9550. All fees required to be paid by a vehicle dealer,
manufacturer, manufacturer branch, remanufacturer, remanufacturer
branch, distributor, distributor branch, representative, or
transporter, in accordance with this code, for any license or special
plates shall be paid at the time application is made to the
department.
9551. All fees required to be paid by an automobile dismantler, in
accordance with this code, for any license, or special plates, shall
be paid at the time application is made to the department.
9551.2. (a) When an application is made for a renewal or initial
registration of a vehicle, the department shall apply the amount of
any operative offset established by subdivision (a) of Section 10754
of the Revenue and Taxation Code. The department shall alter its
billing notice for vehicle license fees to indicate the amount of the
vehicle license fee for each vehicle as calculated under Section
10752 or 10752.1 of the Revenue and Taxation Code, or under Section
18115 of the Health and Safety Code, and the amount of the applicable
offset as required by subdivision (a) of Section 10754 of the
Revenue and Taxation Code. The amount of the offset shall be
identified on the billing notice as the "VLF Offset." The Department
of Motor Vehicles shall, as required by Section 11000 of the Revenue
and Taxation Code, provide information to the Controller with respect
to the amount of offsets subject to this subdivision.
(b) This section shall become operative on July 1, 1999, or on
that earlier date that is determined by both the director of the
department, and the Director of the Department of Housing and
Community Development, to be feasible for the implementation of this
section.
9552. (a) Whenever any vehicle is operated upon any highway of this
state without the fees first having been paid as required by this
code, and those fees have not been paid within 20 days of its first
operation, those fees are delinquent, except as provided in
subdivision (b).
(b) Fees are delinquent whenever application for renewal of
registration, or any application for renewal of special license
plates, is made after midnight of the expiration date of the
registration or special plates, or 60 days after the date the
registered owner is notified by the department pursuant to Section
1661, whichever is later.
(c) Whenever any person has received as transferee a properly
endorsed certificate of ownership and the transfer fee has not been
paid as required by this code within 10 days, the fee is delinquent.
(d) Whenever any person becomes an automobile dismantler, dealer,
manufacturer, manufacturer branch, distributor, distributor branch,
or transporter without first having paid the license and special
plate fees as required by this code, the fees are delinquent.
9553. (a) A penalty shall be added upon any delinquent application
as provided in Section 9552, except as provided in Section 4604 or
9706, or in subdivision (b).
(b) When renewal fee penalties have not accrued with respect to a
vehicle and the vehicle is transferred, the transferee has 20 days
from the date of the transfer to pay the registration fees which
become due without payment of penalties or to file a certification
pursuant to subdivision (a) of Section 4604 if the vehicle will not
be operated, moved, or left standing upon any highway during the
subsequent registration year, except as provided in subdivision (c).
(c) (1) A dealer or lessor-retailer submitting an application for
registration or transfer of a used vehicle shall have 30 days from
the date of sale to submit the fees, without the penalty that
otherwise would be required under subdivision (a).
(2) This subdivision does not apply to penalties due or accrued
prior to the date of sale by the dealer or lessor-retailer.
(d) A penalty shall be added if the fees specified in Section 9255
are not paid within 20 days after they become delinquent.
(e) In addition to the imposition of monetary fines or fees as
specified in this section, delinquent registration may result in
impoundment of the vehicle pursuant to Section 22651.
9553.5. (a) Whenever fees have not been paid in full for an
application for registration of vehicles registered pursuant to
Article 4 (commencing with Section 8050) of Chapter 4, the registrant
shall have 20 days from the date of notice by the department to pay
the balance of the fees due.
(b) Failure to pay the balance of the fees due within 20 days
shall subject the application to penalties, as defined in Sections
9554 and 9554.5, on the unpaid portion of the California fees due.
9553.7. The penalty for delinquency with respect to any transfer is
fifteen dollars ($15) and applies only to the last transfer.
9554. (a) A penalty shall be added on any application for renewal
of registration made later than midnight of the date of expiration or
on or after the date penalties become due. Penalties shall be
computed as provided in Section 9559 and shall be collected with the
fee.
(b) The penalty assessment for the delinquent payment of the
registration fee specified in Section 9250 shall be as follows:
(1) Ten dollars ($10) for a delinquency period of 10 days or less.
(2) Fifteen dollars ($15) for a delinquency period of more than 10
days, to and including 30 days.
(3) Thirty dollars ($30) for a delinquency period of more than 30
days, to and including one year.
(4) Fifty dollars ($50) for a delinquency period of more than one
year, to and including two years.
(5) One hundred dollars ($100) for a delinquency period of more
than two years.
(c) The penalty assessment for the delinquent payment of the
weight fee specified in Section 9400 or 9400.1 and the vehicle
license fee as specified in Section 10751 of the Revenue and Taxation
Code shall be as follows:
(1) Ten percent of the vehicle license fee, or the combined amount
of the vehicle license fee and the weight fee if the vehicle is
subject to both fees, for a delinquency period of 10 days or less.
(2) Twenty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of more than 10
days, to and including 30 days.
(3) Sixty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of more than 30
days, to and including one year.
(4) Eighty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of more than one
year, to and including two years.
(5) One hundred sixty percent of the vehicle license fee, or the
combined amount of the vehicle license fee and the weight fee if the
vehicle is subject to both fees, for a delinquency period of more
than two years.
(d) On or after January 1, 2003, a penalty assessment for weight
fees not reported and not paid within 20 days as required by Section
9406 shall be applied to the difference in the weight fee as follows:
(1) Ten percent of the fee for a delinquency period of 10 days or
less.
(2) Twenty percent of the fee for a delinquency period more than
10 days, to and including 30 days.
(3) Sixty percent of the fee for a delinquency period more than 30
days, to and including one year.
(4) Eighty percent of the fee for a delinquency period more than
one year, to and including two years.
(5) One hundred sixty percent for a delinquency period more than
two years.
(e) A single penalty assessment for the delinquent payment of the
fees specified in Sections 9250.8 and 9250.13 shall be as follows:
(1) Ten dollars ($10) for a delinquency period of 10 days or less.
(2) Fifteen dollars ($15) for a delinquency period of more than 10
days, to and including 30 days.
(3) Thirty dollars ($30) for a delinquency period of more than 30
days, to and including one year.
(4) Fifty dollars ($50) for a delinquency period of more than one
year, to and including two years.
(5) One hundred dollars ($100) for a delinquency period of more
than two years.
(6) This subdivision applies to the renewal of registration for
vehicles with expiration dates on or after December 1, 2008.
(f) This section shall become operative January 1, 2009.
9554.1. The amount of any penalty calculated pursuant to Section
9554 or subdivision (b) of Section 18116 of the Health and Safety
Code shall be reduced by the amount of any offset implemented
pursuant to Section 10754 of the Revenue and Taxation Code, or any
portion of the amount of that offset.
9554.2. Upon the operation of a commercial motor vehicle at a
greater gross vehicle weight than had been reported to and registered
by the department, a new registration application shall be made to
the department. The greater declared gross vehicle weight fee as
required in Section 9400.1 and any penalties defined in this code
shall be paid to the department.
