will rogue disruptive technology @beepi survive government scrutiny ??

beepi is a new used car dealer model

and using their wealthy uber backers combined with disruptive technology

they are attempting to change the current used car automotive sales industry

their rogue actions and blatant violation of the basic car dealer rules

have made dmv officials at the highest levels take notice

+++

the biggest problem with disruptive technology

and the used car automotive sales industry

is a nearly 100 year tradition of the government

building strong consumer protections into the law

which beepi and crew, with arrogance has chosen to bypass

+++

here are a few of the basic flaws with the beepi.com model

+++

their los altos location is unlicensed

their santa cruz location is virtually empty and not a working retail location as licensed by the dmv

their consignment agreement does not comply with current california dmv regulations

+++

the glaring omission of a federal buyers guide posted on each vehicle offered for sale

could merit a $16k fine per vehicle sold if so ordered by the DMV or the FTC

this violation alone could derail beepi.com and its disruptive technology model

+++

none of the vehicles advertised on the beepi.com website have buyers guides posted

a buyers guide must be posted on every vehicle offered for sale by licensed dealers

the offering of any used vehicle requires a current smog, safety check and vehicle history report

BEFORE the car is offered for sale

the division 12 safety check must be conducted at arms length from the dealership

by a licensed mechanic, and at last check beepi.com and carsavvy inc do not have a current BAR license

+++

current advertising rules require the posting of a license plate or the last 6 of the VIN on each ad

current advertising rules require the posting of each ad at the dealers licensed location

current advertising rules prohibit the black friday and cyber monday offers made by beepi.com

+++

current dmv rules only allow deliveries by licensed autobrokers of brokered vehicles

beepi.com is the apparent licensed dealer of record

and does not have a current autobroker endorsement on their license

the beepi.com disruptive technology model bypasses the licensed location entirely

and makes delivery to the customer bypassing significant notice postings required in each dealership

+++

beepi.com advertises certified used cars using an

improper certified vehicle designation

as per the car buyer bill of rights enacted in july 2006

+++

as the premier provider of car dealer education in california

we believe it is paramount for a $65M used car dealer startup

to adhere to the same rules and regulations imposed on every other car dealer

+++

giving allowances to the wealth or arrogance of beepi.com

and their disruptive technology model

is a slap in the face

to every law abiding car dealer we have ever taught

and really sets the stage for total chaos for the dmv licensing folks

+++

im sure there will be more to follow on the beepi.com story

+++

gotplates

+++

gotplates.com

dmv certified car dealer education

800-901-5950

 

beepi.com is a licensed used car dealer in santa cruz

BEEPI
1303 OCEAN ST STE B
SANTA CRUZ CA  95060
Tel: (866)623-3749
Location Opened : 12/12/2013
Location Closed:
Licensed to Provide,
Offer or Sell:
Used Auto/Commercial Vehicle Dealer.
License Information
License No.: 84834
License First Issued: 12/12/2013
Operator or Contact:
Owner of Business: CARSAVVY INC
Mailing Address:
Other Business Name:

 

what will dmv do if every licensed used car dealer goes lawless and rogue ??

2015 is the year of the outlaw used car sales model

based upon the uber disruptive technology pattern

@beepi

@trycarlypso

@shift_cars

@carkibo

@instamotors

are five models we have examined

+++

gotlicense1

+++

we are premier providers of car dealer education

since 1998

800-901-5950

#realcardealerschool

@gotplates

and we have a keen interest in

maintaining order and regulation

within the auto sales industry

its what we teach to every licensed car dealer

+++

redstar

+++

california law both at dmv and the state board of equalization requires a dealer license

if you wish to profit from the sale of a motor vehicle

whether acquired or on consignment

the law applies to each of your business models

+++

the pervasive attitude among disruptive technology is that

we would rather be punished

than ever ask for permission

this attitude is readily apparent in every approach to

dmv compliance we have examined

the sad truth

THERE DOES EXIST A LEGAL MODEL

WHICH ADDRESSES DMV COMPLIANCE IN FULL

+++

bondpotofgold

+++

some of these models hold dealer licenses in remote locations

some of these models hold dealer licenses but show no compliance

some of these models are conducting business with no license whatsoever

+++

here are the glaring compliance violations we see

that will eventually cost them time & money

and/ or limit their ability to conduct

lawful business in california

+++

the federal buyers guide

requires posting on each and every vehicle offered for sale

with a whopping $16k potential fine per vehicle

with @beepi posting 654 cars for sale with no federal buyers guide

the fine alone for this breach could exceed $ 10 million dollars

FTC Buyers Guide Rules

+++

the sales tax due to the state is required to be collected

by the selling dealer along with dmv registration fees

when sold as unlicensed or for the blatant licensed violator

the state can deem illegal activity as a taxable event

which means that sales tax is due from the seller

on each vehicle under their control

sold in an unlawful manner

this tax would be above and beyond any sales tax

paid by the buyer to register the vehicle

if fraud or misrepresentation is apparent

the selling dealer faces tremendous penalties

and possible criminal action

from the state board of equalization

+++

deliberate advertising claims

which violate the truth in advertising provisions

can trigger civil and criminal investigations

from the attorney generals office

as well as well represented dealer organizations

such as NADA, CNCDA and IADAC

civil claims of fraud and misrepresentation

based on unfair competitive advantage

are certainly a possibility

+++

if you wish to contact DMV Investigations

regarding these unlawful disruptive technology models

we suggest you complete a dmv complaint form

and contact your closest dmv licensing inspector

+++

if you need our assistance

feel free to call our 24/7 call center

800-901-5950

redstar

how long will NADA allow rogue lawless disruptive technology car dealers to operate ??

