect and for three years following termination of
the action or reinstatement of the privilege, except that driver's
license suspension actions taken pursuant to Sections 13202.6 and
13202.7, or Section 256 or 11350.6 of the Welfare and Institutions
Code shall be disclosed only during the actual time period in which
the suspension is in effect.
(d) The department shall not make available or disclose a
suspension or revocation that has been judicially set aside or
stayed.
(e) The department shall not make available or disclose personal
information about a person unless the disclosure is in compliance
with the Driver's Privacy Protection Act of 1994 (18 U.S.C. Sec. 2721
et seq.). However, a disclosure is subject to the prohibition in
paragraph (2) of subdivision (a) of Section 12800.5.
(f) The department shall make available or disclose to the courts
and law enforcement agencies a conviction of Section 23103, as
specified in Section 23103.5, or a conviction of Section 23140,
23152, or 23153, or Section 655 of the Harbors and Navigation Code,
or paragraph (1) of subdivision (c) of Section 192 of the Penal Code
for a period of 10 years from the date of the offense for the purpose
of imposing penalties mandated by this code, or by other applicable
provisions of California law.
(g) The department shall make available or disclose to the courts
and law enforcement agencies a conviction of Section 191.5, or
subdivision (a) of Section 192.5 of the Penal Code, punished as a
felony, for the purpose of imposing penalties mandated by Section
23550.5, or by other applicable provisions of California law.
1808.1. (a) The prospective employer of a driver who drives a
vehicle specified in subdivision (k) shall obtain a report showing
the driver's current public record as recorded by the department. For
purposes of this subdivision, a report is current if it was issued
less than 30 days prior to the date the employer employs the driver.
The report shall be reviewed, signed, and dated by the employer and
maintained at the employer's place of business until receipt of the
pull-notice system report pursuant to subdivisions (b) and (c). These
reports shall be presented upon request to an authorized
representative of the Department of the California Highway Patrol
during regular business hours.
(b) The employer of a driver who drives a vehicle specified in
subdivision (k) shall participate in a pull-notice system, which is a
process for the purpose of providing the employer with a report
showing the driver's current public record as recorded by the
department, and any subsequent convictions, failures to appear,
accidents, driver's license suspensions, driver's license
revocations, or any other actions taken against the driving privilege
or certificate, added to the driver's record while the employer's
notification request remains valid and uncanceled. As used in this
section, participation in the pull-notice system means obtaining a
requester code and enrolling all employed drivers who drive a vehicle
specified in subdivision (k) under that requester code.
(c) The employer of a driver of a vehicle specified in subdivision
(k) shall, additionally, obtain a periodic report from the
department at least every 12 months. The employer shall verify that
each employee's driver's license has not been suspended or revoked,
the employee's traffic violation point count, and whether the
employee has been convicted of a violation of Section 23152 or 23153.
The report shall be signed and dated by the employer and maintained
at the employer's principal place of business. The report shall be
presented upon demand to an authorized representative of the
Department of the California Highway Patrol during regular business
hours.
(d) Upon the termination of a driver's employment, the employer
shall notify the department to discontinue the driver's enrollment in
the pull-notice system.
(e) For the purposes of the pull-notice system and periodic report
process required by subdivisions (b) and (c), an owner, other than
an owner-operator as defined in Section 34624, and an employer who
drives a vehicle described in subdivision (k) shall be enrolled as if
he or she were an employee. A family member and a volunteer driver
who drives a vehicle described in subdivision (k) shall also be
enrolled as if he or she were an employee.
(f) An employer who, after receiving a driving record pursuant to
this section, employs or continues to employ as a driver a person
against whom a disqualifying action has been taken regarding his or
her driving privilege or required driver's certificate, is guilty of
a public offense, and upon conviction thereof, shall be punished by
confinement in a county jail for not more than six months, by a fine
of not more than one thousand dollars ($1,000), or by both that
confinement and fine.
(g) As part of its inspection of bus maintenance facilities and
terminals required at least once every 13 months pursuant to
subdivision (c) of Section 34501, the Department of the California
Highway Patrol shall determine whether each transit operator, as
defined in Section 99210 of the Public Utilities Code, is then in
compliance with this section and Section 12804.6, and shall certify
each operator found to be in compliance. Funds shall not be allocated
pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of
Division 10 of the Public Utilities Code to a transit operator that
the Department of the California Highway Patrol has not certified
pursuant to this section.
