5900. (a) Whenever the owner of a vehicle registered under this
code sells or transfers his or her title or interest in, and delivers
the possession of, the vehicle to another, the owner shall, within
five calendar days, notify the department of the sale or transfer
giving the date thereof, the name and address of the owner and of the
transferee, and the description of the vehicle that is required in
the appropriate form provided for that purpose by the department.
(b) Except as otherwise provided in subdivision (c), pursuant to
subsection (a) of Section 32705 of Title 49 of the United States
Code, the owner shall also notify the department of the actual
mileage of the vehicle as indicated by the vehicle's odometer at the
time of sale or transfer. However, if the vehicle owner has knowledge
that the mileage displayed on the odometer is incorrect, the owner
shall indicate on the appropriate form the true mileage, if known, of
the vehicle at the time of sale or transfer.
Providing false or inaccurate mileage is not a violation of this
subdivision unless it is done with the intent to defraud.
(c) If the registered owner is not in possession of the vehicle
that is sold or transferred, the person in physical possession of
that vehicle shall give the notice required by subdivisions (a) and
(b). If the registered owner sells or transfers the vehicle through a
dealer conducting a wholesale motor vehicle auction, the owner shall
furnish the information required by subdivisions (a) and (b) to that
dealer.
5901. (a) Every dealer or lessor-retailer, upon transferring by
sale, lease, or otherwise any vehicle, whether new or used, of a type
subject to registration under this code, shall, not later than the
end of the fifth calendar day thereafter not counting the day of
sale, give written notice of the transfer to the department at its
headquarters upon an appropriate form provided by it.
(b) Except as otherwise provided in this subdivision or in
subdivision (c), the dealer or lessor-retailer shall enter on the
form and pursuant to Section 32705(a) of Title 49 of the United
States Code, on the ownership certificate, the actual mileage of the
vehicle as indicated by the vehicle's odometer at the time of the
transfer. However, if the vehicle dealer or lessor-retailer has
knowledge that the mileage displayed on the odometer is incorrect,
the licensee shall indicate on the form on which the mileage is
entered that the mileage registered by the odometer is incorrect. A
vehicle dealer or lessor-retailer need not give the notice when
selling or transferring a new unregistered vehicle to a dealer or
lessor-retailer.
(c) When the dealer or lessor-retailer is not in possession of the
vehicle that is sold or transferred, the person in physical
possession of the vehicle shall give the information required by
subdivision (b).
(d) A sale is deemed completed and consummated when the purchaser
of the vehicle has paid the purchase price, or, in lieu thereof, has
signed a purchase contract or security agreement, and has taken
physical possession or delivery of the vehicle.
5902. Whenever any person has received as transferee a properly
endorsed certificate of ownership, that person shall, within 10 days
thereafter, forward the certificate with the proper transfer fee to
the department and thereby make application for a transfer of
registration. The certificate of ownership shall contain a space for
the applicant's driver's license or identification card number, and
the applicant shall furnish that number, if any, in the space
provided.
5902.5. Whenever any application for a registration transaction is
filed with the department during the 30 days immediately preceding
the date of expiration of registration of the vehicle, the
application shall be accompanied by the full renewal fees for the
ensuing registration year in addition to any other fees that are due
and payable.
5903. When the department receives a copy of the judgment of
abandonment and evidence of sale as specified in Section 798.61 of
the Civil Code, the department shall transfer the registration of the
trailer coach or recreational vehicle which has been deemed
abandoned pursuant to that section, or reregister the trailer coach
or vehicle under a new registration number, and issue a new
certificate of ownership and registration card to the person or
persons presenting the copy of the judgment of abandonment and
evidence of sale to the department.
5904. Whenever the ownership of any vehicle for which a certificate
of ownership has been issued without registration under Section 4452
is transferred, an application for transfer shall be made as
provided in this chapter.
5905. When a security interest upon a registered vehicle is
satisfied, canceled, or released by the parties thereto duly
registered as owner and legal owner respectively and thereafter
within a period of 10 days a new security agreement covering the
vehicle is executed between the same parties, no application for
transfer of registration by reason thereof shall be made and no new
certificate of ownership or registration card shall be issued, and
all provisions of this code relating to transfers of any title or
interest in a vehicle and the registration of the transfers shall be
deemed to have been fully complied with, and the new security
agreement shall be deemed perfected at the time the new security
agreement is executed.