2015 is the year of the outlaw used car sales model

based upon the uber disruptive technology pattern

@beepi

@trycarlypso

@shift_cars

@carkibo

@instamotors

are five models we have examined

+++

gotlicense1

+++

we are premier providers of car dealer education

since 1998

800-901-5950

#realcardealerschool

@gotplates

and we have a keen interest in

maintaining order and regulation

within the auto sales industry

its what we teach to every licensed car dealer

+++

redstar

+++

california law both at dmv and the state board of equalization requires a dealer license

if you wish to profit from the sale of a motor vehicle

whether acquired or on consignment

the law applies to each of your business models

+++

the pervasive attitude among disruptive technology is that

we would rather be punished

than ever ask for permission

this attitude is readily apparent in every approach to

dmv compliance we have examined

the sad truth

THERE DOES EXIST A LEGAL MODEL

WHICH ADDRESSES DMV COMPLIANCE IN FULL

+++

bondpotofgold

+++

some of these models hold dealer licenses in remote locations

some of these models hold dealer licenses but show no compliance

some of these models are conducting business with no license whatsoever

+++

here are the glaring compliance violations we see

that will eventually cost them time & money

and/ or limit their ability to conduct

lawful business in california

+++

the federal buyers guide

requires posting on each and every vehicle offered for sale

with a whopping $16k potential fine per vehicle

with @beepi posting 654 cars for sale with no federal buyers guide

the fine alone for this breach could exceed $ 10 million dollars

FTC Buyers Guide Rules

+++

the sales tax due to the state is required to be collected

by the selling dealer along with dmv registration fees

when sold as unlicensed or for the blatant licensed violator

the state can deem illegal activity as a taxable event

which means that sales tax is due from the seller

on each vehicle under their control

sold in an unlawful manner

this tax would be above and beyond any sales tax

paid by the buyer to register the vehicle

if fraud or misrepresentation is apparent

the selling dealer faces tremendous penalties

and possible criminal action

from the state board of equalization

+++

deliberate advertising claims

which violate the truth in advertising provisions

can trigger civil and criminal investigations

from the attorney generals office

as well as well represented dealer organizations

such as NADA, CNCDA and IADAC

civil claims of fraud and misrepresentation

based on unfair competitive advantage

are certainly a possibility

+++

if you wish to contact DMV Investigations

regarding these unlawful disruptive technology models

we suggest you complete a dmv complaint form

and contact your closest dmv licensing inspector

+++

if you need our assistance

feel free to call our 24/7 call center

800-901-5950

redstar

2015 is the year of the rogue lawless unlicensed used car dealer

+++

http://mashable.com/2014/11/18/shift/

by Andy Fixmer

+++

Even in the Internet age, selling your car is a hassle. You have research what it’s possibly worth, post pictures and then schedule meetings with strangers for test drives and haggling.

Shift, a Silicon Valley startup that announced Tuesday it raised $23.8 million in funding, wants to change all that.

The company’s app lets users list their cars and sends a so-called “car enthusiast” to their homes to detail the vehicle, take professional photos and estimate its market value.

Once your vehicle is listed, the enthusiast schedules test drives and brings the car to prospective buyers for you. They can even help buyers arrange financing, if needed.

And after a buyer and seller agree to terms, Shift handles all of the transfer paperwork with the DMV.

Shift says its car enthusiasts are paid on customer service, not commission, to incentive them to find the right car at the best price

Shift says its car enthusiasts are paid on customer service, not commission, to incentive them to find the right car at the best price.

Shift’s founding team includes George Arison, who also founded Uber competitor Taxi Magic; Christian Ohler, an engineer who worked on Google Wave and Dropbox’s APIs; and Minnie Ingersoll who led the development of Google Fiber.

In the last year the company has been in an invite-only stage while building up its operations in Los Angeles and San Francisco, where it’s based.

However, the company’s model attracted early-stage funding from big venture firms DFJ and Highland Capital Partners as well as from Google Maps co-creator Lars Rasmussen, Square founder Jim McKelvey and Shazam founder Chris Barton, among others.

DFJ’s Emily Melton and Highland Capital’s Manish Patel are joining Shift’s board, according to the company.

“We believe Shift can reinvent the sector by delivering premium experiences,” Melton said in a statement. “Businesses predicated on transparency and trust between sellers and consumer buyers can create enormous opportunities and more efficient marketplaces.”

some car dealer classes cancel at the last minute…..be careful who you choose

the list of

dmv approved dealer schools

is long

very few are career educators

devoted to the best car dealer class possible

+++++

REMEMBER THIS

some return your phone calls

some only sell bonds

some only sell insurance

some sell car dealer forms

some do income tax preparation

some cancel classes at the last minute

+++++

gotplates.com

is the car dealer education leader

we always answer phone calls

800-901-5950

we DO NOT sell product

we TEACH

we NEVER cancel our classes once posted on our website

AND

we are the only teachers offering an online preparation tutorial for free

CLICK HERE FOR THE FREE CAR DEALER CLASS ONLINE

+++++

we look forward to talking to you

and meeting you at one of our 39 car dealer class locations

+++++

TriStar Motors

gotplates.com

800-901-5950

+++++

call today

 

insurance fraud can be big business

Insurance Detectives Bust 29 in Family Operated Staged Accident Ring

18 fraudulent auto insurance claims totaling more than half a million dollars

LOS ANGELES – On January 29, 2015, detectives from the Department of Insurance Fraud Enforcement Division arrested 15 Los Angeles area residents for allegedly staging auto collisions and filing more than half a million dollars in fraudulent claims.  In addition to the 15 arrested, 10 suspects have agreed to turn themselves in and four suspects are still being sought.

 

 

 

       

(Edwin Bautista)                                                 (Luis Bautista)

 

Edwin Bautista, 41, of Sylmar and Luis Bautista, 32, of Pacoima, are the suspected ring leaders of the  organized family insurance fraud crime ring.  The Bautista brothers, along with 27 accomplices, allegedly filed  18 fraudulent auto insurance claims over a two-year period totaling more than half a million dollars.

According to investigators, the suspects intentionally crashed cars and then coached accomplices on how to fake injuries and file fraudulent insurance claims to get cash payments from insurers for bodily injuries and property damage.

“Insurance fraud is a multi-billion dollar criminal enterprise in California and Los Angeles is ground zero in our battle to combat these crimes,” said Insurance Commissioner Dave Jones. “Every consumer pays for fraud through higher insurance premiums, as insurers pass along the cost of the losses to policyholders.”

Eleven insurance companies, including State Farm and Mercury, paid out more than $235,000 in claims before the fraud was uncovered. Once the scheme was discovered by department investigators, insurers avoided paying more than $250,000 in additional fraudulent claims submitted by the crime ring.

“This infuriates law abiding car owners who, in many cases, scrimp just to pay for auto insurance,” said Alan Barcelona, president of the California Statewide Law Enforcement Association.   “There are hardworking parents who insure several drivers in their family and rarely file a claim.    Then you have 29 individuals who steal from all of us by filing fraudulent claims.  Not to mention the possibility of hurting others in the staged collisions.  Fortunately, the Department of Insurance detectives are tops at their profession and are catching up with these lawbreakers who are costing all of us money in higher premiums.”