9554.5. (a) On and after January 1, 2003, a penalty shall be added
on any application for original registration made later than midnight
of the date of expiration or on or after the date penalties become
due. Penalties shall be computed as provided in Section 9559 and
shall be collected with the fee.
(b) The penalty assessment for the delinquent payment of the
registration fee specified in Section 9250 shall be as follows:
(1) Thirty dollars ($30) for a delinquency period of one year or
less.
(2) Fifty dollars ($50) for a delinquency period of more than one
year, to and including two years.
(3) One hundred dollars ($100) for a delinquency period of more
than two years.
(c) The penalty assessment for the delinquent payment of the
weight fee specified in Section 9400 or 9400.1 and the vehicle
license fee as specified in Section 10751 of the Revenue and Taxation
Code shall be as follows:
(1) Forty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of one year or
less.
(2) Eighty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of more than one
year, to and including two years.
(3) One hundred sixty percent of the vehicle license fee, or the
combined amount of the vehicle license fee and the weight fee if the
vehicle is subject to both fees, for a delinquency period of more
than two years.
(d) A single penalty assessment for the delinquent payment of the
fees specified in Sections 9250.8 and 9250.13 shall be as follows:
(1) Thirty dollars ($30) for a delinquency period of one year or
less.
(2) Fifty dollars ($50) for a delinquency period of more than one
year, to and including two years.
(3) One hundred dollars ($100) for a delinquency period of more
than two years.
(4) This subdivision shall apply to applications for an original
registration where the date the fee is due is on or after December 1,
2008.
(e) This section shall become operative January 1, 2009.
9555. Whenever any trailer coach is in this State without the
registration fee having first been paid as required by this code, the
fee is delinquent.
9556. Whenever any person or organization authorized by the
department under Section 4610 receives an application for renewal of
registration accompanied by the proper fee and endorses a receipt or
validates a registration card or potential registration card in
respect to the application for renewal of registration prior to
midnight on the date registration expires in any year, the
application and payment of fees shall not be deemed delinquent or
subject to penalty, except that the person or organization so
receiving the application and fees shall transmit the application and
fees to the department as promptly as practicable in the immediate
course of business.
This section shall become operative on March 8, 1976, unless a
later enacted statute, which is chaptered before March 8, 1976,
deletes or extends such date.
9557. (a) No penalty shall be imposed for delinquent payment of any
fee required to be paid under this code in the event any instrument
for effective payment of such fee is placed in the United States mail
or in any postal box maintained by the United States Postal Service
with sufficient identification in an envelope with postage thereon
prepaid and addressed to the Department of Motor Vehicles at
Sacramento, or to one of the regularly established branch offices of
the department or to any person or organization authorized by the
department under Section 4610, prior to the date or time the fee
becomes delinquent.
(b) Any person so mailing an instrument for payment of any fee may
file with the department a certificate in writing showing compliance
with the provisions of this section. The certificate shall be
accepted by the department as prima facie evidence of such mailing.
9558. If a check in payment of a fee or penalty is not paid by the
bank on which it is drawn on its first presentation, the person
tendering the check remains liable for the payment of the fee, or fee
and penalty, as if he had not tendered the check. The department in
its discretion may redeposit a check in payment of the fee, or the
fee and penalty, not more than once without assessing additional
penalties.
9559. In computing any registration or weight fee or penalty
imposed by this code, whether on a proration or otherwise, a fraction
of a dollar is disregarded, unless it equals or exceeds fifty cents
($0.50), in which case it is treated as one full dollar ($1).
Computation of any penalty shall be made from the fee after the same
has been computed as provided in this section.
Any fee or penalty in an amount of forty-nine cents ($0.49) or
less shall be deemed to be one dollar ($1).
9559.5. When, by reason of the assignment or reassignment of a
renewal registration date by the director, the registration year is
less than, or more than, 12 months, the fee due for that renewal
shall be decreased or increased by one-twelfth of the annual fee for
each month of the period less than, or in excess of, 12 months.
9560. (a) The department shall waive all penalties that may be due
for late payment of registration renewal fees on a vehicle for any
period during which the registered owner is deployed to a location
outside of the state.
(b) (1) For the purposes of this section, "deployed" means being
ordered to temporary military duty during a period when a
Presidential Executive order specifies that the United States is
engaged in combat or homeland defense and the registered owner is one
of the following:
(A) A member of the armed forces.
(B) A member of the armed forces reserve or the National Guard who
has been called to active duty or active service.
(2) "Deployed" does not include either of the following:
(A) Temporary duty for the sole purpose of training or processing.
(B) A permanent change of station.
(c) This section does not apply to a registered owner who applies
for registration renewal more than 60 days after termination of his
or her deployment.
9561. (a) When a legal owner or his or her agent repossesses a
vehicle on which renewal fees are due, the department shall waive any
renewal penalties that are due for late payment if the fees are paid
within 60 days of taking possession.
(b) Notwithstanding any other provisions of this code, when a
repossessed vehicle is sold through a dealer conducting a wholesale
motor vehicle auction as provided in subdivision (b) of Section 4456
and Article 5 (commencing with Section 6100) of Chapter 2 of Division
3, any penalties that may be due are waived, if all renewal fees
that are due are paid not later than 60 days after the date of sale
at the auction.
9561.5. The department shall waive any penalties that may be due
for late payment of registration renewal fees on a vehicle if all of
the following criteria are met:
(a) The vehicle is sold through a dealer conducting a wholesale
motor vehicle auction as provided in subdivision (b) of Section 4456
and Article 5 (commencing with Section 6100) of Chapter 2 of Division
3.
(b) Immediately prior to the sale the vehicle was registered as a
leased vehicle.
(c) Delivery of the vehicle to the dealer conducting the wholesale
motor vehicle auction was not later than 25 days after the
termination of the lease.
(d) The date of termination of the lease and the date of delivery
to the auction is reported on the application for registration, or
application for transfer and registration, in a format that is
acceptable to the department.
9562. (a) When a transferee or purchaser of a vehicle applies for
transfer of registration, as provided in Section 5902, and it is
determined by the department that registration penalties accrued
prior to the purchase of the vehicle, and that the transferee or
purchaser was not cognizant of the nonpayment of the fees for
registration for the current or prior registration years, the
department may waive the registration penalties upon payment of the
fees for registration due.
(b) Other provisions of this code notwithstanding, the director
may, at his or her discretion, investigate into the circumstances of
any application for registration to ascertain if penalties had
accrued through no fault or intent of the owner. If the director
determines that the circumstances justify it, he or she may waive any
penalties upon payment of the fees for registration then due.
(c) When a transferee or purchaser of a vehicle applies for
transfer of registration of a vehicle, and it is determined by the
department that fees for registration of the vehicle for any year are
unpaid and due, that the fees became due prior to the transfer or
purchase of the vehicle by the transferee or purchaser and that the
transferee or purchaser was not cognizant of the fact that the fees
were unpaid and due, the department may waive the fees and any
penalty thereon if the license plate assigned to the vehicle displays
a validating device issued by the department and the validating
device contains the year number of the registration year for which
the transferee or purchaser is requesting a waiver of fees and
penalties.
