Amended in Senate June 23, 2016

Amended in Senate July 16, 2015

Amended in Senate June 30, 2015

Amended in Assembly June 1, 2015

Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 516


Introduced by Assembly Member Mullin

(Coauthor: Assembly Member Chiu)

(Coauthor: Senator Hill)

February 23, 2015


An act to amend Section 1685 of, and to amend, repeal, and add Sections 4456, 4456.5, 4462, 4463, 4763, 4773, 5201, 5202, 5901, 6100, 11714, and 38080 of, and to add Section 4456.2 to, the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 516, as amended, Mullin. Vehicles: temporary license plates.

Existing law requires the Department of Motor Vehicles (DMV), upon registering a vehicle, to issue to the owner 2 license plates, as specified. Existing law also requires vehicle dealers and lessor-retailers to attach a numbered report-of-sale form issued by the DMV to a vehicle at the time of sale, and to submit to the DMV an application for registration of the vehicle, and the applicable fees, within a specified period after the date of sale. Existing law authorizes a dealer, as specified, to assess a specified document processing charge on the purchaser or lessee of a vehicle for the preparation and processing of documents, disclosures, and titling, registration, and information security obligations imposed by state and federal law. Existing law generally makes a violation of the Vehicle Code an infraction, but makes counterfeiting a license plate a felony.

Existing law requires the driver of a motor vehicle to present evidence of registration of a vehicle under the driver’s immediate control upon demand by a peace officer. Existing law prohibits displaying or presenting to a peace officer specified indicia of vehicle registration that are not issued for that vehicle. Existing law authorizes the DMV to assess administrative fees on a processing agency for providing notices of delinquent parking violations or toll evasion violations to the offenders in connection with the collection of penalties for those violations, and authorizes the use of those administrative fees to support those collection procedures. Existing law requires license plates to be securely fastened to the vehicle for which they were issued for the period of validity of the license plates, and authorizes the use of a special permit in lieu of license plates for that purpose.

This bill would require the DMV to develop an operational system, no later than January 1,begin delete 2018,end deletebegin insert 2019,end insert that allows a dealer or lessor-retailer to electronically report the sale of a vehicle and provide a temporary license plate, as specified. The bill would, commencing January 1,begin delete 2017,end deletebegin insert 2018,end insert authorize thebegin delete departmentend deletebegin insert DMVend insert to assess specified administrative fees onbegin insert parking and toll evasionend insert processing agencies to support the administration of this system. The bill would also, commencing January 1,begin delete 2018,end deletebegin insert 2019,end insert increase the document processing charge, as specified, that a dealer may impose on the purchaser or lessee of abegin delete vehicle,end deletebegin insert vehicleend insert and would authorize the imposition of a specified electronic filing charge for reporting vehicle sales and producing temporary license plates. The bill would authorize the DMV to establish contracts with qualified industry partners to provide these vehicle sale reporting and temporary license plate services.

The bill would, commencing January 1,begin delete 2018,end deletebegin insert 2019,end insert prohibit a person from displaying on a vehicle or presenting to a peacebegin delete officer,end deletebegin insert officerend insert a temporary license plate that was not issued for that vehicle, asbegin delete specified. The bill would, commencing January 1, 2018,end deletebegin insert specified, and wouldend insert make counterfeiting a temporary license plate a felony. The bill would, commencing January 1,begin delete 2018,end deletebegin insert 2019,end insert require temporary license plates to be securely fastened to the vehicle for which they are issued, as specified, and would require a person upon receipt of permanent license plates to replace and destroy the temporary license plates. The bill would make additional conforming changes. By creating new crimes and expanding the scope of existing crimes, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 1685 of the Vehicle Code is amended to
2read:

3

1685.  

(a) In order to continue improving the quality of products
4and services it provides to its customers, the department, in
5conformance with Article 4 (commencing with Section 19130) of
6Chapter 5 of Part 2 of Division 5 of Title 2 of the Government
7Code, may establish contracts for electronic programs that allow
8qualified private industry partners to join the department in
9providing services that include processing and payment programs
10for vehicle registration and titling transactions, and services related
11to reporting vehicle sales and producing temporary license plates
12pursuant to Sections 4456 and 4456.2.

13(b) (1) The department may enter into contractual agreements
14with qualified private industry partners. There are the following
15three types of private industry partnerships authorized under this
16section:

17(A) First-line business partner is an industry partner that receives
18data directly from the department and uses it to complete
19registration and titling activities for that partner’s own business
20purposes.

21(B) First-line service provider is an industry partner that receives
22information from the department and then transmits it to another
23authorized industry partner.

24(C) Second-line business partner is a partner that receives
25information from a first-line service provider.

P4    1(2) The private industry partner contractual agreements shall
2include the following minimum requirements:

3(A) Filing of an application and payment of an application fee,
4as established by the department.

5(B) Submission of information, including, but not limited to,
6fingerprints and personal history statements, focusing on and
7concerning the applicant’s character, honesty, integrity, and
8reputation as the department may consider necessary.

9(C) Posting a bond in an amount consistent with Section 1815.

10(3) The department shall, through regulations, establish any
11additional requirements for the purpose of safeguarding privacy
12and protecting the information authorized for release under this
13section.

14(c) The director may establish, through the adoption of
15regulations, the maximum amount that a qualified private industry
16partner may charge its customers in providing the services
17authorized under subdivision (a).

18(d) The department shall charge a three-dollar ($3) transaction
19fee for the information and services provided under subdivision
20(a). The private industry partner may pass the transaction fee to
21the customer, but the total charge to a customer may not exceed
22the amount established by the director under subdivision (c).

23(e) All fees collected by the department pursuant to subdivision
24(d) shall be deposited in the Motor Vehicle Account. On January
251 of each year, the department shall adjust the fee in accordance
26with the California Consumer Price Index. The amount of the fee
27shall be rounded to the nearest whole dollar, with amounts equal
28to, or greater than, fifty cents ($0.50) rounded to the next highest
29whole dollar.

30(f) The department shall adopt regulations and procedures that
31ensure adequate oversight and monitoring of qualified private
32industry partners to protect vehicle owners from the improper use
33of vehicle records. These regulations and procedures shall include
34provisions for qualified private industry partners to periodically
35submit records to the department, and the department shall review
36those records as necessary. The regulations shall also include
37provisions for the dedication of department resources to program
38monitoring and oversight; the protection of confidential records
39in the department’s files and databases; and the duration and nature
40of the contracts with qualified private industry partners.

P5    1(g) The department shall, annually, by October 1, provide a
2report to the Legislature that shall include all of the following
3information gathered during the fiscal year immediately preceding
4the report date:

5(1) Listing of all qualified private industry partners, including
6names and business addresses.

7(2) Volume of transactions, by type, completed by business
8partners.

9(3) Total amount of funds, by transaction type, collected by
10business partners.

11(4) Total amount of funds received by the department.

12(5) Description of any fraudulent activities identified by the
13department.

14(6) Evaluation of the benefits of the program.

15(7) Recommendations for any administrative or statutory
16changes that may be needed to improve the program.

17(h) Nothing in this section impairs or limits the authority
18provided in Section 4610 or Section 12155 of the Insurance Code.

19

SEC. 2.  

Section 4456 of the Vehicle Code is amended to read:

20

4456.  

(a) When selling a vehicle, dealers and lessor-retailers
21shall use numbered report-of-sale forms issued by the department.
22The forms shall be used in accordance with the following terms
23and conditions:

24(1) The dealer or lessor-retailer shall attach for display a copy
25of the report of sale on the vehicle before the vehicle is delivered
26to the purchaser.

