CHAPTER 8. Private Party Vehicle Markets [12101 - 12104]
( Chapter 8 added by Stats. 1978, Ch. 525. )
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.
(Added by Stats. 1978, Ch. 525.)
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.
(Added by Stats. 1978, Ch. 525.)
(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.
(Amended by Stats. 1991, Ch. 1054, Sec. 4.)
(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.
(Added by Stats. 1978, Ch. 525.)