2007 California Vehicle Code Chapter 8. Private Party Vehicle Markets

CA Codes (veh:12101-12104)

VEHICLE CODE

SECTION 12101-12104




12101.  Any transaction which is regulated by this chapter shall not
be subject to the provisions of Article 4 (commencing with Section
21625) of Chapter 9 of Division 8 of the Business and Professions
Code, regulating transactions in identifiable secondhand tangible
personal property. No person shall be considered a "secondhand dealer"
within the meaning of Section 21661 of the Business and Professions
Code because of activities regulated by this chapter.



12102.  The following definitions apply with respect to this
chapter:
   (a) "Private party vehicle market" means any event conducted under
any of the following circumstances:
   (1) An event at which two or more vehicles are offered or
displayed for sale or exchange and a fee is charged for the privilege
of offering or displaying the vehicles for sale or exchange.
   (2) An event at which a fee is charged to prospective buyers for
admission to the area where vehicles are offered or displayed for
sale or exchange.
   (3) An event, other than one conducted by a person listed in
subdivision (a) of Section 286, at which used vehicles are offered or
displayed for sale or exchange if such event is held at the same
place more than six times in any 12-month period, regardless of the
number of persons offering or displaying vehicles or the absence of
fees.
   (b) "Private party vehicle market operator" means any person who
controls, manages, conducts, or otherwise administers a private party
vehicle market.
   (c) "Vendor" means any person who exchanges, sells, or offers for
sale or exchange any vehicle at a private party vehicle market.
   (d) Any event arranged or sponsored, or both, by a dealer licensed
pursuant to Division 5 (commencing with Section 11100) shall not be
considered a private party vehicle market.



12103.  (a) Every private party vehicle market operator shall
maintain a record, for not less than one year, of all of the
following information:
   (1) The name of each vendor selling, exchanging, or offering for
sale or exchange, any vehicle at a private party vehicle market.
   (2) The vendor's driver's license number.
   (3) The registration number assigned to the vehicle and the
vehicle identification number.
   (4) The number of the vehicle's current and valid certificate of
compliance.
   (5) The make, model, and color of the vehicle.
   (b) That information shall be made available, upon request, to any
peace officer and to any employee of the department designated by
the director.


12104.  (a) Every private party vehicle market operator shall
supply, to vendors, sufficient forms which are necessary to comply
with Section 5900.
   (b) Every private party vehicle market operator shall supply, to
vendors, all information made available by the department to the
general public regarding all existing provisions of law pertaining to
requirements for the transfer of vehicle ownership and registration
between parties who are not dealers.

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