27(2) The dealer or lessor-retailer shall submit to the department
28an application accompanied by all fees and penalties due for
29registration or transfer of registration of the vehicle within 30 days
30from the date of sale, as provided in subdivision (c) of Section
319553, if the vehicle is a used vehicle, and 20 days if the vehicle is
32a new vehicle. Penalties due for noncompliance with this paragraph
33shall be paid by the dealer or lessor-retailer. The dealer or
34lessor-retailer shall not charge the purchaser for the penalties.

35(3) As part of an application to transfer registration of a used
36vehicle, the dealer or lessor-retailer shall include all of the
37following information on the certificate of title, application for a
38duplicate certificate of title, or form prescribed by the department:

39(A) Date of sale and report-of-sale number.

40(B) Purchaser’s name and address.

P6    1(C) Dealer’s name, address, number, and signature or signature
2of authorized agent.

3(D) Salesperson number.

4(4) If the department returns an application and the application
5was first received by the department within 30 days of the date of
6sale of the vehicle if the vehicle is a used vehicle, and 20 days if
7the vehicle is a new vehicle, the dealer or lessor-retailer shall
8submit a corrected application to the department within 50 days
9from the date of sale of the vehicle if the vehicle is a used vehicle,
10and 40 days if the vehicle is a new vehicle, or within 30 days from
11the date that the application is first returned by the department if
12the vehicle is a used vehicle, and 20 days if the vehicle is a new
13vehicle, whichever is later.

14(5) If the department returns an application and the application
15was first received by the department more than 30 days from the
16date of sale of the vehicle if the vehicle is a used vehicle, and 20
17days if the vehicle is a new vehicle, the dealer or lessor-retailer
18shall submit a corrected application to the department within 50
19days from the date of sale of the vehicle if the vehicle is a used
20vehicle, and 40 days if the vehicle is a new vehicle.

21(6) An application first received by the department more than
2250 days from the date of sale of the vehicle if the vehicle is a used
23vehicle, and 40 days if the vehicle is a new vehicle, is subject to
24the penalties specified in subdivisions (a) and (b) of Section 4456.1.

25(7) The dealer or lessor-retailer shall report the sale pursuant to
26Section 5901.

27(b) (1) A transfer that takes place through a dealer conducting
28a wholesale vehicle auction shall be reported to the department by
29that dealer on a single form approved by the department. The
30completed form shall contain, at a minimum, all of the following
31information:

32(A) The name and address of the seller.

33(B) The seller’s dealer number, if applicable.

34(C) The date of delivery to the dealer conducting the auction.

35(D) The actual mileage of the vehicle as indicated by the
36vehicle’s odometer at the time of delivery to the dealer conducting
37the auction.

38(E) The name, address, and occupational license number of the
39dealer conducting the auction.

P7    1(F) The name, address, and occupational license number of the
2buyer.

3(G) The signature of the dealer conducting the auction.

4(2) Submission of the completed form specified in paragraph
5(1) to the department shall fully satisfy the requirements of
6subdivision (a) and subdivision (a) of Section 5901 with respect
7to the dealer selling at auction and the dealer conducting the
8auction.

9(3) The single form required by this subdivision does not relieve
10a dealer of any obligation or responsibility that is required by any
11other law.

12(c) A vehicle displaying a copy of the report of sale may be
13operated without license plates or registration card until either of
14the following, whichever occurs first:

15(1) The license plates and registration card are received by the
16purchaser.

17(2) A 90-day period, commencing with the date of sale of the
18vehicle, has expired.

19(d) This section shall become operative on July 1, 2012.

20(e) This section shall remain in effect only until January 1,begin delete 2018,end delete
21begin insert 2019,end insert and as of that date is repealed, unless a later enacted statute,
22that is enacted before January 1,begin delete 2018,end deletebegin insert 2019,end insert deletes or extends
23that date.

24

SEC. 3.  

Section 4456 is added to the Vehicle Code, to read:

25

4456.  

(a) When selling a vehicle, dealers and lessor-retailers
26shall report the sale using the reporting system described in Section
274456.2. After providing information to the reporting system, the
28dealer or lessor-retailer shall do all of the following:

29(1) The dealer or lessor-retailer shall attach for display a copy
30of the report-of-sale form provided by the reporting system on the
31vehicle before the vehicle is delivered to the purchaser.

32(2) The dealer or lessor-retailer shall submit to the department
33an application accompanied by all fees and penalties due for
34registration or transfer of registration of the vehicle within 30 days
35from the date of sale, as provided in subdivision (c) of Section
369553, if the vehicle is a used vehicle, and within 20 days if the
37vehicle is a new vehicle. Penalties due for noncompliance with
38this paragraph shall be paid by the dealer or lessor-retailer. The
39dealer or lessor-retailer shall not charge the purchaser for the
40penalties.

P8    1(3) As part of an application to transfer registration of a used
2vehicle, the dealer or lessor-retailer shall include all of the
3following information on the certificate of title, application for a
4duplicate certificate of title, or form prescribed by the department:

5(A) Date of sale and report-of-sale number.

6(B) Purchaser’s name and address.

7(C) Dealer’s name, address, number, and signature, or signature
8of authorized agent.

9(D) Salesperson number.

10(4) If the department returns an application and the application
11was first received by the department within 30 days of the date of
12sale of the vehicle if the vehicle is a used vehicle, and within 20
13days if the vehicle is a new vehicle, the dealer or lessor-retailer
14shall submit a corrected application to the department within 50
15days from the date of sale of the vehicle if the vehicle is a used
16vehicle, and within 40 days if the vehicle is a new vehicle, or within
1730 days from the date that the application was first returned by the
18department if the vehicle is a used vehicle, and within 20 days if
19the vehicle is a new vehicle, whichever is later.

20(5) If the department returns an application and the application
21was first received by the department more than 30 days from the
22date of sale of the vehicle if the vehicle is a used vehicle, and more
23than 20 days if the vehicle is a new vehicle, the dealer or
24lessor-retailer shall submit a corrected application to the department
25within 50 days from the date of sale of the vehicle if the vehicle
26is a used vehicle, and within 40 days if the vehicle is a new vehicle.

27(6) An application first received by the department more than
2850 days from the date of sale of the vehicle if the vehicle is a used
29vehicle, and more than 40 days if the vehicle is a new vehicle, is
30subject to the penalties specified in subdivisions (a) and (b) of
31Section 4456.1.

32(7) The dealer or lessor-retailer shall report the sale pursuant to
33Section 5901.

34(8) If the vehicle does not display license plates previously
35issued by the department, the dealer or lessor-retailer shall attach
36the temporary license plates issued by the reporting system.

37(b) (1) A transfer that takes place through a dealer conducting
38a wholesale vehicle auction shall be reported to the department
39electronically in a manner approved by the department. The report
40shall contain, at a minimum, all of the following information:

P9    1(A) The name and address of the seller.

2(B) The seller’s dealer number, if applicable.

3(C) The date of delivery to the dealer conducting the auction.

4(D) The actual mileage of the vehicle as indicated by the
5vehicle’s odometer at the time of delivery to the dealer conducting
6the auction.

7(E) The name, address, and occupational license number of the
8dealer conducting the auction.

9(F) The name, address, and occupational license number of the
10buyer.

11(G) The signature of the dealer conducting the auction.