(h) (1) A request to participate in the pull-notice system
established by this section shall be accompanied by a fee determined
by the department to be sufficient to defray the entire actual cost
to the department for the notification service. For the receipt of
subsequent reports, the employer shall also be charged a fee
established by the department pursuant to Section 1811. An employer
who qualifies pursuant to Section 1812 shall be exempt from any fee
required pursuant to this section. Failure to pay the fee shall
result in automatic cancellation of the employer's participation in
the notification services.
(2) A regularly organized fire department, having official
recognition of the city, county, city and county, or district in
which the department is located, shall participate in the pull-notice
program and shall not be subject to the fee established pursuant to
this subdivision.
(i) The department, as soon as feasible, may establish an
automatic procedure to provide the periodic reports to an employer by
mail or via an electronic delivery method, as required by
subdivision (c), on a regular basis without the need for individual
requests.
(j) (1) The employer of a driver who is employed as a casual
driver is not required to enter that driver's name in the pull-notice
system, as otherwise required by subdivision (a). However, the
employer of a casual driver shall be in possession of a report of the
driver's current public record as recorded by the department, prior
to allowing a casual driver to drive a vehicle specified in
subdivision (k). A report is current if it was issued less than six
months prior to the date the employer employs the driver.
(2) For the purposes of this subdivision, a driver is employed as
a casual driver when the employer has employed the driver less than
30 days during the preceding six months. "Casual driver" does not
include a driver who operates a vehicle that requires a passenger
transportation endorsement.
(k) This section applies to a vehicle for the operation of which
the driver is required to have a class A or class B driver's license,
a class C license with a hazardous materials endorsement, a class C
license issued pursuant to Section 12814.7, or a certificate issued
pursuant to Section 12517, 12519, 12520, 12523, 12523.5, or 12527, or
a passenger vehicle having a seating capacity of not more than 10
persons, including the driver, operated for compensation by a
charter-party carrier of passengers or passenger stage corporation
pursuant to a certificate of public convenience and necessity or a
permit issued by the Public Utilities Commission.
(l) This section shall not be construed to change the definition
of "employer," "employee," or "independent contractor" for any
purpose.
(m) A motor carrier who contracts with a person to drive a vehicle
described in subdivision (k) that is owned by, or leased to, that
motor carrier, shall be subject to subdivisions (a), (b), (c), (d),
(f), (j), (k), and (l) and the employer obligations in those
subdivisions.
1808.2. In addition to those specified in Section 1808.4, the home
address of any inspector or investigator regularly employed and paid
as such in the office of a district attorney or any peace officer
employee of the Board of Prison Terms appearing in any record of the
department is confidential.
1808.21. (a) Any residence address in any record of the department
is confidential and shall not be disclosed to any person, except a
court, law enforcement agency, or other government agency, or as
authorized in Section 1808.22 or 1808.23.
(b) Release of any mailing address or part thereof in any record
of the department may be restricted to a release for purposes related
to the reasons for which the information was collected, including,
but not limited to, the assessment of driver risk, or ownership of
vehicles or vessels. This restriction does not apply to a release to
a court, a law enforcement agency, or other governmental agency, or a
person who has been issued a requester code pursuant to Section
1810.2.
(c) Any person providing the department with a mailing address
shall declare, under penalty of perjury, that the mailing address is
a valid, existing, and accurate mailing address and shall consent to
receive service of process pursuant to subdivision (b) of Section
415.20, subdivision (a) of Section 415.30, and Section 416.90 of the
Code of Civil Procedure at the mailing address.
(d) (1) Any registration or driver's license record of a person
may be suppressed from any other person, except those persons
specified in subdivision (a), if the person requesting the
suppression submits either of the following:
(A) A certificate or identification card issued to the person as a
program participant by the Secretary of State pursuant to Chapter
3.1 (commencing with Section 6205) of Division 7 of Title 1 of the
Government Code.
(B) Verification acceptable to the department that he or she has
reasonable cause to believe either of the following:
(i) That he or she is the subject of stalking, as specified in
Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code.
(ii) That there exists a threat of death or great bodily injury to
his or her person, as defined in Section 12022.7 of the Penal Code.