The Bautista ring allegedly filed the fraudulent claims between March of 2011 and August 2013.  CHP officers, the Los Angeles County and the Riverside County District Attorney’s offices assisted in the arrests.

Also arrested:

Maxinina Guzman, 40, Sylmar

Francisco Guzman, 49, Sylmar

 

Hilda Saucedo, 40, Sylmar

 

     

Ganely Bautista, 23,      Feliciano Pancho, 36,           Herberto Bautista, 33

Los Angeles                   Los Angeles                       San Fernando

 

     

Reyna Luviano, 28,          Briseyda Bermudez, 38                  Guadulupe Rodriguez, 80

San Fernando                  Altadena                                       Pacoima

 

     

Fredy Fuentes, 40, Los Angeles        Joseph Perez, 52        Roslinda Cardona, 38

Sylmar                       Pacoima

(photos courtesy of the California Department of Insurance)

dmv car dealer registration forms supply

Adobe Acrobat Reader is required to view, fill out and print forms. To incorporate the latest accessibility features download of the latest version of Acrobat Reader may be required. If you have problems with Acrobat Reader or our PDF form, select PDF Troubleshooting. To obtain a form by mail, call DMV’s automated phone service 24 hours a day, 7 days a week at 1-800-777-0133. To speak to an operator call between the hours of 8 a.m. and 5 p.m. Monday – Friday, Pacific Standard Time. For large quantities, read Ordering DMV Forms in Large quantities“.

central coast dmv certified car dealer license training

dmv requires a training class to take your car dealer license examination

dmv requires you pass a 40 question exam to submit your car dealer license application

we teach the required dmv license certification class in more places than anyone else

find out why our competition struggles to match our offer

could it be better value??

could it be better pricing??

could it be our dedication to customer service??

we like to think it is all three

visit our website to see our entire class schedule

http://gotplates.com/

joseph is our car dealer license instructor on the central coast

415-730-3131

we have a classes in aptos, salinas, san luis obisbo and santa barbara every month

http://gotplates.com/cities.php?city=Aptos

http://gotplates.com/cities.php?city=Salinas

http://gotplates.com/cities.php?city=San%20Luis%20Obisbo

http://gotplates.com/cities.php?city=Santa%20Barbara

good luck with getting your car dealer license

does @beepi understand the importance of insured dealer plates ???

we are students of the automotive sales industry

and retired law enforcement training officers

we run the largest dmv certified car dealer school in california

we have watched others pour millions

into failed disruptive technology attempts

look at carwoo

look at truecar

look at best offer

my 3 questions for the beepi.com disruptive technology model are these

where are the buyers guides??

where are the happy stickers??

where are the insured dealer plates??

+++

beepi.com is a licensed used car dealer in santa cruz california

this location, which they admitted to their landlord

is only for purposes of the dmv license

beepi.com seems to be running their operation out of los altos california

from an unlicensed location at 5050 el camino real suite 106

furthermore their disruptive technology model provides delivery to the customer

without a showroom visit to its licensed or its unlicensed location

the questions then arises, if you are transporting these vehicles under tax exempt status

a licensed salesperson or an owner must be present

and the dealer plate with insurance

as required by law

must be posted on the vehicle during transit

we suspect

NONE OF YOUR STAFF HOLDS A VALID SALESPERSON LICENSE

AND VEHICLES IN TRANSIT ARE NEVER DEALER PLATED

AND ONE MUST ASSUME NO VALID CAR DEALER INSURANCE COVERAGE

no salesperson licenses are posted at your santa cruz location

and

because not one photo of a beepi.com car in transit shows a car dealer license plate

AS REQUIRED BY LAW

this one flaw in your disruptive technology used car sales model

when noted by the state board of equalization and the dmv

could spell huge fines and penalties for your $ 65M startup

+++

if you have not addressed these three significant questions

your $ 65M startup is doomed for failure

perhaps a copy of my resume??

can i apply for your dmv liasion position??

+++

gotplates.com

our $ 500 startup

born with love in san francisco

800-901-5950

get your car dealer license plates from gotplates.com

DMV dealer plate use from the california code of regulations

BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
TITLE 13. MOTOR VEHICLES
DIVISION 1. DEPARTMENT OF MOTOR VEHICLES
CHAPTER 1. DEPARTMENT OF MOTOR VEHICLES
ARTICLE 3.3. SPECIAL PLATES

This database is current through 5/16/14

§ 201.00. Use of Special Plates Issued to a

Dealer, Manufacturer, Remanufacturer, or Distributor.

(a) Special plates referenced in this section may only be used on vehicles that a dealer, manufacturer, remanufacturer, or distributor owns or lawfully possesses.

(b) The following individuals may operate a vehicle with special plates for any purpose:

(1) An individual who is the sole owner, a general partner, a manager of a limited liability company, or a corporate officer or director of a dealer, manufacturer, remanufacturer, or distributor, provided that individual is actively engaged in the management and control of the business operations of the dealer, manufacturer, remanufacturer, or distributor;

(2) A general manager, or business manager, or sales manager who is actively engaged in the management and control of the business operations of the dealer, manufacturer, remanufacturer, or distributor when no other individual meets the criteria in (1) above;

(3) An individual employed by a manufacturer or distributor and licensed as a representative.

(c) Any licensed driver may operate a vehicle with special plates for any purpose if an individual identified in section (b) is also in the vehicle.

(1) An unaccompanied licensed driver, who regularly resides in the immediate household of an individual identified in section (b), may operate a vehicle with special plates solely to pick up or drop off that individual.

(d) A licensed driver who is an employee of a dealer, manufacturer, remanufacturer or distributor may drive a vehicle with special plates when that employee is acting within the course and scope of his or her employment.

(e) Any licensed driver may operate a vehicle with dealer, manufacturer, remanufacturer, or distributor special plates for special event purposes if the operator carries a letter of authorization from the licensee identifying the vehicle, duration, and location of operation, and person(s) authorized to operate the vehicle.

(f) Any licensed driver, who is a prospective buyer or lessee, may test drive a vehicle with special plates for up to seven days.

(1) A salesperson is not required to be present.

(2) If a salesperson is not present, the operator must carry a letter of authorization from the licensee identifying the vehicle, duration, and person(s) authorized to operate the vehicle.