12(2) Submission of the electronic report specified in paragraph
13(1) to the department shall fully satisfy the requirements of
14subdivision (a) and subdivision (a) of Section 5901 with respect
15to the dealer selling at auction and the dealer conducting the
16auction.

17(3) The electronic report required by this subdivision does not
18relieve a dealer of any obligation or responsibility that is required
19by any other law.

20(c) A vehicle displaying a report-of-sale form or temporary
21license plate issued pursuant to paragraph (8) of subdivision (a)
22may be operated without license plates until either of the following,
23whichever occurs first:

24(1) The license plates and registration card are received by the
25purchaser.

26(2) A 90-day period, commencing with the date of sale of the
27vehicle, has expired.

28(d) Notwithstanding subdivision (c), a vehicle may continue to
29display a report-of-sale form or temporary license plates after 90
30days if the ownerbegin delete has not yet received the permanent license plates
31andend delete
provides proof that he or she has submitted an application to
32the department pursuant to Sectionbegin delete 4457.end deletebegin insert 4457 and it has been no
33more than 14 days since the permanent license plates were issued
34to the owner. A violation of this paragraph is a correctable offense
35pursuant to Section 40303.5.end insert

36(e) This section shall become operative January 1,begin delete 2018.end deletebegin insert 2019.end insert

37

SEC. 4.  

Section 4456.2 is added to the Vehicle Code, to read:

38

4456.2.  

(a) The department shall develop a system for dealers
39and lessor-retailers to electronically report the sale of a vehicle
P10   1before the vehicle is delivered to the purchaser. At minimum, the
2system shall conform to the following conditions:

3(1) The system shall provide a licensed dealer with the forms
4for use as prescribed in subdivision (a) of Section 4456.

5(2) For a vehicle that does not already display license plates,
6the system shall also produce a temporary license plate to be used
7and displayed in lieu of license plates, pursuant to subdivision (c)
8of Section 4456. The temporary license plate shall display the
9report-of-sale number, expiration date, and any other information
10 deemed necessary by the department.

11(3) The dealer reporting system shall assign each transaction a
12unique report-of-sale number that will be displayed on the
13report-of-sale forms and any temporary license plate.

14(4) The system shall record the vehicle identification number,
15vehicle year,begin delete model,end deletebegin insert modelend insert and make, name of dealer or
16lessor-retailer, purchaser name and address, and any other
17information deemed necessary by the department.

begin insert

18
(b) The department shall develop standards for temporary
19license plates produced pursuant to this section. The standards
20shall specify content, format, and physical attributes that are cost
21effective and reasonably necessary to create appropriately durable
22and legible temporary license plates, including the type and quality
23of paper, ink, and printer required to create the temporary license
24plates.

end insert
begin delete

25(b)

end delete

26begin insert(c)end insert Access to the dealer reporting system shall be restricted to
27authorized users of the department’s vehicle registration and
28occupational licensing databases.

begin delete

29(c)

end delete

30begin insert(d)end insert The department shall make the dealer reporting system
31operational for use no later than January 1,begin delete 2018.end deletebegin insert 2019.end insert

begin delete
32

SEC. 5.  

Section 4456.5 of the Vehicle Code is amended to
33read:

34

4456.5.  

(a) A dealer may charge the purchaser or lessee of a
35vehicle the following charges:

36(1) A document processing charge for the preparation and
37processing of documents, disclosures, and titling, registration, and
38information security obligations imposed by state and federal law.
39The dealer document processing charge shall not be represented
40as a governmental fee.

P11   1(A) If a dealer has a contractual agreement with the department
2to be a private industry partner pursuant to Section 1685, the
3document processing charge shall not exceed eighty dollars ($80).

4(B) If a dealer does not have a contractual agreement with the
5department to be a private industry partner pursuant to Section
61685, the document processing charge shall not exceed sixty-five
7dollars ($65).

8(2) An electronic filing charge, not to exceed the actual amount
9the dealer is charged by a first-line service provider for providing
10license plate processing, postage, and the fees and services
11authorized pursuant to subdivisions (a) and (d) of Section 1685.
12The director may establish, through the adoption of regulations,
13the maximum amount that a first-line service provider may charge
14a dealer. The electronic filing charge shall not be represented as a
15governmental fee.

16(b) As used in this section, the term “first-line service provider”
17shall have the same meaning as defined in subdivision (b) of
18Section 1685.

19(c) This section shall remain in effect only until January 1, 2018,
20and as of that date is repealed, unless a later enacted statute, that
21is enacted before January 1, 2018, deletes or extends that date.

end delete
begin delete
22

SEC. 6.  

Section 4456.5 is added to the Vehicle Code, to read:

23

4456.5.  

(a) A dealer may charge the purchaser or lessee of a
24vehicle the following charges:

25(1) A document processing charge for the preparation and
26processing of documents, disclosures, and titling, registration, and
27information security obligations imposed by state and federal law.
28The dealer document processing charge shall not be represented
29as a governmental fee.

30(A) If a dealer has a contractual agreement with the department
31to be a private industry partner pursuant to Section 1685, the
32document processing charge shall not exceed ninety dollars ($90).

33(B) If a dealer does not have a contractual agreement with the
34department to be a private industry partner pursuant to Section
351685, the document processing charge shall not exceed seventy-five
36dollars ($75).

37(2) An electronic filing charge, not to exceed the actual amount
38the dealer is charged by a first-line service provider for providing
39license plate processing, postage, and the fees and services
40authorized pursuant to subdivisions (a) and (d) of Section 1685,
P12   1including services related to reporting vehicle sales and producing
2temporary license plates pursuant to Sections 4456 and 4456.2.
3The director may establish, through the adoption of regulations,
4the maximum amount that a first-line service provider may charge
5a dealer. The electronic filing charge shall not be represented as a
6governmental fee.

7(b) As used in this section, the term “first-line service provider”
8shall have the same meaning as defined in subdivision (b) of
9Section 1685.

10(c) This section shall become operative on January 1, 2018.

end delete
11begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 4456.5 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

12

4456.5.  

(a) A dealer may charge the purchaser or lessee of a
13vehicle the following charges:

14(1) A document processing charge for the preparation and
15processing of documents, disclosures, and titling, registration, and
16information security obligations imposed by state and federal law.
17The dealer document processing charge shall not be represented
18as a governmental fee.

19(A) If a dealer has a contractual agreement with the department
20to be a private industry partner pursuant to Section 1685, the
21document processing charge shall not exceed eighty dollars ($80).

22(B) If a dealer does not have a contractual agreement with the
23department to be a private industry partner pursuant to Section
241685, the document processing charge shall not exceed sixty-five
25dollars ($65).

26(2) An electronic filing charge, not to exceed the actual amount
27the dealer is charged by a first-line service provider for providing
28license plate processing, postage, and the fees and services
29authorized pursuant to subdivisions (a) and (d) of Section 1685.
30The electronic filing charge shall not be used to pay for additional
31fees, goods, or services not directly related to the electronic
32registration of a motor vehicle, including, but not limited to, the
33receipt by the dealer of free or discounted goods, services, or
34financial incentives. The director may establish, through the
35adoption of regulations, the maximum amount that a first-line
36service provider may charge a dealer. The electronic filing charge
37shall not be represented as a governmental fee.

38(b) As used in this section, the term “first-line service provider”
39shall have the same meaning as defined in subdivision (b) of
40Section 1685.

