11515.2
. (a) (1) If an insurance company makes a total loss
settlement on a nonrepairable vehicle and takes possession of that
vehicle, either itself or through an agent, the insurance company, an
occupational licensee of the department authorized by the insurance
company, or a salvage pool authorized by the insurance company,
shall, within 10 days after receipt of title by the insurer, free and
clear of all liens, forward the properly endorsed certificate of
ownership or other evidence of ownership acceptable to the
department, the license plates, and a fee in the amount of fifteen
dollars ($15) to the department. An occupational licensee of the
department may submit a certificate of license plate destruction in
lieu of the actual license plate. The department, upon receipt of the
certificate of ownership or other evidence of title, the license
plates, and the fee, shall issue a nonrepairable vehicle certificate
for the vehicle.
(2) If an insurance company, an occupational licensee of the
department authorized by the insurance company, or a salvage pool
authorized by the insurance company is unable to obtain the properly
endorsed certificate of ownership or other evidence of ownership
acceptable to the department within 30 days following oral or written
acceptance by the owner of an offer of an amount in settlement of a
total loss, that insurance company, licensee, or salvage pool, on a
form provided by the department and signed under penalty of perjury,
may request the department to issue a nonrepairable vehicle
certificate for the vehicle. The request shall include and document
that the requester has made at least two written attempts to obtain
the certificate of ownership or other acceptable evidence of title,
and shall include the license plates and fee described in paragraph
(1).
(3) The department, upon receipt of the certificate of ownership,
other evidence of title, or properly executed request described in
paragraph (2), the license plates, and the fee, shall issue a
nonrepairable vehicle certificate for the vehicle.
(b) If the owner of a nonrepairable vehicle retains possession of
the vehicle, the insurance company shall notify the department of the
retention on a form prescribed by the department. The insurance
company shall also notify the insured or owner of the insured's or
owner's responsibility to comply with this subdivision. The owner
shall, within 10 days from the settlement of the loss, forward the
properly endorsed certificate of ownership or other evidence of
ownership acceptable to the department, the license plates, and a fee
in the amount of fifteen dollars ($15) to the department. The
department, upon receipt of the certificate of ownership or other
evidence of title, the license plates, and the fee, shall issue a
nonrepairable vehicle certificate for the vehicle.
(c) If a nonrepairable vehicle is not the subject of an insurance
settlement, the owner shall, within 10 days from the loss, forward
the properly endorsed certificate of ownership or other evidence of
ownership acceptable to the department, the license plates, and a fee
in the amount of fifteen dollars ($15) to the department.
(d) If a nonrepairable vehicle is not the subject of an insurance
settlement, a self-insurer, as defined in Section 16052, shall,
within 10 days of the loss, forward the properly endorsed certificate
of ownership or other evidence of ownership acceptable to the
department, the license plates, and a fee in the amount of fifteen
dollars ($15) to the department.
(e) Prior to sale or disposal of a nonrepairable vehicle, the
owner, owner's agent, or salvage pool shall obtain a properly
endorsed nonrepairable vehicle certificate and deliver it to the
purchaser within 10 days after payment in full for the nonrepairable
vehicle and shall also comply with Section 5900. The department shall
accept the endorsed nonrepairable vehicle certificate in lieu of the
certificate of ownership or other evidence of ownership when
accompanied by an application and other documents and fees,
including, but not limited to, the fees required by Section 9265, as
may be required by the department.
(f) This section does not apply to a vehicle that has been driven
or taken without the consent of the owner thereof, until the vehicle
has been recovered by the owner and only if the vehicle is a
nonrepairable vehicle.
(g) A nonrepairable vehicle certificate shall be conspicuously
labeled with the words "NONREPAIRABLE VEHICLE" across the front of
the certificate.
(h) A violation of subdivision (a), (b), (d), or (e) is a
misdemeanor, pursuant to Section 40000.11. Notwithstanding Section
40000.11, a violation of subdivision (c) is an infraction, except
that, if committed with intent to defraud, a violation of subdivision
(c) is a misdemeanor.