(g) Employees of a commercial vehicle dealer, manufacturer, remanufacturer, or distributor who must operate a commercial vehicle in the course of their employment, may take a commercial drive test in a commercial vehicle displaying dealer, manufacturer, remanufacturer, or distributor special plates.

(h) A trailer, displaying special plates, may be towed by a vehicle with Vehicle Code authority to operate on the highways.

(i) Any use of special plates issued to a dealer, manufacturer, remanufacturer, or distributor except as specified is prohibited.

Note: Authority cited:

Section 1651, Vehicle Code.

Reference:

Sections 11714, 11715 and 11716, Vehicle Code.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

To subscribe to the e-mail alert service logon to www.emailalert.dmv.ca.gov/subscriptions.asp.

This page contains detailed instructions on how to subscribe.
The Industry Tools Home Page located at

http://www.dmv.ca.gov/vr/dealer_regservice.htm

provides convenient access to information and links that are pertinent to the vehicle registration industry.

++++++++++++++++++++++++++++++++

certified dmv dealer education

we make it simple for you

 

800-901-5950

gotplates.com
redflagclass.com
autogodfather.com
dmvinspector.com
dmvinvestigations.com

consider these advantages to having a car dealer license

 
  • Getting into dealer-only auctions
  • Buying vehicles at wholesale dealer prices
  • Buying vehicles with auction company financing
  • Paying no sales tax on your vehicle purchases
  • Paying no registration fees on your vehicle purchases
  • Using dealer plates to drive your vehicles without registering them
  • Making money doing what you enjoy
  • Writing off your expenses
  • Doing it part time or work it into full time
  • Saving significant money buying vehicles for yourself, friends and family
  • Selling locally, or exporting to other countries
  • Buying at the auctions and selling on Craigslist, E-Bay, or your own website
  • Brokering vehicles with none of your own money invested
  • Not getting caught selling without a license and being barred from getting a license in the future.
  • Driving around in great vehicles and then selling them at a profit.

 

visit us at gotplates.com

800-901-5950

we make it easy

are you concerned about government records and your privacy ???

Government Records and Your Privacy

1. Introduction

Government records are public in order to enable citizens to monitor their government and to ensure accountability in a democratic society. The challenge to policymakers is to balance the public’s right to information with the individual’s right to privacy.

Virtually every major change in life is recorded somewhere in a government document. Shortly after you are born, a birth certificate is issued.  If you obtain a driver’s license, get married, buy a house, file a lawsuit–all of these events are recorded in public documents easily available to you and to others.

2. Public Records

Note: Most of the information in this section is specific to California.  Other states may vary in how they regulate access to public records.

Public records are just that–public. There are few, if any, restrictions on the release of this information. For example, information from public records is frequently obtained by direct marketers. (See PRC Fact Sheet 4: Junk Mail: How Did They Get My Address?) Public records may also be used by private investigators, attorneys, law enforcement officials and other government agencies. In fact, as more public records are posted online, anyone with a computer and Internet access can easily compile detailed profiles on individuals.

The most common California government records containing personal information are listed below:

Your California Department of Motor Vehicles (DMV) driver’s license file contains:

  • Your name
  • Birth date
  • Home and mailing addresses
  • License number
  • Physical description
  • Social Security number
  • Failures to appear in court
  • Failures to pay traffic fines
  • License status (valid, revoked, suspended, expired)
  • Major traffic convictions for the past seven years
  • Minor traffic convictions for the past three years

The DMV also keeps files of vehicle registrations which include:

  • Name of the person who owns the vehicle
  • Residential and mailing addresses of the registered owner
  • Vehicle year, make and body style
  • Year the vehicle was bought by the current owner and previous owners’ names and addresses going back three years
  • License plate number; vehicle identification number
  • Name of the lien-holder if the loan for the vehicle has not yet been paid in full

DMV files are routinely consulted by employers, insurance companies, attorneys and private investigators. They used to be sold to marketers, but access has been restricted since 1990.

Confidential portions of your file include medical information, home address and Social Security number. Even though it is considered confidential, in some specific instances your home address can be released to insurance companies, banks, attorneys and process servers.

The DMV also releases information to “casual requesters.” However, the requester must apply to the main DMV office in Sacramento and explain the purpose of the request and potential uses of the information. Each request is reviewed by DMV to determine that the purpose of requesting the information is for a legitimate us. http://www.dmv.ca.gov/forms/inf/inf70.htm.

Your Social Security number is required to receive or renew your driver’s license.  This information is considered confidential. The law allows SSNs to be used for tax administration purposes, collecting government fines, and helping track down parents who have not made court-ordered child support payments.

The California driver’s license looks very similar to a plastic credit card with a magnetic “stripe” on the back. The “stripe” holds information which can be read by special scanners. Currently the information on the stripe is the same as the front of the license. It can be used by law enforcement officers to print traffic tickets and by retailers to record information when a customer pays by check. Some privacy advocates are concerned that the magnetic stripe makes it easier for merchants to establish computerized data banks about their customers, and thereby poses a threat to personal privacy.

In California, Civil Code 1798.90.1 prohibits bars, car dealers and others from collecting personal information by swiping the magnetic stripe for purposes other than verifying age or the authenticity of the driver’s license, or preventing fraud.

One court has ruled that the federal Driver’s Privacy Protection Act (18 U.S.C. 2721-2725) allows states to turn over their entire DMV database to certain private entities, including research companies, online database operators, grocery chains, insurance companies, employee screening services, technology businesses and consulting companies. The court held that these entities, which buy DMV records in bulk, are making a permissible use of the information.  Taylor v. Acxiom Corp.(5th Circ., July 14, 2010).

Voting records are kept at the County Clerk’s or Registrar of Voters office and at the California Secretary of State office. California voter records are available to four categories of users: election/political, scholarly, journalistic, or governmental purpose. Requesters must apply to the California Secretary of State or the county elections office for the records and must certify the purpose for their request.

The state offers the Safe at Home program to provide confidential address protection for individuals who must keep their home address private because of personal safety issues. Victims of domestic violence and stalking, employees and volunteers of reproductive health care clinics, and others whose safety is at risk can apply for the California Safe at Home program. For more information, call the California Secretary of State at (877) 322-5227, www.casafeathome.org . At least 28 states offer similar confidentiality programs (See National Network to End Domestic Violence’s list of state confidentiality programs).

