Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) One CA Number Per Person. An individual
shall be assigned one CA number regardless of how many business enterprises the
individual may operate as a sole proprietor or DBA names he or she may use. A
partnership, corporation, or limited liability company shall be assigned one CA
number, regardless of how many internal divisions it may have or DBA names it
may use in representing its business enterprises to the public. The CA number
shall represent the legal name of that person, not a DBA name the person may
use.
(b) Nontransferable. A CA
number is not transferable from one person to another, except to correct any
errors on the part of the department in the assignment of a number. The
department will deny issuance of a CA number to any person the department
determines to have been assigned a CA number previously, unless the
previously-assigned CA number no longer exists in the department's files due to
processes described in Section
1235.5. Once a CA number ceases to
exist in the records of the department due to processes described in Section
1235.5, that number shall not be
reassigned to any person, except when it was deleted by the department's error.
(1) Pending a hearing pursuant to the
Administrative Procedure Act of the Government Code commencing with Section
11500, the department may refuse to issue a new CA number or delete a CA number
which has been already been issued to a legal entity that is owned or managed,
in whole or in part, by an individual against whom the department, the
Department of Motor Vehicles, or the Public Utilities Commission has an
unresolved action, and, in the department's opinion, the individual's purpose
in applying for the new CA number is to circumvent or thwart the
action.
(c) Name Changes.
The department will update its records to reflect a change in the legal name of
any person who has been assigned a CA number upon submission of satisfactory
evidence that the new name represents the same legal entity currently
associated with that CA number, and the change is not the result of the
formation of a new legal entity.
(d) Inactive Entities. A person who ceases to
be subject to Section
34507.5 of
the Vehicle Code shall retain or forfeit an existing CA number according to the
following:
(1) If a person ceases operations
in California or fails to notify the department of a change of address pursuant
to Section
1233.5 of this title for three or
more years, the department may consider the person inactive and may place the
person's CA number in inactive status. If the person subsequently resumes
operations in California. the person's inactive CA number and its associated
carrier record shall be restored to active status. The person shall not be
assigned a new CA number.
(2) If a
person ceases operations in California, or fails to notify the department of a
change of address pursuant to Section
1233.5 of this title for six or
more years, the department may consider the person no longer to exist, or no
longer subject to Section
34507.5 of
the Vehicle Code, and may purge the CA number and its associated records from
the department's record system. If the person resumes operations in California
subsequent to the purge of the records, the person's original CA number shall
not be restored, and the person shall be treated as a new applicant pursuant to
section 1235.1.
(3) The department may delay purging an
inactive CA number and its associated record from its automated system beyond
the time frames in subsections (1) or (2) for any reason, and is not obligated
to place a record in inactive status at any particular
time.
(e) Mergers and
Acquisitions. When two or more persons combine into one organization through a
merger, acquisition or other legal transaction, retention of existing CA
numbers and issuance of new numbers shall be governed as follows:
(1) When a new partnership, corporation, or
limited liability company is formed from former entities, some or all of whom
held CA numbers, the resulting new organization is a new person and shall apply
for a new CA number pursuant to Section
1235.1. The CA number of any
former entity that no longer exists or no longer operates vehicles that would
make it subject to Section
34507.5 of
the Vehicle Code, may be placed in inactive status by the department.
(2) When a person acquires another person's
business assets and will continue to operate as the same person he or she was
prior to making the acquisition, as opposed to reorganizing as a new legal
entity, that person shall retain his or her existing CA number and shall advise
the department which terminals purchased from the former owner, if any, will be
operated by the new owner. If vehicles described in Vehicle Code Section
34500 are to
be operated from any of those terminals, the department will create new
terminal records under the new owner's existing CA number for those terminals,
and will place the terminals at those addresses that are under the former
owner's CA number in inactive status.
(3) All vehicles acquired in the transaction
that are the subject of Section
34507.5 of
the Vehicle Code shall be remarked with the name or DBA name and CA number of
that person pursuant to that section, Sections 27900 and 27901 of that code,
and Sections
1256 or
1256.5 of this title.
(4) When ownership of a business operated as
a sole proprietorship passes from one individual to another, including the
passage of ownership between individual members of a family, the new owner is a
different person and shall apply for a new CA number unless he or she already
has one, in which case the transaction shall be treated as indicated in
subsection (2).
(5) The new owner
shall identify to the department the former entities that were acquired and
that no longer exist as separate legal entities. In the case of acquisitions
from an individual who will cease operations that would cause him or her to be
subject to Section
34507.5 of
the Vehicle Code, the new owner shall identify the former owner of the business
or other organization to the department.
(6) If the new owner is a motor carrier as
defined in Section
408 of the
Vehicle Code, he or she shall identify which motor carrier terminals belonging
to the former owner will continue to be operated as terminals of the new owner.
If the new owner is subject to Section
34507.5 of
the Vehicle Code solely because it is a motor carrier of property as defined in
Section
34601 of the
Vehicle Code, but is not a motor carrier as defined in Section
408 of the
Vehicle Code, no business locations need be identified to the department except
the new owner's principal place of business.
(f) Divisions and Dissolutions. When a motor
carrier or motor carrier of property divides its operations into two or more
new legal entities, the retention of an existing CA number and issuance of a
new CA number shall be governed as follows:
(1) When the original motor carrier or motor
carrier of property continues to exist as the same legal entity, it shall
retain the CA number it had before the division, pursuant to subsection
(d)(2).
(2) When the original motor
carrier or motor carrier of property reorganizes as a different entity type, or
as the same type but a new legal entity, that entity shall apply for a new CA
number pursuant to Section
1235.1.
(3) The portion of the original legal entity
which has been separated and formed into a new legal entity shall apply for a
new CA number pursuant to Section
1235.1.
1. New
section filed 3-20-2002; operative 4-19-2002 (Register 2002, No.
12).
2. Amendment of subsections (b)(1) and (e)(2) and amendment of
NOTE filed 10-12-2010; operative 11-11-2010 (Register 2010, No.
42).
Note: Authority cited: Sections 34500 and 34501, Vehicle
Code. Reference: Sections 408, 34500, 34501, 34501.2, 34501.5, 34501.12,
34505.5, 34507, 34507.5, 34507.6, 34620(a) and 34621(b)(4),Vehicle
Code.
