4450. The department upon registering a vehicle shall issue a
certificate of ownership to the legal owner and a registration card
to the owner, or both to the owner if there is no legal owner of the
vehicle.
4450.5. (a) On or before January 1, 2012, the director shall
develop an Electronic Lien and Title (ELT) Program, in consultation
with lienholders, licensed dealers, and other stakeholders, to
require that all lienholders' title information be held in an
electronic format, if the department determines that the program is
cost effective compared to the current paper title and registration
system.
(b) The director may establish an auto loan business volume
threshold below which a lienholder is not required to participate in
the program developed pursuant to subdivision (a).
4451. The certificate of ownership shall contain all of the
following:
(a) Not less than the information required upon the face of the
registration card.
(b) Provision for notice to the department of a transfer of the
title or interest of the owner or legal owner.
(c) Provision for application for transfer of registration by the
transferee.
(d) Provision for an odometer disclosure statement pursuant to
subsection (a) of Section 32705 of Title 49 of the United States
Code.
4452. The department may issue a certificate of ownership to the
legal owner of a vehicle without requiring registration, and may
issue a facsimile copy of the certificate to the owner if there is no
legal owner, the application is submitted in proper form, and one of
the following conditions exist:
(a) The vehicle is registered pursuant to Section 5014.1.
(b) A certification has been filed with the department, pursuant
to subdivision (a) of Section 4604, that the vehicle has not been
driven, moved, or left standing upon any highway so as to require
payment of fees and that the owner will not thereafter permit that
operation or movement of the vehicle or leave the vehicle standing on
any highway without surrendering, or arranging to surrender, the
certificate of ownership to the department and without first making
an application for the regular registration of the vehicle and full
payment of all fees required to be paid under this code and Part 5
(commencing with Section 10701) of Division 2 of the Revenue and
Taxation Code.
4453. (a) The registration card shall contain upon its face, the
date issued, the name and residence or business address or mailing
address of the owner and of the legal owner, if any, the registration
number assigned to the vehicle, and a description of the vehicle as
complete as that required in the application for registration of the
vehicle.
(b) The following motor vehicles shall be identified as such on
the face of the registration card whenever the department is able to
ascertain that fact at the time application is made for initial
registration or transfer of ownership of the vehicle:
(1) A motor vehicle rebuilt and restored to operation that was
previously declared to be a total loss salvage vehicle because the
cost of repairs exceeds the retail value of the vehicle.
(2) A motor vehicle rebuilt and restored to operation that was
previously reported to be dismantled pursuant to Section 11520.
(3) A motor vehicle previously registered to a law enforcement
agency and operated in law enforcement work.
(4) A motor vehicle formerly operated as a taxicab.
(5) A motor vehicle manufactured outside of the United States and
not intended by the manufacturer for sale in the United States.
(6) A park trailer, as described in Section 18009.3 of the Health
and Safety Code, that when moved upon the highway is required to be
moved under a permit pursuant to Section 35780.
(7) A motor vehicle that has been reacquired under circumstances
described in subdivision (c) of Section 1793.23 of the Civil Code, a
vehicle with out-of-state titling documents reflecting a warranty
return, or a vehicle that has been identified by an agency of another
state as requiring a warranty return title notation, pursuant to the
laws of that state. The notation made on the face of the
registration and pursuant to this subdivision shall state "Lemon Law
Buyback."
(c) The director may modify the form, arrangement, and information
appearing on the face of the registration card and may provide for
standardization and abbreviation of fictitious or firm names on the
registration card whenever the director finds that the efficiency of
the department will be promoted by so doing.
4453.2. In addition to the information required under Section 4453,
the registration card of every farm labor vehicle shall contain the
words, "Farm Labor Vehicle," in conjunction with the vehicle
identification information.
4453.5. (a) In the case of leased vehicles, the lessor and the
lessee shall be shown on the registration card as the owner and the
lessee of a vehicle, and the department shall designate their
relationships upon the card and the ownership certificate by the
words "lessor" and "lessee" and, at the election of the lessor, the
department may designate thereon either the address of the lessor or
the lessee.
(b) Transfers of ownership involving vehicles registered as
provided in subdivision (a) shall only be effected upon the signature
release of the lessor.
(c) The lessor shall provide the address, or the name and address,
of the lessee on a form prescribed by the department in all cases
where the information is not on the registration card and ownership
certificate. Information received under this subdivision shall be
used only for law enforcement and shall be available only to law
enforcement officials at their request.
(d) A lessor, upon written request of the lessee or, if designated
in writing, the lessee's designee, shall disclose any pertinent
information regarding the amount of payment and the documents
necessary to exercise any option held by the lessee to purchase the
leased vehicle.
4453.6. On request of any member of the California Highway Patrol,
any regularly employed and salaried police officer or deputy sheriff,
or any reserve police officer or reserve deputy sheriff listed in
Section 830.6 of the Penal Code, or any employee or officer of the
department specified in Section 1655, who is conducting an
investigation of a public offense, the lessor of a vehicle shall
furnish the name and address of the lessee of a vehicle if that
information does not appear on the registration card.
4454. (a) Every owner, upon receipt of a registration card, shall
maintain the same or a facsimile copy thereof with the vehicle for
which issued.
(b) This section does not apply when a registration card is
necessarily removed from the vehicle for the purpose of application
for renewal or transfer of registration, or when the vehicle is left
unattended.
(c) Any violation of this section shall be cited in accordance
with the provisions of Section 40610.
4455. Any permit issued under Section 4004 shall be carried in the
vehicle for which issued at all times while it is being operated in
this State.
4456. (a) When selling a vehicle, dealers and lessor-retailers
shall use numbered report-of-sale forms issued by the department. The
forms shall be used in accordance with the following terms and
conditions:
(1) The dealer or lessor-retailer shall attach for display a copy
of the report of sale on the vehicle before the vehicle is delivered
to the purchaser.
(2) The dealer or lessor-retailer shall submit to the department
an application accompanied by all fees and penalties due for
registration or transfer of registration of the vehicle within 30
days from the date of sale, as provided in subdivision (c) of Section
9553, if the vehicle is a used vehicle, and 20 days if the vehicle
is a new vehicle. Penalties due for noncompliance with this paragraph
shall be paid by the dealer or lessor-retailer. The dealer or
lessor-retailer may not charge the purchaser for the penalties.
(3) As part of an application to transfer registration of a used
vehicle, the dealer or lessor-retailer shall include all of the
following information on the certificate of title, application for a
duplicate certificate of title, or form prescribed by the department:
(A) Date of sale and report of sale number.
(B) Purchaser's name and address.
(C) Dealer's name, address, number, and signature or signature of
authorized agent.
(D) Salesperson number.
(4) If the department returns an application and the application
was first received by the department within 30 days of the date of
sale of the vehicle if the vehicle is a used vehicle, and 20 days if
the vehicle is a new vehicle, the dealer or lessor-retailer shall
submit a corrected application to the department within 50 days from
the date of sale of the vehicle if the vehicle is a used vehicle, and
40 days if the vehicle is a new vehicle, or within 30 days from the
date that the application is first returned by the department if the
vehicle is a used vehicle, and 20 days if the vehicle is a new
vehicle, whichever is later.
(5) If the department returns an application and the application
was first received by the department more than 30 days from the date
of sale of the vehicle if the vehicle is a used vehicle, and 20 days
if the vehicle is a new vehicle, the dealer or lessor-retailer shall
submit a corrected application to the department within 50 days from
the date of sale of the vehicle if the vehicle is a used vehicle, and
40 days if the vehicle is a new vehicle.
(6) An application first received by the department more than 50
days from the date of sale of the vehicle if the vehicle is a used
vehicle, and 40 days if the vehicle is a new vehicle, is subject to
the penalties specified in subdivisions (a) and (b) of Section
4456.1.
(7) The dealer or lessor-retailer shall report the sale under
Section 5901.
(b) (1) A transfer that takes place through a dealer conducting a
wholesale vehicle auction shall be reported to the department by that
dealer on a single form approved by the department. The completed
form shall contain, at a minimum, all of the following information:
(A) The name and address of the seller.
(B) The seller's dealer number, if applicable.
(C) The date of delivery to the dealer conducting the auction.
(D) The actual mileage of the vehicle as indicated by the vehicle'
s odometer at the time of delivery to the dealer conducting the
auction.
(E) The name, address, and occupational license number of the
dealer conducting the auction.
(F) The name, address, and occupational license number of the
buyer.
(G) The signature of the dealer conducting the auction.
(2) Submission of the completed form specified in paragraph (1) to
the department shall fully satisfy the requirements of subdivision
(a) and subdivision (a) of Section 5901 with respect to the dealer
selling at auction and the dealer conducting the auction.
(3) The single form required by this subdivision does not relieve
a dealer of any obligation or responsibility that is required by any
other provision of law.
(c) A vehicle displaying a copy of the report of sale may be
operated without license plates or registration card until either of
the following, whichever occurs first:
(1) The license plates and registration card are received by the
purchaser.
(2) A six-month period, commencing with the date of sale of the
vehicle, has expired.
4456.1. (a) A dealer or lessor-retailer who violates paragraph (1),
(2), or (7) of subdivision (a) of Section 4456 shall pay to the
department an administrative service fee of five dollars ($5) for
each violation.
(b) A dealer or lessor-retailer who violates paragraph (4), (5),
or (6) of subdivision (a) of Section 4456 shall pay to the department
an administrative service fee of twenty-five dollars ($25) for each
violation.
(c) Subject to subdivision (d), each violation of Section 4456 is,
in addition to the obligation to pay an administrative service fee,
a separate cause for discipline pursuant to Section 11613 or 11705.
(d) A violation of subdivision (a) of Section 4456 because of a
dealer or lessor-retailer's failure to submit to the department an
application for registration or transfer of registration is a cause
for disciplinary action pursuant to Section 11613 or 11705 only if
the initial application is submitted 50 days or more following the
date of sale of the vehicle if the vehicle is a used vehicle, and 40
days if the vehicle is a new vehicle.
4456.3. (a) The department shall charge a dealer or lessor-retailer
a fee, as established by the director pursuant to subdivision (b),
for each vehicle sold by a dealer or lessor-retailer and reported on
a report-of-sale form issued by the department to a dealer or
lessor-retailer, or for every vehicle sold by a dealer or
lessor-retailer if that licensee does not use a report-of-sale form
issued by the department because the report of the sale is given
electronically or otherwise. The department shall collect the fee and
the fees shall be paid to the Consumer Motor Vehicle Recovery
Corporation as described in Chapter 11 (commencing with Section
12200) of Division 5. The department shall not charge more than a
total of two thousand five hundred dollars ($2,500) in fees under
this section to a dealer licensee within a calendar year.
