Section 2430.5 Of Article 3.3. Tow Truck Drivers From California Vehicle Code >> Division 2. >> Chapter 2. >> Article 3.3.
2430.5
. (a) Every employer intending to hire a tow truck driver on
or after July 1, 1992, shall require the applicant for employment to
submit a temporary tow truck driver certificate issued by the
department or a permanent tow truck driver certificate issued by the
Department of Motor Vehicles. The employer shall review the
certificate and obtain a copy to be maintained as required by
subdivision (c). The employer shall not hire any tow truck driver in
any freeway service patrol operations who does not provide a
temporary tow truck driver certificate issued by the department or a
permanent tow truck driver certificate issued by the Department of
Motor Vehicles. The employer shall not allow a tow truck driver who
is not certified to participate in any freeway service patrol
operations. If the issuance date on the certificate is more than 90
days from the proposed date of hire, the employer shall contact the
department to reverify eligibility.
(b) On or after July 1, 1992, every employer, whose currently
employed tow truck drivers are required to obtain a tow truck driver
certificate pursuant to Section 12520, shall require the employees to
submit to the employer a temporary tow truck driver certificate
issued by the department or a permanent tow truck driver certificate
issued by the Department of Motor Vehicles. The employer shall review
the certificate and obtain a copy to be maintained as required by
subdivision (c).
(c) Every employer shall maintain a tow truck driver certificate
file for all tow truck drivers hired on or after July 1, 1992, or all
currently employed tow truck drivers who are required to obtain a
tow truck driver certificate pursuant to Section 12520. The employer
shall retain employee rosters and copies of tow truck driver
certificates for all tow truck drivers. The roster shall be comprised
of the following two lists:
(1) Drivers who have valid tow truck driver certificates.
(2) Drivers who would be prohibited, pursuant to subdivision (a)
of Section 13377, from involvement in any freeway service patrol
operation.
Every employer shall make available for inspection by the
department at the employer's primary place of business in this state.
In addition, the employer shall maintain a personnel roster, also
available for inspection, of all current tow truck drivers and their
date of hire by the employer.
(d) Upon notification that a tow truck driver has been arrested
for, or convicted of, any crime specified in paragraph (1), (2), (3),
or (4) of subdivision (a) of Section 13377, the employer shall
remove that tow truck driver from any position involving freeway
service patrol operations.
(e) A violation of this section by an employer is a misdemeanor.