5906. When the transferee of a vehicle is a dealer who holds the
same for resale and operates or moves the same upon the highways
under special plates, the dealer is not required to make application
for transfer, but upon transferring his title or interest to another
person he shall comply with this division.
5906.5. (a) Except as otherwise provided in subdivision (b), in the
case of any transfer, including, but not limited to, a transfer
resulting from a sale, lease, gift, or auction, of a vehicle under
6,001 pounds, manufacturer's maximum gross weight rating, where no
application for transfer is required, the person making such
transfer, or his authorized representative, shall sign and shall
record on the document evidencing the transfer of the vehicle the
actual mileage of the vehicle as indicated by the vehicle's odometer
at the time of the transfer. However, if the person making the
transfer, or his authorized representative, has knowledge that the
mileage displayed on the odometer is incorrect, such person shall
record on the document the true mileage, if known, of the vehicle at
the time of transfer.
(b) Whenever the person making such transfer is not in possession
of the vehicle that is transferred, the person in physical possession
of such vehicle shall provide the information required by
subdivision (a).
5907. A secured party who holds a security interest in a registered
vehicle that constitutes inventory as defined in the Uniform
Commercial Code, who has possession of the certificate of ownership
issued for that vehicle, if the certificate of ownership has been
issued, need not make application for a transfer of registration and
the Uniform Commercial Code shall exclusively control the validity
and perfection of that security interest. This section does not apply
to the extent that subdivisions (a) to (c), inclusive, of Section
9311 of the Uniform Commercial Code apply to a security interest,
because the transaction is not described in subdivision (d) of
Section 9311 of that code.
5908. The transferee of a security interest in a registered vehicle
need not make application for a transfer of registration when the
interest of such transferee arises from a transfer of a security
agreement or a lease agreement by the legal owner to the transferee
to secure payment or performance of an obligation, and the Uniform
Commercial Code shall exclusively control the validity and perfection
of such a security interest.
5909. (a) Whenever the title or interest of any owner or legal
owner in or to a vehicle registered under this code passes to another
otherwise than by voluntary transfer the new owner or legal owner
may obtain a transfer of registration upon application therefor and
upon presentation of the last certificate of ownership and
registration card issued for the vehicle, if available, and any
instruments or documents of authority or certified copies thereof as
may be required by the department, or required by law, to evidence or
effect a transfer of title or interest in or to chattels in such
case.
(b) The department when satisfied of the genuineness and
regularity of the transfer shall give notice by mail to the owner and
legal owner of the vehicle as shown by the records of the department
and five days after the giving of the notice, if still satisfied of
the genuineness and regularity of such transfer, shall transfer the
registration of the vehicle accordingly. Such notice shall not be
required for a transfer described in Section 5601.
5910. (a) Upon the death of an owner or legal owner of a vehicle
registered under this code, without the decedent leaving other
property necessitating probate, and irrespective of the value of the
vehicle, the following person or persons may secure transfer of
registration of the title or interest of the decedent:
(1) The sole person or all of the persons who succeeded to the
property of the decedent under Sections 6401 and 6402 of the Probate
Code unless the vehicle is, by will, otherwise bequeathed.
(2) The sole beneficiary or all of the beneficiaries who succeeded
to 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 transfer
of registration of the title or interest of the decedent upon
presenting to the department all of the following:
(1) The appropriate certificate of ownership and registration
card, if available.
(2) A certificate of the heir or beneficiary under penalty of
perjury containing the following statements:
(A) The date and place of the decedent's death.
(B) The decedent left no other property necessitating probate and
no probate proceeding is now being or has been conducted in this
state for the decedent's estate.
(C) The declarant is entitled to the vehicle either (i) as the
sole person or all of the persons who succeeded to the property of
the decedent under Sections 6401 and 6402 of the Probate Code if the
decedent left no will or (ii) as the beneficiary or beneficiaries
under the decedent's last will if the decedent left a will, and no
one has a right to the decedent's vehicle that is superior to that of
the declarant.
(D) There are no unsecured creditors of the decedent or, if there
are, the unsecured creditors of the decedent have been paid in full
or their claims have been otherwise discharged.
(3) If required by the department, a certificate of the death of
the decedent.
(4) If required by the department, the names and addresses of any
other heirs or beneficiaries.
(c) If the department is presented with the documents specified in
paragraphs (1) and (2) of subdivision (b), no liability shall be
incurred by the department or any officer or employee of the
department by reason of the transfer of registration of the vehicle
pursuant to this section. The department or officer or employee of
the department may rely in good faith on the statements in the
certificate specified in paragraph (2) of subdivision (b) and has no
duty to inquire into the truth of any statement in the certificate.
