Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
A dealer shall maintain all original paper business records at its principal
place of business or branch location for at least 90 days after the purchase,
sale, rental, or lease of a vehicle.
(1) After
the initial 90-day record retention period required pursuant to subdivision
(a), a dealer may maintain the original paper business records at an offsite
storage location within California, provided that the original paper business
records are retrievable and available for inspection by the department upon
three business days' notice and the original paper business records are stored
in a manner that meets any applicable safeguard requirements pursuant to
15 U.S.C. section
6801(b).
(2) A dealer may create an electronic copy of
an original paper business record at any time. After the initial 90-day record
retention period required pursuant to subdivision (a), an electronic copy of an
original paper business record shall satisfy the record retention requirements
of Section
272.00(b), Title
13, California Code of Regulations, for the remainder of the three-year record
retention period, provided the electronic record requirements in subdivision
(b)(1) through (b)(5) of this Section are satisfied.
(A) A dealer that makes an electronic copy of
an original paper business record that meets the requirements of subdivision
(b)(1) through (b)(5) of this Section may dispose of the original paper
business record, provided that the original paper business record is disposed
of in a manner that meets the requirements of Civil Code section
1798.81.
(b) A
dealer may create an original electronic business record provided all of the
following requirements are satisfied:
(1) The
electronic record is created in a non-alterable format;
(2) The electronic record is retained in a
format that permits the electronic record to be readily accessible and
retrievable;
(3) The electronic
record is legible, complete and accurate;
(4) The electronic record is retained in a
manner that permits the electronic record to be retrieved and made available to
the department for inspection upon three business days' notice;
(5) Any access device, server, network
device, or any internal or external storage medium used for storing the
electronic record has access controls and physical security measures to protect
the records from unauthorized access, viewing or alteration.
(c) Use of a third party to
physically or electronically store business records shall not reduce a dealer's
responsibility to produce a business record when required.
(d) If a dealer has a branch location,
original paper business records relating to transactions that take place at
that branch location may be maintained either at the branch location or at the
principal place of business.
Note: Authority cited: Section
1651, Vehicle
Code. Reference: Sections
320,
1801.1,
4456,
5753,
11709,
11712 and
11714,
Vehicle Code.
Note: Authority cited: Section
1651, Vehicle
Code. Reference: Sections
320,
1801.1,
4456,
5753,
11709,
11712 and
11714,
Vehicle Code.
