Record Maintenance Requirements
The records scrap metal dealers are required to maintain for scrap metal purchases or acquisitions now also apply to the purchase or acquisition of motor vehicles. The records must be retained for three years and must be written in English, using an electronic record program. The record must include:
- Description, including the weight if applicable, of the scrap metal or motor vehicle;
- Date, time, and place of the receipt of the scrap metal or motor vehicle;
- Unique transaction identifier;
- Photocopy or electronic scan of the seller's proof of identification including the identification number;
- Amount paid and the number of the check or electronic transfer used for the purchase;
- License plate number and description of the vehicle used by the person delivering the scrap metal or motor vehicle, including the vehicle make and model, and identifying marks on the vehicle (for example: business name, decals, or markings), if any;
- Statement signed by the seller, under penalty of perjury, attesting that the scrap metal or motor vehicle is not stolen and is free of any liens or encumbrances and the seller has the right to sell it;
- Identity or identifier of the employee completing the transaction.
- Copy of the receipt, which must include:
- Name and address of the dealer;
- Date and time the scrap metal or motor vehicle was received;
- Accurate description of the scrap metal or motor vehicle; and
- Amount paid for the scrap metal or motor vehicle;
Note: The dealer must provide a copy of the receipt to the seller.
The record and the scrap metal or motor vehicle must be open to inspection by law enforcement officers. Law enforcement may conduct inspections and audits.
Transactions with Established Businesses
Except for the purchase or acquisition of detached catalytic converters or motor vehicles, no record is required for property purchased or acquired from merchants, manufacturers, salvage pools, insurance companies, rental car companies, financial institutions, charities, motor vehicle dealers, or wholesale dealers that have an established place of business, or of any goods purchased or acquired at open sale from any bankrupt stock. The scrap metal dealer must keep a receipt, which must meet the requirements listed above.
Personal Information of Customers
A scrap metal dealer may not disclose personal information concerning a customer without the customer's consent unless required by law or in response to a request from a law enforcement agency. A scrap metal dealer must implement reasonable safeguards to protect the security of the personal information and prevent unauthorized access to or disclosure of the information.