The person who secures the transfer of the vehicle pursuant to this
section is subject to the provisions of Sections 13109 to 13113,
inclusive, of the Probate Code to the same extent as a person to whom
transfer of property is made under Chapter 3 (commencing with
Section 13100) of Part 1 of Division 8 of the Probate Code.
(d) The department may prescribe a combined form for use under
this section and Section 9916.
5910.5. (a) On death of the owner of a vehicle owned in beneficiary
form, the vehicle belongs to the surviving beneficiary, if any. If
there is no surviving beneficiary, the vehicle belongs to the estate
of the deceased owner or of the last coowner to die.
(b) A certificate of ownership in beneficiary form may be revoked
or the beneficiary changed at any time before the death of the owner
by either of the following methods:
(1) By sale of the vehicle with proper assignment and delivery of
the certificate of ownership to another person.
(2) By application for a new certificate of ownership without
designation of a beneficiary or with the designation of a different
beneficiary.
(c) Except as provided in subdivision (b), designation of a
beneficiary in a certificate of ownership issued in beneficiary form
may not be changed or revoked by will, by any other instrument, by a
change of circumstances, or otherwise.
(d) The beneficiary's interest in the vehicle at death of the
owner is subject to any contract of sale, assignment, or security
interest to which the owner was subject during his or her lifetime.
(e) The surviving beneficiary may secure a transfer of ownership
for the vehicle upon presenting to the department all of the
following:
(1) The appropriate certificate of ownership.
(2) A certificate under penalty of perjury stating the date and
place of the owner's death and that the declarant is entitled to the
vehicle as the designated beneficiary.
(3) If required by the department, a certificate of the death of
the owner.
(f) After the death of the owner, the surviving beneficiary may
transfer his or her interest in the vehicle to another person without
securing transfer of ownership into his or her own name by
appropriately signing the certificate of ownership for the vehicle
and delivering the document to the transferee for forwarding to the
department with appropriate fees. The transferee may secure a
transfer of ownership upon presenting to the department (1) the
certificate of ownership signed by the beneficiary, (2) the
certificate described in paragraph (2) of subdivision (e) executed by
the beneficiary under penalty of perjury; and (3) if required by the
department, a certificate of death of the owner.
(g) A transfer at death pursuant to this section is effective by
reason of this section, and shall not be deemed to be a testamentary
disposition of property. The right of the designated beneficiary to
the vehicle shall not be denied, abridged, or affected on the grounds
that the right has not been created by a writing executed in
accordance with the laws of this state prescribing the requirements
to effect a valid testamentary disposition of property.
(h) A transfer at death pursuant to this section is subject to
Section 9653 of the Probate Code.
(i) If there is no surviving beneficiary, the person or persons
described in Section 5910 may secure transfer of the vehicle as
provided in that section.
(j) The department may prescribe forms for use pursuant to this
section.
5910.7. (a) If the department makes a transfer pursuant to Section
5910.5, the department is discharged from all liability, whether or
not the transfer is consistent with the beneficial ownership of the
vehicle transferred.
(b) The protection provided by subdivision (a) does not extend to
a transfer made after the department has been served with a court
order restraining the transfer. No other notice or information shown
to have been available to the department shall affect its right to
the protection afforded by subdivision (a).
(c) The protection provided by this section has no bearing on the
rights of parties in disputes between themselves or their successors
concerning the beneficial ownership of the vehicle.
(d) The protection provided by this section is in addition to, and
not exclusive of, any other protection provided to the department by
any other provision of law.
5911. Whenever application is made to the department for a transfer
of registration of a vehicle to a new owner or legal owner and the
applicant is unable to present the certificate of ownership issued
for the vehicle by reason of the same being lost or otherwise not
available, the department may receive the application and examine
into the circumstances of the case and may require the filing of
certifications or other information, and when the department is
satisfied that the applicant is entitled to a transfer of
registration the department may transfer the registration of the
vehicle, or reregister the vehicle under a new registration number,
and issue a new certificate of ownership and registration card to the
person or persons found to be entitled thereto. The department,
however, shall not issue a new certificate of ownership and
registration card to the applicant if the department has received
notice by registered or certified mail in which it is indicated that
the existing ownership certificate is being held for nonpayment of
the vehicle. The notice may be forwarded by the registered owner,
recorded lienholder, or by a person exempted from recording ownership
by Section 5906.