(b) The director shall establish the fee at one dollar ($1) and
shall collect the fee. The director shall deposit the fees received
in the Motor Vehicle Account. Notwithstanding Section 13340 of the
Government Code, the revenues from the fees deposited in the Motor
Vehicle Account, less an amount that the director determines is equal
to the department's costs related to collecting and processing the
fees, is hereby continuously appropriated to the department for
quarterly payment to the Consumer Motor Vehicle Recovery Corporation
until the Consumer Motor Vehicle Recovery Corporation notifies the
department that the balance in the recovery fund maintained by the
corporation has reached five million dollars ($5,000,000). Within 90
days after being notified by the Consumer Motor Vehicle Recovery
Corporation, the director shall cease collecting the fee. Thereafter,
if the amount in the recovery fund maintained by the corporation is
less than two million dollars ($2,000,000), the Consumer Motor
Vehicle Recovery Corporation shall notify the department of the
amount necessary to return the recovery fund balance to five million
dollars ($5,000,000). Within 90 days of being notified, the director
shall collect the fee and pay the fee revenue required by this
subdivision until the Consumer Motor Vehicle Recovery Corporation
notifies the director that the recovery fund has reached five million
dollars ($5,000,000). Within 90 days of being notified, the director
shall cease collecting the fee.
(c) (1) The Consumer Motor Vehicle Recovery Corporation shall
reimburse the department for all reasonable expenses incurred in
implementing this section.
(2) The Consumer Motor Vehicle Recovery Corporation shall
reimburse the department for all reasonable startup expenses incurred
by the department to comply with this section within 90 days after
the department begins collecting the fees and transmitting them to
the Corporation as provided in this section.
(d) This section shall become operative on July 1, 2008.
4457. If any registration card or license plate is stolen, lost,
mutilated, or illegible, the owner of the vehicle for which the same
was issued, as shown by the records of the department, shall
immediately make application for and may, upon the applicant
furnishing information satisfactory to the department, obtain a
duplicate or a substitute or a new registration under a new
registration number, as determined to be most advisable by the
department. An application for a duplicate registration card is not
required in conjunction with any other application.
4458. If both license plates or a permanent trailer identification
plate are lost or stolen, the registered owner shall immediately
notify a law enforcement agency, and shall immediately apply to the
department for new plates in lieu of the plates stolen or lost. The
department shall in every proper case, except in the case of plates
which are exempt from fees, cause to be issued applicable license
plates of a different number and assign the registration number to
the vehicle for which the plates are issued.
4459. If any certificate of ownership is stolen, lost, mutilated or
illegible, the legal owner or, if none, then the owner of the
vehicle for which the same was issued as shown by the records of the
department shall immediately make application for and may, upon the
applicant furnishing information satisfactory to the department,
obtain a duplicate.
4460. (a) The Department of Motor Vehicles, the Traffic
Adjudication Board, and the Department of the California Highway
Patrol, any regularly employed and salaried police officer or deputy
sheriff or any reserve police officer or reserve deputy sheriff
listed in Section 830.6 of the Penal Code may take possession of any
certificate, card, placard, permit, license, or license plate issued
under this code, upon expiration, revocation, cancellation, or
suspension thereof or which is fictitious or which has been
unlawfully or erroneously issued. Any license plate which is not
attached to the vehicle for which issued, when and in the manner
required under this code, may be seized, and attachment to the proper
vehicle may be made or required.
(b) Any document, placard, or license plate seized shall be
delivered to the Department of Motor Vehicles.
4461. (a) A person shall not lend a certificate of ownership,
registration card, license plate, special plate, validation tab, or
permit issued to him or her if the person desiring to borrow it would
not be entitled to its use, and a person shall not knowingly permit
its use by one not entitled to it.
(b) A person to whom a disabled person placard has been issued
shall not lend the placard to another person, and a disabled person
shall not knowingly permit the use for parking purposes of the
placard or identification license plate issued pursuant to Section
5007 by one not entitled to it. A person to whom a disabled person
placard has been issued may permit another person to use the placard
only while in the presence or reasonable proximity of the disabled
person for the purpose of transporting the disabled person. A
violation of this subdivision is subject to the issuance of a notice
of parking violation imposing a civil penalty of not less than two
hundred fifty dollars ($250) and not more than one thousand dollars
($1,000), for which enforcement shall be governed by the procedures
set forth in Article 3 (commencing with Section 40200) of Chapter 1
of Division 17 or is a misdemeanor punishable by a fine of not less
than two hundred fifty dollars ($250) and not more than one thousand
dollars ($1,000), imprisonment in the county jail for not more than
six months, or both that fine and imprisonment.
(c) Except for the purpose of transporting a disabled person as
specified in subdivision (b), a person shall not display a disabled
person placard that was not issued to him or her or that has been
canceled or revoked pursuant to Section 22511.6. A violation of this
subdivision is subject to the issuance of a notice of parking
violation imposing a civil penalty of not less than two hundred fifty
dollars ($250) and not more than one thousand dollars ($1,000), for
which enforcement shall be governed by the procedures set forth in
Article 3 (commencing with Section 40200) of Chapter 1 of Division 17
or is a misdemeanor punishable by a fine of not less than two
hundred fifty dollars ($250) and not more than one thousand dollars
($1,000), imprisonment in the county jail for not more than six
months, or both that fine and imprisonment.
(d) Notwithstanding subdivisions (a), (b), and (c), a person using
a vehicle displaying a special identification license plate issued
to another pursuant to Section 5007 shall not park in those parking
stalls or spaces designated for disabled persons pursuant to Section
22511.7 or 22511.8, unless transporting a disabled person. A
violation of this subdivision is subject to the issuance of a notice
of parking violation imposing a civil penalty of not less than two
hundred fifty dollars ($250) and not more than one thousand dollars
($1,000), for which enforcement shall be governed by the procedures
set forth in Article 3 (commencing with Section 40200) of Chapter 1
of Division 17 or is a misdemeanor punishable by a fine of not less
than two hundred fifty dollars ($250) and not more than one thousand
dollars ($1,000), imprisonment in the county jail for not more than
six months, or both that fine and imprisonment.
(e) For the purposes of subdivisions (b) and (c), "disabled
person placard" means a placard issued pursuant to Section 22511.55
or 22511.59.
4461.3. In addition to any fine imposed for conviction of a
violation of Section 4461 or 22507.8, a city or county may adopt an
ordinance or resolution to assess an additional penalty of one
hundred dollars ($100). All revenue generated from imposition of the
penalty shall be used specifically for the purpose of improving
enforcement of the provisions of this code relating to disabled
parking spaces and placards within the city or county. Revenue
generated from imposition of the penalty may not be used to supplant
funds used for other general parking enforcement purposes, but may be
used to offset the cost of establishing a new disabled parking
enforcement program.
4461.5. In addition to, or instead of, any fine imposed for
conviction of a violation of subdivision (c) or (d) of Section 4461,
the court may impose a civil penalty of not more than one thousand
five hundred dollars ($1,500) for each conviction.
4462. (a) The driver of a motor vehicle shall present the
registration or identification card or other evidence of registration
of any or all vehicles under his or her immediate control for
examination upon demand of any peace officer.
(b) No person shall display upon a vehicle, nor present to any
peace officer, any registration card, identification card, temporary
receipt, license plate, device issued pursuant to Section 4853, or
permit not issued for that vehicle or not otherwise lawfully used
thereon under this code.
(c) This section shall become operative on January 1, 2001.
4462.5. Every person who commits a violation of subdivision (b) of
Section 4462, with intent to avoid compliance with vehicle
registration requirements of Article 1 (commencing with Section 4000)
of Chapter 1 or Article 1 (commencing with Section 5600) of Chapter
2, is guilty of a misdemeanor.
4463. (a) A person who, with intent to prejudice, damage, or
defraud, commits any of the following acts is guilty of a felony and
upon conviction thereof shall be punished by imprisonment in the
state prison for 16 months or two or three years, or by imprisonment
in a county jail for not more than one year:
(1) Alters, forges, counterfeits, or falsifies a certificate of
ownership, registration card, certificate, license, license plate,
device issued pursuant to Section 4853, special plate, or permit
provided for by this code or a comparable certificate of ownership,
registration card, certificate, license, license plate, device
comparable to that issued pursuant to Section 4853, special plate, or
permit provided for by a foreign jurisdiction, or alters, forges,
counterfeits, or falsifies the document, device, or plate with intent
to represent it as issued by the department, or alters, forges,
counterfeits, or falsifies with fraudulent intent an endorsement of
transfer on a certificate of ownership or other document evidencing
ownership, or with fraudulent intent displays or causes or permits to
be displayed or have in his or her possession a blank, incomplete,
canceled, suspended, revoked, altered, forged, counterfeit, or false
certificate of ownership, registration card, certificate, license,
license plate, device issued pursuant to Section 4853, special plate,
or permit.
(2) Utters, publishes, passes, or attempts to pass, as true and
genuine, a false, altered, forged, or counterfeited matter listed in
paragraph (1) knowing it to be false, altered, forged, or
counterfeited.
(b) A person who, with intent to prejudice, damage, or defraud,
commits any of the following acts is guilty of a misdemeanor, and
upon conviction thereof shall be punished by imprisonment in a county
jail for six months, a fine of not less than five hundred dollars
($500) and not more than one thousand dollars ($1,000), or both that
fine and imprisonment, which penalty shall not be suspended:
(1) Forges, counterfeits, or falsifies a disabled person placard
or a comparable placard relating to parking privileges for disabled
persons provided for by a foreign jurisdiction, or forges,
counterfeits, or falsifies a disabled person placard with intent to
represent it as issued by the department.
(2) Passes, or attempts to pass, as true and genuine, a false,
forged, or counterfeit disabled person placard knowing it to be
false, forged, or counterfeited.
(3) Acquires, possesses, sells, or offers for sale a genuine or
counterfeit disabled person placard.
(c) A person who, with fraudulent intent, displays or causes or
permits to be displayed a forged, counterfeit, or false disabled
person placard, is subject to the issuance of a notice of parking
violation imposing a civil penalty of not less than two hundred fifty
dollars ($250) and not more than one thousand dollars ($1,000), for
which enforcement shall be governed by the procedures set forth in
Article 3 (commencing with Section 40200) of Chapter 1 of Division 17
or is guilty of a misdemeanor punishable by imprisonment in a county
jail for six months, a fine of not less than two hundred fifty
dollars ($250) and not more than one thousand dollars ($1,000), or
both that fine and imprisonment, which penalty shall not be
suspended.
(d) For purposes of subdivision (b) or (c), "disabled person
placard" means a placard issued pursuant to Section 22511.55 or
22511.59.
(e) A person who, with intent to prejudice, damage, or defraud,
commits any of the following acts is guilty of an infraction, and
upon conviction thereof shall be punished by a fine of not less than
one hundred dollars ($100) and not more than two hundred fifty
dollars ($250) for a first offense, not less than two hundred fifty
dollars ($250) and not more than five hundred dollars ($500) for a
second offense, and not less than five hundred dollars ($500) and not
more than one thousand dollars ($1,000) for a third or subsequent
offense, which penalty shall not be suspended:
(1) Forges, counterfeits, or falsifies a Clean Air Sticker or a
comparable clean air sticker relating to high occupancy vehicle lane
privileges provided for by a foreign jurisdiction, or forges,
counterfeits, or falsifies a Clean Air Sticker with intent to
represent it as issued by the department.
(2) Passes, or attempts to pass, as true and genuine, a false,
forged, or counterfeit Clean Air Sticker knowing it to be false,
forged, or counterfeited.
(3) Acquires, possesses, sells, or offers for sale a counterfeit
Clean Air Sticker.
(4) Acquires, possesses, sells, or offers for sale a genuine Clean
Air Sticker separate from the vehicle for which the department
issued that sticker.
