AB 1864, as introduced, Daly. Registration of vehicles and certificates of title.
Existing law allows a vehicle displaying a copy of the report of sale to be operated without license plates or registration card until either the license plates and registration card are received by the purchaser, or the expiration of a 90-day period beginning with the date of sale of the vehicle, whichever occurs first. A violation of this provision is an infraction.
This bill would instead allow a vehicle to be operated without license plates or registration card until either the license plates and registration card are received by the purchaser, or the expiration of a 75-day period beginning with the date of sale of the vehicle, whichever occurs first.
By expanding the definition of a crime, this 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:
Section 4456 of the Vehicle Code is amended to
2read:
(a) When selling a vehicle, dealers and lessor-retailers
4shall use numbered report-of-sale forms issued by the department.
5The forms shall be used in accordance with the following terms
6and conditions:
7(1) The dealer or lessor-retailer shall attach for display a copy
8of the report of sale on the vehicle before the vehicle is delivered
9to the purchaser.
10(2) The dealer or lessor-retailer shall submit to the department
11an application accompanied by all fees and penalties due for
12registration or transfer of registration of the vehicle within 30 days
13from the date of sale, as provided in subdivision (c) of Section
149553, if the vehicle is a used vehicle, and 20 days if the vehicle is
15a new vehicle. Penalties
due for noncompliance with this paragraph
16shall be paid by the dealer or lessor-retailer. The dealer or
17lessor-retailer shall not charge the purchaser for the penalties.
18(3) As part of an application to transfer registration of a used
19vehicle, the dealer or lessor-retailer shall include all of the
20following information on the certificate of title, application for a
21duplicate certificate of title, or form prescribed by the department:
22(A) Date of sale and report of sale number.
23(B) Purchaser’s name and address.
24(C) Dealer’s name, address, number, and signature or signature
25of authorized agent.
26(D) Salesperson number.
27(4) If
the department returns an application and the application
28was first received by the department within 30 days of the date of
29sale of the vehicle if the vehicle is a used vehicle, and 20 days if
30the vehicle is a new vehicle, the dealer or lessor-retailer shall
31submit a corrected application to the department within 50 days
32from the date of sale of the vehicle if the vehicle is a used vehicle,
33and 40 days if the vehicle is a new vehicle, or within 30 days from
34the date that the application is first returned by the department if
35the vehicle is a used vehicle, and 20 days if the vehicle is a new
36vehicle, whichever is later.
37(5) If the department returns an application and the application
38was first received by the department more than 30 days from the
P3 1date of sale of the vehicle if the vehicle is a used vehicle, and 20
2days if the vehicle is a new vehicle, the dealer or lessor-retailer
3shall submit a corrected application to the department within 50
4
days from the date of sale of the vehicle if the vehicle is a used
5vehicle, and 40 days if the vehicle is a new vehicle.
6(6) An application first received by the department more than
750 days from the date of sale of the vehicle if the vehicle is a used
8vehicle, and 40 days if the vehicle is a new vehicle, is subject to
9the penalties specified in subdivisions (a) and (b) of Section 4456.1.
10(7) The dealer or lessor-retailer shall report the sale pursuant to
11Section 5901.
12(b) (1) A transfer that takes place through a dealer conducting
13a wholesale vehicle auction shall be reported to the department by
14that dealer on a single form approved by the department. The
15completed form shall contain, at a minimum, all of the following
16information:
17(A) The name and address of the seller.
18(B) The seller’s dealer number, if applicable.
19(C) The date of delivery to the dealer conducting the auction.
20(D) The actual mileage of the vehicle as indicated by the
21vehicle’s odometer at the time of delivery to the dealer conducting
22the auction.
23(E) The name, address, and occupational license number of the
24dealer conducting the auction.
25(F) The name, address, and occupational license number of the
26buyer.
27(G) The signature of the dealer conducting the auction.
28(2) Submission of the completed form specified
in paragraph
29(1) to the department shall fully satisfy the requirements of
30subdivision (a) and subdivision (a) of Section 5901 with respect
31to the dealer selling at auction and the dealer conducting the
32auction.
33(3) The single form required by this subdivision does not relieve
34a dealer of any obligation or responsibility that is required by any
35other provision of law.
36(c) A vehicle displaying a copy of the report of sale may be
37operated without license plates or registration card until either of
38the following, whichever occurs first:
39(1) The license plates and registration card are received by the
40purchaser.
P4 1(2) Abegin delete 90-dayend deletebegin insert
75-dayend insert period, commencing with the date of sale
2of the vehicle, has expired.
3(d) This section shall become operative on July 1, 2012.
No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6the only costs that may be incurred by a local agency or school
7district will be incurred because this act creates a new crime or
8infraction, eliminates a crime or infraction, or changes the penalty
9for a crime or infraction, within the meaning of Section 17556 of
10the Government Code, or changes the definition of a crime within
11the meaning of Section 6 of Article XIII B of the California
12Constitution.
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