5912. Whenever application is made to the department for a transfer
of registration of a vehicle to a new owner or legal owner and the
applicant is unable to present the registration card issued for the
vehicle by reason of the same being in the possession of the
department upon an application for renewal of registration, the
department may transfer the registration of such vehicle upon
production of the properly endorsed certificate of ownership to the
vehicle and a temporary receipt upon a form prescribed by the
department and containing such information as the department shall
deem necessary, including, but not limited to, the license number
assigned to the vehicle for the ensuing registration year, the amount
of the fees payable upon renewal of registration, and the vehicle
identification number of the vehicle.
5900. (a) Whenever the owner of a vehicle registered under this
code sells or transfers his or her title or interest in, and delivers
the possession of, the vehicle to another, the owner shall, within
five calendar days, notify the department of the sale or transfer
giving the date thereof, the name and address of the owner and of the
transferee, and the description of the vehicle that is required in
the appropriate form provided for that purpose by the department.
(b) Except as otherwise provided in subdivision (c), pursuant to
subsection (a) of Section 32705 of Title 49 of the United States
Code, the owner shall also notify the department of the actual
mileage of the vehicle as indicated by the vehicle's odometer at the
time of sale or transfer. However, if the vehicle owner has knowledge
that the mileage displayed on the odometer is incorrect, the owner
shall indicate on the appropriate form the true mileage, if known, of
the vehicle at the time of sale or transfer.
Providing false or inaccurate mileage is not a violation of this
subdivision unless it is done with the intent to defraud.
(c) If the registered owner is not in possession of the vehicle
that is sold or transferred, the person in physical possession of
that vehicle shall give the notice required by subdivisions (a) and
(b). If the registered owner sells or transfers the vehicle through a
dealer conducting a wholesale motor vehicle auction, the owner shall
furnish the information required by subdivisions (a) and (b) to that
dealer.
5901. (a) Every dealer or lessor-retailer, upon transferring by
sale, lease, or otherwise any vehicle, whether new or used, of a type
subject to registration under this code, shall, not later than the
end of the fifth calendar day thereafter not counting the day of
sale, give written notice of the transfer to the department at its
headquarters upon an appropriate form provided by it.
(b) Except as otherwise provided in this subdivision or in
subdivision (c), the dealer or lessor-retailer shall enter on the
form and pursuant to Section 32705(a) of Title 49 of the United
States Code, on the ownership certificate, the actual mileage of the
vehicle as indicated by the vehicle's odometer at the time of the
transfer. However, if the vehicle dealer or lessor-retailer has
knowledge that the mileage displayed on the odometer is incorrect,
the licensee shall indicate on the form on which the mileage is
entered that the mileage registered by the odometer is incorrect. A
vehicle dealer or lessor-retailer need not give the notice when
selling or transferring a new unregistered vehicle to a dealer or
lessor-retailer.
(c) When the dealer or lessor-retailer is not in possession of the
vehicle that is sold or transferred, the person in physical
possession of the vehicle shall give the information required by
subdivision (b).
(d) A sale is deemed completed and consummated when the purchaser
of the vehicle has paid the purchase price, or, in lieu thereof, has
signed a purchase contract or security agreement, and has taken
physical possession or delivery of the vehicle.
5902. Whenever any person has received as transferee a properly
endorsed certificate of ownership, that person shall, within 10 days
thereafter, forward the certificate with the proper transfer fee to
the department and thereby make application for a transfer of
registration. The certificate of ownership shall contain a space for
the applicant's driver's license or identification card number, and
the applicant shall furnish that number, if any, in the space
provided.
5902.5. Whenever any application for a registration transaction is
filed with the department during the 30 days immediately preceding
the date of expiration of registration of the vehicle, the
application shall be accompanied by the full renewal fees for the
ensuing registration year in addition to any other fees that are due
and payable.
5903. When the department receives a copy of the judgment of
abandonment and evidence of sale as specified in Section 798.61 of
the Civil Code, the department shall transfer the registration of the
trailer coach or recreational vehicle which has been deemed
abandoned pursuant to that section, or reregister the trailer coach
or vehicle under a new registration number, and issue a new
certificate of ownership and registration card to the person or
persons presenting the copy of the judgment of abandonment and
evidence of sale to the department.
5904. Whenever the ownership of any vehicle for which a certificate
of ownership has been issued without registration under Section 4452
is transferred, an application for transfer shall be made as
provided in this chapter.