P13   1(c) This section does not prohibit a first-line service provider
2from entering into contracts with dealers for products and services
3unrelated to electronic vehicle registration services.

begin insert

4
(d) This section shall remain in effect only until January 1, 2019,
5and as of that date is repealed, unless a later enacted statute, that
6is enacted before January 1, 2019, deletes or extends that date.

end insert
7begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 4456.5 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
8

begin insert4456.5.end insert  

(a) A dealer may charge the purchaser or lessee of a
9vehicle the following charges:

10
(1) A document processing charge for the preparation and
11processing of documents, disclosures, and titling, registration,
12and information security obligations imposed by state and federal
13law. The dealer document processing charge shall not be
14represented as a governmental fee.

15
(A) If a dealer has a contractual agreement with the department
16to be a private industry partner pursuant to Section 1685, the
17document processing charge shall not exceed eighty-five dollars
18($85).

19
(B) If a dealer does not have a contractual agreement with the
20department to be a private industry partner pursuant to Section
211685, the document processing charge shall not exceed seventy
22dollars ($70).

23
(2) An electronic filing charge, not to exceed the actual amount
24the dealer is charged by a first-line service provider for providing
25license plate processing, postage, and the fees and services
26authorized pursuant to subdivisions (a) and (d) of Section 1685,
27including services related to reporting vehicle sales and producing
28temporary license plates pursuant to Sections 4456 and 4456.2.
29The electronic filing charge shall not be used to pay for additional
30fees, goods, or services not directly related to the electronic
31registration of a motor vehicle, including, but not limited to, the
32receipt by the dealer of free or discounted goods, services, or
33financial incentives. The director may establish, through the
34adoption of regulations, the maximum amount that a first-line
35service provider may charge a dealer. The electronic filing charge
36shall not be represented as a governmental fee.

37
(b) As used in this section, the term “first-line service provider”
38shall have the same meaning as defined in subdivision (b) of
39Section 1685.

P14   1
(c) This section does not prohibit a first-line service provider
2from entering into contracts with dealers for products and services
3unrelated to electronic vehicle registration services.

4
(d) This section shall become operative on January 1, 2019.

end insert
5

SEC. 7.  

Section 4462 of the Vehicle Code is amended to read:

6

4462.  

(a) The driver of a motor vehicle shall present the
7registration or identification card or other evidence of registration
8of any or all vehicles under his or her immediate control for
9examination upon demand of any peace officer.

10(b) A person shall not display upon a vehicle, nor present to any
11peace officer, any registration card, identification card, temporary
12receipt, license plate, device issued pursuant to Section 4853, or
13permit not issued for that vehicle or not otherwise lawfully used
14thereon under this code.

15(c) This section shall remain in effect only until January 1,begin delete 2018,end delete
16begin insert 2019,end insert and as of that date is repealed, unless a later enacted statute,
17that is enacted before January 1,begin delete 2018,end deletebegin insert 2019,end insert deletes or extends
18that date.

19

SEC. 8.  

Section 4462 is added to the Vehicle Code, to read:

20

4462.  

(a) The driver of a motor vehicle shall present the
21registration or identification card or other evidence of registration
22of any or all vehicles under his or her immediate control for
23examination upon demand of any peace officer.

24(b) A person shall not display upon a vehicle, nor present to any
25peace officer, any registration card, identification card, temporary
26receipt, license plate, temporary license plate, device issued
27pursuant to Section 4853, or permit not issued for that vehicle or
28not otherwise lawfully used thereon under this code.

29(c) This section shall become operative January 1,begin delete 2018.end deletebegin insert 2019.end insert

30

SEC. 9.  

Section 4463 of the Vehicle Code is amended to read:

31

4463.  

(a) A person who, with intent to prejudice, damage, or
32defraud, commits any of the following acts is guilty of a felony
33and upon conviction thereof shall be punished by imprisonment
34pursuant to subdivision (h) of Section 1170 of the Penal Code for
3516 months, or two or three years, or by imprisonment in a county
36jail for not more than one year:

37(1) Alters, forges, counterfeits, or falsifies a certificate of
38ownership, registration card, certificate, license, license plate,
39device issued pursuant to Section 4853, special plate, or permit
40provided for by this code or a comparable certificate of ownership,
P15   1registration card, certificate, license, license plate, device
2comparable to that issued pursuant to Section 4853, special plate,
3or permit provided for by a foreign jurisdiction, or alters, forges,
4counterfeits, or falsifies the document, device, or plate with intent
5to represent it as issued by the department, or alters, forges,
6counterfeits, or falsifies with fraudulent intent an endorsement of
7transfer on a certificate of ownership or other document evidencing
8ownership, or with fraudulent intent displays or causes or permits
9to be displayed or have in his or her possession a blank, incomplete,
10canceled, suspended, revoked, altered, forged, counterfeit, or false
11certificate of ownership, registration card, certificate, license,
12license plate, device issued pursuant to Section 4853, special plate,
13or permit.

14(2) Utters, publishes, passes, or attempts to pass, as true and
15genuine, a false, altered, forged, or counterfeited matter listed in
16paragraph (1) knowing it to be false, altered, forged, or
17counterfeited.

18(b) A person who, with intent to prejudice, damage, or defraud,
19commits any of the following acts is guilty of a misdemeanor, and
20upon conviction thereof shall be punished by imprisonment in a
21county jail for six months, a fine of not less than five hundred
22dollars ($500) and not more than one thousand dollars ($1,000),
23or both that fine and imprisonment, which penalty shall not be
24suspended:

25(1) Forges, counterfeits, or falsifies a disabled person placard
26or a comparable placard relating to parking privileges for disabled
27persons provided for by a foreign jurisdiction, or forges,
28counterfeits, or falsifies a disabled person placard with intent to
29represent it as issued by the department.

30(2) Passes, or attempts to pass, as true and genuine, a false,
31forged, or counterfeit disabled person placard knowing it to be
32false, forged, or counterfeited.

33(3) Acquires, possesses, sells, or offers for sale a genuine or
34counterfeit disabled person placard.

35(c) A person who, with fraudulent intent, displays or causes or
36permits to be displayed a forged, counterfeit, or false disabled
37person placard, is subject to the issuance of a notice of parking
38violation imposing a civil penalty of not less than two hundred
39fifty dollars ($250) and not more than one thousand dollars
40($1,000), for which enforcement shall be governed by the
P16   1procedures set forth in Article 3 (commencing with Section 40200)
2of Chapter 1 of Division 17 or is guilty of a misdemeanor
3punishable by imprisonment in a county jail for six months, a fine
4of not less than two hundred fifty dollars ($250) and not more than
5one thousand dollars ($1,000), or both that fine and imprisonment,
6which penalty shall not be suspended.

7(d) For purposes of subdivision (b) or (c), “disabled person
8placard” means a placard issued pursuant to Section 22511.55 or
922511.59.

10(e) A person who, with intent to prejudice, damage, or defraud,
11commits any of the following acts is guilty of an infraction, and
12upon conviction thereof shall be punished by a fine of not less than
13one hundred dollars ($100) and not more than two hundred fifty
14dollars ($250) for a first offense, not less than two hundred fifty
15dollars ($250) and not more than five hundred dollars ($500) for
16a second offense, and not less than five hundred dollars ($500)
17and not more than one thousand dollars ($1,000) for a third or
18subsequent offense, which penalty shall not be suspended:

19(1) Forges, counterfeits, or falsifies a Clean Air Sticker or a
20comparable clean air sticker relating to high-occupancy vehicle
21lane privileges provided for by a foreign jurisdiction, or forges,
22counterfeits, or falsifies a Clean Air Sticker with intent to represent
23it as issued by the department.

