BILL NUMBER: SB 391	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Gaines

                        FEBRUARY 15, 2011

   An act to amend Section 4000 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 391, as introduced, Gaines. Vehicles: registration.
   Existing law prohibits a person from driving, moving, or leaving
standing upon a highway, or in an offstreet public parking facility,
any motor vehicle, trailer, semitrailer, pole or pipe dolly, or
logging dolly, unless it is registered and the appropriate fees have
been paid under the Vehicle Code or registered under the permanent
trailer identification program, with certain exceptions.
   This bill would make technical, nonsubstantive changes in that
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4000 of the Vehicle Code is amended to read:
   4000.  (a) (1) No person shall drive, move, or leave standing upon
a highway, or in an offstreet public parking facility,  any
  a  motor vehicle, trailer, semitrailer, pole or
pipe dolly, or logging dolly, unless it is registered and the
appropriate fees have been paid under this code or registered under
the permanent trailer identification program, except that an
off-highway motor vehicle  which   that 
displays an identification plate or device issued by the department
pursuant to Section 38010 may be driven, moved, or left standing in
an offstreet public parking facility without being registered or
paying registration fees.
   (2) For purposes of this subdivision, "offstreet public parking
facility" means either of the following:
   (A)  Any   A  publicly owned parking
facility.
   (B)  Any   A    privately owned
parking facility for which no fee for the privilege to park is
charged and  which   that  is held open for
the common public use of retail customers.
   (3) This subdivision does not apply to  any  
a  motor vehicle stored in a privately owned offstreet parking
facility by, or with the express permission of, the owner of the
privately owned offstreet parking facility.
   (b) No person shall drive, move, or leave standing upon a highway
 any   a  motor vehicle, as defined in
Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of
the Health and Safety Code, which has been registered in violation
of Part 5 (commencing with Section 43000) of that Division 26.
   (c) Subdivisions (a) and (b) do not apply to off-highway motor
vehicles operated pursuant to Sections 38025 and 38026.5.
   (d) This section does not apply, following payment of fees due for
registration, during the time that registration and transfer is
being withheld by the department pending the investigation of any use
tax due under the Revenue and Taxation Code.
   (e) Subdivision (a) does not apply to a vehicle that is towed by a
tow truck on the order of a sheriff, marshal, or other official
acting pursuant to a court order or on the order of a peace officer
acting pursuant to this code.
   (f) Subdivision (a) applies to a vehicle that is towed from a
highway or offstreet parking facility under the direction of a
highway service organization when that organization is providing
emergency roadside assistance to that vehicle. However, the operator
of a tow truck providing that assistance to that vehicle is not
responsible for the violation of subdivision (a) with respect to that
vehicle. The owner of an unregistered vehicle that is disabled and
located on private property, shall obtain a permit from the
department pursuant to Section 4003 prior to having the vehicle towed
on the highway.
   (g) For purposes of this section, possession of a California
driver's license by the registered owner of a vehicle shall give rise
to a rebuttable presumption that the owner is a resident of
California.