(2) Upon suppression of a record, each request for information
about that record shall be authorized by the subject of the record or
verified as legitimate by other investigative means by the
department before the information is released.
(e) (1) The suppression of a record pursuant to a verification
under subparagraph (B) of paragraph (1) of subdivision (d) shall
occur for one year after approval by the department. Not less than 60
days prior to the date the suppression of the record would otherwise
expire, the department shall notify the subject of the record of its
impending expiration. The suppression may be continued for two
additional periods of one year each if a letter is submitted to the
department stating that the person continues to have a reasonable
cause to believe that he or she is the subject of stalking or that
there exists a threat of death or great bodily injury as described in
subparagraph (B) of paragraph (1) of subdivision (d). The
suppression may be additionally continued at the end of the second
one-year period by submitting verification acceptable to the
department. The notification described in this subdivision shall
instruct the person of the method to reapply for record suppression.
(2) The suppression of a record made in accordance with the
submission of a certificate or identification card under subparagraph
(A) of paragraph (1) of subdivision (d) shall occur for four years
following the submission of the certificate or identification card
described in this paragraph. The suppression may be continued for an
additional four-year period, and for subsequent four-year periods,
upon the submission of a current certificate or identification card
described in this paragraph.
(f) For the purposes of subdivisions (d) and (e), "verification
acceptable to the department" means recent police reports, court
documentation, or other documentation from a law enforcement agency.
1808.22. (a) Section 1808.21 does not apply to a financial
institution licensed by the state or federal government to do
business in the State of California, if the financial institution
states under penalty of perjury that it has obtained a written waiver
of Section 1808.21 signed by the individual whose address is
requested, or to providing the address of a person who has entered
into an agreement held by that institution prior to July 1, 1990, so
long as that agreement remains in effect.
(b) (1) Section 1808.21 does not apply to an insurance company
licensed to do business in California, or to an authorized contractor
acting on behalf of that insurance company, pursuant to a
contractual agreement, if the company or contractor, under penalty of
perjury, requests the information for the purpose of obtaining the
address of another motorist or vehicle owner involved in an accident
with the company's insured.
(2) Section 1808.21 does not apply to an insurance company
licensed to do business in California if the company, under penalty
of perjury, requests the information on an individual who has signed
a written waiver of Section 1808.21 or on the individuals insured
under a policy if a named insured of that policy has signed a written
waiver.
(c) (1) Notwithstanding any other provisions of the Vehicle Code
and regulations adopted by the department, all information obtained
from the department pursuant to the exemptions in subdivision (b)
shall be subject to the existing use or disclosure limitations and
data security requirements for the principal under applicable state
and federal law.
(2) Use or disclosure limitations and data security requirements
imposed on an authorized contractor by this subdivision shall be
enforced by the department in compliance with its existing
regulations governing the use or disclosure of information obtained
from the department pursuant to subdivision (b).
(3) The use or disclosure of information obtained from the
department by an authorized contractor of the insurance company
pursuant to paragraph (1) of subdivision (b) shall be permitted only
for the purpose of obtaining the address of another motorist or
vehicle owner involved in an accident with the company's insured. The
information shall not be used or disclosed for any other purpose,
other than the reason for which the information was requested, or to
any other person.
(4) An insurance company shall be responsible for any misuse of
the information by the authorized contractor.
(5) An authorized contractor is subject to all of the following
requirements:
(A) All information obtained by the contractor from the department
pursuant to paragraph (1) of subdivision (b), and any copies made of
that information, shall be destroyed by the contractor pursuant to
Section 1798.81 of the Civil Code, once the contractor has used the
information for the purpose of obtaining the address of a motorist or
vehicle owner involved in an accident with individuals insured with
the insurer.
(B) The contractor shall not sell the information obtained from
the department or store, combine, or link that information with a
database for resale or for any purpose other than obtaining the
address of a motorist or vehicle owner involved in an accident with
individuals insured with the insurer.
(C) The contractor shall maintain a log to track the receipt, use,
and dissemination of the information. The log shall be immediately
available to the department upon request and maintained for four
years from the date of the request.
(D) The contractor shall maintain a surety bond in the amount of
fifty thousand dollars ($50,000), consistent with subdivision (c) of
Section 1810.2 and Section 350.24 of Title 13 of the California Code
of Regulations.