24(2) Passes, or attempts to pass, as true and genuine, a false,
25forged, or counterfeit Clean Air Sticker knowing it to be false,
26forged, or counterfeited.

27(3) Acquires, possesses, sells, or offers for sale a counterfeit
28Clean Air Sticker.

29(4) Acquires, possesses, sells, or offers for sale a genuine Clean
30Air Sticker separate from the vehicle for which the department
31issued that sticker.

32(f) As used in this section, “Clean Air Sticker” means a label
33or decal issued pursuant to Sections 5205.5 and 21655.9.

34(g) This section shall remain in effect only until January 1,begin delete 2018,end delete
35begin insert 2019,end insert and as of that date is repealed, unless a later enacted statute,
36that is enacted before January 1,begin delete 2018,end deletebegin insert 2019,end insert deletes or extends
37that date.

38

SEC. 10.  

Section 4463 is added to the Vehicle Code, to read:

39

4463.  

(a) A person who, with intent to prejudice, damage, or
40defraud, commits any of the following acts is guilty of a felony
P17   1and upon conviction thereof shall be punished by imprisonment
2pursuant to subdivision (h) of Section 1170 of the Penal Code for
316 months, or two or three years, or by imprisonment in a county
4jail for not more than one year:

5(1) Alters, forges, counterfeits, or falsifies a certificate of
6ownership, registration card, certificate, license, license plate,
7temporary license plate, device issued pursuant to Section 4853,
8special plate, or permit provided for by this code or a comparable
9certificate of ownership, registration card, certificate, license,
10license plate, temporary license plate, device comparable to that
11issued pursuant to Section 4853, special plate, or permit provided
12for by a foreign jurisdiction, or alters, forges, counterfeits, or
13falsifies the document, device, or plate with intent to represent it
14as issued by the department, or alters, forges, counterfeits, or
15falsifies with fraudulent intent an endorsement of transfer on a
16certificate of ownership or other document evidencing ownership,
17or with fraudulent intent displays or causes or permits to be
18displayed or have in his or her possession a blank, incomplete,
19canceled, suspended, revoked, altered, forged, counterfeit, or false
20certificate of ownership, registration card, certificate, license,
21license plate, temporary license plate, device issued pursuant to
22Section 4853, special plate, or permit.

23(2) Utters, publishes, passes, or attempts to pass, as true and
24genuine, a false, altered, forged, or counterfeited matter listed in
25paragraph (1) knowing it to be false, altered, forged, or
26counterfeited.

27(b) A person who, with intent to prejudice, damage, or defraud,
28commits any of the following acts is guilty of a misdemeanor, and
29upon conviction thereof shall be punished by imprisonment in a
30county jail for six months, a fine of not less than five hundred
31dollars ($500) and not more than one thousand dollars ($1,000),
32or both that fine and imprisonment, which penalty shall not be
33suspended:

34(1) Forges, counterfeits, or falsifies a disabled person placard
35or a comparable placard relating to parking privileges for disabled
36persons provided for by a foreign jurisdiction, or forges,
37counterfeits, or falsifies a disabled person placard with intent to
38represent it as issued by the department.

P18   1(2) Passes, or attempts to pass, as true and genuine, a false,
2forged, or counterfeit disabled person placard knowing it to be
3false, forged, or counterfeited.

4(3) Acquires, possesses, sells, or offers for sale a genuine or
5counterfeit disabled person placard.

6(c) A person who, with fraudulent intent, displays or causes or
7permits to be displayed a forged, counterfeit, or false disabled
8person placard, is subject to the issuance of a notice of parking
9violation imposing a civil penalty of not less than two hundred
10fifty dollars ($250) and not more than one thousand dollars
11($1,000), for which enforcement shall be governed by the
12procedures set forth in Article 3 (commencing with Section 40200)
13of Chapter 1 of Division 17, or is guilty of a misdemeanor
14punishable by imprisonment in a county jail for six months, a fine
15of not less than two hundred fifty dollars ($250) and not more than
16one thousand dollars ($1,000), or both that fine and imprisonment,
17which penalty shall not be suspended.

18(d) For purposes of subdivision (b) or (c), “disabled person
19placard” means a placard issued pursuant to Section 22511.55 or
2022511.59.

21(e) A person who, with intent to prejudice, damage, or defraud,
22commits any of the following acts is guilty of an infraction, and
23upon conviction thereof shall be punished by a fine of not less than
24one hundred dollars ($100) and not more than two hundred fifty
25dollars ($250) for a first offense, not less than two hundred fifty
26dollars ($250) and not more than five hundred dollars ($500) for
27a second offense, and not less than five hundred dollars ($500)
28and not more than one thousand dollars ($1,000) for a third or
29subsequent offense, which penalty shall not be suspended:

30(1) Forges, counterfeits, or falsifies a Clean Air Sticker or a
31comparable clean air sticker relating to high-occupancy vehicle
32lane privileges provided for by a foreign jurisdiction, or forges,
33counterfeits, or falsifies a Clean Air Sticker with intent to represent
34it as issued by the department.

35(2) Passes, or attempts to pass, as true and genuine, a false,
36forged, or counterfeit Clean Air Sticker knowing it to be false,
37forged, or counterfeited.

38(3) Acquires, possesses, sells, or offers for sale a counterfeit
39Clean Air Sticker.

P19   1(4) Acquires, possesses, sells, or offers for sale a genuine Clean
2Air Sticker separate from the vehicle for which the department
3issued that sticker.

4(f) As used in this section, “Clean Air Sticker” means a label
5or decal issued pursuant to Sections 5205.5 and 21655.9.

6(g) This section shall become operative January 1,begin delete 2018.end deletebegin insert 2019.end insert

7

SEC. 11.  

Section 4763 of the Vehicle Code is amended to read:

8

4763.  

(a) The department shall assess a fee for the recording
9of the notice of delinquent parking violation, which is given to the
10department by a processing agency pursuant to Section 40220, in
11an amount, as determined by the department, that is sufficient to
12provide a total amount equal to its actual costs of administering
13Sections 4760, 4761, 4762, 4764, and 4765.

14(b) This section shall remain in effect only until January 1,begin delete 2017,end delete
15begin insert 2018,end insert and as of that date is repealed, unless a later enacted statute,
16that is enacted before January 1,begin delete 2017,end deletebegin insert 2018,end insert deletes or extends
17that date.

18

SEC. 12.  

Section 4763 is added to the Vehicle Code, to read:

19

4763.  

(a) The department shall assess a fee for the recording
20of the notice of delinquent parking violation, which is given to the
21department by a processing agency pursuant to Section 40220, in
22an amount, as determined by the department, that is sufficient to
23provide a total amount equal to its actual costs of administering
24Sections 4760, 4761, 4762, 4764, and 4765, and administering the
25system described in Section 4456.2.

26(b) This section shall become operative January 1,begin delete 2017.end deletebegin insert 2018.end insert

27

SEC. 13.  

Section 4773 of the Vehicle Code is amended to read:

28

4773.  

(a) The department shall assess a fee for the recording
29of the notice of delinquent toll evasion violation, which is given
30to the department by a processing agency pursuant to Section
3140267, in an amount, as determined by the department, that is
32sufficient to provide a total amount equal to at least its actual costs
33of administering Sections 4770, 4771, 4774, and 4775.