(f) As used in this section, "Clean Air Sticker" means a label or
decal issued pursuant to Sections 5205.5 and 21655.9.
4463.3. In addition to, or instead of, any fine imposed for
conviction of a violation of subdivision (b) or (c) of Section 4463,
the court may impose a civil penalty of not more than two thousand
five hundred dollars ($2,500) for each conviction.
4463.5. (a) No person shall manufacture or sell a decorative or
facsimile license plate of a size substantially similar to the
license plate issued by the department.
(b) Notwithstanding subdivision (a), the director may authorize
the manufacture and sale of decorative or facsimile license plates
for special events or media productions.
(c) A violation of this section is a misdemeanor punishable by a
fine of not less than five hundred dollars ($500).
4464. No person shall display upon a vehicle a license plate
altered from its original markings.
4465. (a) A legal owner of record of a vehicle may request, and the
department shall furnish, information regarding the current
registration status of the vehicle, including the license plate
number and address of the registered owner of the vehicle. The
department may charge a fee to pay for the cost of furnishing this
information.
(b) (1) By January 1, 2010, the department shall be in full
compliance with the federal Anti Car Theft Act of 1992 (P.L. 102-519)
and the United States Department of Justice (DOJ) rules governing
the federal National Motor Vehicle Title Information System (NMVTIS)
(49 U.S.C. Sec. 30501 et seq.), to the extent practicable.
(2) Notwithstanding paragraph (1), by January 1, 2010, the
department shall eliminate any restrictions to consumer access to
titling, branding, and theft information provided by the department
to NMVTIS, to ensure that prospective purchasers have instant and
reliable access to California's data.
4466. (a) The department shall not issue a duplicate or substitute
certificate of title or license plate if, after a search of the
records of the department, the registered owner's address, as
submitted on the application, is different from that which appears in
the records of the department, unless the registered owner applies
in person and presents all of the following:
(1) Proof of ownership of the vehicle that is acceptable to the
department. Proof of ownership may be the certificate of title,
registration certificate, or registration renewal notice, or a
facsimile or photocopy of any of those documents, if the facsimile or
photocopy matches the vehicle record of the department.
(2) A driver's license or identification card containing a picture
of the licensee or cardholder issued to the registered owner by the
department pursuant to Chapter 1 (commencing with Section 12500) of
Division 6. The department shall conduct a search of its records to
verify the authenticity of any document submitted under this
paragraph.
(A) If the registered owner is a resident of another state or
country, the registered owner shall present a driver's license or
identification card issued by that state or country. In addition, the
registered owner shall provide photo documentation in the form of a
valid passport, military identification card, identification card
issued by a state or United States government agency, student
identification card issued by a college or university, or
identification card issued by a California-based employer. If a
resident of another state is unable to present the required photo
identification, the department shall verify the authenticity of the
driver's license or identification card by contacting the state that
issued the driver's license or identification card.
(B) If the registered owner is not an individual, the person
submitting the application shall submit the photo identification
required pursuant to this paragraph, as well as documentation
acceptable to the department that demonstrates that the person is
employed by an officer of the registered owner.
(3) If the application is for the purpose of replacing a license
plate that was stolen, a copy of a police report identifying the
plate as stolen.
(4) If the application is for the purpose of replacing a
certificate of title or license plate that was mutilated or
destroyed, the remnants of the mutilated or destroyed document or
plate.
(5) If the department has a record of a prior issuance of a
duplicate or substitute certificate of title or license plate for the
vehicle within the past 90 days, a copy of a report from the
Department of the California Highway Patrol verifying the vehicle
identification number of the vehicle.
(b) Subdivision (a) does not apply if any of the following
applies:
(1) The registered owner's name, address, and driver's license or
identification card number submitted on the application match the
name, address, and driver's license or identification card number
contained in the department's records.
(2) An application for a duplicate or substitute certificate of
title or license plate is submitted by or through one of the
following:
(A) A legal owner, if the legal owner is not the same person as
the registered owner or as the lessee under Section 4453.5.
(B) A dealer or an agent of the dealer.
(C) A dismantler.
(D) An insurer or an agent of the insurer.
(E) A salvage pool.
(c) At the discretion of the department, subdivision (a) does not
apply in any of the following circumstances:
(1) An application for a duplicate or substitute certificate of
title or license plate is submitted by a licensed registration
service representing any of the following:
(A) A person or entity listed in subparagraphs (A) to (E),
inclusive, of paragraph (2) of subdivision (b).
(B) A business entity recognized under the laws of this state or
the laws of any foreign or domestic jurisdiction whose laws are in
parity with the laws of this state.
(C) A court-appointed bankruptcy referee.
(D) A person who is an individual, is not included in
subparagraphs (A) to (C), inclusive, and submits to the licensed
registration service an application with a signature that is
validated by a notary public. The licensed registration service shall
maintain full and complete records of its transactions conducted
pursuant to this subparagraph and shall make those records available
for inspection by an investigator of the Department of Motor
Vehicles, investigator of the Department of the California Highway
Patrol, a city police department, a county sheriff's office, or a
district attorney's office, if the investigator requests access to
the record and the request is for the purpose of a criminal
investigation.
(2) The vehicle is registered under the International Registration
Plan pursuant to Section 8052 or under the Permanent Fleet
Registration program pursuant to Article 9.5 (commencing with Section
5301).
(3) The vehicle is an implement of husbandry, as defined in
Section 36000, or a tow dolly, or has been issued an identification
plate under Section 5014 or 5014.1.
(d) The department shall issue one or more license plates only to
the registered owner or lessee. The department shall issue the
certificate of title only to the legal owner, or if none, then to the
registered owner, as shown on the department's records.
4467. (a) Notwithstanding any other provision of law, the
department shall issue new and different license plates immediately
upon request to the registered owner of a vehicle who appears in
person and submits a completed application, if all of the following
are provided:
(1) Proof of ownership of the vehicle that is acceptable to the
department.
(2) A driver's license or identification card containing a picture
of the licensee or cardholder issued to the registered owner by the
department pursuant to Chapter 1 (commencing with Section 12500) of
Division 6. The department shall conduct a search of its records to
verify the authenticity of any document submitted under this
paragraph.
(3) The previously issued license plates from the vehicle.
(4) The payment of required fees under subdivision (c) of Section
4850 and subdivision (b) of Section 9265 for the issuance of
duplicate license plates.
(5) One of the following:
(A) A copy of a police report, court documentation, or other law
enforcement documentation identifying the registered owner of the
vehicle as the victim of an incident of domestic violence, as
specified in Section 1708.6 of the Civil Code, the subject of
stalking, as specified in Section 1708.7 of the Civil Code or Section
646.9 of the Penal Code, the victim of a rape, as defined in Section
261 or 262 of the Penal Code, or the victim of a sexual battery, as
defined in Section 1708.5 of the Civil Code.
(B) A written acknowledgment, dated within 30 days of submission,
on the letterhead of a domestic violence agency or a rape crisis
center, that the registered owner is actively seeking assistance or
has sought assistance from that agency within the past year.
(C) An active protective order as defined in Section 6218 of the
Family Code, or issued pursuant to Section 527.6 or 527.8 of the Code
of Civil Procedure, which names the registered owner as a protected
party.
(b) Subdivision (a) does not apply to special license plates
issued under Article 8 (commencing with Section 5000) of Chapter 1 of
Division 3, special interest license plates issued under Article 8.4
(commencing with Section 5060) of Chapter 1 of Division 3, or
environmental license plates issued under Article 8.5 (commencing
with Section 5100) of Chapter 1 of Division 3.
4450. The department upon registering a vehicle shall issue a
certificate of ownership to the legal owner and a registration card
to the owner, or both to the owner if there is no legal owner of the
vehicle.
4450.5. (a) On or before January 1, 2012, the director shall
develop an Electronic Lien and Title (ELT) Program, in consultation
with lienholders, licensed dealers, and other stakeholders, to
require that all lienholders' title information be held in an
electronic format, if the department determines that the program is
cost effective compared to the current paper title and registration
system.
(b) The director may establish an auto loan business volume
threshold below which a lienholder is not required to participate in
the program developed pursuant to subdivision (a).
4451. The certificate of ownership shall contain all of the
following:
(a) Not less than the information required upon the face of the
registration card.
(b) Provision for notice to the department of a transfer of the
title or interest of the owner or legal owner.
(c) Provision for application for transfer of registration by the
transferee.
(d) Provision for an odometer disclosure statement pursuant to
subsection (a) of Section 32705 of Title 49 of the United States
Code.
4452. The department may issue a certificate of ownership to the
legal owner of a vehicle without requiring registration, and may
issue a facsimile copy of the certificate to the owner if there is no
legal owner, the application is submitted in proper form, and one of
the following conditions exist:
(a) The vehicle is registered pursuant to Section 5014.1.
(b) A certification has been filed with the department, pursuant
to subdivision (a) of Section 4604, that the vehicle has not been
driven, moved, or left standing upon any highway so as to require
payment of fees and that the owner will not thereafter permit that
operation or movement of the vehicle or leave the vehicle standing on
any highway without surrendering, or arranging to surrender, the
certificate of ownership to the department and without first making
an application for the regular registration of the vehicle and full
payment of all fees required to be paid under this code and Part 5
(commencing with Section 10701) of Division 2 of the Revenue and
Taxation Code.
4453. (a) The registration card shall contain upon its face, the
date issued, the name and residence or business address or mailing
address of the owner and of the legal owner, if any, the registration
number assigned to the vehicle, and a description of the vehicle as
complete as that required in the application for registration of the
vehicle.
(b) The following motor vehicles shall be identified as such on
the face of the registration card whenever the department is able to
ascertain that fact at the time application is made for initial
registration or transfer of ownership of the vehicle:
(1) A motor vehicle rebuilt and restored to operation that was
previously declared to be a total loss salvage vehicle because the
cost of repairs exceeds the retail value of the vehicle.
(2) A motor vehicle rebuilt and restored to operation that was
previously reported to be dismantled pursuant to Section 11520.
(3) A motor vehicle previously registered to a law enforcement
agency and operated in law enforcement work.
(4) A motor vehicle formerly operated as a taxicab.
(5) A motor vehicle manufactured outside of the United States and
not intended by the manufacturer for sale in the United States.
(6) A park trailer, as described in Section 18009.3 of the Health
and Safety Code, that when moved upon the highway is required to be
moved under a permit pursuant to Section 35780.
(7) A motor vehicle that has been reacquired under circumstances
described in subdivision (c) of Section 1793.23 of the Civil Code, a
vehicle with out-of-state titling documents reflecting a warranty
return, or a vehicle that has been identified by an agency of another
state as requiring a warranty return title notation, pursuant to the
laws of that state. The notation made on the face of the
registration and pursuant to this subdivision shall state "Lemon Law
Buyback."
(c) The director may modify the form, arrangement, and information
appearing on the face of the registration card and may provide for
standardization and abbreviation of fictitious or firm names on the
registration card whenever the director finds that the efficiency of
the department will be promoted by so doing.
4453.2. In addition to the information required under Section 4453,
the registration card of every farm labor vehicle shall contain the
words, "Farm Labor Vehicle," in conjunction with the vehicle
identification information.
