Statutes, codes, and regulations
California Code Of Regulations
Title 13 - Motor VehiclesDivision 1 - Department of Motor VehiclesChapter 1 - Department of Motor Vehicles
Article 3.6 - Vehicle Industry and Business Enterprises
Section 225.45 - Customer Fees

Cal. Code Regs. tit. 13 § 225.45

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 225.45 - Customer Fees
(a) A business partner shall complete a Business Partner Automation Disclaimer form, REG 4020 (Rev. 7/2010), which is hereby incorporated by reference, for each DMV transaction when a customer fee is charged.

EXCEPTIONS: (1) A business partner completing a conditional sales contract or lease agreement pursuant to Civil Code section 2982, 2982.5 or 2985.8 may disclose the amount of any optional Business Partnership Automation program fee to process transactions identified in Section 225.45(b)(1) through (3) of these regulations using the sales contract or lease agreement in place of the Business Partner Automation Disclaimer form. (2) A business partner acting as a salvage pool, as specified in Vehicle Code section 543, shall be exempt from completing the form. (3) A business partner acting as a licensed registration service, as specified in Vehicle Code section 505.2, may disclose the amount of any optional Business Partnership Automation program fee to process transactions using the methods required under Section 330.30, of Title 13 in the California Code of Regulations in place of the Business Partner Automation Disclaimer form.

(1) The business partner shall obtain the customer's signature on the form after the business partner enters on the form the fee amount that the business partner is charging to process the transaction.
(2) The business partner shall provide the completed original of the Business Partner Automation Disclaimer form to the customer, shall keep a completed copy, and shall send a copy to the department with the transaction documents. Voided copies of the form shall be retained with the completed copies kept by the business partner pursuant to Section 225.60 of these regulations.
(b) A customer may be charged the following maximum amounts for each type of transaction processed through to completion by a business partner:
(1) A business partner, that is a licensed vehicle dealer and/or a licensed dismantler and meets the definition of a vehicle dealer as defined in Vehicle Code section 285 or a vehicle dismantler as defined in Vehicle Code section 220, may charge the following fee for any transaction authorized under the Business Partnership Automation Program, in addition to any other fees authorized by statute:
(A) Effective January 1, 2023, a fee of up to $27.
(B) Effective January 1, 2024, a fee of up to $28.
(c) A business partner, that is a licensed salvage pool and meets the definition of a salvage pool as defined in Vehicle Code section 543, is not authorized to charge a fee for vehicle license fee refund transactions.

Cal. Code Regs. Tit. 13, § 225.45

Note: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Section 1685, Vehicle Code.

1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section with amendments refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency, including amendment of subsection (a); operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order, including further amendment of section, transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment of subsection (a) filed 7-15-2004; operative 8-14-2004 (Register 2004, No. 29).
6. Amendment of subsections (a) and (b), new subsections (b)(1)-(3) and repealer and new subsection (c) filed 2-22-2006; operative 3-24-2006 (Register 2006, No. 8).
7. Amendment of subsection (b)(2) filed 7-9-2007; operative 8-8-2007 (Register 2007, No. 28).
8. Amendment of subsections (a) and (b)-(b)(2), new subsection (b)(3), subsection renumbering and amendment of newly designated subsection (b)(4) and subsection (c) filed 5-22-2009; operative 6-21-2009 (Register 2009, No. 21).
9. Amendment filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4(Register 2012, No. 26).
10. Change without regulatory effect amending subsection (b)(1) (amount of fee) filed 1-23-2023 pursuant to section 100, title 1, California Code of Regulations; operative 1-1-2023 pursuant to Vehicle Code section 1685(c)(2) (Register 2023, No. 4).
11. Change without regulatory effect amending subsection (b)(1) and adding subsections (b)(1)(A)-(B) filed 10-13-2023 pursuant to section 100, title 1, California Code of Regulations; operative 1/1/2024 pursuant to Vehicle Code section 1685(c)(2) (Register 2023, No. 41).