5905. When a security interest upon a registered vehicle is
satisfied, canceled, or released by the parties thereto duly
registered as owner and legal owner respectively and thereafter
within a period of 10 days a new security agreement covering the
vehicle is executed between the same parties, no application for
transfer of registration by reason thereof shall be made and no new
certificate of ownership or registration card shall be issued, and
all provisions of this code relating to transfers of any title or
interest in a vehicle and the registration of the transfers shall be
deemed to have been fully complied with, and the new security
agreement shall be deemed perfected at the time the new security
agreement is executed.
5906. When the transferee of a vehicle is a dealer who holds the
same for resale and operates or moves the same upon the highways
under special plates, the dealer is not required to make application
for transfer, but upon transferring his title or interest to another
person he shall comply with this division.
5906.5. (a) Except as otherwise provided in subdivision (b), in the
case of any transfer, including, but not limited to, a transfer
resulting from a sale, lease, gift, or auction, of a vehicle under
6,001 pounds, manufacturer's maximum gross weight rating, where no
application for transfer is required, the person making such
transfer, or his authorized representative, shall sign and shall
record on the document evidencing the transfer of the vehicle the
actual mileage of the vehicle as indicated by the vehicle's odometer
at the time of the transfer. However, if the person making the
transfer, or his authorized representative, has knowledge that the
mileage displayed on the odometer is incorrect, such person shall
record on the document the true mileage, if known, of the vehicle at
the time of transfer.
(b) Whenever the person making such transfer is not in possession
of the vehicle that is transferred, the person in physical possession
of such vehicle shall provide the information required by
subdivision (a).
5907. A secured party who holds a security interest in a registered
vehicle that constitutes inventory as defined in the Uniform
Commercial Code, who has possession of the certificate of ownership
issued for that vehicle, if the certificate of ownership has been
issued, need not make application for a transfer of registration and
the Uniform Commercial Code shall exclusively control the validity
and perfection of that security interest. This section does not apply
to the extent that subdivisions (a) to (c), inclusive, of Section
9311 of the Uniform Commercial Code apply to a security interest,
because the transaction is not described in subdivision (d) of
Section 9311 of that code.
5908. The transferee of a security interest in a registered vehicle
need not make application for a transfer of registration when the
interest of such transferee arises from a transfer of a security
agreement or a lease agreement by the legal owner to the transferee
to secure payment or performance of an obligation, and the Uniform
Commercial Code shall exclusively control the validity and perfection
of such a security interest.
5909. (a) Whenever the title or interest of any owner or legal
owner in or to a vehicle registered under this code passes to another
otherwise than by voluntary transfer the new owner or legal owner
may obtain a transfer of registration upon application therefor and
upon presentation of the last certificate of ownership and
registration card issued for the vehicle, if available, and any
instruments or documents of authority or certified copies thereof as
may be required by the department, or required by law, to evidence or
effect a transfer of title or interest in or to chattels in such
case.
(b) The department when satisfied of the genuineness and
regularity of the transfer shall give notice by mail to the owner and
legal owner of the vehicle as shown by the records of the department
and five days after the giving of the notice, if still satisfied of
the genuineness and regularity of such transfer, shall transfer the
registration of the vehicle accordingly. Such notice shall not be
required for a transfer described in Section 5601.
5910. (a) Upon the death of an owner or legal owner of a vehicle
registered under this code, without the decedent leaving other
property necessitating probate, and irrespective of the value of the
vehicle, the following person or persons may secure transfer of
registration of the title or interest of the decedent:
(1) The sole person or all of the persons who succeeded to the
property of the decedent under Sections 6401 and 6402 of the Probate
Code unless the vehicle is, by will, otherwise bequeathed.
(2) The sole beneficiary or all of the beneficiaries who succeeded
to 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 transfer
of registration of the title or interest of the decedent upon
presenting to the department all of the following:
(1) The appropriate certificate of ownership and registration
card, if available.
(2) A certificate of the heir or beneficiary under penalty of
perjury containing the following statements:
(A) The date and place of the decedent's death.
(B) The decedent left no other property necessitating probate and
no probate proceeding is now being or has been conducted in this
state for the decedent's estate.
(C) The declarant is entitled to the vehicle either (i) as the
sole person or all of the persons who succeeded to the property of
the decedent under Sections 6401 and 6402 of the Probate Code if the
decedent left no will or (ii) as the beneficiary or beneficiaries
under the decedent's last will if the decedent left a will, and no
one has a right to the decedent's vehicle that is superior to that of
the declarant.