4453.5. (a) In the case of leased vehicles, the lessor and the
lessee shall be shown on the registration card as the owner and the
lessee of a vehicle, and the department shall designate their
relationships upon the card and the ownership certificate by the
words "lessor" and "lessee" and, at the election of the lessor, the
department may designate thereon either the address of the lessor or
the lessee.
(b) Transfers of ownership involving vehicles registered as
provided in subdivision (a) shall only be effected upon the signature
release of the lessor.
(c) The lessor shall provide the address, or the name and address,
of the lessee on a form prescribed by the department in all cases
where the information is not on the registration card and ownership
certificate. Information received under this subdivision shall be
used only for law enforcement and shall be available only to law
enforcement officials at their request.
(d) A lessor, upon written request of the lessee or, if designated
in writing, the lessee's designee, shall disclose any pertinent
information regarding the amount of payment and the documents
necessary to exercise any option held by the lessee to purchase the
leased vehicle.
4453.6. On request of any member of the California Highway Patrol,
any regularly employed and salaried police officer or deputy sheriff,
or any reserve police officer or reserve deputy sheriff listed in
Section 830.6 of the Penal Code, or any employee or officer of the
department specified in Section 1655, who is conducting an
investigation of a public offense, the lessor of a vehicle shall
furnish the name and address of the lessee of a vehicle if that
information does not appear on the registration card.
4454. (a) Every owner, upon receipt of a registration card, shall
maintain the same or a facsimile copy thereof with the vehicle for
which issued.
(b) This section does not apply when a registration card is
necessarily removed from the vehicle for the purpose of application
for renewal or transfer of registration, or when the vehicle is left
unattended.
(c) Any violation of this section shall be cited in accordance
with the provisions of Section 40610.
4455. Any permit issued under Section 4004 shall be carried in the
vehicle for which issued at all times while it is being operated in
this State.
4456. (a) When selling a vehicle, dealers and lessor-retailers
shall use numbered report-of-sale forms issued by the department. The
forms shall be used in accordance with the following terms and
conditions:
(1) The dealer or lessor-retailer shall attach for display a copy
of the report of sale on the vehicle before the vehicle is delivered
to the purchaser.
(2) The dealer or lessor-retailer shall submit to the department
an application accompanied by all fees and penalties due for
registration or transfer of registration of the vehicle within 30
days from the date of sale, as provided in subdivision (c) of Section
9553, if the vehicle is a used vehicle, and 20 days if the vehicle
is a new vehicle. Penalties due for noncompliance with this paragraph
shall be paid by the dealer or lessor-retailer. The dealer or
lessor-retailer may not charge the purchaser for the penalties.
(3) As part of an application to transfer registration of a used
vehicle, the dealer or lessor-retailer shall include all of the
following information on the certificate of title, application for a
duplicate certificate of title, or form prescribed by the department:
(A) Date of sale and report of sale number.
(B) Purchaser's name and address.
(C) Dealer's name, address, number, and signature or signature of
authorized agent.
(D) Salesperson number.
(4) If the department returns an application and the application
was first received by the department within 30 days of the date of
sale of the vehicle if the vehicle is a used vehicle, and 20 days if
the vehicle is a new vehicle, the dealer or lessor-retailer shall
submit a corrected application to the department within 50 days from
the date of sale of the vehicle if the vehicle is a used vehicle, and
40 days if the vehicle is a new vehicle, or within 30 days from the
date that the application is first returned by the department if the
vehicle is a used vehicle, and 20 days if the vehicle is a new
vehicle, whichever is later.
(5) If the department returns an application and the application
was first received by the department more than 30 days from the date
of sale of the vehicle if the vehicle is a used vehicle, and 20 days
if the vehicle is a new vehicle, the dealer or lessor-retailer shall
submit a corrected application to the department within 50 days from
the date of sale of the vehicle if the vehicle is a used vehicle, and
40 days if the vehicle is a new vehicle.
(6) An application first received by the department more than 50
days from the date of sale of the vehicle if the vehicle is a used
vehicle, and 40 days if the vehicle is a new vehicle, is subject to
the penalties specified in subdivisions (a) and (b) of Section
4456.1.
(7) The dealer or lessor-retailer shall report the sale under
Section 5901.
(b) (1) A transfer that takes place through a dealer conducting a
wholesale vehicle auction shall be reported to the department by that
dealer on a single form approved by the department. The completed
form shall contain, at a minimum, all of the following information:
(A) The name and address of the seller.
(B) The seller's dealer number, if applicable.
(C) The date of delivery to the dealer conducting the auction.
(D) The actual mileage of the vehicle as indicated by the vehicle'
s odometer at the time of delivery to the dealer conducting the
auction.
(E) The name, address, and occupational license number of the
dealer conducting the auction.
(F) The name, address, and occupational license number of the
buyer.
(G) The signature of the dealer conducting the auction.
(2) Submission of the completed form specified in paragraph (1) to
the department shall fully satisfy the requirements of subdivision
(a) and subdivision (a) of Section 5901 with respect to the dealer
selling at auction and the dealer conducting the auction.
(3) The single form required by this subdivision does not relieve
a dealer of any obligation or responsibility that is required by any
other provision of law.
(c) A vehicle displaying a copy of the report of sale may be
operated without license plates or registration card until either of
the following, whichever occurs first:
(1) The license plates and registration card are received by the
purchaser.
(2) A six-month period, commencing with the date of sale of the
vehicle, has expired.
4456.1. (a) A dealer or lessor-retailer who violates paragraph (1),
(2), or (7) of subdivision (a) of Section 4456 shall pay to the
department an administrative service fee of five dollars ($5) for
each violation.
(b) A dealer or lessor-retailer who violates paragraph (4), (5),
or (6) of subdivision (a) of Section 4456 shall pay to the department
an administrative service fee of twenty-five dollars ($25) for each
violation.
(c) Subject to subdivision (d), each violation of Section 4456 is,
in addition to the obligation to pay an administrative service fee,
a separate cause for discipline pursuant to Section 11613 or 11705.
(d) A violation of subdivision (a) of Section 4456 because of a
dealer or lessor-retailer's failure to submit to the department an
application for registration or transfer of registration is a cause
for disciplinary action pursuant to Section 11613 or 11705 only if
the initial application is submitted 50 days or more following the
date of sale of the vehicle if the vehicle is a used vehicle, and 40
days if the vehicle is a new vehicle.
4456.3. (a) The department shall charge a dealer or lessor-retailer
a fee, as established by the director pursuant to subdivision (b),
for each vehicle sold by a dealer or lessor-retailer and reported on
a report-of-sale form issued by the department to a dealer or
lessor-retailer, or for every vehicle sold by a dealer or
lessor-retailer if that licensee does not use a report-of-sale form
issued by the department because the report of the sale is given
electronically or otherwise. The department shall collect the fee and
the fees shall be paid to the Consumer Motor Vehicle Recovery
Corporation as described in Chapter 11 (commencing with Section
12200) of Division 5. The department shall not charge more than a
total of two thousand five hundred dollars ($2,500) in fees under
this section to a dealer licensee within a calendar year.
(b) The director shall establish the fee at one dollar ($1) and
shall collect the fee. The director shall deposit the fees received
in the Motor Vehicle Account. Notwithstanding Section 13340 of the
Government Code, the revenues from the fees deposited in the Motor
Vehicle Account, less an amount that the director determines is equal
to the department's costs related to collecting and processing the
fees, is hereby continuously appropriated to the department for
quarterly payment to the Consumer Motor Vehicle Recovery Corporation
until the Consumer Motor Vehicle Recovery Corporation notifies the
department that the balance in the recovery fund maintained by the
corporation has reached five million dollars ($5,000,000). Within 90
days after being notified by the Consumer Motor Vehicle Recovery
Corporation, the director shall cease collecting the fee. Thereafter,
if the amount in the recovery fund maintained by the corporation is
less than two million dollars ($2,000,000), the Consumer Motor
Vehicle Recovery Corporation shall notify the department of the
amount necessary to return the recovery fund balance to five million
dollars ($5,000,000). Within 90 days of being notified, the director
shall collect the fee and pay the fee revenue required by this
subdivision until the Consumer Motor Vehicle Recovery Corporation
notifies the director that the recovery fund has reached five million
dollars ($5,000,000). Within 90 days of being notified, the director
shall cease collecting the fee.
(c) (1) The Consumer Motor Vehicle Recovery Corporation shall
reimburse the department for all reasonable expenses incurred in
implementing this section.
(2) The Consumer Motor Vehicle Recovery Corporation shall
reimburse the department for all reasonable startup expenses incurred
by the department to comply with this section within 90 days after
the department begins collecting the fees and transmitting them to
the Corporation as provided in this section.
(d) This section shall become operative on July 1, 2008.
4457. If any registration card or license plate is stolen, lost,
mutilated, or illegible, the owner of the vehicle for which the same
was issued, as shown by the records of the department, shall
immediately make application for and may, upon the applicant
furnishing information satisfactory to the department, obtain a
duplicate or a substitute or a new registration under a new
registration number, as determined to be most advisable by the
department. An application for a duplicate registration card is not
required in conjunction with any other application.
4458. If both license plates or a permanent trailer identification
plate are lost or stolen, the registered owner shall immediately
notify a law enforcement agency, and shall immediately apply to the
department for new plates in lieu of the plates stolen or lost. The
department shall in every proper case, except in the case of plates
which are exempt from fees, cause to be issued applicable license
plates of a different number and assign the registration number to
the vehicle for which the plates are issued.
4459. If any certificate of ownership is stolen, lost, mutilated or
illegible, the legal owner or, if none, then the owner of the
vehicle for which the same was issued as shown by the records of the
department shall immediately make application for and may, upon the
applicant furnishing information satisfactory to the department,
obtain a duplicate.
4460. (a) The Department of Motor Vehicles, the Traffic
Adjudication Board, and the Department of the California Highway
Patrol, any regularly employed and salaried police officer or deputy
sheriff or any reserve police officer or reserve deputy sheriff
listed in Section 830.6 of the Penal Code may take possession of any
certificate, card, placard, permit, license, or license plate issued
under this code, upon expiration, revocation, cancellation, or
suspension thereof or which is fictitious or which has been
unlawfully or erroneously issued. Any license plate which is not
attached to the vehicle for which issued, when and in the manner
required under this code, may be seized, and attachment to the proper
vehicle may be made or required.
(b) Any document, placard, or license plate seized shall be
delivered to the Department of Motor Vehicles.
4461. (a) A person shall not lend a certificate of ownership,
registration card, license plate, special plate, validation tab, or
permit issued to him or her if the person desiring to borrow it would
not be entitled to its use, and a person shall not knowingly permit
its use by one not entitled to it.
(b) A person to whom a disabled person placard has been issued
shall not lend the placard to another person, and a disabled person
shall not knowingly permit the use for parking purposes of the
placard or identification license plate issued pursuant to Section
5007 by one not entitled to it. A person to whom a disabled person
placard has been issued may permit another person to use the placard
only while in the presence or reasonable proximity of the disabled
person for the purpose of transporting the disabled person. A
violation of this subdivision is subject to the issuance of a notice
of parking violation imposing a civil penalty of not less than two
hundred fifty dollars ($250) and not more than one thousand dollars
($1,000), for which enforcement shall be governed by the procedures
set forth in Article 3 (commencing with Section 40200) of Chapter 1
of Division 17 or is a misdemeanor punishable by a fine of not less
than two hundred fifty dollars ($250) and not more than one thousand
dollars ($1,000), imprisonment in the county jail for not more than
six months, or both that fine and imprisonment.
