Article 3 - Records of Department

California Vehicle Code — §§ 1800-1825

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Sections (54)

Amended by Stats. 2003, Ch. 594, Sec. 14. Effective January 1, 2004.

(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

Amended by Stats. 1996, Ch. 10, Sec. 9. Effective February 9, 1996.

(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

Amended by Stats. 2018, Ch. 400, Sec. 2. (AB 3163) Effective September 14, 2018.

(a)Notwithstanding any other law, the department may allow a person to submit a 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.

(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, is deemed the same as an original document, and is admissible in all administrative, quasi-judicial, and judicial proceedings.

§ 1801.2

Added by Stats. 2022, Ch. 838, Sec. 4. (SB 1193) Effective January 1, 2023.

(a)For a provision of this code or of Title 13 of the California Code of Regulations that requires the department to mail, notify, deliver via certified or first class mail, provide information in written form, or otherwise references the use of paper, a writing, or the mail to convey information to a person, including to notify a person of any departmental actions related to a permit, license, identification card, endorsement, certificate, or vehicle registration, that requirement may be satisfied by electronic notification, including, but not limited to, email, if the all of the following are established by the department:

(1)The department identified the person prior to accepting their consent to receive the type of document or information

that is electronically delivered.

(2)The person consented to the electronic receipt of the type of document or information delivered.

(3)The department permits a person to withdraw their consent to electronically receive the type of document or information.

(4)The department records do not indicate the person withdrew their consent to electronically receive this type of document or information as of the date the document or information was electronically sent.

(b)For a provision of this code that refers to an address for any kind of notice or mailing, and mailing is effected pursuant to this section, an email or electronic delivery address provided to the department by the recipient may be used.

(c)A person who provides an electronic delivery address to the department shall notify the department of any change to that address.

(d)The consent to accept electronic notification may be made electronically.

(e)The department may adopt regulations to implement this section.

§ 1802

Enacted by Stats. 1959, Ch. 3.

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

Current Version

Amended by Stats. 2024, Ch. 226, Sec. 8. (AB 3278) Effective January 1, 2025. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 9 of Stats. 2024, Ch. 226.

(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 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).

(d)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.

(e)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Future Version

Repealed (in Sec. 8) and added by Stats. 2024, Ch. 226, Sec. 9. (AB 3278) Effective January 1, 2025. Operative January 1, 2027, by its own provisions.

(a)(1) (A) The clerk of a court in which a person was convicted of a violation listed in subparagraph (B) shall prepare an abstract of the record of the court covering the case within five days after conviction and immediately forward that abstract to the department at its office at Sacramento.

(B) Pursuant to subparagraph (A), the clerk of the court shall prepare an abstract of the record of the court covering the case for a violation of any of the following:

(i)This code.

(ii) Subdivisions (a) to (f), inclusive, of Section 655 of the Harbors and Navigation Code pertaining

to a mechanically propelled vessel but not to manipulating a water ski, an aquaplane, or similar device.

(iii) Section 655.2, 655.6, 658, or 658.5 of the Harbors and Navigation Code.

(iv) Subdivision (a) of Section 192.5 of the Penal Code.

(v)Subdivision (b) of Section 5387 of the Public Utilities Code.

(vi) An offense involving use or possession of controlled substances under Division 10 (commencing with Section 11000) of the Health and Safety Code.

(vii) 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.

(viii) Any other statute relating to the safe operation of vehicles.

(C) 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.

(5)Division 15 (commencing with Section 35000), except Chapter 5 (commencing with Section 35550).

(6)A violation 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.

(9)Section 40508.

(d)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.

(e)This section shall become operative on January 1, 2027.

§ 1803.3

Amended by Stats. 2022, Ch. 800, Sec. 3. (AB 2746) Effective January 1, 2023.

(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 former Section 40509 or former Section 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 former Section 40509 or former Section 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

Amended by Stats. 1999, Ch. 22, Sec. 6. Effective May 26, 1999.

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

Repealed (in Sec. 1.5) and added by Stats. 2010, Ch. 599, Sec. 1.7. (AB 2499) Effective January 1, 2011. Section operative July 1, 2011, by its own provisions.

(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

Amended by Stats. 2024, Ch. 72, Sec. 65. (SB 156) Effective July 2, 2024.

(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 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

Amended by Stats. 1959, Ch. 1622.

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

Amended by Stats. 1999, Ch. 885, Sec. 9. Effective January 1, 2000.

(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

Added by Stats. 1994, Ch. 1133, Sec. 3. Effective January 1, 1995.

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

Added by Stats. 1986, Ch. 1117, Sec. 1.

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

Amended by Stats. 2005, Ch. 571, Sec. 2. Effective January 1, 2006.

(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

Amended by Stats. 2017, Ch. 299, Sec. 4. (AB 1418) Effective January 1, 2018.

(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 or city prosecutors 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

Amended by Stats. 2019, Ch. 505, Sec. 8. (SB 485) Effective January 1, 2020.

(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 former Sections 13202.6

and 13202.7, Section 17520 of the Family Code, or Section 256 or former Section 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

Amended by Stats. 2018, Ch. 92, Sec. 209. (SB 1289) Effective January 1, 2019.

(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 before 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.

(3)The Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun, and its port agent shall participate in the pull-notice system established by this section, subject to Section 1178.5 of the Harbors and Navigation Code, and shall not be subject to the fees 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, before allowing a casual driver to drive a vehicle specified in subdivision (k). A report is current if it was issued less than six months before 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 any endorsement issued pursuant to Section 15278, 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, 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, or a permitted taxicab company as described in Section 53075.5 of the Government Code.

(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, is subject to subdivisions (a), (b), (c), (d), (f), (j), (k), and (l) and the employer obligations in those subdivisions.

(n)Reports issued pursuant to this section, but only those for a driver of a taxicab engaged in transportation service as described in subdivision (a) of Section 53075.5 of the Government Code, shall be presented upon request, during regular business hours, to an authorized representative of the administrative agency responsible for issuing permits to taxicab transportation services pursuant to Section 53075.5 of the Government Code.

§ 1808.10

Added by Stats. 2012, Ch. 302, Sec. 1. (AB 1888) Effective January 1, 2013.

The record of the department relating to the first proceeding and conviction for a driver licensed with a class A license, class B license, or commercial class C driver’s license in any 18-month period who is allowed, for a traffic offense while operating a vehicle requiring only a class C or a class M license, to complete a course of instruction at a traffic violator school, is not confidential and shall be disclosed for purposes of Title 49 of the Code of Federal Regulations and to insurers by the department for insurance underwriting and rating purposes.

§ 1808.2

Added by Stats. 1980, Ch. 616, Sec. 2. Operative July 1, 1981, by Sec. 4 of Ch. 616.

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