(D) There are no unsecured creditors of the decedent or, if there
are, the unsecured creditors of the decedent have been paid in full
or their claims have been otherwise discharged.
(3) If required by the department, a certificate of the death of
the decedent.
(4) If required by the department, the names and addresses of any
other heirs or beneficiaries.
(c) If the department is presented with the documents specified in
paragraphs (1) and (2) of subdivision (b), no liability shall be
incurred by the department or any officer or employee of the
department by reason of the transfer of registration of the vehicle
pursuant to this section. The department or officer or employee of
the department may rely in good faith on the statements in the
certificate specified in paragraph (2) of subdivision (b) and has no
duty to inquire into the truth of any statement in the certificate.
The person who secures the transfer of the vehicle pursuant to this
section is subject to the provisions of Sections 13109 to 13113,
inclusive, of the Probate Code to the same extent as a person to whom
transfer of property is made under Chapter 3 (commencing with
Section 13100) of Part 1 of Division 8 of the Probate Code.
(d) The department may prescribe a combined form for use under
this section and Section 9916.
5910.5. (a) On death of the owner of a vehicle owned in beneficiary
form, the vehicle belongs to the surviving beneficiary, if any. If
there is no surviving beneficiary, the vehicle belongs to the estate
of the deceased owner or of the last coowner to die.
(b) A certificate of ownership in beneficiary form may be revoked
or the beneficiary changed at any time before the death of the owner
by either of the following methods:
(1) By sale of the vehicle with proper assignment and delivery of
the certificate of ownership to another person.
(2) By application for a new certificate of ownership without
designation of a beneficiary or with the designation of a different
beneficiary.
(c) Except as provided in subdivision (b), designation of a
beneficiary in a certificate of ownership issued in beneficiary form
may not be changed or revoked by will, by any other instrument, by a
change of circumstances, or otherwise.
(d) The beneficiary's interest in the vehicle at death of the
owner is subject to any contract of sale, assignment, or security
interest to which the owner was subject during his or her lifetime.
(e) The surviving beneficiary may secure a transfer of ownership
for the vehicle upon presenting to the department all of the
following:
(1) The appropriate certificate of ownership.
(2) A certificate under penalty of perjury stating the date and
place of the owner's death and that the declarant is entitled to the
vehicle as the designated beneficiary.
(3) If required by the department, a certificate of the death of
the owner.
(f) After the death of the owner, the surviving beneficiary may
transfer his or her interest in the vehicle to another person without
securing transfer of ownership into his or her own name by
appropriately signing the certificate of ownership for the vehicle
and delivering the document to the transferee for forwarding to the
department with appropriate fees. The transferee may secure a
transfer of ownership upon presenting to the department (1) the
certificate of ownership signed by the beneficiary, (2) the
certificate described in paragraph (2) of subdivision (e) executed by
the beneficiary under penalty of perjury; and (3) if required by the
department, a certificate of death of the owner.
(g) A transfer at death pursuant to this section is effective by
reason of this section, and shall not be deemed to be a testamentary
disposition of property. The right of the designated beneficiary to
the vehicle shall not be denied, abridged, or affected on the grounds
that the right has not been created by a writing executed in
accordance with the laws of this state prescribing the requirements
to effect a valid testamentary disposition of property.
(h) A transfer at death pursuant to this section is subject to
Section 9653 of the Probate Code.
(i) If there is no surviving beneficiary, the person or persons
described in Section 5910 may secure transfer of the vehicle as
provided in that section.
(j) The department may prescribe forms for use pursuant to this
section.
5910.7. (a) If the department makes a transfer pursuant to Section
5910.5, the department is discharged from all liability, whether or
not the transfer is consistent with the beneficial ownership of the
vehicle transferred.
(b) The protection provided by subdivision (a) does not extend to
a transfer made after the department has been served with a court
order restraining the transfer. No other notice or information shown
to have been available to the department shall affect its right to
the protection afforded by subdivision (a).
(c) The protection provided by this section has no bearing on the
rights of parties in disputes between themselves or their successors
concerning the beneficial ownership of the vehicle.
(d) The protection provided by this section is in addition to, and
not exclusive of, any other protection provided to the department by
any other provision of law.