(c) Except for the purpose of transporting a disabled person as
specified in subdivision (b), a person shall not display a disabled
person placard that was not issued to him or her or that has been
canceled or revoked pursuant to Section 22511.6. A violation of this
subdivision is subject to the issuance of a notice of parking
violation imposing a civil penalty of not less than two hundred fifty
dollars ($250) and not more than one thousand dollars ($1,000), for
which enforcement shall be governed by the procedures set forth in
Article 3 (commencing with Section 40200) of Chapter 1 of Division 17
or is a misdemeanor punishable by a fine of not less than two
hundred fifty dollars ($250) and not more than one thousand dollars
($1,000), imprisonment in the county jail for not more than six
months, or both that fine and imprisonment.
(d) Notwithstanding subdivisions (a), (b), and (c), a person using
a vehicle displaying a special identification license plate issued
to another pursuant to Section 5007 shall not park in those parking
stalls or spaces designated for disabled persons pursuant to Section
22511.7 or 22511.8, unless transporting a disabled person. A
violation of this subdivision is subject to the issuance of a notice
of parking violation imposing a civil penalty of not less than two
hundred fifty dollars ($250) and not more than one thousand dollars
($1,000), for which enforcement shall be governed by the procedures
set forth in Article 3 (commencing with Section 40200) of Chapter 1
of Division 17 or is a misdemeanor punishable by a fine of not less
than two hundred fifty dollars ($250) and not more than one thousand
dollars ($1,000), imprisonment in the county jail for not more than
six months, or both that fine and imprisonment.
(e) For the purposes of subdivisions (b) and (c), "disabled
person placard" means a placard issued pursuant to Section 22511.55
or 22511.59.
4461.3. In addition to any fine imposed for conviction of a
violation of Section 4461 or 22507.8, a city or county may adopt an
ordinance or resolution to assess an additional penalty of one
hundred dollars ($100). All revenue generated from imposition of the
penalty shall be used specifically for the purpose of improving
enforcement of the provisions of this code relating to disabled
parking spaces and placards within the city or county. Revenue
generated from imposition of the penalty may not be used to supplant
funds used for other general parking enforcement purposes, but may be
used to offset the cost of establishing a new disabled parking
enforcement program.
4461.5. In addition to, or instead of, any fine imposed for
conviction of a violation of subdivision (c) or (d) of Section 4461,
the court may impose a civil penalty of not more than one thousand
five hundred dollars ($1,500) for each conviction.
4462. (a) The driver of a motor vehicle shall present the
registration or identification card or other evidence of registration
of any or all vehicles under his or her immediate control for
examination upon demand of any peace officer.
(b) No person shall display upon a vehicle, nor present to any
peace officer, any registration card, identification card, temporary
receipt, license plate, device issued pursuant to Section 4853, or
permit not issued for that vehicle or not otherwise lawfully used
thereon under this code.
(c) This section shall become operative on January 1, 2001.
4462.5. Every person who commits a violation of subdivision (b) of
Section 4462, with intent to avoid compliance with vehicle
registration requirements of Article 1 (commencing with Section 4000)
of Chapter 1 or Article 1 (commencing with Section 5600) of Chapter
2, is guilty of a misdemeanor.
4463. (a) A person who, with intent to prejudice, damage, or
defraud, commits any of the following acts is guilty of a felony and
upon conviction thereof shall be punished by imprisonment in the
state prison for 16 months or two or three years, or by imprisonment
in a county jail for not more than one year:
(1) Alters, forges, counterfeits, or falsifies a certificate of
ownership, registration card, certificate, license, license plate,
device issued pursuant to Section 4853, special plate, or permit
provided for by this code or a comparable certificate of ownership,
registration card, certificate, license, license plate, device
comparable to that issued pursuant to Section 4853, special plate, or
permit provided for by a foreign jurisdiction, or alters, forges,
counterfeits, or falsifies the document, device, or plate with intent
to represent it as issued by the department, or alters, forges,
counterfeits, or falsifies with fraudulent intent an endorsement of
transfer on a certificate of ownership or other document evidencing
ownership, or with fraudulent intent displays or causes or permits to
be displayed or have in his or her possession a blank, incomplete,
canceled, suspended, revoked, altered, forged, counterfeit, or false
certificate of ownership, registration card, certificate, license,
license plate, device issued pursuant to Section 4853, special plate,
or permit.
(2) Utters, publishes, passes, or attempts to pass, as true and
genuine, a false, altered, forged, or counterfeited matter listed in
paragraph (1) knowing it to be false, altered, forged, or
counterfeited.
(b) A person who, with intent to prejudice, damage, or defraud,
commits any of the following acts is guilty of a misdemeanor, and
upon conviction thereof shall be punished by imprisonment in a county
jail for six months, a fine of not less than five hundred dollars
($500) and not more than one thousand dollars ($1,000), or both that
fine and imprisonment, which penalty shall not be suspended:
(1) Forges, counterfeits, or falsifies a disabled person placard
or a comparable placard relating to parking privileges for disabled
persons provided for by a foreign jurisdiction, or forges,
counterfeits, or falsifies a disabled person placard with intent to
represent it as issued by the department.
(2) Passes, or attempts to pass, as true and genuine, a false,
forged, or counterfeit disabled person placard knowing it to be
false, forged, or counterfeited.
(3) Acquires, possesses, sells, or offers for sale a genuine or
counterfeit disabled person placard.
(c) A person who, with fraudulent intent, displays or causes or
permits to be displayed a forged, counterfeit, or false disabled
person placard, is subject to the issuance of a notice of parking
violation imposing a civil penalty of not less than two hundred fifty
dollars ($250) and not more than one thousand dollars ($1,000), for
which enforcement shall be governed by the procedures set forth in
Article 3 (commencing with Section 40200) of Chapter 1 of Division 17
or is guilty of a misdemeanor punishable by imprisonment in a county
jail for six months, a fine of not less than two hundred fifty
dollars ($250) and not more than one thousand dollars ($1,000), or
both that fine and imprisonment, which penalty shall not be
suspended.
(d) For purposes of subdivision (b) or (c), "disabled person
placard" means a placard issued pursuant to Section 22511.55 or
22511.59.
(e) A person who, with intent to prejudice, damage, or defraud,
commits any of the following acts is guilty of an infraction, and
upon conviction thereof shall be punished by a fine of not less than
one hundred dollars ($100) and not more than two hundred fifty
dollars ($250) for a first offense, not less than two hundred fifty
dollars ($250) and not more than five hundred dollars ($500) for a
second offense, and not less than five hundred dollars ($500) and not
more than one thousand dollars ($1,000) for a third or subsequent
offense, which penalty shall not be suspended:
(1) Forges, counterfeits, or falsifies a Clean Air Sticker or a
comparable clean air sticker relating to high occupancy vehicle lane
privileges provided for by a foreign jurisdiction, or forges,
counterfeits, or falsifies a Clean Air Sticker with intent to
represent it as issued by the department.
(2) Passes, or attempts to pass, as true and genuine, a false,
forged, or counterfeit Clean Air Sticker knowing it to be false,
forged, or counterfeited.
(3) Acquires, possesses, sells, or offers for sale a counterfeit
Clean Air Sticker.
(4) Acquires, possesses, sells, or offers for sale a genuine Clean
Air Sticker separate from the vehicle for which the department
issued that sticker.
(f) As used in this section, "Clean Air Sticker" means a label or
decal issued pursuant to Sections 5205.5 and 21655.9.
4463.3. In addition to, or instead of, any fine imposed for
conviction of a violation of subdivision (b) or (c) of Section 4463,
the court may impose a civil penalty of not more than two thousand
five hundred dollars ($2,500) for each conviction.
4463.5. (a) No person shall manufacture or sell a decorative or
facsimile license plate of a size substantially similar to the
license plate issued by the department.
(b) Notwithstanding subdivision (a), the director may authorize
the manufacture and sale of decorative or facsimile license plates
for special events or media productions.
(c) A violation of this section is a misdemeanor punishable by a
fine of not less than five hundred dollars ($500).
4464. No person shall display upon a vehicle a license plate
altered from its original markings.
4465. (a) A legal owner of record of a vehicle may request, and the
department shall furnish, information regarding the current
registration status of the vehicle, including the license plate
number and address of the registered owner of the vehicle. The
department may charge a fee to pay for the cost of furnishing this
information.
(b) (1) By January 1, 2010, the department shall be in full
compliance with the federal Anti Car Theft Act of 1992 (P.L. 102-519)
and the United States Department of Justice (DOJ) rules governing
the federal National Motor Vehicle Title Information System (NMVTIS)
(49 U.S.C. Sec. 30501 et seq.), to the extent practicable.
(2) Notwithstanding paragraph (1), by January 1, 2010, the
department shall eliminate any restrictions to consumer access to
titling, branding, and theft information provided by the department
to NMVTIS, to ensure that prospective purchasers have instant and
reliable access to California's data.
4466. (a) The department shall not issue a duplicate or substitute
certificate of title or license plate if, after a search of the
records of the department, the registered owner's address, as
submitted on the application, is different from that which appears in
the records of the department, unless the registered owner applies
in person and presents all of the following:
(1) Proof of ownership of the vehicle that is acceptable to the
department. Proof of ownership may be the certificate of title,
registration certificate, or registration renewal notice, or a
facsimile or photocopy of any of those documents, if the facsimile or
photocopy matches the vehicle record of the department.
(2) A driver's license or identification card containing a picture
of the licensee or cardholder issued to the registered owner by the
department pursuant to Chapter 1 (commencing with Section 12500) of
Division 6. The department shall conduct a search of its records to
verify the authenticity of any document submitted under this
paragraph.
(A) If the registered owner is a resident of another state or
country, the registered owner shall present a driver's license or
identification card issued by that state or country. In addition, the
registered owner shall provide photo documentation in the form of a
valid passport, military identification card, identification card
issued by a state or United States government agency, student
identification card issued by a college or university, or
identification card issued by a California-based employer. If a
resident of another state is unable to present the required photo
identification, the department shall verify the authenticity of the
driver's license or identification card by contacting the state that
issued the driver's license or identification card.
(B) If the registered owner is not an individual, the person
submitting the application shall submit the photo identification
required pursuant to this paragraph, as well as documentation
acceptable to the department that demonstrates that the person is
employed by an officer of the registered owner.
(3) If the application is for the purpose of replacing a license
plate that was stolen, a copy of a police report identifying the
plate as stolen.
(4) If the application is for the purpose of replacing a
certificate of title or license plate that was mutilated or
destroyed, the remnants of the mutilated or destroyed document or
plate.
(5) If the department has a record of a prior issuance of a
duplicate or substitute certificate of title or license plate for the
vehicle within the past 90 days, a copy of a report from the
Department of the California Highway Patrol verifying the vehicle
identification number of the vehicle.
(b) Subdivision (a) does not apply if any of the following
applies:
(1) The registered owner's name, address, and driver's license or
identification card number submitted on the application match the
name, address, and driver's license or identification card number
contained in the department's records.
