Section 2431 Of Article 3.3. Tow Truck Drivers From California Vehicle Code >> Division 2. >> Chapter 2. >> Article 3.3.
2431
. (a) For the purposes of conducting criminal history and
driver history screening of tow truck drivers and employers, the
commissioner shall do all of the following:
(1) Obtain fingerprints from tow truck drivers and employers. The
fingerprint cards will be submitted to the Department of Justice for
criminal history checks.
(2) Obtain a second set of fingerprints from applicants who have
not continuously resided in the state for the previous seven years,
and submit that card to the Federal Bureau of Investigation for
out-of-state criminal history checks. The department may charge a fee
sufficient to cover the additional expense of processing the
fingerprint cards through the Federal Bureau of Investigation.
(3) Verify that the tow truck driver or employer, or both, have a
valid California driver's license, through the use of the automated
records system.
(b) On and after July 1, 1992, all tow truck drivers shall submit
an application for the issuance of a tow truck driver certificate
with the department and pay an application fee equal to the actual
costs of a criminal history check and issuance of the tow truck
driver's certificate, but not more than fifty dollars ($50).
Applicants for the renewal of an expired tow truck driver certificate
or applicants for a duplicate tow truck driver certificate shall
submit an application for issuance of a new tow truck driver
certificate to the Department of Motor Vehicles and pay an
application fee of twelve dollars ($12).
All fees collected pursuant to this section shall be deposited in
the Motor Vehicle Account in the State Transportation Fund. An amount
equal to the fees paid shall be made available, upon appropriation,
to the Department of Motor Vehicles for its administrative costs, for
the cost of criminal history checks to be conducted by the
Department of Justice, and to the department for its administrative
costs. In no case shall the fees collected exceed the costs of
administering this section.
(c) Applicants for an original tow truck driver certificate shall
be fingerprinted by the department, on a form issued by the
department, for submission to the Department of Justice for the
purpose of determining whether the applicant has been convicted for a
violation of a crime specified in paragraph (1), (2), (3), or (4) of
subdivision (a) of Section 13377.
(d) Information released to the department or the Department of
Motor Vehicles shall be related to their inquiry and shall remain
confidential.
(e) The department shall issue a temporary tow truck driver
certificate, provided by the Department of Motor Vehicles, to
applicants who have cleared the specified criminal history check
pursuant to paragraph (1) of subdivision (a) and the driver history
check through the automated records system, and who meet all other
applicable provisions of this code. The term of the temporary tow
truck driver's certificate shall be for a period of 90 days from the
date of issuance.