(d) Upon the transfer of a vehicle for which fees for registration
and any penalties thereon are unpaid and due, the fees and penalties
are, notwithstanding the provisions of Article 6 (commencing with
Section 9800) of this chapter, the personal debt of the transferor of
the vehicle who did not pay the fees and penalties when they became
due or accrued. The fees and penalties may be collected by the
department in an appropriate civil action if the department has
waived the fees and penalties pursuant to subdivision (c).
9563. Notwithstanding any other provisions of this code, when a
vehicle is rebuilt and restored to operation after it has been
reported to be dismantled pursuant to Section 11520, the application
shall be deemed to be an application for original registration of a
new vehicle for determination of fees.
9564. (a) A scrap metal processor, as described in paragraph (3) of
subdivision (a) of Section 221, who acquires a vehicle of a type
subject to registration under this code, and who complies with all
the provisions of this section, is not required to submit a
certificate of nonoperation in lieu of fees or to pay fees that would
otherwise be required if the vehicle were to be currently
registered.
(b) A scrap metal processor who acquires a vehicle as provided in
subdivision (a) shall submit either of the following to the
department before reducing the vehicle to its component materials:
(1) Documentation that the vehicle was acquired pursuant to
Section 22669 and disposed of in compliance with Article 2
(commencing with Section 22850) of Chapter 10 of Division 11.
(2) The properly endorsed certificate of title transferring title
to the scrap iron processor and any available license plates or
registration documents.
(c) A vehicle delivered to a scrap metal processor under
subdivision (a) shall not be reconstructed or made operable, unless
it is a vehicle which qualifies for either horseless carriage license
plates or historical vehicle license plates pursuant to Section
5004, in which case the vehicle may be reconstructed or made
operable.
9565. (a) (1) The department shall develop and administer a vehicle
registration amnesty program, which shall be in effect from July 1,
2011, until June 30, 2012, for vehicles that have been registered
previously or classified incorrectly and that are correctly
registered in accordance with this section.
(2) Except as provided in subdivision (b), a criminal action for
false statements relating to the value, make, model, or a failure to
register the vehicle shall not be brought against a current vehicle
owner who has been granted amnesty under this section.
(b) This section does not apply to violations of this code for
which, as of July 1, 2011, either of the following applies:
(1) The current vehicle owner is on notice of a criminal
investigation by a complaint having been filed against him or her, or
by written notice having been mailed to him or her, that he or she
is under criminal investigation.
(2) A criminal court proceeding involving the vehicle has been
initiated already against the current vehicle owner.
(c) The department shall grant amnesty to a vehicle owner if all
of the following conditions have been met by June 30, 2012:
(1) The vehicle owner has filed a completed amnesty application
with the department attesting, under penalty of perjury, to the owner'
s eligibility to participate in the vehicle registration amnesty
program.
(2) Specially constructed vehicles participating in the amnesty
program shall be assigned the model year of the calendar year in
which the vehicle owner applied for amnesty under this section.
(3) The vehicle owner has correctly registered the vehicle or has
been issued a certificate of ownership without registration, pursuant
to Section 4452.
(d) Vehicle license fee revenue derived from the vehicle
registration amnesty program shall be allocated in the same manner as
required by Section 11001.5 of the Revenue and Taxation Code.
(e) Specially constructed vehicles that apply for amnesty under
this section shall not be exempted from the requirement to obtain a
certificate of compliance as provided in subparagraph (B) of
paragraph (4) of subdivision (a) of Section 44011 of the Health and
Safety Code.
(f) For the purposes of this section, "correctly registered" means
that all of the following have been completed:
(1) The vehicle owner has disclosed to the department the make,
model, and true cost of the vehicle including parts and labor.
(2) The vehicle owner has paid to the department all fees and
penalties owed for the underreporting of the vehicle's value and the
nonpayment of taxes or fees previously determined or proposed to be
determined.
(3) (A) The vehicle has been issued a certificate of compliance in
accordance with Section 44011 of the Health and Safety Code, as
appropriate.
(B) For purposes of this section, a certificate of compliance
shall be issued to a specially constructed vehicle that has applied
for amnesty if the vehicle has met the inspection and maintenance
tailpipe emissions requirements, as determined by the Bureau of
Automotive Repair, for the model year assigned under paragraph (2) of
subdivision (c). A specially constructed vehicle that has applied
for amnesty shall not be subject to the requirements of a visual
inspection.
(g) This section shall become inoperative on July 1, 2012, and, as
of January 1, 2013, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2013, deletes or
extends the dates on which it becomes inoperative and is repealed.
9550. All fees required to be paid by a vehicle dealer,
manufacturer, manufacturer branch, remanufacturer, remanufacturer
branch, distributor, distributor branch, representative, or
transporter, in accordance with this code, for any license or special
plates shall be paid at the time application is made to the
department.
9551. All fees required to be paid by an automobile dismantler, in
accordance with this code, for any license, or special plates, shall
be paid at the time application is made to the department.
9551.2. (a) When an application is made for a renewal or initial
registration of a vehicle, the department shall apply the amount of
any operative offset established by subdivision (a) of Section 10754
of the Revenue and Taxation Code. The department shall alter its
billing notice for vehicle license fees to indicate the amount of the
vehicle license fee for each vehicle as calculated under Section
10752 or 10752.1 of the Revenue and Taxation Code, or under Section
18115 of the Health and Safety Code, and the amount of the applicable
offset as required by subdivision (a) of Section 10754 of the
Revenue and Taxation Code. The amount of the offset shall be
identified on the billing notice as the "VLF Offset." The Department
of Motor Vehicles shall, as required by Section 11000 of the Revenue
and Taxation Code, provide information to the Controller with respect
to the amount of offsets subject to this subdivision.
(b) This section shall become operative on July 1, 1999, or on
that earlier date that is determined by both the director of the
department, and the Director of the Department of Housing and
Community Development, to be feasible for the implementation of this
section.
9552. (a) Whenever any vehicle is operated upon any highway of this
state without the fees first having been paid as required by this
code, and those fees have not been paid within 20 days of its first
operation, those fees are delinquent, except as provided in
subdivision (b).
(b) Fees are delinquent whenever application for renewal of
registration, or any application for renewal of special license
plates, is made after midnight of the expiration date of the
registration or special plates, or 60 days after the date the
registered owner is notified by the department pursuant to Section
1661, whichever is later.
(c) Whenever any person has received as transferee a properly
endorsed certificate of ownership and the transfer fee has not been
paid as required by this code within 10 days, the fee is delinquent.
(d) Whenever any person becomes an automobile dismantler, dealer,
manufacturer, manufacturer branch, distributor, distributor branch,
or transporter without first having paid the license and special
plate fees as required by this code, the fees are delinquent.
9553. (a) A penalty shall be added upon any delinquent application
as provided in Section 9552, except as provided in Section 4604 or
9706, or in subdivision (b).