(2) An application for a duplicate or substitute certificate of
title or license plate is submitted by or through one of the
following:
(A) A legal owner, if the legal owner is not the same person as
the registered owner or as the lessee under Section 4453.5.
(B) A dealer or an agent of the dealer.
(C) A dismantler.
(D) An insurer or an agent of the insurer.
(E) A salvage pool.
(c) At the discretion of the department, subdivision (a) does not
apply in any of the following circumstances:
(1) An application for a duplicate or substitute certificate of
title or license plate is submitted by a licensed registration
service representing any of the following:
(A) A person or entity listed in subparagraphs (A) to (E),
inclusive, of paragraph (2) of subdivision (b).
(B) A business entity recognized under the laws of this state or
the laws of any foreign or domestic jurisdiction whose laws are in
parity with the laws of this state.
(C) A court-appointed bankruptcy referee.
(D) A person who is an individual, is not included in
subparagraphs (A) to (C), inclusive, and submits to the licensed
registration service an application with a signature that is
validated by a notary public. The licensed registration service shall
maintain full and complete records of its transactions conducted
pursuant to this subparagraph and shall make those records available
for inspection by an investigator of the Department of Motor
Vehicles, investigator of the Department of the California Highway
Patrol, a city police department, a county sheriff's office, or a
district attorney's office, if the investigator requests access to
the record and the request is for the purpose of a criminal
investigation.
(2) The vehicle is registered under the International Registration
Plan pursuant to Section 8052 or under the Permanent Fleet
Registration program pursuant to Article 9.5 (commencing with Section
5301).
(3) The vehicle is an implement of husbandry, as defined in
Section 36000, or a tow dolly, or has been issued an identification
plate under Section 5014 or 5014.1.
(d) The department shall issue one or more license plates only to
the registered owner or lessee. The department shall issue the
certificate of title only to the legal owner, or if none, then to the
registered owner, as shown on the department's records.
4467. (a) Notwithstanding any other provision of law, the
department shall issue new and different license plates immediately
upon request to the registered owner of a vehicle who appears in
person and submits a completed application, if all of the following
are provided:
(1) Proof of ownership of the vehicle that is acceptable to the
department.
(2) A driver's license or identification card containing a picture
of the licensee or cardholder issued to the registered owner by the
department pursuant to Chapter 1 (commencing with Section 12500) of
Division 6. The department shall conduct a search of its records to
verify the authenticity of any document submitted under this
paragraph.
(3) The previously issued license plates from the vehicle.
(4) The payment of required fees under subdivision (c) of Section
4850 and subdivision (b) of Section 9265 for the issuance of
duplicate license plates.
(5) One of the following:
(A) A copy of a police report, court documentation, or other law
enforcement documentation identifying the registered owner of the
vehicle as the victim of an incident of domestic violence, as
specified in Section 1708.6 of the Civil Code, the subject of
stalking, as specified in Section 1708.7 of the Civil Code or Section
646.9 of the Penal Code, the victim of a rape, as defined in Section
261 or 262 of the Penal Code, or the victim of a sexual battery, as
defined in Section 1708.5 of the Civil Code.
(B) A written acknowledgment, dated within 30 days of submission,
on the letterhead of a domestic violence agency or a rape crisis
center, that the registered owner is actively seeking assistance or
has sought assistance from that agency within the past year.
(C) An active protective order as defined in Section 6218 of the
Family Code, or issued pursuant to Section 527.6 or 527.8 of the Code
of Civil Procedure, which names the registered owner as a protected
party.
(b) Subdivision (a) does not apply to special license plates
issued under Article 8 (commencing with Section 5000) of Chapter 1 of
Division 3, special interest license plates issued under Article 8.4
(commencing with Section 5060) of Chapter 1 of Division 3, or
environmental license plates issued under Article 8.5 (commencing
with Section 5100) of Chapter 1 of Division 3.
4450. The department upon registering a vehicle shall issue a
certificate of ownership to the legal owner and a registration card
to the owner, or both to the owner if there is no legal owner of the
vehicle.
4450.5. (a) On or before January 1, 2012, the director shall
develop an Electronic Lien and Title (ELT) Program, in consultation
with lienholders, licensed dealers, and other stakeholders, to
require that all lienholders' title information be held in an
electronic format, if the department determines that the program is
cost effective compared to the current paper title and registration
system.
(b) The director may establish an auto loan business volume
threshold below which a lienholder is not required to participate in
the program developed pursuant to subdivision (a).
4451. The certificate of ownership shall contain all of the
following:
(a) Not less than the information required upon the face of the
registration card.
(b) Provision for notice to the department of a transfer of the
title or interest of the owner or legal owner.
(c) Provision for application for transfer of registration by the
transferee.
(d) Provision for an odometer disclosure statement pursuant to
subsection (a) of Section 32705 of Title 49 of the United States
Code.
4452. The department may issue a certificate of ownership to the
legal owner of a vehicle without requiring registration, and may
issue a facsimile copy of the certificate to the owner if there is no
legal owner, the application is submitted in proper form, and one of
the following conditions exist:
(a) The vehicle is registered pursuant to Section 5014.1.
(b) A certification has been filed with the department, pursuant
to subdivision (a) of Section 4604, that the vehicle has not been
driven, moved, or left standing upon any highway so as to require
payment of fees and that the owner will not thereafter permit that
operation or movement of the vehicle or leave the vehicle standing on
any highway without surrendering, or arranging to surrender, the
certificate of ownership to the department and without first making
an application for the regular registration of the vehicle and full
payment of all fees required to be paid under this code and Part 5
(commencing with Section 10701) of Division 2 of the Revenue and
Taxation Code.
4453. (a) The registration card shall contain upon its face, the
date issued, the name and residence or business address or mailing
address of the owner and of the legal owner, if any, the registration
number assigned to the vehicle, and a description of the vehicle as
complete as that required in the application for registration of the
vehicle.
(b) The following motor vehicles shall be identified as such on
the face of the registration card whenever the department is able to
ascertain that fact at the time application is made for initial
registration or transfer of ownership of the vehicle:
(1) A motor vehicle rebuilt and restored to operation that was
previously declared to be a total loss salvage vehicle because the
cost of repairs exceeds the retail value of the vehicle.
(2) A motor vehicle rebuilt and restored to operation that was
previously reported to be dismantled pursuant to Section 11520.
(3) A motor vehicle previously registered to a law enforcement
agency and operated in law enforcement work.
(4) A motor vehicle formerly operated as a taxicab.
(5) A motor vehicle manufactured outside of the United States and
not intended by the manufacturer for sale in the United States.
(6) A park trailer, as described in Section 18009.3 of the Health
and Safety Code, that when moved upon the highway is required to be
moved under a permit pursuant to Section 35780.
(7) A motor vehicle that has been reacquired under circumstances
described in subdivision (c) of Section 1793.23 of the Civil Code, a
vehicle with out-of-state titling documents reflecting a warranty
return, or a vehicle that has been identified by an agency of another
state as requiring a warranty return title notation, pursuant to the
laws of that state. The notation made on the face of the
registration and pursuant to this subdivision shall state "Lemon Law
Buyback."
(c) The director may modify the form, arrangement, and information
appearing on the face of the registration card and may provide for
standardization and abbreviation of fictitious or firm names on the
registration card whenever the director finds that the efficiency of
the department will be promoted by so doing.
4453.2. In addition to the information required under Section 4453,
the registration card of every farm labor vehicle shall contain the
words, "Farm Labor Vehicle," in conjunction with the vehicle
identification information.
4453.5. (a) In the case of leased vehicles, the lessor and the
lessee shall be shown on the registration card as the owner and the
lessee of a vehicle, and the department shall designate their
relationships upon the card and the ownership certificate by the
words "lessor" and "lessee" and, at the election of the lessor, the
department may designate thereon either the address of the lessor or
the lessee.
(b) Transfers of ownership involving vehicles registered as
provided in subdivision (a) shall only be effected upon the signature
release of the lessor.
(c) The lessor shall provide the address, or the name and address,
of the lessee on a form prescribed by the department in all cases
where the information is not on the registration card and ownership
certificate. Information received under this subdivision shall be
used only for law enforcement and shall be available only to law
enforcement officials at their request.
(d) A lessor, upon written request of the lessee or, if designated
in writing, the lessee's designee, shall disclose any pertinent
information regarding the amount of payment and the documents
necessary to exercise any option held by the lessee to purchase the
leased vehicle.
4453.6. On request of any member of the California Highway Patrol,
any regularly employed and salaried police officer or deputy sheriff,
or any reserve police officer or reserve deputy sheriff listed in
Section 830.6 of the Penal Code, or any employee or officer of the
department specified in Section 1655, who is conducting an
investigation of a public offense, the lessor of a vehicle shall
furnish the name and address of the lessee of a vehicle if that
information does not appear on the registration card.
4454. (a) Every owner, upon receipt of a registration card, shall
maintain the same or a facsimile copy thereof with the vehicle for
which issued.
(b) This section does not apply when a registration card is
necessarily removed from the vehicle for the purpose of application
for renewal or transfer of registration, or when the vehicle is left
unattended.
(c) Any violation of this section shall be cited in accordance
with the provisions of Section 40610.
4455. Any permit issued under Section 4004 shall be carried in the
vehicle for which issued at all times while it is being operated in
this State.
4456. (a) When selling a vehicle, dealers and lessor-retailers
shall use numbered report-of-sale forms issued by the department. The
forms shall be used in accordance with the following terms and
conditions:
(1) The dealer or lessor-retailer shall attach for display a copy
of the report of sale on the vehicle before the vehicle is delivered
to the purchaser.
(2) The dealer or lessor-retailer shall submit to the department
an application accompanied by all fees and penalties due for
registration or transfer of registration of the vehicle within 30
days from the date of sale, as provided in subdivision (c) of Section
9553, if the vehicle is a used vehicle, and 20 days if the vehicle
is a new vehicle. Penalties due for noncompliance with this paragraph
shall be paid by the dealer or lessor-retailer. The dealer or
lessor-retailer may not charge the purchaser for the penalties.
(3) As part of an application to transfer registration of a used
vehicle, the dealer or lessor-retailer shall include all of the
following information on the certificate of title, application for a
duplicate certificate of title, or form prescribed by the department:
(A) Date of sale and report of sale number.
(B) Purchaser's name and address.
(C) Dealer's name, address, number, and signature or signature of
authorized agent.
(D) Salesperson number.
(4) If the department returns an application and the application
was first received by the department within 30 days of the date of
sale of the vehicle if the vehicle is a used vehicle, and 20 days if
the vehicle is a new vehicle, the dealer or lessor-retailer shall
submit a corrected application to the department within 50 days from
the date of sale of the vehicle if the vehicle is a used vehicle, and
40 days if the vehicle is a new vehicle, or within 30 days from the
date that the application is first returned by the department if the
vehicle is a used vehicle, and 20 days if the vehicle is a new
vehicle, whichever is later.
(5) If the department returns an application and the application
was first received by the department more than 30 days from the date
of sale of the vehicle if the vehicle is a used vehicle, and 20 days
if the vehicle is a new vehicle, the dealer or lessor-retailer shall
submit a corrected application to the department within 50 days from
the date of sale of the vehicle if the vehicle is a used vehicle, and
40 days if the vehicle is a new vehicle.