5911. Whenever application is made to the department for a transfer
of registration of a vehicle to a new owner or legal owner and the
applicant is unable to present the certificate of ownership issued
for the vehicle by reason of the same being lost or otherwise not
available, the department may receive the application and examine
into the circumstances of the case and may require the filing of
certifications or other information, and when the department is
satisfied that the applicant is entitled to a transfer of
registration the department may transfer the registration of the
vehicle, or reregister the vehicle under a new registration number,
and issue a new certificate of ownership and registration card to the
person or persons found to be entitled thereto. The department,
however, shall not issue a new certificate of ownership and
registration card to the applicant if the department has received
notice by registered or certified mail in which it is indicated that
the existing ownership certificate is being held for nonpayment of
the vehicle. The notice may be forwarded by the registered owner,
recorded lienholder, or by a person exempted from recording ownership
by Section 5906.
5912. Whenever application is made to the department for a transfer
of registration of a vehicle to a new owner or legal owner and the
applicant is unable to present the registration card issued for the
vehicle by reason of the same being in the possession of the
department upon an application for renewal of registration, the
department may transfer the registration of such vehicle upon
production of the properly endorsed certificate of ownership to the
vehicle and a temporary receipt upon a form prescribed by the
department and containing such information as the department shall
deem necessary, including, but not limited to, the license number
assigned to the vehicle for the ensuing registration year, the amount
of the fees payable upon renewal of registration, and the vehicle
identification number of the vehicle.
5900. (a) Whenever the owner of a vehicle registered under this
code sells or transfers his or her title or interest in, and delivers
the possession of, the vehicle to another, the owner shall, within
five calendar days, notify the department of the sale or transfer
giving the date thereof, the name and address of the owner and of the
transferee, and the description of the vehicle that is required in
the appropriate form provided for that purpose by the department.
(b) Except as otherwise provided in subdivision (c), pursuant to
subsection (a) of Section 32705 of Title 49 of the United States
Code, the owner shall also notify the department of the actual
mileage of the vehicle as indicated by the vehicle's odometer at the
time of sale or transfer. However, if the vehicle owner has knowledge
that the mileage displayed on the odometer is incorrect, the owner
shall indicate on the appropriate form the true mileage, if known, of
the vehicle at the time of sale or transfer.
Providing false or inaccurate mileage is not a violation of this
subdivision unless it is done with the intent to defraud.
(c) If the registered owner is not in possession of the vehicle
that is sold or transferred, the person in physical possession of
that vehicle shall give the notice required by subdivisions (a) and
(b). If the registered owner sells or transfers the vehicle through a
dealer conducting a wholesale motor vehicle auction, the owner shall
furnish the information required by subdivisions (a) and (b) to that
dealer.
5901. (a) Every dealer or lessor-retailer, upon transferring by
sale, lease, or otherwise any vehicle, whether new or used, of a type
subject to registration under this code, shall, not later than the
end of the fifth calendar day thereafter not counting the day of
sale, give written notice of the transfer to the department at its
headquarters upon an appropriate form provided by it.
(b) Except as otherwise provided in this subdivision or in
subdivision (c), the dealer or lessor-retailer shall enter on the
form and pursuant to Section 32705(a) of Title 49 of the United
States Code, on the ownership certificate, the actual mileage of the
vehicle as indicated by the vehicle's odometer at the time of the
transfer. However, if the vehicle dealer or lessor-retailer has
knowledge that the mileage displayed on the odometer is incorrect,
the licensee shall indicate on the form on which the mileage is
entered that the mileage registered by the odometer is incorrect. A
vehicle dealer or lessor-retailer need not give the notice when
selling or transferring a new unregistered vehicle to a dealer or
lessor-retailer.
(c) When the dealer or lessor-retailer is not in possession of the
vehicle that is sold or transferred, the person in physical
possession of the vehicle shall give the information required by
subdivision (b).
(d) A sale is deemed completed and consummated when the purchaser
of the vehicle has paid the purchase price, or, in lieu thereof, has
signed a purchase contract or security agreement, and has taken
physical possession or delivery of the vehicle.
5902. Whenever any person has received as transferee a properly
endorsed certificate of ownership, that person shall, within 10 days
thereafter, forward the certificate with the proper transfer fee to
the department and thereby make application for a transfer of
registration. The certificate of ownership shall contain a space for
the applicant's driver's license or identification card number, and
the applicant shall furnish that number, if any, in the space
provided.
5902.5. Whenever any application for a registration transaction is
filed with the department during the 30 days immediately preceding
the date of expiration of registration of the vehicle, the
application shall be accompanied by the full renewal fees for the
ensuing registration year in addition to any other fees that are due
and payable.