34(b) This section shall remain in effect only until January 1,begin delete 2017,end delete
35begin insert 2018,end insert and as of that date is repealed, unless a later enacted statute,
36that is enacted before January 1,begin delete 2017,end deletebegin insert 2018,end insert deletes or extends
37that date.

38

SEC. 14.  

Section 4773 is added to the Vehicle Code, to read:

39

4773.  

(a) The department shall assess a fee for the recording
40of the notice of delinquent toll evasion violation, which is given
P20   1to the department by a processing agency pursuant to Section
240267, in an amount, as determined by the department, that is
3sufficient to provide a total amount equal to at least its actual costs
4of administering Sections 4770, 4771, 4774, and 4775, and
5administering the system described in Section 4456.2.

6(b) This section shall become operative January 1,begin delete 2017.end deletebegin insert 2018.end insert

7

SEC. 15.  

Section 5201 of the Vehicle Code is amended to read:

8

5201.  

(a) License plates shall at all times be securely fastened
9to the vehicle for which they are issued so as to prevent the plates
10from swinging, shall be mounted in a position so as to be clearly
11visible, and so that the characters are upright and display from left
12to right, and shall be maintained in a condition so as to be clearly
13legible. The rear license plate shall be mounted not less than 12
14inches nor more than 60 inches from the ground, and the front
15license plate shall be mounted not more than 60 inches from the
16ground, except as follows:

17(1) The rear license plate on a tow truck or repossessor’s tow
18vehicle may be mounted on the left-hand side of the mast assembly
19at the rear of the cab of the vehicle, not less than 12 inches nor
20more than 90 inches from the ground.

21(2) The rear license plate on a tank vehicle hauling hazardous
22waste, as defined in Section 25117 of the Health and Safety Code,
23or asphalt material may be mounted not less than 12 inches nor
24more than 90 inches from the ground.

25(3) The rear license plate on a truck tractor may be mounted at
26the rear of the cab of the vehicle, but not less than 12 inches nor
27more than 90 inches from the ground.

28(4) The rear license plate of a vehicle designed by the
29manufacturer for the collection and transportation of garbage,
30rubbish, or refuse that is used regularly for the collection and
31transportation of that material by a person or governmental entity
32employed to collect, transport, and dispose of garbage, rubbish,
33or refuse may be mounted not less than 12 inches nor more than
3490 inches from the ground.

35(5) The rear license plate on a two-axle livestock trailer may be
36mounted 12 inches or more, but not more than 90 inches, from the
37ground.

38(6) (A) The rear license plate on a dump bed motortruck
39equipped with a trailing, load bearing swing axle shall be mounted
P21   1more than 12 inches, but not more than 107 inches, from the
2ground.

3(B) As used in this section, a trailing, load bearing swing axle
4is an axle which can be moved from a raised position to a position
5behind the vehicle that allows for the transfer of a portion of the
6 weight of the vehicle and load to the trailing axle.

7(b) A covering shall not be used on license plates except as
8follows:

9(1) The installation of a cover over a lawfully parked vehicle
10to protect it from the weather and the elements does not constitute
11a violation of this subdivision. A peace officer or other regularly
12salaried employee of a public agency designated to enforce laws,
13including local ordinances, relating to the parking of vehicles may
14temporarily remove so much of the cover as is necessary to inspect
15any license plate, tab, or indicia of registration on a vehicle.

16(2) The installation of a license plate security cover is not a
17violation of this subdivision if the device does not obstruct or
18impair the recognition of the license plate information, including,
19but not limited to, the issuing state, license plate number, and
20registration tabs, and the cover is limited to the area directly over
21the top of the registration tabs. No portion of a license plate security
22cover shall rest over the license plate number.

23(c) A casing, shield, frame, border, product, or other device that
24obstructs or impairs the reading or recognition of a license plate
25by an electronic device operated by state or local law enforcement,
26an electronic device operated in connection with a toll road,
27high-occupancy toll lane, toll bridge, or other toll facility, or a
28remote emission sensing device, as specified in Sections 44081
29and 44081.6 of the Health and Safety Code, shall not be installed
30on, or affixed to, a vehicle.

31(d) (1) It is the intent of the Legislature that an accommodation
32be made to persons with disabilities and to those persons who
33regularly transport persons with disabilities, to allow the removal
34and relocation of wheelchair lifts and wheelchair carriers without
35the necessity of removing and reattaching the vehicle’s rear license
36plate. Therefore, it is not a violation of this section if the reading
37or recognition of a rear license plate is obstructed or impaired by
38a wheelchair lift or wheelchair carrier and all of the following
39requirements are met:

P22   1(A) The owner of the vehicle has been issued a special
2identification license plate pursuant to Section 5007, or the person
3using the wheelchair that is carried on the vehicle has been issued
4a distinguishing placard under Section 22511.55.

5(B) (i) The operator of the vehicle displays a decal, designed
6and issued by the department, that contains the license plate number
7assigned to the vehicle transporting the wheelchair.

8(ii) The decal is displayed on the rear window of the vehicle,
9in a location determined by the department, in consultation with
10the Department of the California Highway Patrol, so as to be clearly
11visible to law enforcement.

12(2) Notwithstanding any other law, if a decal is displayed
13pursuant to this subdivision, the requirements of this code that
14require the illumination of the license plate and the license plate
15number do not apply.

16(3) The department shall adopt regulations governing the
17procedures for accepting and approving applications for decals,
18and issuing decals, authorized by this subdivision.

19(4) This subdivision does not apply to a front license plate.

20(e) This section shall remain in effect only until January 1,begin delete 2018,end delete
21begin insert 2019,end insert and as of that date is repealed, unless a later enacted statute,
22that is enacted before January 1,begin delete 2018,end deletebegin insert 2019,end insert deletes or extends
23that date.

24

SEC. 16.  

Section 5201 is added to the Vehicle Code, to read:

25

5201.  

(a) License plates, including temporary license plates,
26shall at all times be securely fastened to the vehicle for which they
27are issued so as to prevent the plates from swinging, shall be
28mounted in a position so as to be clearly visible, and so that the
29characters are upright and display from left to right, and shall be
30maintained in a condition so as to be clearly legible. The rear
31license plate shall be mounted not less than 12 inches nor more
32than 60 inches from the ground, and the front license plate shall
33be mounted not more than 60 inches from the ground, except as
34follows:

35(1) The rear license plate on a tow truck or repossessor’s tow
36vehicle may be mounted on the left-hand side of the mast assembly
37at the rear of the cab of the vehicle, not less than 12 inches nor
38more than 90 inches from the ground.

39(2) The rear license plate on a tank vehicle hauling hazardous
40waste, as defined in Section 25117 of the Health and Safety Code,
P23   1or asphalt material may be mounted not less than 12 inches nor
2more than 90 inches from the ground.

3(3) The rear license plate on a truck tractor may be mounted at
4the rear of the cab of the vehicle, but not less than 12 inches nor
5more than 90 inches from the ground.

6(4) The rear license plate of a vehicle designed by the
7manufacturer for the collection and transportation of garbage,
8rubbish, or refuse that is used regularly for the collection and
9transportation of that material by a person or governmental entity
10employed to collect, transport, and dispose of garbage, rubbish,
11or refuse may be mounted not less than 12 inches nor more than
1290 inches from the ground.