(6) An application first received by the department more than 50
days from the date of sale of the vehicle if the vehicle is a used
vehicle, and 40 days if the vehicle is a new vehicle, is subject to
the penalties specified in subdivisions (a) and (b) of Section
4456.1.
(7) The dealer or lessor-retailer shall report the sale under
Section 5901.
(b) (1) A transfer that takes place through a dealer conducting a
wholesale vehicle auction shall be reported to the department by that
dealer on a single form approved by the department. The completed
form shall contain, at a minimum, all of the following information:
(A) The name and address of the seller.
(B) The seller's dealer number, if applicable.
(C) The date of delivery to the dealer conducting the auction.
(D) The actual mileage of the vehicle as indicated by the vehicle'
s odometer at the time of delivery to the dealer conducting the
auction.
(E) The name, address, and occupational license number of the
dealer conducting the auction.
(F) The name, address, and occupational license number of the
buyer.
(G) The signature of the dealer conducting the auction.
(2) Submission of the completed form specified in paragraph (1) to
the department shall fully satisfy the requirements of subdivision
(a) and subdivision (a) of Section 5901 with respect to the dealer
selling at auction and the dealer conducting the auction.
(3) The single form required by this subdivision does not relieve
a dealer of any obligation or responsibility that is required by any
other provision of law.
(c) A vehicle displaying a copy of the report of sale may be
operated without license plates or registration card until either of
the following, whichever occurs first:
(1) The license plates and registration card are received by the
purchaser.
(2) A six-month period, commencing with the date of sale of the
vehicle, has expired.
4456.1. (a) A dealer or lessor-retailer who violates paragraph (1),
(2), or (7) of subdivision (a) of Section 4456 shall pay to the
department an administrative service fee of five dollars ($5) for
each violation.
(b) A dealer or lessor-retailer who violates paragraph (4), (5),
or (6) of subdivision (a) of Section 4456 shall pay to the department
an administrative service fee of twenty-five dollars ($25) for each
violation.
(c) Subject to subdivision (d), each violation of Section 4456 is,
in addition to the obligation to pay an administrative service fee,
a separate cause for discipline pursuant to Section 11613 or 11705.
(d) A violation of subdivision (a) of Section 4456 because of a
dealer or lessor-retailer's failure to submit to the department an
application for registration or transfer of registration is a cause
for disciplinary action pursuant to Section 11613 or 11705 only if
the initial application is submitted 50 days or more following the
date of sale of the vehicle if the vehicle is a used vehicle, and 40
days if the vehicle is a new vehicle.
4456.3. (a) The department shall charge a dealer or lessor-retailer
a fee, as established by the director pursuant to subdivision (b),
for each vehicle sold by a dealer or lessor-retailer and reported on
a report-of-sale form issued by the department to a dealer or
lessor-retailer, or for every vehicle sold by a dealer or
lessor-retailer if that licensee does not use a report-of-sale form
issued by the department because the report of the sale is given
electronically or otherwise. The department shall collect the fee and
the fees shall be paid to the Consumer Motor Vehicle Recovery
Corporation as described in Chapter 11 (commencing with Section
12200) of Division 5. The department shall not charge more than a
total of two thousand five hundred dollars ($2,500) in fees under
this section to a dealer licensee within a calendar year.
(b) The director shall establish the fee at one dollar ($1) and
shall collect the fee. The director shall deposit the fees received
in the Motor Vehicle Account. Notwithstanding Section 13340 of the
Government Code, the revenues from the fees deposited in the Motor
Vehicle Account, less an amount that the director determines is equal
to the department's costs related to collecting and processing the
fees, is hereby continuously appropriated to the department for
quarterly payment to the Consumer Motor Vehicle Recovery Corporation
until the Consumer Motor Vehicle Recovery Corporation notifies the
department that the balance in the recovery fund maintained by the
corporation has reached five million dollars ($5,000,000). Within 90
days after being notified by the Consumer Motor Vehicle Recovery
Corporation, the director shall cease collecting the fee. Thereafter,
if the amount in the recovery fund maintained by the corporation is
less than two million dollars ($2,000,000), the Consumer Motor
Vehicle Recovery Corporation shall notify the department of the
amount necessary to return the recovery fund balance to five million
dollars ($5,000,000). Within 90 days of being notified, the director
shall collect the fee and pay the fee revenue required by this
subdivision until the Consumer Motor Vehicle Recovery Corporation
notifies the director that the recovery fund has reached five million
dollars ($5,000,000). Within 90 days of being notified, the director
shall cease collecting the fee.
(c) (1) The Consumer Motor Vehicle Recovery Corporation shall
reimburse the department for all reasonable expenses incurred in
implementing this section.
(2) The Consumer Motor Vehicle Recovery Corporation shall
reimburse the department for all reasonable startup expenses incurred
by the department to comply with this section within 90 days after
the department begins collecting the fees and transmitting them to
the Corporation as provided in this section.
(d) This section shall become operative on July 1, 2008.
4457. If any registration card or license plate is stolen, lost,
mutilated, or illegible, the owner of the vehicle for which the same
was issued, as shown by the records of the department, shall
immediately make application for and may, upon the applicant
furnishing information satisfactory to the department, obtain a
duplicate or a substitute or a new registration under a new
registration number, as determined to be most advisable by the
department. An application for a duplicate registration card is not
required in conjunction with any other application.
4458. If both license plates or a permanent trailer identification
plate are lost or stolen, the registered owner shall immediately
notify a law enforcement agency, and shall immediately apply to the
department for new plates in lieu of the plates stolen or lost. The
department shall in every proper case, except in the case of plates
which are exempt from fees, cause to be issued applicable license
plates of a different number and assign the registration number to
the vehicle for which the plates are issued.
4459. If any certificate of ownership is stolen, lost, mutilated or
illegible, the legal owner or, if none, then the owner of the
vehicle for which the same was issued as shown by the records of the
department shall immediately make application for and may, upon the
applicant furnishing information satisfactory to the department,
obtain a duplicate.
4460. (a) The Department of Motor Vehicles, the Traffic
Adjudication Board, and the Department of the California Highway
Patrol, any regularly employed and salaried police officer or deputy
sheriff or any reserve police officer or reserve deputy sheriff
listed in Section 830.6 of the Penal Code may take possession of any
certificate, card, placard, permit, license, or license plate issued
under this code, upon expiration, revocation, cancellation, or
suspension thereof or which is fictitious or which has been
unlawfully or erroneously issued. Any license plate which is not
attached to the vehicle for which issued, when and in the manner
required under this code, may be seized, and attachment to the proper
vehicle may be made or required.
(b) Any document, placard, or license plate seized shall be
delivered to the Department of Motor Vehicles.
4461. (a) A person shall not lend a certificate of ownership,
registration card, license plate, special plate, validation tab, or
permit issued to him or her if the person desiring to borrow it would
not be entitled to its use, and a person shall not knowingly permit
its use by one not entitled to it.
(b) A person to whom a disabled person placard has been issued
shall not lend the placard to another person, and a disabled person
shall not knowingly permit the use for parking purposes of the
placard or identification license plate issued pursuant to Section
5007 by one not entitled to it. A person to whom a disabled person
placard has been issued may permit another person to use the placard
only while in the presence or reasonable proximity of the disabled
person for the purpose of transporting the disabled person. A
violation of this subdivision is subject to the issuance of a notice
of parking violation imposing a civil penalty of not less than two
hundred fifty dollars ($250) and not more than one thousand dollars
($1,000), for which enforcement shall be governed by the procedures
set forth in Article 3 (commencing with Section 40200) of Chapter 1
of Division 17 or is a misdemeanor punishable by a fine of not less
than two hundred fifty dollars ($250) and not more than one thousand
dollars ($1,000), imprisonment in the county jail for not more than
six months, or both that fine and imprisonment.
(c) Except for the purpose of transporting a disabled person as
specified in subdivision (b), a person shall not display a disabled
person placard that was not issued to him or her or that has been
canceled or revoked pursuant to Section 22511.6. A violation of this
subdivision is subject to the issuance of a notice of parking
violation imposing a civil penalty of not less than two hundred fifty
dollars ($250) and not more than one thousand dollars ($1,000), for
which enforcement shall be governed by the procedures set forth in
Article 3 (commencing with Section 40200) of Chapter 1 of Division 17
or is a misdemeanor punishable by a fine of not less than two
hundred fifty dollars ($250) and not more than one thousand dollars
($1,000), imprisonment in the county jail for not more than six
months, or both that fine and imprisonment.
(d) Notwithstanding subdivisions (a), (b), and (c), a person using
a vehicle displaying a special identification license plate issued
to another pursuant to Section 5007 shall not park in those parking
stalls or spaces designated for disabled persons pursuant to Section
22511.7 or 22511.8, unless transporting a disabled person. A
violation of this subdivision is subject to the issuance of a notice
of parking violation imposing a civil penalty of not less than two
hundred fifty dollars ($250) and not more than one thousand dollars
($1,000), for which enforcement shall be governed by the procedures
set forth in Article 3 (commencing with Section 40200) of Chapter 1
of Division 17 or is a misdemeanor punishable by a fine of not less
than two hundred fifty dollars ($250) and not more than one thousand
dollars ($1,000), imprisonment in the county jail for not more than
six months, or both that fine and imprisonment.
(e) For the purposes of subdivisions (b) and (c), "disabled
person placard" means a placard issued pursuant to Section 22511.55
or 22511.59.
4461.3. In addition to any fine imposed for conviction of a
violation of Section 4461 or 22507.8, a city or county may adopt an
ordinance or resolution to assess an additional penalty of one
hundred dollars ($100). All revenue generated from imposition of the
penalty shall be used specifically for the purpose of improving
enforcement of the provisions of this code relating to disabled
parking spaces and placards within the city or county. Revenue
generated from imposition of the penalty may not be used to supplant
funds used for other general parking enforcement purposes, but may be
used to offset the cost of establishing a new disabled parking
enforcement program.
4461.5. In addition to, or instead of, any fine imposed for
conviction of a violation of subdivision (c) or (d) of Section 4461,
the court may impose a civil penalty of not more than one thousand
five hundred dollars ($1,500) for each conviction.
4462. (a) The driver of a motor vehicle shall present the
registration or identification card or other evidence of registration
of any or all vehicles under his or her immediate control for
examination upon demand of any peace officer.
(b) No person shall display upon a vehicle, nor present to any
peace officer, any registration card, identification card, temporary
receipt, license plate, device issued pursuant to Section 4853, or
permit not issued for that vehicle or not otherwise lawfully used
thereon under this code.
(c) This section shall become operative on January 1, 2001.
4462.5. Every person who commits a violation of subdivision (b) of
Section 4462, with intent to avoid compliance with vehicle
registration requirements of Article 1 (commencing with Section 4000)
of Chapter 1 or Article 1 (commencing with Section 5600) of Chapter
2, is guilty of a misdemeanor.