Birth certificates are on file in the county in which the birth occurred and at theOffice of Vital Records in Sacramento. Birth records usually contain the name of the child, date and time of birth, the city and the hospital in which the child was born, the parents’ names, the attending physician’s name and various signatures. Birth records housed in the State Vital Records Office are public and can be ordered by anyone with sufficient identifying information (See CA State Vital Record’s explanation of Authorized Copy vs. Informational Copy). County records may be confidential and available only to the subject of the record or by court order. Confidentiality policies differ by county.

Marriage certificates are usually filed in the County Clerk’s office where the marriage application was filed and in the State Vital Records office in Sacramento. An index is available to the public. It contains the bride and groom’s names, the county where the application was filed and the date of the marriage.

In California a couple may file for a confidential marriage certificate which is not placed in the index and is not a public record. A confidential marriage license is open only to the bride and groom or by court order.

Death certificates are also public documents. They are usually kept on file in the county in which the death occurred at the County Clerk’s office. The State Registrar’s office in Sacramento also maintains these files. An index of death certificates is available to the public. It contains the name of the person who died, where the death occurred, the date and the person’s Social Security number.

Property records are open for public inspection. When you purchase a home or other real estate, a record of the transaction is made by the County Assessor’s office and the County Recorder’s office. The files maintained by the Assessor, Tax Collector and/or Recorder contain the location of the property, current owner’s name, address and previous owners’ names, dates of sale, description of the property and the approximate value of the real estate holding. These files are increasingly made available on the Internet by county government agencies and by information brokers.

Court records, unless they involve a juvenile, are usually public. Superior, municipal and small claims court records are kept in the court clerk’s office. The court clerk maintains an index of civil and criminal cases which is filed in alphabetical order by the names of the parties involved. Case files can be retrieved under the name of either the plaintiff or the defendant. They contain the initial complaint, the defendant’s answer and motions filed in the case. Case files may also contain evidence or exhibits that were used in court. Court records are increasingly available on the Internet.

A person involved in a lawsuit can ask the judge to have parts of a case file “sealed.” If the judge consents to seal parts of the record, that portion is no longer open to public viewing. In criminal cases, probation reports, medical information and psychiatric information are removed from the file before it is made available to the public.

The National Center for State Courts has information on state policies for public access to court records on its website at http://www.ncsc.org/topics/access-and-fairness/privacy-public-access-to-court-records/state-links.aspx?cat=Privacy%20Policies%20for%20Court%20Records.

Divorce records are public documents and are usually considered part of court files. They are filed at the Superior Court clerk’s office of the county in which the divorce was granted.

Arrest records are public records. They may include detailed information about the person arrested, the incident leading to the arrest and the victim. These records can be closed if their release would endanger an ongoing investigation or public safety. If the person arrested is found innocent of the charges, he or she may ask to have the record sealed and claim they have never been arrested.

Postal address information is not a matter of public record through the U.S. Postal Service (USPS). However, the information from postal Change of Address forms is available to many people. The Change of Address form carries a notice that the information you provide may be used by others. USPS assumes you have read this warning and consent to the release of your information.

If you move and fill out a Change of Address form (USPS Form 3575), the information is sold by USPS to mailing list, direct mail and credit bureau companies through its National Change of Address (NCOA) system to help mailers update their lists. However, temporary address changes are not included in the NCOA database.

If you file a Change of Address form, USPS will release your new address to those who send you first class mail at the old address for up to 12 months — shorter forwarding limits for magazines and other non-first class mail. Victims of a threatening situation can prevent the release of his or her new address by obtaining a temporary restraining order or court order and presenting it to the Postal Service.

USPS mails a confirmation of the new address to both your new and old addresses. This is a precaution in case an identity thief has fraudulently forwarded your mail to another address. See PRC’s Fact Sheets 17: Copying with Identity Theft: Reducing Your Risk of Fraud and 17a: Identity Theft: What to Do if it Happens to You.

Local post offices will release Change of Address forms to someone presenting a subpoena or court order, to a law enforcement or government official for authorized purposes, or to someone who is certified to serve legal documents.

3. Confidential Records

Some records kept by government agencies are considered confidential. For example, your tax records are private. You may have access to your Internal Revenue Service file but others do not. The following are some common government records which are confidential.

Social welfare information such as Medicare records and Social Securityinformation is generally confidential. However, social service agencies must supply a list of benefit recipients and their Social Security numbers to tax authorities.

In addition, the federal government has a computer matching program which allows agencies to compare computerized records to verify eligibility or compliance with benefit programs. This program is also used to collect debts owed to the government or unpaid child support. If you apply for benefits, you must be told that the matching program is being used. No one can be denied benefits based solely on the results of information obtained through matching.

Tax information, both federal and state, is not a public record. It is not disclosed unless:

  • The taxpayer is part of a court proceeding where tax issues are relevant
  • A government agency is trying to locate a parent who owes child support payments
  • State financial aid programs have been requested
  • It is for statistical use
  • Agencies request tax information for the purpose of tax administration

People who file joint returns have equal access to tax records. Federal law allows the Social Security Administration and the Department of Education access to tax records to withhold tax refunds if money is owed to the government.

School records are usually confidential. (See Fact Sheet 29: Privacy in Education: A Guide for Parents and Adult-Age Students.) Persons over age 18 must authorize the release of their school records before they can be viewed by others (including parents). The records of children under 18 years of age are under the control of their parents and/or guardians. The records can be releasedwithout consent only to:

  • The current school district
  • A school district to which the student is transferring
  • State or federal education authorities
  • State or federal financial aid programs
  • Law enforcement officials for “child welfare” protection
  • Or upon a judge’s order for release

Parents have the right to inspect all records a school has about their child if the child is under 18, and to request that any errors be corrected. In California, noncustodial parents and foster parents have the right to view a child’s records. However, only custodial parents may challenge its content or consent to its release. Adult students have the same rights as parents of minor students.

Schools must keep a log, open only to parents and school officials, which lists those who have received information from a student’s record and how the information was used.

The school may release directory information about students. But parents (or the student if over 18) must be notified as to the type of information to be released. Parents have the right to block the release of the information by notifying the school of their objection. Usually a notice dealing with this issue is sent home at the beginning of the school year. (See the legal citation for the federal Family Educational Rights and Privacy Act, or FERPA, at the end of this publication.)