13(5) The rear license plate on a two-axle livestock trailer may be
14mounted 12 inches or more, but not more than 90 inches, from the
15ground.

16(6) (A) The rear license plate on a dump bed motortruck
17equipped with a trailing, load bearing swing axle shall be mounted
18more than 12 inches, but not more than 107 inches, from the
19ground.

20(B) As used in this section, a trailing, load bearing swing axle
21is an axle which can be moved from a raised position to a position
22behind the vehicle that allows for the transfer of a portion of the
23weight of the vehicle and load to the trailing axle.

24(b) Temporary license plates shall be replaced with permanent
25license plates upon receipt of the permanent license plates, and
26the temporary license plates shall be destroyed at that time.

27(c) A covering shall not be used on license plates except as
28follows:

29(1) The installation of a cover over a lawfully parked vehicle
30to protect it from the weather and the elements does not constitute
31a violation of this subdivision. A peace officer or other regularly
32salaried employee of a public agency designated to enforce laws,
33including local ordinances, relating to the parking of vehicles may
34temporarily remove so much of the cover as is necessary to inspect
35any license plate, tab, or indicia of registration on a vehicle.

36(2) The installation of a license plate security cover is not a
37violation of this subdivision if the device does not obstruct or
38impair the recognition of the license plate information, including,
39but not limited to, the issuing state, license plate number, and
40registration tabs, and the cover is limited to the area directly over
P24   1the top of the registration tabs. No portion of a license plate security
2cover shall rest over the license plate number.

3(d) A casing, shield, frame, border, product, or other device that
4obstructs or impairs the reading or recognition of a license plate
5by an electronic device operated by state or local law enforcement,
6an electronic device operated in connection with a toll road,
7high-occupancy toll lane, toll bridge, or other toll facility, or a
8remote emission sensing device, as specified in Sections 44081
9and 44081.6 of the Health and Safety Code, shall not be installed
10on, or affixed to, a vehicle.

11(e) (1) It is the intent of the Legislature that an accommodation
12be made to persons with disabilities and to those persons who
13regularly transport persons with disabilities, to allow the removal
14and relocation of wheelchair lifts and wheelchair carriers without
15the necessity of removing and reattaching the vehicle’s rear license
16plate. Therefore, it is not a violation of this section if the reading
17or recognition of a rear license plate is obstructed or impaired by
18a wheelchair lift or wheelchair carrier and all of the following
19requirements are met:

20(A) The owner of the vehicle has been issued a special
21identification license plate pursuant to Section 5007, or the person
22using the wheelchair that is carried on the vehicle has been issued
23a distinguishing placard under Section 22511.55.

24(B) (i) The operator of the vehicle displays a decal, designed
25and issued by the department, that contains the license plate number
26assigned to the vehicle transporting the wheelchair.

27(ii) The decal is displayed on the rear window of the vehicle,
28in a location determined by the department, in consultation with
29the Department of the California Highway Patrol, so as to be clearly
30visible to law enforcement.

31(2) Notwithstanding any other law, if a decal is displayed
32pursuant to this subdivision, the requirements of this code that
33require the illumination of the license plate and the license plate
34number do not apply.

35(3) The department shall adopt regulations governing the
36procedures for accepting and approving applications for decals,
37and issuing decals, authorized by this subdivision.

38(4) This subdivision does not apply to a front license plate.

39(f) This section shall become operative January 1,begin delete 2018.end deletebegin insert 2019.end insert

40

SEC. 17.  

Section 5202 of the Vehicle Code is amended to read:

P25   1

5202.  

(a) A license plate issued by this state or any other
2jurisdiction within or without the United States shall be attached
3upon receipt and remain attached during the period of its validity
4to the vehicle for which it is issued while being operated within
5this state or during the time the vehicle is being held for sale in
6this state, or until the time that a vehicle with special or
7identification plates is no longer entitled to those plates; and a
8person shall not operate, and an owner shall not knowingly permit
9to be operated, upon any highway, a vehicle unless the license
10plate is so attached. A special permit issued in lieu of plates shall
11be attached and displayed on the vehicle for which the permit was
12issued during the period of the permit’s validity.

13(b) This section shall remain in effect only until January 1,begin delete 2018,end delete
14begin insert 2019,end insert and as of that date is repealed, unless a later enacted statute,
15that is enacted before January 1,begin delete 2018,end deletebegin insert 2019,end insert deletes or extends
16that date.

17

SEC. 18.  

Section 5202 is added to the Vehicle Code, to read:

18

5202.  

(a) A license plate issued by this state or any other
19jurisdiction within or without the United States shall be attached
20upon receipt and remain attached during the period of its validity
21to the vehicle for which it is issued while being operated within
22this state or during the time the vehicle is being held for sale in
23this state, or until the time that a vehicle with special or
24identification plates is no longer entitled to those plates; and a
25person shall not operate, and an owner shall not knowingly permit
26to be operated, upon any highway, a vehicle unless the license
27plate is so attached. A special permit or temporary license plate
28issued in lieu of permanent license plates shall be attached and
29displayed on the vehicle for which the permit or temporary license
30plate was issued until the temporary license plate or the special
31 permit expires, or the permanent license plates are received,
32whichever occurs first.

33(b) This section shall become operative January 1,begin delete 2018.end deletebegin insert 2019.end insert

34

SEC. 19.  

Section 5901 of the Vehicle Code is amended to read:

35

5901.  

(a) Every dealer or lessor-retailer, upon transferring by
36sale, lease, or otherwise any vehicle, whether new or used, of a
37type subject to registration under this code, shall, not later than
38the end of the fifth calendar day thereafter not counting the day of
39sale, give written notice of the transfer to the department at its
40headquarters upon an appropriate form provided by it.

P26   1(b) Except as otherwise provided in this subdivision or in
2subdivision (c), the dealer or lessor-retailer shall enter on the form
3and pursuant to Section 32705(a) of Title 49 of the United States
4Code, on the ownership certificate, the actual mileage of the vehicle
5as indicated by the vehicle’s odometer at the time of the transfer.
6However, if the vehicle dealer or lessor-retailer has knowledge
7that the mileage displayed on the odometer is incorrect, the licensee
8shall indicate on the form on which the mileage is entered that the
9mileage registered by the odometer is incorrect. A vehicle dealer
10or lessor-retailer need not give the notice when selling or
11transferring a new unregistered vehicle to a dealer or lessor-retailer.

12(c) When the dealer or lessor-retailer is not in possession of the
13vehicle that is sold or transferred, the person in physical possession
14of the vehicle shall give the information required by subdivision
15(b).

16(d) A sale is deemed completed and consummated when the
17purchaser of the vehicle has paid the purchase price, or, in lieu
18thereof, has signed a purchase contract or security agreement, and
19has taken physical possession or delivery of the vehicle.

20(e) This section shall remain in effect only until January 1,begin delete 2018,end delete
21begin insert 2019,end insert and as of that date is repealed, unless a later enacted statute,
22that is enacted before January 1,begin delete 2018,end deletebegin insert 2019,end insert deletes or extends
23that date.

24

SEC. 20.  

Section 5901 is added to the Vehicle Code, to read:

25

5901.  

(a) Every dealer or lessor-retailer, upon transferring by
26sale, lease, or otherwise any vehicle, whether new or used, of a
27type subject to registration under this code, shall, not later than
28the end of the fifth calendar day thereafter not counting the day of
29sale, give notice of the transfer to the department electronically in
30a manner approved by the department.

