Occupational Licensing Industry News OLIN 2006-10

New Information

In compliance with legislation effective July 1, 2006, "Car Buyer's Bill of Rights", DMV's policy regarding temporary branch locations has been modified to ensure that a vehicle buyer is provided with sufficient opportunity to return a vehicle to the selling dealer. This new policy only applies to licensed dealers selling used automobile and commercial vehicles as specified under the new law. Dealers selling recreational vehicles, motorcycles and off-road vehicle may continue to follow the existing policy.

Application for Temporary Branch

Permits

Continue to follow the current procedure for obtaining a temporary branch location. Dealers must certify under penalty of perjury to the terms and conditions as specified on the application and permit. In compliance with the new legislation, dealers are required to:

• Display a sign with the names, address and telephone number of their established place of business. This information must also appear on the Contract Cancellation Option document.
• Display the buyer's notice as required by Section 11709.2 of the Vehicle Code.
• Offer the minimum stipulated by the Car Buyer's Bill of Rights. However, dealers may enhance the minimums required by the bill (e.g., increasing the mileage allowed, extending the time allotted for the return of the vehicle, etc.).
• Maintain the sales location, if a buyer has obtained a contract cancellation option, until the latest possible date and time a buyer may return the vehicle. This includes displaying signs and ensuring staff is available to accept the return of the vehicle.

Revised Forms

The following forms have been revised and are required effective July 1, 2006. Older forms will not be accepted.

• The Application for Temporary Branch Location (OL-73 REV June 2006). The penalty of perjury statement has been expanded to ensure compliance with the provisions specified in the new law. This form may be obtained on the department's website at http://www.dmv.ca.gov/vehindustry/ol/olbranch_top.htm
• The Temporary Branch Permit Automobile/Commercial (OL-73D NEW June 2006), is issued by an Occupational Licensing Inspector. The form contains a new compliance certification and includes a space for a licensee's signature.

New Brochure

A new Fast Facts brochure titled "Car Buyer's Bill of Rights" (FFVR 35) developed by DMV for consumers is available on the department's website at http://www.dmv.ca.gov/pubs/pubs.htm or at the Consumer Affairs website at http://www.dca.ca.gov/r_r/autotoc.htm.

Distribution of this brochure to customers is highly encouraged.

Background

Occupational Licensing Industry News OLIN 2006-06, "Car Buyer's Bill of Rights", provided a summary of the new legislation effective July 1, 2006, that impacts the sale of new and used vehicles. In compliance with the new legislation, changes have been made to the Application for Temporary Branch Locations and the Temporary Branch Permits.

Distribution

Notification that this memo is available online at www.dmv.ca.gov/pubs/olin/olin.htm was made via e-mail alert in June 2006 to the following:

• Dealers
• Registration Services

Contact

Local Occupational Licensing (OL) inspector. A listing of OL inspectors may be obtained online at http://www.dmv.ca.gov/fo/inspector_office.htm

MARY GARCIA, Chief
Occupational Licensing