Section 1235.3 - Required Information and Assignment of Identification Numbers(a) "Doing Business As" Names. "Doing Business As" (DBA) names under which a person operates may be associated in the department's records with the CA number and legal name of the person.(b) DBA Name Not A Separate Entity. The fact that a person does business under another name does not create an entity distinct from that person. Except as specifically permitted in this section, DBA names that are fictitious business names shall not be included on the application referenced in Section 1235.1 unless they are adopted in compliance with the Business and Professions Code, commencing with Section 17900. (1) The name of another carrier to whom a person is contracted or under whose federal operating authority the person operates is not acceptable as a DBA name of that person.(2) The department may require the applicant to provide verification of compliance with the requirements of the Business and Professions Code regarding the adoption of fictitious business names.(c) Legal Name Required. A CA number shall be assigned in the legal name of the person who is a motor carrier or motor carrier of property. (1) An individual who operates vehicles which cause the individual to be subject to Section 34507.5 of the Vehicle Code shall, upon submission of a properly completed application, be assigned one CA number in the legal name of that individual. (A) A business or other enterprise which is operated as a sole proprietorship, but managed jointly by a family, such as by a husband and wife, siblings, parent and child, or is managed by unrelated individuals in an informal partnership, shall be identified on the application referenced in Section 1235.1 as operated by one individual, and a CA number shall be assigned in the legal name of the individual so identified.(2) A partnership, corporation, or limited liability company that operates vehicles which cause it to be subject to Section 34507.5 of the Vehicle Code shall, upon submission of a properly completed application, be assigned one CA number in the legal name of the partnership, corporation, or limited liability company.(3) A department or an independent commission of the state that operates vehicles which cause it to be subject to Section 34507.5 of the Vehicle Code shall, upon submission of a properly completed application, be assigned one CA number in the legal name of the department or commission. Except as provided in subsections (c) and (d), levels of state government below the department level shall not be identified as DBAs of the state. As used in this paragraph, the term "department level" means the first major organizational subdivision of a state Department or Commission below its executive level.(4) A county shall be assigned one CA number. County departments may be identified as DBA names of the county. Except as provided in subsections (c) and (d), levels of county government below the county department level shall not be identified as DBAs of the county.(5) A city shall be assigned one CA number. City departments may be identified as DBA names of the city. Except as provided in subsections (c) and (d), levels of city government below the city department level shall not be identified as DBAs of the city.(d) Commissions and Special Districts. A county or city commission, or a special district or joint powers agency governed by a board of trustees, that operates vehicles which cause the commission, district or agency to be subject to Section 34507.5 of the Vehicle Code, shall, upon submission of a properly completed application, be assigned a CA number separately from the level of government with which it is associated.(e) Public School Districts. A public school district operated by the state, a county, or a city shall, upon submission of a properly completed application, be assigned a CA number separately from the level of government with which it is associated.(f) Associations and Other Organizations. Associations and other organizations comprising a federation of relatively independent local offices, chapters, congregations, or other units but which are affiliated statewide or nationally with a central organization in such a manner that they share the same federal employer identification number, shall be considered one organization and shall share the same CA number, unless a local chapter is incorporated separately from the state or national organization. The name of each local chapter of the organization may be identified as a DBA of the organization if the local chapter operates one or more vehicles that cause the organization to be subject to Section 34507.5 of the Vehicle Code and the DBA name is properly adopted pursuant to subsection (b), except that any one DBA name shall not be repeated in the records of the department regardless of how many locations use that DBA name.(g) Reorganizations. Reorganization of a business, enterprise, or other organization under the ownership of a different legal person, such as from a sole proprietorship to a partnership or from a partnership to a corporation shall be considered the emergence of a new or different person, which, if that new person operates vehicles that cause the person to be subject to Section 34507.5 of the Vehicle Code, shall require application for a new CA number pursuant to Section 1235.1. (1) "Reorganization" includes the dissolution of an entity and the creation of a new entity of the same type, such as from a corporation to a new corporation, or from a limited liability company to a new limited liability company, even if all the individuals who comprise the management of the new entity are the same individuals who managed the previous entity.(2) Upon issuance of a new CA number to the new legal entity, the department may place the CA number of the former organization in inactive status.(h) Individuals Participating in Multiple Businesses. An individual operating one or more businesses as a sole proprietor shall be assigned one CA number, regardless of the number of businesses operated. An individual who enters into a partnership or participates as an owner in the formation of a corporation or limited liability company, but continues to operate one or more businesses as a sole proprietor, shall retain his or her original CA number, which shall continue to represent that individual as a sole proprietor. The partnership, corporation or limited liability company in which that individual participates as a partner or co-owner is a separate legal entity and shall be assigned its own CA number.Cal. Code Regs. Tit. 13, § 1235.3
1. New section filed 3-20-2002; operative 4-19-2002 (Register 2002, No. 12). Note: Authority cited: Sections 34500 and 34501, Vehicle Code. Reference: Sections 34507.5, 34507.6, 34620(a) and 34621(b)(4), Vehicle Code.
1. New section filed 3-20-2002; operative 4-19-2002 (Register 2002, No. 12).