California Vehicle Code 10852.5 – (a) No person shall purchase a used catalytic converter, …
(a) No person shall purchase a used catalytic converter, including for the purpose of dismantling, recycling, or smelting, except from any of the following:
(1) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5.
Terms Used In California Vehicle Code 10852.5
- automobile dismantler: includes a person not otherwise expressly excluded by Section 221 who keeps or maintains on real property owned by the person, or under their possession or control, either of the following vehicles or catalytic converters, whether for the purpose of resale of used parts, for the purpose of reclaiming for use some or all of the materials, whether metal, glass, fabric, or otherwise, or to dispose of them, or for any other purpose:
California Vehicle Code 220
- business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Vehicle Code 234
- converter: is a person, other than a vehicle manufacturer, who, prior to the retail sale of a new vehicle, does any of the following to the vehicle:
California Vehicle Code 267
- Dealer: is a person not otherwise expressly excluded by Section 286 who:
California Vehicle Code 285
- lessor-retailer: is a lessor or renter who, except under the circumstances described in subdivision (a) of Section 286, makes a retail sale or sales of a previously leased or rented vehicle or vehicles to other than any of the following:
California Vehicle Code 373
- motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of §. See California Vehicle Code 415
- owner: is a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle. See California Vehicle Code 460
- Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
- registered owner: is a person registered by the department as the owner of a vehicle. See California Vehicle Code 505
- vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670
(2) A core recycler, as defined in § 21610 of the Business and Professions Code, that maintains a fixed place of business and has obtained the catalytic converter pursuant to that section.
(3) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100).
(4) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code.
(5) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.
(6) An individual possessing documentation that they are the lawful owner of the used catalytic converter, including, but not limited to, a certificate of title or registration that identifies the individual as the legal or registered owner of the vehicle from which the catalytic converter was detached, and that includes a vehicle identification number that matches the vehicle identification number permanently marked on the catalytic converter.
(b) As used in this section, the following terms have the following meanings:
(1) “Permanently marked” means prominently engraved, etched, welded, metal stamped, acid marked, or otherwise permanently displayed using a similarly reliable method of imparting a lasting mark on the exterior case of the catalytic converter.
(2) “Used catalytic converter” means a catalytic converter that has been previously installed on a vehicle and has been detached. It does not include a reconditioned or refurbished catalytic converter being sold at retail.
(c) A violation of this section is punishable as an infraction by a fine, as follows:
(1) For a first offense, by a fine of one thousand dollars ($1,000).
(2) For a second offense, by a fine of two thousand dollars ($2,000).
(3) For a third or subsequent offense, by a fine of four thousand dollars ($4,000).
(Added by Stats. 2022, Ch. 514, Sec. 2. (SB 1087) Effective January 1, 2023.)