(E) A contractor that violates this section shall be liable to the
department for civil penalties up to the amount of one hundred
thousand dollars ($100,000), and, if the contractor is a commercial
requester pursuant to Section 1810.2, the contractor shall also have
his or her requester code suspended for a period of five years, or
revoked, pursuant to Section 1808.46.
(d) Section 1808.21 does not apply to an attorney if the attorney
states, under penalty of perjury, that the motor vehicle or vessel
registered owner or driver residential address information is
necessary in order to represent his or her client in a criminal or
civil action that directly involves the use of the motor vehicle or
vessel that is pending, is to be filed, or is being investigated.
Information requested pursuant to this subdivision is subject to all
of the following:
(1) The attorney shall state that the criminal or civil action
that is pending, is to be filed, or is being investigated relates
directly to the use of that motor vehicle or vessel.
(2) The case number, if any, or the names of expected parties to
the extent they are known to the attorney requesting the information,
shall be listed on the request.
(3) A residence address obtained from the department shall not be
used for any purpose other than in furtherance of the case cited or
action to be filed or that is being investigated.
(4) If an action is not filed within a reasonable time, the
residence address information shall be destroyed.
(5) An attorney shall not request residential address information
pursuant to this subdivision in order to sell the information to a
person.
(6) Within 10 days of receipt of a request, the department shall
notify every individual whose residence address has been requested
pursuant to this subdivision.
(e) A knowing violation of paragraph (1), (2), (3), (4), or (5) of
subdivision (d) is a misdemeanor. A knowing violation of paragraph
(1), (2), (3), (4), or (5) of subdivision (d) in furtherance of
another crime is subject to the same penalties as that other crime.
1808.23. (a) Section 1808.21 does not apply to a vehicle
manufacturer licensed to do business in this state if the
manufacturer, or its agent, under penalty of perjury, requests and
uses the information only for the purpose of safety, warranty,
including a warranty issued in compliance with Section 1795.92 of the
Civil Code, emission, or product recall if the manufacturer offers
to make and makes any changes at no cost to the vehicle owner.
(b) Section 1808.21 does not apply to a dealer licensed to do
business in this state if the dealer, or its agent, under penalty of
perjury, requests and uses the information only for the purpose of
completing registration transactions and documents.
(c) Section 1808.21 does not apply to a person who, under penalty
of perjury, requests and uses the information as permitted under
subdivision (h) of Section 1798.24 of the Civil Code, if the request
specifies that no persons will be contacted by mail or otherwise at
the address included with the information released. The information
released by the department under this subdivision shall not be in a
form that identifies any person.
(d) Residential addresses released shall not be used for direct
marketing or solicitation for the purchase of any consumer product or
service.
1808.24. Information regarding any motor vehicle liability
insurance policy or surety bond provided to the department pursuant
to Section 4000.37 or provided electronically is confidential and
shall not be disclosed to any person, except to the following:
(a) A court of competent jurisdiction.
(b) A law enforcement or other governmental agency.
(c) An insurance company or its assigns to verify a record the
company or its assigns previously submitted to the department.
(d) A person whose vehicle or property has been involved in an
accident reported to the department, or who suffered bodily injury or
death in an accident reported to the department, pursuant to Chapter
1 (commencing with Section 16000) of Division 7, or the person's
authorized representative, employer, parent, or legal guardian.
1808.25. (a) The department shall implement a program to provide
residence address information to an accredited degree-granting
nonprofit independent institution of higher education incorporated in
the state, that has concluded a memorandum of understanding pursuant
to subdivision (b) of Section 830.7 of the Penal Code if, under
penalty of perjury, the institution requests and uses the information
solely for the purpose of enforcing parking restrictions.
(b) The memorandum of understanding executed by the sheriff or
chief of police within whose jurisdiction the independent institution
is located shall expressly permit the institution to enforce parking
restrictions pursuant to subdivision (b) of Section 830.7 of the
Penal Code. For the purposes of this subdivision, a participating
institution shall enter into a contractual agreement with the
department that, at a minimum, requires the institution to do all of
the following:
(1) Establish and maintain procedures, to the satisfaction of the
department, for persons to contest parking violation notices issued
by the institution.
