Motor ClubsDefinitions and Exemptions
Section § 12140
This section outlines who is not subject to certain insurance regulations. It does not apply to: (a) attorneys doing their usual work, (b) admitted insurance companies, (c) motor carrier associations, (d) those involved in specific service sales related to Sections 12148, 12152, or 12153, as long as they don't deal with other services, (e) licensed vehicle service contract providers offering specific services defined in another law, (f) providers of certain services defined in additional regulation, and (g) agreements for routine maintenance.
Section § 12141
This law section states that the terms in this chapter have specific meanings that apply only in this context. These definitions shouldn't be assumed to apply to other sections of the code just because they are defined here.
Section § 12142
This law section defines what a motor club is. Essentially, a motor club is anyone involved in selling or providing motor club services, whether they do so directly or through agents. However, if a person only provides certain specified services (mentioned in other sections), and not a broad range of motor club services, they are not considered a motor club.
Section § 12142.5
This law requires the commissioner to create rules that outline what kinds of extra services are allowed under certain parts of the insurance regulations. These rules must follow a specific process for being made, changed, or removed, as detailed in another set of government rules.
Section § 12143
This law defines a club agent as anyone who isn't the motor club but still helps with selling, delivering, or negotiating membership or service contracts for the club, including renewals.
Section § 12144
This law defines what motor club services are and the types of agreements people can have with these clubs. It means offering or being part of services for vehicle-related needs, like use and maintenance, as a club member or through any affiliation or agreement with the club. But it makes clear that these services can't be handled like insurance. The commissioner can make rules on what counts as insurance to ensure compliance, following government procedures for making regulations.
Section § 12145
This law section defines towing service as when a motor club moves a vehicle from one location to another using a power source other than the vehicle's own.
Section § 12146
This law section defines 'emergency road service' as the service provided by a motor club to fix, adjust, or replace parts of a car, like tires or equipment, so that the car can be driven on its own again.
Section § 12148
This law explains that a motor club can offer special discounts or price reductions on things like gasoline, oil, car repairs, insurance, parts, and vehicle services to people who have service contracts with the club.
Section § 12149
This section explains that a 'financial service' refers to an agreement offered by a motor club. In this setup, the club provides loans or money advances to those who have service contracts with the club.
Section § 12150
This law describes a service provided by motor clubs to assist members in buying or selling cars. If the motor club refers members to a car dealer and receives a fee, advertisements must clearly state that the dealer paid the club and include a disclaimer that car purchases depend on availability and prearranged pricing. The statement must be prominently displayed in the ad. However, this rule doesn't apply to general ads that only mention the motor club offers car buying services without details.
Section § 12151
This law describes a service offered by motor clubs to find, identify, or recover stolen or missing vehicles. It also includes efforts to catch the person responsible for the theft, as long as the vehicle owner has a contract with the club.
Section § 12152
This law section explains that if you have a service contract with a motor club, you'll get road maps for free as part of the services they provide.
Section § 12153
This section defines 'travel service' as the assistance provided by a motor club to travelers. It includes offering road maps, travel guides, and accommodations directories, as well as arranging travel tickets and reservations.
Section § 12154
This law section explains that a motor club can offer claim adjustment services to help settle claims for individuals who have a service contract with the club. These claims must arise from accidents involving a motor vehicle and can relate to injuries or damages to people or property.
Section § 12155
This law explains that a motor club can help people with three specific services: getting their car registered with the state, obtaining a driver's license, and transferring vehicle ownership records at the Department of Motor Vehicles.
Section § 12156
This law explains that insurance service involves providing insurance policies through a motor club. These policies cover accidents that cause injury or damage due to owning, maintaining, or using a vehicle. Additionally, the insurance can also cover a club member or their family for accidental injury or death unrelated to time loss, as part of a service contract or club membership. The motor club is recognized as an association for these purposes.
Section § 12157
This law states that if a motor club begins to provide a service described in this chapter, it counts as having provided that service, regardless of whether the service is fully completed.
Section § 12158
This law defines a service contract as a written agreement where one person agrees, for payment, to provide motor club services, which could include anything like roadside assistance, to someone else.
Section § 12159
This section defines 'miscellaneous service' as any extra service provided by a club that enhances or supports other authorized services offered by the club. These services should help the club's members and must be practical for the club to offer.