31(b) Except as otherwise provided in this subdivision or in
32subdivision (c), the dealer or lessor-retailer shall enter on the form
33and pursuant to Section 32705(a) of Title 49 of the United States
34Code, on the ownership certificate, the actual mileage of the vehicle
35as indicated by the vehicle’s odometer at the time of the transfer.
36However, if the vehicle dealer or lessor-retailer has knowledge
37that the mileage displayed on the odometer is incorrect, the licensee
38shall indicate on the form on which the mileage is entered that the
39mileage registered by the odometer is incorrect. A vehicle dealer
P27   1or lessor-retailer need not give the notice when selling or
2transferring a new unregistered vehicle to a dealer or lessor-retailer.

3(c) When the dealer or lessor-retailer is not in possession of the
4vehicle that is sold or transferred, the person in physical possession
5of the vehicle shall give the information required by subdivision
6(b).

7(d) A sale is deemed completed and consummated when the
8purchaser of the vehicle has paid the purchase price, or, in lieu
9thereof, has signed a purchase contract or security agreement, and
10has taken physical possession or delivery of the vehicle.

11(e) This section shall become operative January 1,begin delete 2018.end deletebegin insert 2019.end insert

12

SEC. 21.  

Section 6100 of the Vehicle Code is amended to read:

13

6100.  

(a) A dealer who conducts a wholesale motor vehicle
14auction and who uses the form prescribed in subdivision (b) of
15Section 4456 shall include the phrase “SOLD THROUGH [name
16of dealer conducting the auction]” and the date of the auction on
17the certificate of title of every vehicle sold, in a manner prescribed
18by the department.

19(b) This section shall remain in effect only until January 1,begin delete 2018,end delete
20begin insert 2019,end insert and as of that date is repealed, unless a later enacted statute,
21that is enacted before January 1,begin delete 2018,end deletebegin insert 2019,end insert deletes or extends
22that date.

23

SEC. 22.  

Section 6100 is added to the Vehicle Code, to read:

24

6100.  

(a) A dealer who conducts a wholesale motor vehicle
25auction and reports the sale of the vehicle in the manner prescribed
26in subdivision (b) of Section 4456 shall include the phrase “SOLD
27THROUGH [name of dealer conducting the auction]” and the date
28of the auction on the certificate of title of every vehicle sold, in a
29manner prescribed by the department.

30(b) This section shall become operative January 1,begin delete 2018.end deletebegin insert 2019.end insert

31

SEC. 23.  

Section 11714 of the Vehicle Code is amended to
32read:

33

11714.  

(a) The department, upon granting a license, shall issue
34to the applicant a license containing the applicant’s name and
35address and the general distinguishing number assigned to the
36applicant.

37(b) A dealer shall not sell any vehicle at retail at a location that
38is not posted pursuant to Section 11709.

39(c) A dealer who is authorized by the department to sell motor
40vehicles only at wholesale shall not sell any vehicle at retail and
P28   1shall report every sale to the department on the wholesale report
2of sale form prescribed by the department.

3(d) When the department has issued a license pursuant to
4 subdivision (a), the licensee may apply for and the department
5shall issue special plates which shall have displayed thereon the
6general distinguishing number assigned to the applicant. Each plate
7so issued shall also contain a number or symbol identifying the
8plate from every other plate bearing a like general distinguishing
9number.

10(e) The department shall also furnish books and forms as it may
11determine necessary. Those books and forms are and shall remain
12the property of the department and may be taken up at any time
13for inspection.

14(f) This section shall remain in effect only until January 1,begin delete 2018,end delete
15begin insert 2019,end insert and as of that date is repealed, unless a later enacted statute,
16that is enacted before January 1,begin delete 2018,end deletebegin insert 2019,end insert deletes or extends
17that date.

18

SEC. 24.  

Section 11714 is added to the Vehicle Code, to read:

19

11714.  

(a) The department, upon granting a license, shall issue
20to the applicant a license containing the applicant’s name and
21address and the general distinguishing number assigned to the
22applicant.

23(b) A dealer shall not sell any vehicle at retail at a location that
24is not posted pursuant to Section 11709.

25(c) A dealer who is authorized by the department to sell motor
26vehicles only at wholesale shall not sell any vehicle at retail and
27shall report every sale to the department as prescribed in
28subdivision (b) of Section 4456.

29(d) When the department has issued a license pursuant to
30subdivision (a), the licensee may apply for and the department
31shall issue special plates which shall have displayed thereon the
32general distinguishing number assigned to the applicant. Each plate
33so issued shall also contain a number or symbol identifying the
34plate from every other plate bearing a like general distinguishing
35number.

36(e) The department shall also furnish books and forms as it may
37determine necessary. Those books and forms are and shall remain
38the property of the department and may be taken up at any time
39for inspection.

40(f) This section shall become operative January 1,begin delete 2018.end deletebegin insert 2019.end insert

P29   1

SEC. 25.  

Section 38080 of the Vehicle Code is amended to
2read:

3

38080.  

(a) The department may authorize, under Section 4456,
4dealers licensed under Article 1 (commencing with Section 11700)
5of Chapter 4 of Division 5 to use numbered copies of the
6report-of-sale form and corresponding temporary identification
7devices upon off-highway motor vehicles subject to identification
8that they sell.

9(b) Off-highway motor vehicles subject to identification that
10are purchased from dealers not required to be licensed under Article
111 (commencing with Section 11700) of Chapter 4 of Division 5,
12or that are specially constructed by the owner or owners, may be
13operated off-highway, as provided by this division, without an
14identification plate or device or identification certificate, provided
15a receipt or other suitable device issued by the department is
16displayed upon the vehicle evidencing an application has been
17made and appropriate fees paid pursuant to this division, until the
18identification plate or device and identification certificate are
19received from the department.

20(c) This section shall remain in effect only until January 1,begin delete 2018,end delete
21begin insert 2019,end insert and as of that date is repealed, unless a later enacted statute,
22that is enacted before January 1,begin delete 2018,end deletebegin insert 2019,end insert deletes or extends
23that date.

24

SEC. 26.  

Section 38080 is added to the Vehicle Code, to read:

25

38080.  

(a) The department may authorize, under Section 4456,
26dealers licensed under Article 1 (commencing with Section 11700)
27of Chapter 4 of Division 5 to use the process described in Section
284456 and corresponding temporary identification devices upon
29off-highway motor vehicles subject to identification that they sell.

30(b) Off-highway motor vehicles subject to identification that
31are purchased from dealers not required to be licensed under Article
321 (commencing with Section 11700) of Chapter 4 of Division 5,
33or that are specially constructed by the owner or owners, may be
34operated off-highway, as provided by this division, without an
35identification plate or device or identification certificate, provided
36a receipt or other suitable device issued by the department is
37displayed upon the vehicle evidencing an application has been
38made and appropriate fees paid pursuant to this division, until the
39identification plate or device and identification certificate are
40received from the department.

P30   1(c) This section shall become operative January 1,begin delete 2018.end deletebegin insert 2019.end insert

2

SEC. 27.  

No reimbursement is required by this act pursuant to
3Section 6 of Article XIII B of the California Constitution because
4the only costs that may be incurred by a local agency or school
5district will be incurred because this act creates a new crime or
6infraction, eliminates a crime or infraction, or changes the penalty
7for a crime or infraction, within the meaning of Section 17556 of
8the Government Code, or changes the definition of a crime within
9the meaning of Section 6 of Article XIII B of the California
10Constitution.



O

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