Public library records are confidential under the California Public Records Act. All registration and circulation records of any library which receives public funds may only be disclosed for library employees to do their job, by order of a superior court, or if the person authorizes the release.

Confidential data includes information provided to receive a library card and a list of the materials that have been borrowed. Records of fines and statistical reports are not confidential. Privately-funded libraries may not have the same privacy protection as those which receive public funds. You may want to request a copy of the facility’s policies.

Criminal history information compiled by local and state criminal justice departments is not public in California. “Rap” sheets (records of arrests and prosecutions) can only be accessed by:

  • Law enforcement agencies
  • Attorneys working on a case involving the individual
  • The subject of the information
  • Probation or parole officers
  • A state agency which needs the information to license an individual
  • Employers, under limited circumstances authorized by law

With the increasing computerization of records, however, information brokers are able to compile what amounts to a “rap sheet” by searching arrest records and court files that are public records. This information is sometimes used by employers to run background checks on prospective employees. Such records can be obtained from Internet-based information broker services.

4. Federal Privacy Laws

The two main federal privacy laws are the Privacy Act of 1974 and the Freedom of Information Act. They apply only to federal government agencies. At first glance, the two laws seem diametrically opposed. The Privacy Act deals with keeping government records about individuals confidential, and the Freedom of Information Act is commonly used to pry open government files. However, these laws are attempts to balance the public’s right to know about the actions of government with the rights of an individual to retain his or her privacy. (Legal cites are located at the end of this guide.)

The Privacy Act gives an individual the right to:

  • See and copy files that the federal government maintains on him or her
  • Find out who else has had access to the information
  • And request a change in any information that is not accurate or relevant

A government agency is required to:

  • Respond to a request for information within 10 days; notify the public about the types of files they maintain via the Federal Register; inform the public how they use the information; make sure the information in files is relevant
  • Not use the information for any purpose other than the one for which it was initially collected

Government files on an individual may be opened to others in a few cases including:

  • A purpose similar to the original reason for collecting the information
  • For statistical research
  • For law enforcement purposes
  • When ordered by a court
  • If it is medically necessary for the requester to have access to the information

There is no central index of federal government records about individuals. If you want to look at your records, you must first identify which agency has them. Then use the Privacy Act to ask to see your files. The agency must respond to your request within 10 days. You may be charged a “reasonable” fee for copying the file.

You may be denied access to government records about you if they involve:

  • Law enforcement activities
  • The Central Intelligence Agency (CIA)
  • Litigation
  • Civil service exams (to the extent access would affect the fairness of the tests)
  • Confidential government sources

If you are denied access to your records, you can appeal in court. You may also take a government agency to court if you believe it has improperly disclosed information about you or if you want to block impending disclosures.

The Freedom of Information Act was designed to help individuals obtain information about the actions of government. It requires that citizens be given access to government records unless disclosure involves:

  • Litigation
  • The Central Intelligence Agency (CIA)
  • Internal agency memos
  • Personnel matters
  • Trade secrets
  • Classified documents
  • Law enforcement activities
  • Confidential government sources
  • Violating an individual’s privacy interests
  • Civil service exams (to the extent it would affect the fairness of the tests)

The agency has 20 days to make a determination on a request for access. If you are denied, you may appeal the denial either within the agency itself or in court.
5. California Privacy Laws

California has two state laws which are similar to federal privacy legislation: the Information Practices Act and the Public Records Act. (The legal citations are found at the end of this guide.)

The California Information Practices Act applies only to state agencies. It is similar to the federal Privacy Act and gives individuals access to information about them held by state agencies. However, the Information Practices Act does not require the state to publish a list of the type of records agencies create.

If you request information, the state agency must respond within 30 to 60 days. You can be denied access to your records for the same reasons as under the Privacy Act. If a request is denied, you must be told the reason for the denial. You can appeal the decision in court.

If you find incorrect information in a record the state keeps about you, you have the right to amend your file. The agency must note in the record that you dispute its accuracy.

The Information Practices Act does not cover city or county government records. Local governments are free to make their own laws in this area.

The California Public Records Act is similar to the federal Freedom of Information Act and covers state, city and county boards, special districts, commissions, agencies and school districts. With a few exceptions, all records from these bodies are considered public documents. The major exemptions from public disclosure include:

  • Personnel matter
  • Medical records
  • Tax records
  • Litigation
  • Public library records
  • Preliminary drafts, notes, or memos
  • Complaints or investigations by law enforcement authorities unless the person requesting the information is involved in the crime or suspected crime
  • Information which would compromise civil service exams

If you request information under the California Public Records Act, the agency must let you know within 10 days that it has received your request. If your request is denied, you must be notified within 10 days and given the reason the information is not being released. You have the right to appeal such decisions in court.

6. Policy Considerations

Traditionally, public records were obtained by visiting the appropriate government agency and inspecting or copying them there. But Internet access to government records is increasing. Consumers should be aware of the growing public policy debate over the availability of government records online. While such records have always been public, Internet access is making them easier to gather and compile, both by individual citizens and by a variety of institutional users. Information brokers, direct marketers, employers, private investigators, law enforcement officers and other government agencies are finding new ways to use this information.

Should public records, including sensitive court files like divorce records and insurance cases containing medical information, be freely available by anyone via the Internet? The issue of online access to public records will be an increasingly significant privacy concern in the coming years. For additional information on this matter, read the PRC’s Public Records on the Internet: the Privacy Dilemma andThe Privacy Advisor (May 1, 2012) Assessing Public Information in the Digital Age.

7. Resources

The information in this Fact Sheet covers only the most common government records. There are a number of other government agencies that may contain information about you. For example, various local, state and federal agencies license individuals for certain professions, and many of these records are open to the public.

A useful guide to federal government information is Your Right to Federal Records, GSA Federal Citizen Information Center (November 2009).www.pueblo.gsa.gov/cic_text/fed_prog/foia/foia.htm

The California Public Records Act is explained in Access to Public Records in California,” Citizen Media Law Project www.citmedialaw.org/legal-guide/california/access-public-records-california

Individuals may obtain a copy of their criminal record by writing to the Federal Bureau of Investigation. Include a letter stating why you are making the request, a set of fingerprints and a money order (no checks) for $18. Mail to: FBI, Criminal Justice Information Services Div., 1000 Custer Hollow Rd., Clarksburg, WV 26306. Telephone: (304) 625-3878. Web: www.fbi.gov/hq/cjisd/fprequest.htm

Individuals who do not have a criminal record can make a request under the Freedom of Information Act to determine if the FBI has compiled information about them. The request must be in writing and should include a complete name, address, date and place of birth and notarized signature. It should be sent to FBI, Freedom of Information Privacy Section, at the same address and telephone number as the previous paragraph.

