§ 488. — 488. (Amended by Stats. 2007, Ch. 682, Sec. 2.)

No insurer shall, in issuing or renewing a private passenger automobile insurance policy, increase the premium on that policy for the reason that the insured or applicant for insurance has been convicted for traffic violations committed while operating a motor vehicle for compensation during the hours of his employment if, with respect to a conviction, the employee or applicant has submitted to the insurer a written declaration made by the employee under penalty of perjury that the applicant or insured was, at that time, operating a motor vehicle for compensation during the hours of his or her employment. This section applies only to those individuals whose specific duties include driving their employer’s motor vehicles or individuals who have authority in their name from the Public Utilities Commission to operate as a highway carrier and who are the registered owners or lease operators of the motor vehicle used in the operation as a highway carrier.
This section does not apply to an insured or applicant for insurance convicted of any of the following:
(a)
Homicide or assault arising out of the operation of a motor vehicle for compensation during the hours of employment.
(b)
A violation while operating a motor vehicle for compensation during the hours of employment of any of the following sections or section subdivisions of the Vehicle Code:
(1)
Subdivision (a) of Section 14601.
(2)
Subdivision (a) of Section 14601.1.
(3)
Subdivision (a) of Section 14601.2.
(4)
Section 20001 or 20002.
(5)
Subdivision (a) of Section 20008.
(6)
Section 23103, 23104, 23105, 23152, or 23153.
(c)
This section shall not apply to a person insured under the California assigned risk plan prescribed by Article 4 (commencing with Section 11620) of Chapter 1 of Part 3 of Division 2.

Legislative History

Amended by Stats. 2007, Ch. 682, Sec. 2. Effective January 1, 2008.