(b) When renewal fee penalties have not accrued with respect to a
vehicle and the vehicle is transferred, the transferee has 20 days
from the date of the transfer to pay the registration fees which
become due without payment of penalties or to file a certification
pursuant to subdivision (a) of Section 4604 if the vehicle will not
be operated, moved, or left standing upon any highway during the
subsequent registration year, except as provided in subdivision (c).
(c) (1) A dealer or lessor-retailer submitting an application for
registration or transfer of a used vehicle shall have 30 days from
the date of sale to submit the fees, without the penalty that
otherwise would be required under subdivision (a).
(2) This subdivision does not apply to penalties due or accrued
prior to the date of sale by the dealer or lessor-retailer.
(d) A penalty shall be added if the fees specified in Section 9255
are not paid within 20 days after they become delinquent.
(e) In addition to the imposition of monetary fines or fees as
specified in this section, delinquent registration may result in
impoundment of the vehicle pursuant to Section 22651.
9553.5. (a) Whenever fees have not been paid in full for an
application for registration of vehicles registered pursuant to
Article 4 (commencing with Section 8050) of Chapter 4, the registrant
shall have 20 days from the date of notice by the department to pay
the balance of the fees due.
(b) Failure to pay the balance of the fees due within 20 days
shall subject the application to penalties, as defined in Sections
9554 and 9554.5, on the unpaid portion of the California fees due.
9553.7. The penalty for delinquency with respect to any transfer is
fifteen dollars ($15) and applies only to the last transfer.
9554. (a) A penalty shall be added on any application for renewal
of registration made later than midnight of the date of expiration or
on or after the date penalties become due. Penalties shall be
computed as provided in Section 9559 and shall be collected with the
fee.
(b) The penalty assessment for the delinquent payment of the
registration fee specified in Section 9250 shall be as follows:
(1) Ten dollars ($10) for a delinquency period of 10 days or less.
(2) Fifteen dollars ($15) for a delinquency period of more than 10
days, to and including 30 days.
(3) Thirty dollars ($30) for a delinquency period of more than 30
days, to and including one year.
(4) Fifty dollars ($50) for a delinquency period of more than one
year, to and including two years.
(5) One hundred dollars ($100) for a delinquency period of more
than two years.
(c) The penalty assessment for the delinquent payment of the
weight fee specified in Section 9400 or 9400.1 and the vehicle
license fee as specified in Section 10751 of the Revenue and Taxation
Code shall be as follows:
(1) Ten percent of the vehicle license fee, or the combined amount
of the vehicle license fee and the weight fee if the vehicle is
subject to both fees, for a delinquency period of 10 days or less.
(2) Twenty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of more than 10
days, to and including 30 days.
(3) Sixty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of more than 30
days, to and including one year.
(4) Eighty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of more than one
year, to and including two years.
(5) One hundred sixty percent of the vehicle license fee, or the
combined amount of the vehicle license fee and the weight fee if the
vehicle is subject to both fees, for a delinquency period of more
than two years.
(d) On or after January 1, 2003, a penalty assessment for weight
fees not reported and not paid within 20 days as required by Section
9406 shall be applied to the difference in the weight fee as follows:
(1) Ten percent of the fee for a delinquency period of 10 days or
less.
(2) Twenty percent of the fee for a delinquency period more than
10 days, to and including 30 days.
(3) Sixty percent of the fee for a delinquency period more than 30
days, to and including one year.
(4) Eighty percent of the fee for a delinquency period more than
one year, to and including two years.
(5) One hundred sixty percent for a delinquency period more than
two years.
(e) A single penalty assessment for the delinquent payment of the
fees specified in Sections 9250.8 and 9250.13 shall be as follows:
(1) Ten dollars ($10) for a delinquency period of 10 days or less.
(2) Fifteen dollars ($15) for a delinquency period of more than 10
days, to and including 30 days.
(3) Thirty dollars ($30) for a delinquency period of more than 30
days, to and including one year.
(4) Fifty dollars ($50) for a delinquency period of more than one
year, to and including two years.
(5) One hundred dollars ($100) for a delinquency period of more
than two years.
(6) This subdivision applies to the renewal of registration for
vehicles with expiration dates on or after December 1, 2008.
(f) This section shall become operative January 1, 2009.
9554.1. The amount of any penalty calculated pursuant to Section
9554 or subdivision (b) of Section 18116 of the Health and Safety
Code shall be reduced by the amount of any offset implemented
pursuant to Section 10754 of the Revenue and Taxation Code, or any
portion of the amount of that offset.
9554.2. Upon the operation of a commercial motor vehicle at a
greater gross vehicle weight than had been reported to and registered
by the department, a new registration application shall be made to
the department. The greater declared gross vehicle weight fee as
required in Section 9400.1 and any penalties defined in this code
shall be paid to the department.
9554.5. (a) On and after January 1, 2003, a penalty shall be added
on any application for original registration made later than midnight
of the date of expiration or on or after the date penalties become
due. Penalties shall be computed as provided in Section 9559 and
shall be collected with the fee.
(b) The penalty assessment for the delinquent payment of the
registration fee specified in Section 9250 shall be as follows:
(1) Thirty dollars ($30) for a delinquency period of one year or
less.
(2) Fifty dollars ($50) for a delinquency period of more than one
year, to and including two years.
(3) One hundred dollars ($100) for a delinquency period of more
than two years.
(c) The penalty assessment for the delinquent payment of the
weight fee specified in Section 9400 or 9400.1 and the vehicle
license fee as specified in Section 10751 of the Revenue and Taxation
Code shall be as follows:
(1) Forty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of one year or
less.
(2) Eighty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of more than one
year, to and including two years.
(3) One hundred sixty percent of the vehicle license fee, or the
combined amount of the vehicle license fee and the weight fee if the
vehicle is subject to both fees, for a delinquency period of more
than two years.
(d) A single penalty assessment for the delinquent payment of the
fees specified in Sections 9250.8 and 9250.13 shall be as follows:
(1) Thirty dollars ($30) for a delinquency period of one year or
less.
(2) Fifty dollars ($50) for a delinquency period of more than one
year, to and including two years.
(3) One hundred dollars ($100) for a delinquency period of more
than two years.
(4) This subdivision shall apply to applications for an original
registration where the date the fee is due is on or after December 1,
2008.
(e) This section shall become operative January 1, 2009.
9555. Whenever any trailer coach is in this State without the
registration fee having first been paid as required by this code, the
fee is delinquent.
9556. Whenever any person or organization authorized by the
department under Section 4610 receives an application for renewal of
registration accompanied by the proper fee and endorses a receipt or
validates a registration card or potential registration card in
respect to the application for renewal of registration prior to
midnight on the date registration expires in any year, the
application and payment of fees shall not be deemed delinquent or
subject to penalty, except that the person or organization so
receiving the application and fees shall transmit the application and
fees to the department as promptly as practicable in the immediate
course of business.
This section shall become operative on March 8, 1976, unless a
later enacted statute, which is chaptered before March 8, 1976,
deletes or extends such date.