On the state level, to receive a copy of your “rap” sheet (record of arrests and prosecutions), contact the California Attorney General. Write to: California Department of Justice, Record Review Unit, P.O. Box 903417, Sacramento, CA 94203-7410. Telephone: (916) 227-3832. Send a $25 for the processing fee, plus 10-print fingerpint card, name, date of birth, gender, address, and letter stating purpose of request. Web: http://ag.ca.gov/fingerprints/security.php.

For additional information on California birth, death and marriage certificates, contact: Center for Health Statistics, California Department of Public Health, Office of Vital Records, P.O. Box 997410, Sacramento, CA 95899-7410. Telephone: (916) 445-2684 (recorded message). Web:http://www.cdph.ca.gov/certlic/birthdeathmar/Pages/ContactUs.aspx

Legal citations for federal and state laws on government records are as follows:

Federal laws: (www.law.cornell.edu/uscode)

Privacy Act of 1974, 5 USC, § 552a.
Freedom of Information Act, 5 USC, § 552.
Family Educational Rights & Privacy Act (FERPA), 20 USC § 1232

California state laws: (www.leginfo.ca.gov/calaw.html)

Information Practices Act, Calif. Civil Code, § 1798.
Public Records Act, Calif. Government Code, § 6250.

has the @beepi squad solved the presale inspection requirement ???

we are leading experts in dmv certified car dealer education

beepi.com has made significant waves with its launch of a $ 65M used car dealership startup

beepi.com terms its model disruptive technology

and is funded by the same folks who funded disruptive technology company uber

here is a look at their model from a compliance point of view

+++

one glaring issue for beepi.com is compliance with the inspection of vehicle notice

the beepi.com model provides for an unlicensed employee inspector

not a BAR certified mechanic

to perform an inspection prior to offering the vehicle for sale

the @beepi model does not allow test drives or independant third party inspections

here is the notice required by the california dmv to be posted at every used car dealer sales location

Notice to Public: Inspection of Vehicle
Every dealer who displays or offers one or more used vehicles for sale at retail shall post a notice not less than 8 inches high and 10 inches wide, in a place conspicuous to the public, which states the following:
“The prospective purchaser of a vehicle may, at his or her own expense and with the approval of the dealer, have the vehicle inspected by an independent third party either on or off these premises.”

the @beepi model never allows a showroom visit, vehicles are delivered to the customer and documents are done at delivery

so it begs the question how is this notice delivered to every retail customer of beepi.com ???

their santa cruz licensed location is virtually abandoned and is unstaffed

with no business hours posted

their los altos unlicensed location may be staffed

and may post business hours

but their @beepi model does not allow independant third party inspections prior to the sale

the @beepi model offers a limited return policy after the sale

which does not comply with this portion of the california used car dealer law

renegade used car dealer startup

or

lawless rogue used car dealer ???

only dmv investigations can decide for sure

here is the dmv inspection report which each dmv inspector completes

when visiting a used car dealers licensed location

has beepi.com passed its latest dmv inspection ???

we would be curious to know

the more we look the more we see how the @beepi model is doomed to fail

if they continue on the path of complete disregard for dmv licensing established rules and procedures

+++

+++

our cursory review of the beepi.com used car dealer notice  compliance

is part of our committment to quality dmv certified education

if you are unhappy with a vehicle sold to you by beepi.com

contact Commander Tom Wilson of the California DMV

559-444-2529

a completed DMV complaint form INV-172 will be required

+++

if you are interested in becoming a licensed car dealer

we offer our classes in 39 california cities

visit gotplates.com for dates, times and class locations

800-901-5950

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does @instamotor have a chance in a very crowded field of outlaw renegade used car dealers ??

The Used-Car Industry

According to a research study done by Manheim Consulting, around 11 million people sell their cars privately, and 40 million used cars are sold each year – three times that of new vehicles. The used-car market is quite huge, and it is not showing any signs of slowing down.

Despite all of the recent advancements in technology, including websites such as Autotrader and Kelley Blue Book, which helps sellers find out how much their car is worth, getting rid of an old vehicle still remains a frustrating and time-consuming experience for most. It usually involves a lengthy process of prepping your car, researching the right market price, taking photos, making videos, putting up ads, conducting test drives, and going through uncomfortable negotiations with complete strangers. And don’t forget some of the security risks you face when dealing with buyers from places like Craigslist.

The process can be quite daunting and discouraging for some, which is why a lot of sellers just go directly to their dealers. A dealer will just take one look at your car, give you a price, and then write you a check. A fast and easy process that comes with a huge disadvantage – you get a lot less money for your vehicle, sometimes thousands of dollars less. But it seems like a big percentage of sellers opt out for the easier option. If 40 million used cars are sold a year, and only 11 million are private sales, then that means 29 million people choose the simpler and less rewarding path.

InstaMotor – A New Way to Sell Used Cars

Instamotor, a San Francisco startup, has come up with a whole new way to sell your vehicle. They call themselves, “the car realtors.” For a small fee, Instamotor removes all of the hassle and complications that go along with privately selling a used-car.

When you sign up for the service an agent comes to your driveway to photograph, inspect, and list your car in the most common channels such as Craigslist, Autotrader, Cars.com, etc. Once a buyer shows interest, the Instamotor agent handles and arranges all test drives and inspections. They verify schedules based on when your vehicle is available. If a buyer agrees to purchase the vehicle, then the agent takes care of all of the paperwork associated with the transfer of vehicle ownership. Once the buyer provides funds, Instamotor takes a 5% commission, or a $500 flat fee if the value of the vehicle is below $10,000.

This process allows those 29 million people that sell their cars directly to dealers every year to opt in for a more convenient option. They don’t have to go through the complicated and time-consuming process of selling their car alone, and they don’t have to limit the value of their vehicles to what dealers offer. Instead, Instamotor users can enjoy the higher value they get from a private sale without actually doing all the complex work behind it.