(2) Remit a fee, as determined by the department, to cover the
department's costs of providing each address to the institution.
(3) Agree that access to confidential residence address
information from the department's vehicle registration database will
be provided only through an approved commercial requester account.
(4) Establish and maintain a system that ensures that confidential
address information obtained from the department is used solely for
the purpose specified in subdivision (a).
(c) The director may terminate a contract authorized by
subdivision (b) at any time the department determines that the
independent institution of higher education fails to maintain
adequate safeguards to ensure that the operation of the program does
not adversely affect those individuals whose records are maintained
in the department's files, or that the information is used for any
purpose other than that specified in subdivision (a).
(d) Sections 1808.45, 1808.46, and 1808.47 are applicable to
persons who obtain department records pursuant to this section and
the department may pursue any appropriate civil or criminal action
against any individual at an independent institution who violates the
provisions of this section.
(e) For purposes of this article only, any confidential
information obtained from the department for administration or
enforcement of this article shall be held confidential, except to the
extent necessary for the enforcement of parking restrictions, and
may not be used for any purpose other than the administration or
enforcement of parking restrictions.
1808.4. (a) For all of the following persons, his or her home
address that appears in a record of the department is confidential if
the person requests the confidentiality of that information:
(1) Attorney General.
(2) State Public Defender.
(3) A Member of the Legislature.
(4) A judge or court commissioner.
(5) A district attorney.
(6) A public defender.
(7) An attorney employed by the Department of Justice, the office
of the State Public Defender, or a county office of the district
attorney or public defender.
(8) A city attorney and an attorney who submits verification from
his or her public employer that the attorney represents the city in
matters that routinely place the attorney in personal contact with
persons under investigation for, charged with, or convicted of,
committing criminal acts, if that attorney is employed by a city
attorney.
(9) A nonsworn police dispatcher.
(10) A child abuse investigator or social worker, working in child
protective services within a social services department.
(11) An active or retired peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal
Code.
(12) An employee of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, or the Prison
Industry Authority specified in Sections 20403 and 20405 of the
Government Code.
(13) A nonsworn employee of a city police department, a county
sheriff's office, the Department of the California Highway Patrol, a
federal, state, or local detention facility, or a local juvenile
hall, camp, ranch, or home, who submits agency verification that, in
the normal course of his or her employment, he or she controls or
supervises inmates or is required to have a prisoner in his or her
care or custody.
(14) A county counsel assigned to child abuse cases.
(15) An investigator employed by the Department of Justice, a
county district attorney, or a county public defender.
(16) A member of a city council.
(17) A member of a board of supervisors.
(18) A federal prosecutor, criminal investigator, or National Park
Service Ranger working in this state.
(19) An active or retired city enforcement officer engaged in the
enforcement of the Vehicle Code or municipal parking ordinances.
(20) An employee of a trial court.
(21) A psychiatric social worker employed by a county.
(22) A police or sheriff department employee designated by the
Chief of Police of the department or the sheriff of the county as
being in a sensitive position. A designation pursuant to this
paragraph shall, for purposes of this section, remain in effect for
three years subject to additional designations that, for purposes of
this section, shall remain in effect for additional three-year
periods.
(23) A state employee in one of the following classifications:
(A) Licensing Registration Examiner, Department of Motor Vehicles.
(B) Motor Carrier Specialist 1, Department of the California
Highway Patrol.
(C) Museum Security Officer and Supervising Museum Security
Officer.
(24) (A) The spouse or child of a person listed in paragraphs (1)
to (23), inclusive, regardless of the spouse's or child's place of
residence.
(B) The surviving spouse or child of a peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code, if the peace officer died in the line of duty.
(C) (i) Subparagraphs (A) and (B) shall not apply if the person
listed in those subparagraphs was convicted of a crime and is on
active parole or probation.
(ii) For requests made on or after January 1, 2011, the person
requesting confidentiality for their spouse or child listed in
subparagraph (A) or (B) shall declare, at the time of the request for
confidentiality, whether the spouse or child has been convicted of a
crime and is on active parole or probation.
(iii) Neither the listed person's employer nor the department
shall be required to verify, or be responsible for verifying, that a
person listed in subparagraph (A) or (B) was convicted of a crime and
is on active parole or probation.
