SECTIONS 5900-5912

5900.  (a) Whenever the owner of a vehicle registered under thiscode sells or transfers his or her title or interest in, and deliversthe possession of, the vehicle to another, the owner shall, withinfive calendar days, notify the department of the sale or transfergiving the date thereof, the name and address of the owner and of thetransferee, and the description of the vehicle that is required inthe appropriate form provided for that purpose by the department. (b) Except as otherwise provided in subdivision (c), pursuant tosubsection (a) of Section 32705 of Title 49 of the United StatesCode, the owner shall also notify the department of the actualmileage of the vehicle as indicated by the vehicle's odometer at thetime of sale or transfer. However, if the vehicle owner has knowledgethat the mileage displayed on the odometer is incorrect, the ownershall indicate on the appropriate form the true mileage, if known, ofthe vehicle at the time of sale or transfer. Providing false or inaccurate mileage is not a violation of thissubdivision unless it is done with the intent to defraud. (c) If the registered owner is not in possession of the vehiclethat is sold or transferred, the person in physical possession ofthat vehicle shall give the notice required by subdivisions (a) and(b). If the registered owner sells or transfers the vehicle through adealer conducting a wholesale motor vehicle auction, the owner shallfurnish the information required by subdivisions (a) and (b) to thatdealer.5901.  (a) Every dealer or lessor-retailer, upon transferring bysale, lease, or otherwise any vehicle, whether new or used, of a typesubject to registration under this code, shall, not later than theend of the fifth calendar day thereafter not counting the day ofsale, give written notice of the transfer to the department at itsheadquarters upon an appropriate form provided by it. (b) Except as otherwise provided in this subdivision or insubdivision (c), the dealer or lessor-retailer shall enter on theform and pursuant to Section 32705(a) of Title 49 of the UnitedStates Code, on the ownership certificate, the actual mileage of thevehicle as indicated by the vehicle's odometer at the time of thetransfer. However, if the vehicle dealer or lessor-retailer hasknowledge that the mileage displayed on the odometer is incorrect,the licensee shall indicate on the form on which the mileage isentered that the mileage registered by the odometer is incorrect. Avehicle dealer or lessor-retailer need not give the notice whenselling or transferring a new unregistered vehicle to a dealer orlessor-retailer. (c) When the dealer or lessor-retailer is not in possession of thevehicle that is sold or transferred, the person in physicalpossession of the vehicle shall give the information required bysubdivision (b). (d) A sale is deemed completed and consummated when the purchaserof the vehicle has paid the purchase price, or, in lieu thereof, hassigned a purchase contract or security agreement, and has takenphysical possession or delivery of the vehicle.5902.  Whenever any person has received as transferee a properlyendorsed certificate of ownership, that person shall, within 10 daysthereafter, forward the certificate with the proper transfer fee tothe department and thereby make application for a transfer ofregistration. The certificate of ownership shall contain a space forthe applicant's driver's license or identification card number, andthe applicant shall furnish that number, if any, in the spaceprovided.5902.5.  Whenever any application for a registration transaction isfiled with the department during the 30 days immediately precedingthe date of expiration of registration of the vehicle, theapplication shall be accompanied by the full renewal fees for theensuing registration year in addition to any other fees that are dueand payable.5903.  When the department receives a copy of the judgment ofabandonment and evidence of sale as specified in Section 798.61 ofthe Civil Code, the department shall transfer the registration of thetrailer coach or recreational vehicle which has been deemedabandoned pursuant to that section, or reregister the trailer coachor vehicle under a new registration number, and issue a newcertificate of ownership and registration card to the person orpersons presenting the copy of the judgment of abandonment andevidence of sale to the department.5904.  Whenever the ownership of any vehicle for which a certificateof ownership has been issued without registration under Section 4452is transferred, an application for transfer shall be made asprovided in this chapter.5905.  When a security interest upon a registered vehicle issatisfied, canceled, or released by the parties thereto dulyregistered as owner and legal owner respectively and thereafterwithin a period of 10 days a new security agreement covering thevehicle is executed between the same parties, no application fortransfer of registration by reason thereof shall be made and no newcertificate of ownership or registration card shall be issued, andall provisions of this code relating to transfers of any title orinterest in a vehicle and the registration of the transfers shall bedeemed to have been fully complied with, and the new securityagreement shall be deemed perfected at the time the new securityagreement is executed.5906.  When the transferee of a vehicle is a dealer who holds thesame for resale and operates or moves the same upon the highwaysunder special plates, the dealer is not required to make applicationfor transfer, but upon transferring his title or interest to anotherperson he shall comply with this division.5906.5.  (a) Except as otherwise provided in subdivision (b), in thecase of any transfer, including, but not limited to, a transferresulting from a sale, lease, gift, or auction, of a vehicle under6,001 pounds, manufacturer's maximum gross weight rating, where noapplication for transfer is required, the person making suchtransfer, or his authorized representative, shall sign and shallrecord on the document evidencing the transfer of the vehicle theactual mileage of the vehicle as indicated by the vehicle's odometerat the time of the transfer. However, if the person making thetransfer, or his authorized representative, has knowledge that themileage displayed on the odometer is incorrect, such person shallrecord on the document the true mileage, if known, of the vehicle atthe time of transfer. (b) Whenever the person making such transfer is not in possessionof the vehicle that is transferred, the person in physical possessionof such vehicle shall provide the information required bysubdivision (a).5907.  A secured party who holds a security interest in a registeredvehicle that constitutes inventory as defined in the UniformCommercial Code, who has possession of the certificate of ownershipissued for that vehicle, if the certificate of ownership has beenissued, need not make application for a transfer of registration andthe Uniform Commercial Code shall exclusively control the validityand perfection of that security interest. This section does not applyto the extent that subdivisions (a) to (c), inclusive, of Section9311 of the Uniform Commercial Code apply to a security interest,because the transaction is not described in subdivision (d) ofSection 9311 of that code.5908.  The transferee of a security interest in a registered vehicleneed not make application for a transfer of registration when theinterest of such transferee arises from a transfer of a securityagreement or a lease agreement by the legal owner to the transfereeto secure payment or performance of an obligation, and the UniformCommercial Code shall exclusively control the validity and perfectionof such a security interest.5909.  (a) Whenever the title or interest of any owner or legalowner in or to a vehicle registered under this code passes to anotherotherwise than by voluntary transfer the new owner or legal ownermay obtain a transfer of registration upon application therefor andupon presentation of the last certificate of ownership andregistration card issued for the vehicle, if available, and anyinstruments or documents of authority or certified copies thereof asmay be required by the department, or required by law, to evidence oreffect a transfer of title or interest in or to chattels in suchcase. (b) The department when satisfied of the genuineness andregularity of the transfer shall give notice by mail to the owner andlegal owner of the vehicle as shown by the records of the departmentand five days after the giving of the notice, if still satisfied ofthe genuineness and regularity of such transfer, shall transfer theregistration of the vehicle accordingly. Such notice shall not berequired for a transfer described in Section 5601.5910.  (a) Upon the death of an owner or legal owner of a vehicleregistered under this code, without the decedent leaving otherproperty necessitating probate, and irrespective of the value of thevehicle, the following person or persons may secure transfer ofregistration of the title or interest of the decedent: (1) The sole person or all of the persons who succeeded to theproperty of the decedent under Sections 6401 and 6402 of the ProbateCode unless the vehicle is, by will, otherwise bequeathed. (2) The sole beneficiary or all of the beneficiaries who succeededto the vehicle under the will of the decedent where the vehicle is,by will, so bequeathed. (b) The person authorized by subdivision (a) may secure a transferof registration of the title or interest of the decedent uponpresenting to the department all of the following: (1) The appropriate certificate of ownership and registrationcard, if available. (2) A certificate of the heir or beneficiary under penalty ofperjury containing the following statements: (A) The date and place of the decedent's death. (B) The decedent left no other property necessitating probate andno probate proceeding is now being or has been conducted in thisstate for the decedent's estate. (C) The declarant is entitled to the vehicle either (i) as thesole person or all of the persons who succeeded to the property ofthe decedent under Sections 6401 and 6402 of the Probate Code if thedecedent left no will or (ii) as the beneficiary or beneficiariesunder the decedent's last will if the decedent left a will, and noone has a right to the decedent's vehicle that is superior to that ofthe declarant. (D) There are no unsecured creditors of the decedent or, if thereare, the unsecured creditors of the decedent have been paid in fullor their claims have been otherwise discharged. (3) If required by the department, a certificate of the death ofthe decedent. (4) If required by the department, the names and addresses of anyother heirs or beneficiaries. (c) If the department is presented with the documents specified inparagraphs (1) and (2) of subdivision (b), no liability shall beincurred by the department or any officer or employee of thedepartment by reason of the transfer of registration of the vehiclepursuant to this section. The department or officer or employee ofthe department may rely in good faith on the statements in thecertificate specified in paragraph (2) of subdivision (b) and has noduty to inquire into the truth of any statement in the certificate.The person who secures the transfer of the vehicle pursuant to thissection is subject to the provisions of Sections 13109 to 13113,inclusive, of the Probate Code to the same extent as a person to whomtransfer of property is made under Chapter 3 (commencing withSection 13100) of Part 1 of Division 8 of the Probate Code. (d) The department may prescribe a combined form for use underthis section and Section 9916.5910.5.  (a) On death of the owner of a vehicle owned in beneficiaryform, the vehicle belongs to the surviving beneficiary, if any. Ifthere is no surviving beneficiary, the vehicle belongs to the estateof the deceased owner or of the last coowner to die. (b) A certificate of ownership in beneficiary form may be revokedor the beneficiary changed at any time before the death of the ownerby either of the following methods: (1) By sale of the vehicle with proper assignment and delivery ofthe certificate of ownership to another person. (2) By application for a new certificate of ownership withoutdesignation of a beneficiary or with the designation of a differentbeneficiary. (c) Except as provided in subdivision (b), designation of abeneficiary in a certificate of ownership issued in beneficiary formmay not be changed or revoked by will, by any other instrument, by achange of circumstances, or otherwise. (d) The beneficiary's interest in the vehicle at death of theowner is subject to any contract of sale, assignment, or securityinterest to which the owner was subject during his or her lifetime. (e) The surviving beneficiary may secure a transfer of ownershipfor the vehicle upon presenting to the department all of thefollowing: (1) The appropriate certificate of ownership. (2) A certificate under penalty of perjury stating the date andplace of the owner's death and that the declarant is entitled to thevehicle as the designated beneficiary. (3) If required by the department, a certificate of the death ofthe owner. (f) After the death of the owner, the surviving beneficiary maytransfer his or her interest in the vehicle to another person withoutsecuring transfer of ownership into his or her own name byappropriately signing the certificate of ownership for the vehicleand delivering the document to the transferee for forwarding to thedepartment with appropriate fees. The transferee may secure atransfer of ownership upon presenting to the department (1) thecertificate of ownership signed by the beneficiary, (2) thecertificate described in paragraph (2) of subdivision (e) executed bythe beneficiary under penalty of perjury; and (3) if required by thedepartment, a certificate of death of the owner. (g) A transfer at death pursuant to this section is effective byreason of this section, and shall not be deemed to be a testamentarydisposition of property. The right of the designated beneficiary tothe vehicle shall not be denied, abridged, or affected on the groundsthat the right has not been created by a writing executed inaccordance with the laws of this state prescribing the requirementsto effect a valid testamentary disposition of property. (h) A transfer at death pursuant to this section is subject toSection 9653 of the Probate Code. (i) If there is no surviving beneficiary, the person or personsdescribed in Section 5910 may secure transfer of the vehicle asprovided in that section. (j) The department may prescribe forms for use pursuant to thissection.5910.7.  (a) If the department makes a transfer pursuant to Section5910.5, the department is discharged from all liability, whether ornot the transfer is consistent with the beneficial ownership of thevehicle transferred. (b) The protection provided by subdivision (a) does not extend toa transfer made after the department has been served with a courtorder restraining the transfer. No other notice or information shownto have been available to the department shall affect its right tothe protection afforded by subdivision (a). (c) The protection provided by this section has no bearing on therights of parties in disputes between themselves or their successorsconcerning the beneficial ownership of the vehicle. (d) The protection provided by this section is in addition to, andnot exclusive of, any other protection provided to the department byany other provision of law.5911.  Whenever application is made to the department for a transferof registration of a vehicle to a new owner or legal owner and theapplicant is unable to present the certificate of ownership issuedfor the vehicle by reason of the same being lost or otherwise notavailable, the department may receive the application and examineinto the circumstances of the case and may require the filing ofcertifications or other information, and when the department issatisfied that the applicant is entitled to a transfer ofregistration the department may transfer the registration of thevehicle, or reregister the vehicle under a new registration number,and issue a new certificate of ownership and registration card to theperson or persons found to be entitled thereto. The department,however, shall not issue a new certificate of ownership andregistration card to the applicant if the department has receivednotice by registered or certified mail in which it is indicated thatthe existing ownership certificate is being held for nonpayment ofthe vehicle. The notice may be forwarded by the registered owner,recorded lienholder, or by a person exempted from recording ownershipby Section 5906.5912.  Whenever application is made to the department for a transferof registration of a vehicle to a new owner or legal owner and theapplicant is unable to present the registration card issued for thevehicle by reason of the same being in the possession of thedepartment upon an application for renewal of registration, thedepartment may transfer the registration of such vehicle uponproduction of the properly endorsed certificate of ownership to thevehicle and a temporary receipt upon a form prescribed by thedepartment and containing such information as the department shalldeem necessary, including, but not limited to, the license numberassigned to the vehicle for the ensuing registration year, the amountof the fees payable upon renewal of registration, and the vehicleidentification number of the vehicle.