9557. (a) No penalty shall be imposed for delinquent payment of any
fee required to be paid under this code in the event any instrument
for effective payment of such fee is placed in the United States mail
or in any postal box maintained by the United States Postal Service
with sufficient identification in an envelope with postage thereon
prepaid and addressed to the Department of Motor Vehicles at
Sacramento, or to one of the regularly established branch offices of
the department or to any person or organization authorized by the
department under Section 4610, prior to the date or time the fee
becomes delinquent.
(b) Any person so mailing an instrument for payment of any fee may
file with the department a certificate in writing showing compliance
with the provisions of this section. The certificate shall be
accepted by the department as prima facie evidence of such mailing.
9558. If a check in payment of a fee or penalty is not paid by the
bank on which it is drawn on its first presentation, the person
tendering the check remains liable for the payment of the fee, or fee
and penalty, as if he had not tendered the check. The department in
its discretion may redeposit a check in payment of the fee, or the
fee and penalty, not more than once without assessing additional
penalties.
9559. In computing any registration or weight fee or penalty
imposed by this code, whether on a proration or otherwise, a fraction
of a dollar is disregarded, unless it equals or exceeds fifty cents
($0.50), in which case it is treated as one full dollar ($1).
Computation of any penalty shall be made from the fee after the same
has been computed as provided in this section.
Any fee or penalty in an amount of forty-nine cents ($0.49) or
less shall be deemed to be one dollar ($1).
9559.5. When, by reason of the assignment or reassignment of a
renewal registration date by the director, the registration year is
less than, or more than, 12 months, the fee due for that renewal
shall be decreased or increased by one-twelfth of the annual fee for
each month of the period less than, or in excess of, 12 months.
9560. (a) The department shall waive all penalties that may be due
for late payment of registration renewal fees on a vehicle for any
period during which the registered owner is deployed to a location
outside of the state.
(b) (1) For the purposes of this section, "deployed" means being
ordered to temporary military duty during a period when a
Presidential Executive order specifies that the United States is
engaged in combat or homeland defense and the registered owner is one
of the following:
(A) A member of the armed forces.
(B) A member of the armed forces reserve or the National Guard who
has been called to active duty or active service.
(2) "Deployed" does not include either of the following:
(A) Temporary duty for the sole purpose of training or processing.
(B) A permanent change of station.
(c) This section does not apply to a registered owner who applies
for registration renewal more than 60 days after termination of his
or her deployment.
9561. (a) When a legal owner or his or her agent repossesses a
vehicle on which renewal fees are due, the department shall waive any
renewal penalties that are due for late payment if the fees are paid
within 60 days of taking possession.
(b) Notwithstanding any other provisions of this code, when a
repossessed vehicle is sold through a dealer conducting a wholesale
motor vehicle auction as provided in subdivision (b) of Section 4456
and Article 5 (commencing with Section 6100) of Chapter 2 of Division
3, any penalties that may be due are waived, if all renewal fees
that are due are paid not later than 60 days after the date of sale
at the auction.
9561.5. The department shall waive any penalties that may be due
for late payment of registration renewal fees on a vehicle if all of
the following criteria are met:
(a) The vehicle is sold through a dealer conducting a wholesale
motor vehicle auction as provided in subdivision (b) of Section 4456
and Article 5 (commencing with Section 6100) of Chapter 2 of Division
3.
(b) Immediately prior to the sale the vehicle was registered as a
leased vehicle.
(c) Delivery of the vehicle to the dealer conducting the wholesale
motor vehicle auction was not later than 25 days after the
termination of the lease.
(d) The date of termination of the lease and the date of delivery
to the auction is reported on the application for registration, or
application for transfer and registration, in a format that is
acceptable to the department.
9562. (a) When a transferee or purchaser of a vehicle applies for
transfer of registration, as provided in Section 5902, and it is
determined by the department that registration penalties accrued
prior to the purchase of the vehicle, and that the transferee or
purchaser was not cognizant of the nonpayment of the fees for
registration for the current or prior registration years, the
department may waive the registration penalties upon payment of the
fees for registration due.
(b) Other provisions of this code notwithstanding, the director
may, at his or her discretion, investigate into the circumstances of
any application for registration to ascertain if penalties had
accrued through no fault or intent of the owner. If the director
determines that the circumstances justify it, he or she may waive any
penalties upon payment of the fees for registration then due.
(c) When a transferee or purchaser of a vehicle applies for
transfer of registration of a vehicle, and it is determined by the
department that fees for registration of the vehicle for any year are
unpaid and due, that the fees became due prior to the transfer or
purchase of the vehicle by the transferee or purchaser and that the
transferee or purchaser was not cognizant of the fact that the fees
were unpaid and due, the department may waive the fees and any
penalty thereon if the license plate assigned to the vehicle displays
a validating device issued by the department and the validating
device contains the year number of the registration year for which
the transferee or purchaser is requesting a waiver of fees and
penalties.
(d) Upon the transfer of a vehicle for which fees for registration
and any penalties thereon are unpaid and due, the fees and penalties
are, notwithstanding the provisions of Article 6 (commencing with
Section 9800) of this chapter, the personal debt of the transferor of
the vehicle who did not pay the fees and penalties when they became
due or accrued. The fees and penalties may be collected by the
department in an appropriate civil action if the department has
waived the fees and penalties pursuant to subdivision (c).
9563. Notwithstanding any other provisions of this code, when a
vehicle is rebuilt and restored to operation after it has been
reported to be dismantled pursuant to Section 11520, the application
shall be deemed to be an application for original registration of a
new vehicle for determination of fees.
9564. (a) A scrap metal processor, as described in paragraph (3) of
subdivision (a) of Section 221, who acquires a vehicle of a type
subject to registration under this code, and who complies with all
the provisions of this section, is not required to submit a
certificate of nonoperation in lieu of fees or to pay fees that would
otherwise be required if the vehicle were to be currently
registered.
(b) A scrap metal processor who acquires a vehicle as provided in
subdivision (a) shall submit either of the following to the
department before reducing the vehicle to its component materials:
(1) Documentation that the vehicle was acquired pursuant to
Section 22669 and disposed of in compliance with Article 2
(commencing with Section 22850) of Chapter 10 of Division 11.
(2) The properly endorsed certificate of title transferring title
to the scrap iron processor and any available license plates or
registration documents.
(c) A vehicle delivered to a scrap metal processor under
subdivision (a) shall not be reconstructed or made operable, unless
it is a vehicle which qualifies for either horseless carriage license
plates or historical vehicle license plates pursuant to Section
5004, in which case the vehicle may be reconstructed or made
operable.
9565. (a) (1) The department shall develop and administer a vehicle
registration amnesty program, which shall be in effect from July 1,
2011, until June 30, 2012, for vehicles that have been registered
previously or classified incorrectly and that are correctly
registered in accordance with this section.
(2) Except as provided in subdivision (b), a criminal action for
false statements relating to the value, make, model, or a failure to
register the vehicle shall not be brought against a current vehicle
owner who has been granted amnesty under this section.