(b) The confidential home address of a person listed in
subdivision (a) shall not be disclosed, except to any of the
following:
(1) A court.
(2) A law enforcement agency.
(3) The State Board of Equalization.
(4) An attorney in a civil or criminal action that demonstrates to
a court the need for the home address, if the disclosure is made
pursuant to a subpoena.
(5) A governmental agency to which, under any provision of law,
information is required to be furnished from records maintained by
the department.
(c) (1) A record of the department containing a confidential home
address shall be open to public inspection, as provided in Section
1808, if the address is completely obliterated or otherwise removed
from the record.
(2) Following termination of office or employment, a confidential
home address shall be withheld from public inspection for three
years, unless the termination is the result of conviction of a
criminal offense. If the termination or separation is the result of
the filing of a criminal complaint, a confidential home address shall
be withheld from public inspection during the time in which the
terminated individual may file an appeal from termination, while an
appeal from termination is ongoing, and until the appeal process is
exhausted, after which confidentiality shall be at the discretion of
the employing agency if the termination or separation is upheld. Upon
reinstatement to an office or employment, the protections of this
section are available.
(3) With respect to a retired peace officer, his or her home
address shall be withheld from public inspection permanently upon
request of confidentiality at the time the information would
otherwise be opened. The home address of the surviving spouse or
child listed in subparagraph (B) of paragraph (24) of subdivision (a)
shall be withheld from public inspection for three years following
the death of the peace officer.
(4) The department shall inform a person who requests a
confidential home address what agency the individual whose address
was requested is employed by or the court at which the judge or court
commissioner presides.
(d) A violation of subdivision (a) by the disclosure of the
confidential home address of a peace officer, as specified in
paragraph (11) of subdivision (a), a nonsworn employee of the city
police department or county sheriff's office, or the spouses or
children of these persons, including, but not limited to, the
surviving spouse or child listed in subparagraph (B) of paragraph
(24) of subdivision (a), that results in bodily injury to the peace
officer, employee of the city police department or county sheriff's
office, or the spouses or children of these persons is a felony.
1808.45. The willful, unauthorized disclosure of information from
any department record to any person, or the use of any false
representation to obtain information from a department record or any
use of information obtained from any department record for a purpose
other than the one stated in the request or the sale or other
distribution of the information to a person or organization for
purposes not disclosed in the request is a misdemeanor, punishable by
a fine not exceeding five thousand dollars ($5,000) or by
imprisonment in the county jail not exceeding one year, or both fine
and imprisonment.
1808.46. No person or agent shall directly or indirectly obtain
information from the department files using false representations or
distribute restricted or confidential information to any person or
use the information for a reason not authorized or specified in a
requester code application. Any person who violates this section, in
addition to any other penalty provided in this code, is liable to the
department for civil penalties up to one hundred thousand dollars
($100,000) and shall have its requester code privileges suspended for
a period of up to five years, or revoked. The regulatory agencies
having jurisdiction over any licensed person receiving information
pursuant to this chapter shall implement procedures to review the
procedures of any licensee which receives information to ensure
compliance with the limitations on the use of information as part of
the agency's regular oversight of the licensees. The agency shall
report noncompliance to the department.
1808.47. Any person who has access to confidential or restricted
information from the department shall establish procedures to protect
the confidentiality of those records. If any confidential or
restricted information is released to any agent of a person
authorized to obtain information, the person shall require the agent
to take all steps necessary to ensure confidentiality and prevent the
release of any information to a third party. No agent shall obtain
or use any confidential or restricted records for any purpose other
than the reason the information was requested.
1808.5. Except as provided in Section 22511.58, all records of the
department relating to the physical or mental condition of any
person, and convictions of any offense involving the use or
possession of controlled substances under Division 10 (commencing
with Section 11000) of the Health and Safety Code not arising from
circumstances involving a motor vehicle, are confidential and not
open to public inspection.
1808.6. (a) In addition to those specified in Section 1808.4, the
home address of any of the following persons, that appears in any
record of the department, is confidential, if the person requests the
confidentiality of that information:
(1) The chairperson, executive officer, commissioners, and deputy
commissioners of the Board of Prison Terms.
(2) The chairperson, members, executive director, and hearing
representatives of the Youthful Offender Parole Board.
(3) The spouse or children of persons listed in this section,
regardless of the spouse's or child's place of residence.