4463. (a) A person who, with intent to prejudice, damage, or
defraud, commits any of the following acts is guilty of a felony and
upon conviction thereof shall be punished by imprisonment in the
state prison for 16 months or two or three years, or by imprisonment
in a county jail for not more than one year:
(1) Alters, forges, counterfeits, or falsifies a certificate of
ownership, registration card, certificate, license, license plate,
device issued pursuant to Section 4853, special plate, or permit
provided for by this code or a comparable certificate of ownership,
registration card, certificate, license, license plate, device
comparable to that issued pursuant to Section 4853, special plate, or
permit provided for by a foreign jurisdiction, or alters, forges,
counterfeits, or falsifies the document, device, or plate with intent
to represent it as issued by the department, or alters, forges,
counterfeits, or falsifies with fraudulent intent an endorsement of
transfer on a certificate of ownership or other document evidencing
ownership, or with fraudulent intent displays or causes or permits to
be displayed or have in his or her possession a blank, incomplete,
canceled, suspended, revoked, altered, forged, counterfeit, or false
certificate of ownership, registration card, certificate, license,
license plate, device issued pursuant to Section 4853, special plate,
or permit.
(2) Utters, publishes, passes, or attempts to pass, as true and
genuine, a false, altered, forged, or counterfeited matter listed in
paragraph (1) knowing it to be false, altered, forged, or
counterfeited.
(b) A person who, with intent to prejudice, damage, or defraud,
commits any of the following acts is guilty of a misdemeanor, and
upon conviction thereof shall be punished by imprisonment in a county
jail for six months, a fine of not less than five hundred dollars
($500) and not more than one thousand dollars ($1,000), or both that
fine and imprisonment, which penalty shall not be suspended:
(1) Forges, counterfeits, or falsifies a disabled person placard
or a comparable placard relating to parking privileges for disabled
persons provided for by a foreign jurisdiction, or forges,
counterfeits, or falsifies a disabled person placard with intent to
represent it as issued by the department.
(2) Passes, or attempts to pass, as true and genuine, a false,
forged, or counterfeit disabled person placard knowing it to be
false, forged, or counterfeited.
(3) Acquires, possesses, sells, or offers for sale a genuine or
counterfeit disabled person placard.
(c) A person who, with fraudulent intent, displays or causes or
permits to be displayed a forged, counterfeit, or false disabled
person placard, is subject to the issuance of a notice of parking
violation imposing a civil penalty of not less than two hundred fifty
dollars ($250) and not more than one thousand dollars ($1,000), for
which enforcement shall be governed by the procedures set forth in
Article 3 (commencing with Section 40200) of Chapter 1 of Division 17
or is guilty of a misdemeanor punishable by imprisonment in a county
jail for six months, a fine of not less than two hundred fifty
dollars ($250) and not more than one thousand dollars ($1,000), or
both that fine and imprisonment, which penalty shall not be
suspended.
(d) For purposes of subdivision (b) or (c), "disabled person
placard" means a placard issued pursuant to Section 22511.55 or
22511.59.
(e) A person who, with intent to prejudice, damage, or defraud,
commits any of the following acts is guilty of an infraction, and
upon conviction thereof shall be punished by a fine of not less than
one hundred dollars ($100) and not more than two hundred fifty
dollars ($250) for a first offense, not less than two hundred fifty
dollars ($250) and not more than five hundred dollars ($500) for a
second offense, and not less than five hundred dollars ($500) and not
more than one thousand dollars ($1,000) for a third or subsequent
offense, which penalty shall not be suspended:
(1) Forges, counterfeits, or falsifies a Clean Air Sticker or a
comparable clean air sticker relating to high occupancy vehicle lane
privileges provided for by a foreign jurisdiction, or forges,
counterfeits, or falsifies a Clean Air Sticker with intent to
represent it as issued by the department.
(2) Passes, or attempts to pass, as true and genuine, a false,
forged, or counterfeit Clean Air Sticker knowing it to be false,
forged, or counterfeited.
(3) Acquires, possesses, sells, or offers for sale a counterfeit
Clean Air Sticker.
(4) Acquires, possesses, sells, or offers for sale a genuine Clean
Air Sticker separate from the vehicle for which the department
issued that sticker.
(f) As used in this section, "Clean Air Sticker" means a label or
decal issued pursuant to Sections 5205.5 and 21655.9.
4463.3. In addition to, or instead of, any fine imposed for
conviction of a violation of subdivision (b) or (c) of Section 4463,
the court may impose a civil penalty of not more than two thousand
five hundred dollars ($2,500) for each conviction.
4463.5. (a) No person shall manufacture or sell a decorative or
facsimile license plate of a size substantially similar to the
license plate issued by the department.
(b) Notwithstanding subdivision (a), the director may authorize
the manufacture and sale of decorative or facsimile license plates
for special events or media productions.
(c) A violation of this section is a misdemeanor punishable by a
fine of not less than five hundred dollars ($500).
4464. No person shall display upon a vehicle a license plate
altered from its original markings.
4465. (a) A legal owner of record of a vehicle may request, and the
department shall furnish, information regarding the current
registration status of the vehicle, including the license plate
number and address of the registered owner of the vehicle. The
department may charge a fee to pay for the cost of furnishing this
information.
(b) (1) By January 1, 2010, the department shall be in full
compliance with the federal Anti Car Theft Act of 1992 (P.L. 102-519)
and the United States Department of Justice (DOJ) rules governing
the federal National Motor Vehicle Title Information System (NMVTIS)
(49 U.S.C. Sec. 30501 et seq.), to the extent practicable.
(2) Notwithstanding paragraph (1), by January 1, 2010, the
department shall eliminate any restrictions to consumer access to
titling, branding, and theft information provided by the department
to NMVTIS, to ensure that prospective purchasers have instant and
reliable access to California's data.
4466. (a) The department shall not issue a duplicate or substitute
certificate of title or license plate if, after a search of the
records of the department, the registered owner's address, as
submitted on the application, is different from that which appears in
the records of the department, unless the registered owner applies
in person and presents all of the following:
(1) Proof of ownership of the vehicle that is acceptable to the
department. Proof of ownership may be the certificate of title,
registration certificate, or registration renewal notice, or a
facsimile or photocopy of any of those documents, if the facsimile or
photocopy matches the vehicle record of the department.
(2) A driver's license or identification card containing a picture
of the licensee or cardholder issued to the registered owner by the
department pursuant to Chapter 1 (commencing with Section 12500) of
Division 6. The department shall conduct a search of its records to
verify the authenticity of any document submitted under this
paragraph.
(A) If the registered owner is a resident of another state or
country, the registered owner shall present a driver's license or
identification card issued by that state or country. In addition, the
registered owner shall provide photo documentation in the form of a
valid passport, military identification card, identification card
issued by a state or United States government agency, student
identification card issued by a college or university, or
identification card issued by a California-based employer. If a
resident of another state is unable to present the required photo
identification, the department shall verify the authenticity of the
driver's license or identification card by contacting the state that
issued the driver's license or identification card.
(B) If the registered owner is not an individual, the person
submitting the application shall submit the photo identification
required pursuant to this paragraph, as well as documentation
acceptable to the department that demonstrates that the person is
employed by an officer of the registered owner.
(3) If the application is for the purpose of replacing a license
plate that was stolen, a copy of a police report identifying the
plate as stolen.
(4) If the application is for the purpose of replacing a
certificate of title or license plate that was mutilated or
destroyed, the remnants of the mutilated or destroyed document or
plate.
(5) If the department has a record of a prior issuance of a
duplicate or substitute certificate of title or license plate for the
vehicle within the past 90 days, a copy of a report from the
Department of the California Highway Patrol verifying the vehicle
identification number of the vehicle.
(b) Subdivision (a) does not apply if any of the following
applies:
(1) The registered owner's name, address, and driver's license or
identification card number submitted on the application match the
name, address, and driver's license or identification card number
contained in the department's records.
(2) An application for a duplicate or substitute certificate of
title or license plate is submitted by or through one of the
following:
(A) A legal owner, if the legal owner is not the same person as
the registered owner or as the lessee under Section 4453.5.
(B) A dealer or an agent of the dealer.
(C) A dismantler.
(D) An insurer or an agent of the insurer.
(E) A salvage pool.
(c) At the discretion of the department, subdivision (a) does not
apply in any of the following circumstances:
(1) An application for a duplicate or substitute certificate of
title or license plate is submitted by a licensed registration
service representing any of the following:
(A) A person or entity listed in subparagraphs (A) to (E),
inclusive, of paragraph (2) of subdivision (b).
(B) A business entity recognized under the laws of this state or
the laws of any foreign or domestic jurisdiction whose laws are in
parity with the laws of this state.
(C) A court-appointed bankruptcy referee.
(D) A person who is an individual, is not included in
subparagraphs (A) to (C), inclusive, and submits to the licensed
registration service an application with a signature that is
validated by a notary public. The licensed registration service shall
maintain full and complete records of its transactions conducted
pursuant to this subparagraph and shall make those records available
for inspection by an investigator of the Department of Motor
Vehicles, investigator of the Department of the California Highway
Patrol, a city police department, a county sheriff's office, or a
district attorney's office, if the investigator requests access to
the record and the request is for the purpose of a criminal
investigation.
(2) The vehicle is registered under the International Registration
Plan pursuant to Section 8052 or under the Permanent Fleet
Registration program pursuant to Article 9.5 (commencing with Section
5301).
(3) The vehicle is an implement of husbandry, as defined in
Section 36000, or a tow dolly, or has been issued an identification
plate under Section 5014 or 5014.1.
(d) The department shall issue one or more license plates only to
the registered owner or lessee. The department shall issue the
certificate of title only to the legal owner, or if none, then to the
registered owner, as shown on the department's records.
4467. (a) Notwithstanding any other provision of law, the
department shall issue new and different license plates immediately
upon request to the registered owner of a vehicle who appears in
person and submits a completed application, if all of the following
are provided:
(1) Proof of ownership of the vehicle that is acceptable to the
department.
(2) A driver's license or identification card containing a picture
of the licensee or cardholder issued to the registered owner by the
department pursuant to Chapter 1 (commencing with Section 12500) of
Division 6. The department shall conduct a search of its records to
verify the authenticity of any document submitted under this
paragraph.
(3) The previously issued license plates from the vehicle.
(4) The payment of required fees under subdivision (c) of Section
4850 and subdivision (b) of Section 9265 for the issuance of
duplicate license plates.
(5) One of the following:
(A) A copy of a police report, court documentation, or other law
enforcement documentation identifying the registered owner of the
vehicle as the victim of an incident of domestic violence, as
specified in Section 1708.6 of the Civil Code, the subject of
stalking, as specified in Section 1708.7 of the Civil Code or Section
646.9 of the Penal Code, the victim of a rape, as defined in Section
261 or 262 of the Penal Code, or the victim of a sexual battery, as
defined in Section 1708.5 of the Civil Code.
(B) A written acknowledgment, dated within 30 days of submission,
on the letterhead of a domestic violence agency or a rape crisis
center, that the registered owner is actively seeking assistance or
has sought assistance from that agency within the past year.
(C) An active protective order as defined in Section 6218 of the
Family Code, or issued pursuant to Section 527.6 or 527.8 of the Code
of Civil Procedure, which names the registered owner as a protected
party.
(b) Subdivision (a) does not apply to special license plates
issued under Article 8 (commencing with Section 5000) of Chapter 1 of
Division 3, special interest license plates issued under Article 8.4
(commencing with Section 5060) of Chapter 1 of Division 3, or
environmental license plates issued under Article 8.5 (commencing
with Section 5100) of Chapter 1 of Division 3.