(b) This section does not apply to violations of this code for
which, as of July 1, 2011, either of the following applies:
(1) The current vehicle owner is on notice of a criminal
investigation by a complaint having been filed against him or her, or
by written notice having been mailed to him or her, that he or she
is under criminal investigation.
(2) A criminal court proceeding involving the vehicle has been
initiated already against the current vehicle owner.
(c) The department shall grant amnesty to a vehicle owner if all
of the following conditions have been met by June 30, 2012:
(1) The vehicle owner has filed a completed amnesty application
with the department attesting, under penalty of perjury, to the owner'
s eligibility to participate in the vehicle registration amnesty
program.
(2) Specially constructed vehicles participating in the amnesty
program shall be assigned the model year of the calendar year in
which the vehicle owner applied for amnesty under this section.
(3) The vehicle owner has correctly registered the vehicle or has
been issued a certificate of ownership without registration, pursuant
to Section 4452.
(d) Vehicle license fee revenue derived from the vehicle
registration amnesty program shall be allocated in the same manner as
required by Section 11001.5 of the Revenue and Taxation Code.
(e) Specially constructed vehicles that apply for amnesty under
this section shall not be exempted from the requirement to obtain a
certificate of compliance as provided in subparagraph (B) of
paragraph (4) of subdivision (a) of Section 44011 of the Health and
Safety Code.
(f) For the purposes of this section, "correctly registered" means
that all of the following have been completed:
(1) The vehicle owner has disclosed to the department the make,
model, and true cost of the vehicle including parts and labor.
(2) The vehicle owner has paid to the department all fees and
penalties owed for the underreporting of the vehicle's value and the
nonpayment of taxes or fees previously determined or proposed to be
determined.
(3) (A) The vehicle has been issued a certificate of compliance in
accordance with Section 44011 of the Health and Safety Code, as
appropriate.
(B) For purposes of this section, a certificate of compliance
shall be issued to a specially constructed vehicle that has applied
for amnesty if the vehicle has met the inspection and maintenance
tailpipe emissions requirements, as determined by the Bureau of
Automotive Repair, for the model year assigned under paragraph (2) of
subdivision (c). A specially constructed vehicle that has applied
for amnesty shall not be subject to the requirements of a visual
inspection.
(g) This section shall become inoperative on July 1, 2012, and, as
of January 1, 2013, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2013, deletes or
extends the dates on which it becomes inoperative and is repealed.
9550. All fees required to be paid by a vehicle dealer,
manufacturer, manufacturer branch, remanufacturer, remanufacturer
branch, distributor, distributor branch, representative, or
transporter, in accordance with this code, for any license or special
plates shall be paid at the time application is made to the
department.
9551. All fees required to be paid by an automobile dismantler, in
accordance with this code, for any license, or special plates, shall
be paid at the time application is made to the department.
9551.2. (a) When an application is made for a renewal or initial
registration of a vehicle, the department shall apply the amount of
any operative offset established by subdivision (a) of Section 10754
of the Revenue and Taxation Code. The department shall alter its
billing notice for vehicle license fees to indicate the amount of the
vehicle license fee for each vehicle as calculated under Section
10752 or 10752.1 of the Revenue and Taxation Code, or under Section
18115 of the Health and Safety Code, and the amount of the applicable
offset as required by subdivision (a) of Section 10754 of the
Revenue and Taxation Code. The amount of the offset shall be
identified on the billing notice as the "VLF Offset." The Department
of Motor Vehicles shall, as required by Section 11000 of the Revenue
and Taxation Code, provide information to the Controller with respect
to the amount of offsets subject to this subdivision.
(b) This section shall become operative on July 1, 1999, or on
that earlier date that is determined by both the director of the
department, and the Director of the Department of Housing and
Community Development, to be feasible for the implementation of this
section.
9552. (a) Whenever any vehicle is operated upon any highway of this
state without the fees first having been paid as required by this
code, and those fees have not been paid within 20 days of its first
operation, those fees are delinquent, except as provided in
subdivision (b).
(b) Fees are delinquent whenever application for renewal of
registration, or any application for renewal of special license
plates, is made after midnight of the expiration date of the
registration or special plates, or 60 days after the date the
registered owner is notified by the department pursuant to Section
1661, whichever is later.
(c) Whenever any person has received as transferee a properly
endorsed certificate of ownership and the transfer fee has not been
paid as required by this code within 10 days, the fee is delinquent.
(d) Whenever any person becomes an automobile dismantler, dealer,
manufacturer, manufacturer branch, distributor, distributor branch,
or transporter without first having paid the license and special
plate fees as required by this code, the fees are delinquent.
9553. (a) A penalty shall be added upon any delinquent application
as provided in Section 9552, except as provided in Section 4604 or
9706, or in subdivision (b).
(b) When renewal fee penalties have not accrued with respect to a
vehicle and the vehicle is transferred, the transferee has 20 days
from the date of the transfer to pay the registration fees which
become due without payment of penalties or to file a certification
pursuant to subdivision (a) of Section 4604 if the vehicle will not
be operated, moved, or left standing upon any highway during the
subsequent registration year, except as provided in subdivision (c).
(c) (1) A dealer or lessor-retailer submitting an application for
registration or transfer of a used vehicle shall have 30 days from
the date of sale to submit the fees, without the penalty that
otherwise would be required under subdivision (a).
(2) This subdivision does not apply to penalties due or accrued
prior to the date of sale by the dealer or lessor-retailer.
(d) A penalty shall be added if the fees specified in Section 9255
are not paid within 20 days after they become delinquent.
(e) In addition to the imposition of monetary fines or fees as
specified in this section, delinquent registration may result in
impoundment of the vehicle pursuant to Section 22651.
9553.5. (a) Whenever fees have not been paid in full for an
application for registration of vehicles registered pursuant to
Article 4 (commencing with Section 8050) of Chapter 4, the registrant
shall have 20 days from the date of notice by the department to pay
the balance of the fees due.
(b) Failure to pay the balance of the fees due within 20 days
shall subject the application to penalties, as defined in Sections
9554 and 9554.5, on the unpaid portion of the California fees due.
9553.7. The penalty for delinquency with respect to any transfer is
fifteen dollars ($15) and applies only to the last transfer.
9554. (a) A penalty shall be added on any application for renewal
of registration made later than midnight of the date of expiration or
on or after the date penalties become due. Penalties shall be
computed as provided in Section 9559 and shall be collected with the
fee.
(b) The penalty assessment for the delinquent payment of the
registration fee specified in Section 9250 shall be as follows:
(1) Ten dollars ($10) for a delinquency period of 10 days or less.
(2) Fifteen dollars ($15) for a delinquency period of more than 10
days, to and including 30 days.
(3) Thirty dollars ($30) for a delinquency period of more than 30
days, to and including one year.
(4) Fifty dollars ($50) for a delinquency period of more than one
year, to and including two years.
(5) One hundred dollars ($100) for a delinquency period of more
than two years.
