California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 33 - Bureau of Automotive Repair
Chapter 1 - Automotive Repair Dealers and Official Stations and Adjusters
Article 2.5 - Vehicle Safety Systems Inspection Program
Section 3314.2 - Vehicle Safety Systems Inspection Technician Biometric Enrollment and Identity Verification Requirement; Process

Universal Citation: 16 CA Code of Regs 3314.2

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Vehicle safety systems technicians shall have their biometric data collected and identity verified as specified in (b)(2) of this section at a Bureau field office or other Bureau-designated facility prior to biometric use during inspections, in accordance with this section. For purposes of this section, "biometric data" means data collected from a scan of the technician's hand(s). During initial biometric data collection and annually, vehicle safety systems technicians shall review the Notice on Collection of Personal Biometric Information and Its Use (for Vehicle Safety Systems Technician Licenses) (New 1/2023) and the Biometric Data Collection Consent Statement (for Vehicle Safety Systems Technician Licenses) (New 1/2023), which are hereby incorporated by reference, and agree to their terms as described in the form. When prompted by the BAR-SIS software, the vehicle safety systems technician shall authenticate their identity, for purposes of authorizing their access to the BAR-SIS, using a biometric device model specified in Chapter 9 of the Vehicle Safety Systems Inspection Manual, referenced in section 3311.1 of this Article. If, at the time of enrollment, the biometric system is unable to collect sufficient data necessary to create a uniquely identifiable profile from the technician's hand(s), the Bureau shall allow access to the BAR-SIS using a Bureau-assigned access code. If the Bureau determines that the reason for which the uniquely identifiable profile could not be collected is temporary, the Bureau shall establish a 30-day window during which the vehicle safety systems technician may access the BAR-SIS using a Bureau-assigned access code, after the conclusion of which the vehicle safety systems technician would need to return to the Bureau field office or other Bureau-designated facility to enroll, which shall include the establishment of another 30-day window, if the biometric system is unable to collect sufficient data necessary to create a uniquely identifiable profile from the technician's hand(s). If, after enrollment, a vehicle safety systems technician encounters circumstances in which the biometric scanner is unable to collect the data required to permit the technician to perform a vehicle safety systems inspection, the technician shall return to the Bureau field office or other Bureau-designated facility for enrollment based on the changed circumstances.

(b) The procedure for the enrollment process is as follows:

(1) Enrollment at a Bureau field office or a Bureau-designated facility shall begin on September 27, 2024. The Bureau will inform vehicle safety systems technicians of the mandatory enrollment start date at least 30 days prior to September 27, 2024, with a requirement that the technician enroll no later than 30 calendar days thereafter. Vehicle safety systems technicians licensed after September 27, 2024, shall enroll as outlined in subdivision (a) of this section prior to being allowed to perform any vehicle safety systems inspections. The Bureau will provide written notice to all vehicle safety systems technicians of the mandatory enrollment deadlines specified in this section at least 30 days prior to the start date.

(2) The Bureau will verify a vehicle safety systems technician's identity using two forms of identification. One must be a valid, government-issued photo identification, other than a Bureau issued license badge (e.g., driver license, passport, or military identification). The second identification must have the enrollee's signature and legal name (e.g., social security card or credit card). If the enrollee is licensed with a name other than the enrollee's legal name, the enrollee shall correct the name with the Bureau to match their legal name prior to enrolling by contacting the Bureau's Licensing Program in writing and requesting to change their licensed name to their legal name.

(3) Enrollees shall review and agree to the Notice on Collection of Personal Biometric Information and Its Use (for Vehicle Safety Systems Technician Licenses) (New 1/2023) and the Biometric Data Collection Consent Statement (for Vehicle Safety Systems Technician Licenses) (New 1/2023). Acknowledgement and consent to collection of the applicant's biometric data shall be demonstrated by the enrollee providing their palm for scanning.

(4) Information collected during enrollment will include a photograph of the enrollee's face and a biometric scan of the enrollee's hand(s).

(c) A vehicle safety systems technician who is also licensed as a smog check inspector pursuant to section 3340.29 of this Chapter and has completed the biometric enrollment specified in section 3340.41(f) of this Chapter shall forego the biometric enrollment outlined in subdivision (a) of this section.

Note: Authority cited: Sections 9882 and 9888.5, Business and Professions Code. Reference: Sections 9888.2 and 9888.5, Business and Professions Code.

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