(b) The confidential home address of any of the persons listed in
subdivision (a) shall not be disclosed to any person, except a court,
a law enforcement agency, the State Board of Equalization, or any
governmental agency to which, under any provision of law, information
is required to be furnished from records maintained by the
department.
(c) Any record of the department containing a confidential home
address shall be open to public inspection, as provided in Section
1808, if the address is completely obliterated or otherwise removed
from the record. The home address shall be withheld from public
inspection for three years following termination of office or
employment, except with respect to retired peace officers, whose home
addresses shall be withheld from public inspection permanently upon
request of confidentiality at the time the information would
otherwise be opened. The department shall inform any person who
requests a confidential home address of the name of the agency that
employs the individual whose address was requested.
1808.7. (a) The record of the department relating to the first
proceeding and dismissal under Section 1803.5 in any 18-month period
for participation by a person in a licensed school for traffic
violators, a licensed driving school, or any other court-approved
program of driving instruction, is confidential, shall not be
disclosed to any person, except a court, and shall be used only for
statistical purposes by the department.
(b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute that
is enacted before January 1, 2012, deletes or extends the dates on
which it becomes inoperative and is repealed.
1808.7. (a) The record of the department relating to the first
proceeding and conviction under Section 1803.5 in any 18-month period
for completion of a traffic violator school program is confidential,
shall not be disclosed to any person, except a court and as provided
for in subdivision (b), and shall be used only for statistical
purposes by the department. No violation point count shall be
assessed pursuant to Section 12810 if the conviction is confidential.
(b) The record of a conviction described in subdivision (a) shall
not be confidential if any of the following circumstances applies:
(1) The person convicted holds a commercial driver's license as
defined by Section 15210.
(2) The person convicted holds a commercial driver's license in
another state, in accordance with Part 383 of Title 49 of the Code of
Federal Regulations.
(3) The violation occurred in a commercial motor vehicle, as
defined in subdivision (b) of Section 15210.
(4) The conviction would result in a violation point count of more
than one point pursuant to Section 12810.
(c) This section shall become operative on July 1, 2011.
1808.7. (a) The record of the department relating to the first
proceeding and conviction under Section 1803.5 in any 18-month period
for completion of a traffic violator school program is confidential,
shall not be disclosed to any person, except a court and as provided
for in subdivision (b), and shall be used only for statistical
purposes by the department. No violation point count shall be
assessed pursuant to Section 12810 if the conviction is confidential.
(b) The record of a conviction described in subdivision (a) shall
not be confidential if any of the following circumstances applies:
(1) The person convicted holds a commercial driver's license as
defined by Section 15210.
(2) The person convicted holds a commercial driver's license in
another state, in accordance with Part 383 of Title 49 of the Code of
Federal Regulations.
(3) The violation occurred in a commercial motor vehicle, as
defined in subdivision (b) of Section 15210.
(4) The conviction would result in a violation point count of more
than one point pursuant to Section 12810.
(c) This section shall become operative on July 1, 2011.
1808.8. (a) Dismissal of any driver certified pursuant to Section
12517, 12523, or 12523.5, for a cause relating to pupil
transportation safety, shall be reported by the carrier to the
department within five days of the dismissal date.
(b) Reinstatement of any driver whose dismissal has been reported
under subdivision (a) shall be reported by the carrier to the
department within five days of the reinstatement date.
1808.9. (a) Except for retired peace officers whose home address is
permanently withheld from public inspection under subdivision (c) of
Section 1808.4 or subdivision (c) of Section 1808.6, a person whose
home address is confidential in any record of the department under
Section 1808.2, 1808.4, or 1808.6 may be required by the department
to demonstrate his or her continued eligibility for that
confidentiality upon renewal of a driver's license or identification
card issued by the department. Not later than 90 days prior to the
expiration of a driver's license or identification card, the
department shall notify the person whose record is confidential of
any requirement to demonstrate the continued eligibility.
(b) A person whose driver's license or identification card is
renewed within one year of the first request for address
confidentiality under this section shall not be required to
demonstrate his or her eligibility for that confidentially again
until the subsequent renewal.
1809. The department may prepare and disseminate information
relating to prevention of traffic accidents.