(c) The penalty assessment for the delinquent payment of the
weight fee specified in Section 9400 or 9400.1 and the vehicle
license fee as specified in Section 10751 of the Revenue and Taxation
Code shall be as follows:
(1) Ten percent of the vehicle license fee, or the combined amount
of the vehicle license fee and the weight fee if the vehicle is
subject to both fees, for a delinquency period of 10 days or less.
(2) Twenty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of more than 10
days, to and including 30 days.
(3) Sixty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of more than 30
days, to and including one year.
(4) Eighty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of more than one
year, to and including two years.
(5) One hundred sixty percent of the vehicle license fee, or the
combined amount of the vehicle license fee and the weight fee if the
vehicle is subject to both fees, for a delinquency period of more
than two years.
(d) On or after January 1, 2003, a penalty assessment for weight
fees not reported and not paid within 20 days as required by Section
9406 shall be applied to the difference in the weight fee as follows:
(1) Ten percent of the fee for a delinquency period of 10 days or
less.
(2) Twenty percent of the fee for a delinquency period more than
10 days, to and including 30 days.
(3) Sixty percent of the fee for a delinquency period more than 30
days, to and including one year.
(4) Eighty percent of the fee for a delinquency period more than
one year, to and including two years.
(5) One hundred sixty percent for a delinquency period more than
two years.
(e) A single penalty assessment for the delinquent payment of the
fees specified in Sections 9250.8 and 9250.13 shall be as follows:
(1) Ten dollars ($10) for a delinquency period of 10 days or less.
(2) Fifteen dollars ($15) for a delinquency period of more than 10
days, to and including 30 days.
(3) Thirty dollars ($30) for a delinquency period of more than 30
days, to and including one year.
(4) Fifty dollars ($50) for a delinquency period of more than one
year, to and including two years.
(5) One hundred dollars ($100) for a delinquency period of more
than two years.
(6) This subdivision applies to the renewal of registration for
vehicles with expiration dates on or after December 1, 2008.
(f) This section shall become operative January 1, 2009.
9554.1. The amount of any penalty calculated pursuant to Section
9554 or subdivision (b) of Section 18116 of the Health and Safety
Code shall be reduced by the amount of any offset implemented
pursuant to Section 10754 of the Revenue and Taxation Code, or any
portion of the amount of that offset.
9554.2. Upon the operation of a commercial motor vehicle at a
greater gross vehicle weight than had been reported to and registered
by the department, a new registration application shall be made to
the department. The greater declared gross vehicle weight fee as
required in Section 9400.1 and any penalties defined in this code
shall be paid to the department.
9554.5. (a) On and after January 1, 2003, a penalty shall be added
on any application for original registration made later than midnight
of the date of expiration or on or after the date penalties become
due. Penalties shall be computed as provided in Section 9559 and
shall be collected with the fee.
(b) The penalty assessment for the delinquent payment of the
registration fee specified in Section 9250 shall be as follows:
(1) Thirty dollars ($30) for a delinquency period of one year or
less.
(2) Fifty dollars ($50) for a delinquency period of more than one
year, to and including two years.
(3) One hundred dollars ($100) for a delinquency period of more
than two years.
(c) The penalty assessment for the delinquent payment of the
weight fee specified in Section 9400 or 9400.1 and the vehicle
license fee as specified in Section 10751 of the Revenue and Taxation
Code shall be as follows:
(1) Forty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of one year or
less.
(2) Eighty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of more than one
year, to and including two years.
(3) One hundred sixty percent of the vehicle license fee, or the
combined amount of the vehicle license fee and the weight fee if the
vehicle is subject to both fees, for a delinquency period of more
than two years.
(d) A single penalty assessment for the delinquent payment of the
fees specified in Sections 9250.8 and 9250.13 shall be as follows:
(1) Thirty dollars ($30) for a delinquency period of one year or
less.
(2) Fifty dollars ($50) for a delinquency period of more than one
year, to and including two years.
(3) One hundred dollars ($100) for a delinquency period of more
than two years.
(4) This subdivision shall apply to applications for an original
registration where the date the fee is due is on or after December 1,
2008.
(e) This section shall become operative January 1, 2009.
9555. Whenever any trailer coach is in this State without the
registration fee having first been paid as required by this code, the
fee is delinquent.
9556. Whenever any person or organization authorized by the
department under Section 4610 receives an application for renewal of
registration accompanied by the proper fee and endorses a receipt or
validates a registration card or potential registration card in
respect to the application for renewal of registration prior to
midnight on the date registration expires in any year, the
application and payment of fees shall not be deemed delinquent or
subject to penalty, except that the person or organization so
receiving the application and fees shall transmit the application and
fees to the department as promptly as practicable in the immediate
course of business.
This section shall become operative on March 8, 1976, unless a
later enacted statute, which is chaptered before March 8, 1976,
deletes or extends such date.
9557. (a) No penalty shall be imposed for delinquent payment of any
fee required to be paid under this code in the event any instrument
for effective payment of such fee is placed in the United States mail
or in any postal box maintained by the United States Postal Service
with sufficient identification in an envelope with postage thereon
prepaid and addressed to the Department of Motor Vehicles at
Sacramento, or to one of the regularly established branch offices of
the department or to any person or organization authorized by the
department under Section 4610, prior to the date or time the fee
becomes delinquent.
(b) Any person so mailing an instrument for payment of any fee may
file with the department a certificate in writing showing compliance
with the provisions of this section. The certificate shall be
accepted by the department as prima facie evidence of such mailing.
9558. If a check in payment of a fee or penalty is not paid by the
bank on which it is drawn on its first presentation, the person
tendering the check remains liable for the payment of the fee, or fee
and penalty, as if he had not tendered the check. The department in
its discretion may redeposit a check in payment of the fee, or the
fee and penalty, not more than once without assessing additional
penalties.
9559. In computing any registration or weight fee or penalty
imposed by this code, whether on a proration or otherwise, a fraction
of a dollar is disregarded, unless it equals or exceeds fifty cents
($0.50), in which case it is treated as one full dollar ($1).
Computation of any penalty shall be made from the fee after the same
has been computed as provided in this section.
Any fee or penalty in an amount of forty-nine cents ($0.49) or
less shall be deemed to be one dollar ($1).
9559.5. When, by reason of the assignment or reassignment of a
renewal registration date by the director, the registration year is
less than, or more than, 12 months, the fee due for that renewal
shall be decreased or increased by one-twelfth of the annual fee for
each month of the period less than, or in excess of, 12 months.
9560. (a) The department shall waive all penalties that may be due
for late payment of registration renewal fees on a vehicle for any
period during which the registered owner is deployed to a location
outside of the state.
(b) (1) For the purposes of this section, "deployed" means being
ordered to temporary military duty during a period when a
Presidential Executive order specifies that the United States is
engaged in combat or homeland defense and the registered owner is one
of the following:
(A) A member of the armed forces.
(B) A member of the armed forces reserve or the National Guard who
has been called to active duty or active service.
(2) "Deployed" does not include either of the following:
(A) Temporary duty for the sole purpose of training or processing.
(B) A permanent change of station.
(c) This section does not apply to a registered owner who applies
for registration renewal more than 60 days after termination of his
or her deployment.