A Deeper Look

Instamotor also helps sellers determine the best list price for their vehicles. They use an internal analytics system, which gives users an analysis of how their car is priced around the county. The agent and the seller then both agree on the best price.

Buyers are automatically provided with the vehicle’s Carfax or mechanic inspection. While the sales process is going on, Instamotor doesn’t take possession of the seller’s vehicle. Instead, it can remain parked in their driveway, or they can use it as they please until it is sold. When potential buyers conduct test-drives they must provide proof of insurance to agents in case of accidents. It’s all pretty secure, which makes it possible for sellers to be absent during test-drives and inspections. In short, the seller can just sit back and relax while the realtor is selling their car.

Instamotor has claimed that their sellers usually stack up between $2000 and $3000 by using their service versus going directly to a dealership for trade-in.

does @shift_cars realize that each of their salespeople need a dmv salesperson license ??

What is a Car Enthusiast?

HONESTY AND HARD WORK

Think of our Car Enthusiasts as your walking encyclopedia through the car buying or selling process. They are highly knowledgeable about the cars and are here to provide complete transparency about the cars, pricing, process, and anything else. They take care of all the legwork and paper filing usually associated with closing a great deal on a car. Our Car Enthusiasts are not sales people, they are your guide through the Shift process.

Oh, and they all love cars. A lot.

Our Car Enthusiasts

CLICK ON AN ENTHUSIAST TO LEARN MORE ABOUT THEM

Watson Lu
Aaron Epperson
Evan Nelson
James Winston
Eric Wertenberger
Nick Fong
Laurens Delpech
Thomas Lord
Kevin Everard
Greg Gosnell
Stewart Ford
Art Khani
Ed Yuen
Zack Williams
Kevin Chen
Zachary Paris
Will Ulitsky
Brian Joyce
Kerim Bajraktarevic
Loretta Greene
Eric Holt

Sound like a good fit?Apply now

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LET US KNOW HOW WE’RE DOING

Send feedback

 

how is the @beepi crew and dealer license #84834 still legally allowed to operate ???

we are leading experts in dmv certified car dealer education

beepi.com has made significant waves with its launch of a $ 65M used car dealership startup

beepi.com terms its model disruptive technology

and is funded by the same folks who funded disruptive technology company uber

here is a look at their model from a compliance point of view

+++

one glaring issue for beepi.com is compliance with basic business licenses

the law requires every used car dealership to be licensed and have certain documentation

their santa cruz licensed location is virtually abandoned and is unstaffed

with no business hours posted

and no current business license

their los altos location has no license from the DMV

and has been turned down for a business license by the city of los altos

renegade used car dealer startup

or

criminal lawless rogue used car dealer ???

only dmv investigations can decide for sure

here is the dmv inspection report which each dmv inspector completes

when visiting a used car dealers licensed location

has beepi.com passed its latest dmv inspection ???

we would be curious to know

beepi.com status as a licensed dealer also requires a reseller permit

from the board of equalization

we have been unable to confirm their status with the state board of equalization

here is their current car dealer license status:

BEEPI
1303 OCEAN ST STE B
SANTA CRUZ CA  95060
Tel: (866)623-3749
Location Opened : 12/12/2013
Location Closed:
Licensed to Provide,
Offer or Sell:
Used Auto/Commercial Vehicle Dealer.
License Information
License No.: 84834
License First Issued: 12/12/2013
Operator or Contact:
Owner of Business: CARSAVVY INC

+++

+++

our cursory review of the beepi.com basic license compliance

is part of our committment to quality dmv certified education

if you are unhappy with a vehicle sold to you by beepi.com

contact Commander Tom Wilson of the California DMV

559-444-2529

a completed DMV complaint form INV-172 will be required

+++

if you are interested in becoming a licensed car dealer

we offer our classes in 39 california cities

visit gotplates.com for dates, times and class locations

800-901-5950

got1

redstar

bondpotofgold

 

 

 

 

car dealers…..are you paying overtime to your salespersons ???

 BY LAWRENCE MILES

 

The California Court of Appeal has sided with CarMax in a key decision involving the “sales commission” exemption to California’s overtime law.   In Areso v. Carmax, Inc., the Court held that a pay plan that had a base payment plus “commissions” of about $150 per vehicle sold satisfied the exemption requirements.

California law has a “commissioned sales” exemption to the general overtime statute.  The commissioned sales exemption exempts from the overtime compensation requirement “any employee whose earnings exceed one and one-half (1 1/2) times the minimum wage if more than half of that employee’s compensation represents commissions.”    The case revolved around Labor Code 204.1 which permits California car dealers to pay commission wages once a month, an exception to the general requirement that wages be paid not less than twice a month in California.  Section 204.1 defines “Commission wages” as “compensation paid to any person for services rendered in the sale of such employer’s property or services and based proportionately upon the amount or value thereof.”    The Court wrestled with the question of whether CarMax’s payments to the salesman of about $150 constituted commission wages “based proportionately on the amount or value” of CarMax’s property or services sold.

The employee argued that CarMax’s flat payment made without regard to the price of the vehicle sold did not meet the statutory definition of “commissioned wages,” relying on several cases includingKeyes Motors, Inc. v. Division of Labor Standards Enforcement, 197 Cal. App. 3d 557 (1987) (held: service mechanics not exempt from overtime law).   The employee argued that since the flat payment was made without regard to the value of the vehicle sold, it was not a commission.  The CarMax Court rejected this contention, finding that there was an alternative prong to the test – the amount (number) of the property or services sold by the employee.  The Court further rejected the claim that the flat payment constituted payments for  ”piece work,” observing that the employee was engaged in the “sale of property,” consistent with the statutory requirement.

The Court concluded by noting that the employee’s compensation would rise and fall in direct proportion to the number of vehicles sold, and thus satisfying the commissioned sales exemption to the state’s overtime law.

About Lawrence Miles
Mr. Miles is founding attorney with The Miles Law Firm, A Professional Corporation. The firm practices civil and business law, including extensive work in the auto and aviation industries. For more information, please email Mr. Miles at larry@milesfirm.com or review the Firm’s website.

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most car dealers offer test drives to potential customers

if the car dealer secures a copy of the prospective buyers

drivers license and insurance card

for an existing vehicle

and

issues a letter of permission

to the prospective buyer

( such test drive is legal for up to 7 days )

11580 of the insurance code goes into effect

( the buyers insurance is now covering the dealers vehicle )

+++++

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