1810. (a) Except as provided in Sections 1806.5, 1808.2, 1808.4,
1808.5, 1808.6, 1808.7, 1808.8, and paragraph (2) of subdivision (a)
of Section 12800.5, the department may permit inspection of, or sell,
or both, information from its records concerning the registration of
any vehicle or information from the files of drivers' licenses at a
charge sufficient to pay at least the actual cost to the department
for providing the inspection or sale of the information, including,
but not limited to, costs incurred by the department in carrying out
subdivision (b), with the charge for the information to be determined
by the director. This section does not apply to statistical
information of the type previously compiled and distributed by the
department.
(b) (1) With respect to the inspection or sale of information
concerning the registration of any vehicle or of information from the
files of drivers' licenses, the department shall establish, by
regulation, administrative procedures under which any person making a
request for that information shall be required to identify himself
or herself and state the reason for making the request. The
procedures shall provide for the verification of the name and address
of the person making a request for the information, and the
department may require the person to produce that information as it
determines is necessary to ensure that the name and address of the
person is the true name and address. The procedures may provide for a
10-day delay in the release of the requested information. The
procedures shall also provide for notification to the person to whom
the information primarily relates, as to what information was
provided and to whom it was provided. The department shall establish,
by regulation, a reasonable period of time for which a record of all
the foregoing shall be maintained.
(2) The procedures required by this subdivision do not apply to
any governmental entity, any person who has applied for and has been
issued a requester code by the department, or any court of competent
jurisdiction.
(c) With respect to the inspection or sale of information from the
files of drivers' licenses, the department may require both the full
name of the driver and either the driver's license number or date of
birth as identifying points of the record, except that the
department may disclose a record without two identifying points if
the department determines that the public interest in disclosure
outweighs the public interest in personal privacy.
(d) With respect to the inspection or sale of information from the
files of drivers' licenses, certificates of ownership, and
registration cards, the department may not allow, for a fee or
otherwise, copying by the public.
1810.2. (a) The department may establish commercial requester
accounts for individuals or organizations and issue requester codes
for the purpose of obtaining information from the department's files,
except as prohibited by Section 1808.21.
(b) Commercial requester account applications shall include the
requester's name, address, type of business, a specific reason for
requesting information, and the name of the person responsible for
the business or firm.
(c) The department shall establish a commercial requester account
when it determines that the applicant has a legitimate business need
for the information requested and when the applicant files a bond in
the amount of fifty thousand dollars ($50,000) and pays a two hundred
fifty dollar ($250) filing fee. If the applicant does not request
and is not issued a requester code permitting the applicant access to
residence address information, only a filing fee of fifty dollars
($50) shall be required with the original application and each
biennial renewal application.
(d) An individual requester code shall be issued for a period not
to exceed five years and may be renewed upon application for
additional periods not to exceed five years each.
(e) A requester code may be denied to any person unless the
proposed use of the information from department records is related to
legitimate business or commercial purposes of that person. A
requester code may be canceled immediately if the requested
information is used for a purpose other than the purpose for which
the requester code was issued.
1810.3. (a) Using the information made available in the accident
reports provided to the department by law enforcement agencies under
Section 20012, the department may provide information consisting of
the following, for each vehicle that is included in those reports:
(1) The license plate number.
(2) The accident report number.
(b) Notwithstanding Section 16005, 20012, or 20014, or any other
provision of law, the department may make the information available
to a person who has done both of the following:
(1) Established a commercial requester account under Section
1810.2.
(2) Entered into an agreement described under subdivision (c).
(c) The department shall not provide information under this
section unless the person requesting the information has entered into
an agreement with the department that includes the following
stipulations:
(1) The information provided may not be used for the purpose of
identifying or contacting any person or for any other purpose, except
as specified in paragraph (2).
(2) The information may be used only to identify a vehicle that
has been reported to be in a traffic accident.
(3) The law enforcement agency accident report number and license
plate number provided under this section shall be used only for the
internal verification purposes of the business that receives the
information and may not be disclosed to any party other than the
department or the Department of the California Highway Patrol.
(4) The requester agrees to investigate and promptly correct any
error that is brought to its attention.
(d) Use of the information provided under this section in
violation of paragraph (1), (2), or (3) of subdivision (c) is a
violation of Sections 1808.45 and 1808.46.
1810.5. The Attorney General, district atto