9561. (a) When a legal owner or his or her agent repossesses a
vehicle on which renewal fees are due, the department shall waive any
renewal penalties that are due for late payment if the fees are paid
within 60 days of taking possession.
(b) Notwithstanding any other provisions of this code, when a
repossessed vehicle is sold through a dealer conducting a wholesale
motor vehicle auction as provided in subdivision (b) of Section 4456
and Article 5 (commencing with Section 6100) of Chapter 2 of Division
3, any penalties that may be due are waived, if all renewal fees
that are due are paid not later than 60 days after the date of sale
at the auction.
9561.5. The department shall waive any penalties that may be due
for late payment of registration renewal fees on a vehicle if all of
the following criteria are met:
(a) The vehicle is sold through a dealer conducting a wholesale
motor vehicle auction as provided in subdivision (b) of Section 4456
and Article 5 (commencing with Section 6100) of Chapter 2 of Division
3.
(b) Immediately prior to the sale the vehicle was registered as a
leased vehicle.
(c) Delivery of the vehicle to the dealer conducting the wholesale
motor vehicle auction was not later than 25 days after the
termination of the lease.
(d) The date of termination of the lease and the date of delivery
to the auction is reported on the application for registration, or
application for transfer and registration, in a format that is
acceptable to the department.
9562. (a) When a transferee or purchaser of a vehicle applies for
transfer of registration, as provided in Section 5902, and it is
determined by the department that registration penalties accrued
prior to the purchase of the vehicle, and that the transferee or
purchaser was not cognizant of the nonpayment of the fees for
registration for the current or prior registration years, the
department may waive the registration penalties upon payment of the
fees for registration due.
(b) Other provisions of this code notwithstanding, the director
may, at his or her discretion, investigate into the circumstances of
any application for registration to ascertain if penalties had
accrued through no fault or intent of the owner. If the director
determines that the circumstances justify it, he or she may waive any
penalties upon payment of the fees for registration then due.
(c) When a transferee or purchaser of a vehicle applies for
transfer of registration of a vehicle, and it is determined by the
department that fees for registration of the vehicle for any year are
unpaid and due, that the fees became due prior to the transfer or
purchase of the vehicle by the transferee or purchaser and that the
transferee or purchaser was not cognizant of the fact that the fees
were unpaid and due, the department may waive the fees and any
penalty thereon if the license plate assigned to the vehicle displays
a validating device issued by the department and the validating
device contains the year number of the registration year for which
the transferee or purchaser is requesting a waiver of fees and
penalties.
(d) Upon the transfer of a vehicle for which fees for registration
and any penalties thereon are unpaid and due, the fees and penalties
are, notwithstanding the provisions of Article 6 (commencing with
Section 9800) of this chapter, the personal debt of the transferor of
the vehicle who did not pay the fees and penalties when they became
due or accrued. The fees and penalties may be collected by the
department in an appropriate civil action if the department has
waived the fees and penalties pursuant to subdivision (c).
9563. Notwithstanding any other provisions of this code, when a
vehicle is rebuilt and restored to operation after it has been
reported to be dismantled pursuant to Section 11520, the application
shall be deemed to be an application for original registration of a
new vehicle for determination of fees.
9564. (a) A scrap metal processor, as described in paragraph (3) of
subdivision (a) of Section 221, who acquires a vehicle of a type
subject to registration under this code, and who complies with all
the provisions of this section, is not required to submit a
certificate of nonoperation in lieu of fees or to pay fees that would
otherwise be required if the vehicle were to be currently
registered.
(b) A scrap metal processor who acquires a vehicle as provided in
subdivision (a) shall submit either of the following to the
department before reducing the vehicle to its component materials:
(1) Documentation that the vehicle was acquired pursuant to
Section 22669 and disposed of in compliance with Article 2
(commencing with Section 22850) of Chapter 10 of Division 11.
(2) The properly endorsed certificate of title transferring title
to the scrap iron processor and any available license plates or
registration documents.
(c) A vehicle delivered to a scrap metal processor under
subdivision (a) shall not be reconstructed or made operable, unless
it is a vehicle which qualifies for either horseless carriage license
plates or historical vehicle license plates pursuant to Section
5004, in which case the vehicle may be reconstructed or made
operable.
9565. (a) (1) The department shall develop and administer a vehicle
registration amnesty program, which shall be in effect from July 1,
2011, until June 30, 2012, for vehicles that have been registered
previously or classified incorrectly and that are correctly
registered in accordance with this section.
(2) Except as provided in subdivision (b), a criminal action for
false statements relating to the value, make, model, or a failure to
register the vehicle shall not be brought against a current vehicle
owner who has been granted amnesty under this section.
(b) This section does not apply to violations of this code for
which, as of July 1, 2011, either of the following applies:
(1) The current vehicle owner is on notice of a criminal
investigation by a complaint having been filed against him or her, or
by written notice having been mailed to him or her, that he or she
is under criminal investigation.
(2) A criminal court proceeding involving the vehicle has been
initiated already against the current vehicle owner.
(c) The department shall grant amnesty to a vehicle owner if all
of the following conditions have been met by June 30, 2012:
(1) The vehicle owner has filed a completed amnesty application
with the department attesting, under penalty of perjury, to the owner'
s eligibility to participate in the vehicle registration amnesty
program.
(2) Specially constructed vehicles participating in the amnesty
program shall be assigned the model year of the calendar year in
which the vehicle owner applied for amnesty under this section.
(3) The vehicle owner has correctly registered the vehicle or has
been issued a certificate of ownership without registration, pursuant
to Section 4452.
(d) Vehicle license fee revenue derived from the vehicle
registration amnesty program shall be allocated in the same manner as
required by Section 11001.5 of the Revenue and Taxation Code.
(e) Specially constructed vehicles that apply for amnesty under
this section shall not be exempted from the requirement to obtain a
certificate of compliance as provided in subparagraph (B) of
paragraph (4) of subdivision (a) of Section 44011 of the Health and
Safety Code.
(f) For the purposes of this section, "correctly registered" means
that all of the following have been completed:
(1) The vehicle owner has disclosed to the department the make,
model, and true cost of the vehicle including parts and labor.
(2) The vehicle owner has paid to the department all fees and
penalties owed for the underreporting of the vehicle's value and the
nonpayment of taxes or fees previously determined or proposed to be
determined.
(3) (A) The vehicle has been issued a certificate of compliance in
accordance with Section 44011 of the Health and Safety Code, as
appropriate.
(B) For purposes of this section, a certificate of compliance
shall be issued to a specially constructed vehicle that has applied
for amnesty if the vehicle has met the inspection and maintenance
tailpipe emissions requirements, as determined by the Bureau of
Automotive Repair, for the model year assigned under paragraph (2) of
subdivision (c). A specially constructed vehicle that has applied
for amnesty shall not be subject to the requirements of a visual
inspection.
(g) This section shall become inoperative on July 1, 2012, and, as
of January 1, 2013, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2013, deletes or
extends the dates on which it becomes inoperative and is repealed.