5903. When the department receives a copy of the judgment of
abandonment and evidence of sale as specified in Section 798.61 of
the Civil Code, the department shall transfer the registration of the
trailer coach or recreational vehicle which has been deemed
abandoned pursuant to that section, or reregister the trailer coach
or vehicle under a new registration number, and issue a new
certificate of ownership and registration card to the person or
persons presenting the copy of the judgment of abandonment and
evidence of sale to the department.
5904. Whenever the ownership of any vehicle for which a certificate
of ownership has been issued without registration under Section 4452
is transferred, an application for transfer shall be made as
provided in this chapter.
5905. When a security interest upon a registered vehicle is
satisfied, canceled, or released by the parties thereto duly
registered as owner and legal owner respectively and thereafter
within a period of 10 days a new security agreement covering the
vehicle is executed between the same parties, no application for
transfer of registration by reason thereof shall be made and no new
certificate of ownership or registration card shall be issued, and
all provisions of this code relating to transfers of any title or
interest in a vehicle and the registration of the transfers shall be
deemed to have been fully complied with, and the new security
agreement shall be deemed perfected at the time the new security
agreement is executed.
5906. When the transferee of a vehicle is a dealer who holds the
same for resale and operates or moves the same upon the highways
under special plates, the dealer is not required to make application
for transfer, but upon transferring his title or interest to another
person he shall comply with this division.
5906.5. (a) Except as otherwise provided in subdivision (b), in the
case of any transfer, including, but not limited to, a transfer
resulting from a sale, lease, gift, or auction, of a vehicle under
6,001 pounds, manufacturer's maximum gross weight rating, where no
application for transfer is required, the person making such
transfer, or his authorized representative, shall sign and shall
record on the document evidencing the transfer of the vehicle the
actual mileage of the vehicle as indicated by the vehicle's odometer
at the time of the transfer. However, if the person making the
transfer, or his authorized representative, has knowledge that the
mileage displayed on the odometer is incorrect, such person shall
record on the document the true mileage, if known, of the vehicle at
the time of transfer.
(b) Whenever the person making such transfer is not in possession
of the vehicle that is transferred, the person in physical possession
of such vehicle shall provide the information required by
subdivision (a).
5907. A secured party who holds a security interest in a registered
vehicle that constitutes inventory as defined in the Uniform
Commercial Code, who has possession of the certificate of ownership
issued for that vehicle, if the certificate of ownership has been
issued, need not make application for a transfer of registration and
the Uniform Commercial Code shall exclusively control the validity
and perfection of that security interest. This section does not apply
to the extent that subdivisions (a) to (c), inclusive, of Section
9311 of the Uniform Commercial Code apply to a security interest,
because the transaction is not described in subdivision (d) of
Section 9311 of that code.
5908. The transferee of a security interest in a registered vehicle
need not make application for a transfer of registration when the
interest of such transferee arises from a transfer of a security
agreement or a lease agreement by the legal owner to the transferee
to secure payment or performance of an obligation, and the Uniform
Commercial Code shall exclusively control the validity and perfection
of such a security interest.
5909. (a) Whenever the title or interest of any owner or legal
owner in or to a vehicle registered under this code passes to another
otherwise than by voluntary transfer the new owner or legal owner
may obtain a transfer of registration upon application therefor and
upon presentation of the last certificate of ownership and
registration card issued for the vehicle, if available, and any
instruments or documents of authority or certified copies thereof as
may be required by the department, or required by law, to evidence or
effect a transfer of title or interest in or to chattels in such
case.
(b) The department when satisfied of the genuineness and
regularity of the transfer shall give notice by mail to the owner and
legal owner of the vehicle as shown by the records of the department
and five days after the giving of the notice, if still satisfied of
the genuineness and regularity of such transfer, shall transfer the
registration of the vehicle accordingly. Such notice shall not be
required for a transfer described in Section 5601.
5910. (a) Upon the death of an owner or legal owner of a vehicle
registered under this code, without the decedent leaving other
property necessitating probate, and irrespective of the value of the
vehicle, the following person or persons may secure transfer of
registration of the title or interest of the decedent:
(1) The sole person or all of the persons who succeeded to the
property of the decedent under Sections 6401 and 6402 of the Probate
Code unless the vehicle is, by will, otherwise bequeathed.
(2) The sole beneficiary or all of the beneficiaries who succeeded
to 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 transfer
of registration of the title or interest of the decedent upon
presenting to the department all of the following:
(1) The appropriate certificate of ownership and registration
card, if available.
(2) A certificate of the heir or beneficiary under penalty of
perjury containing the following statements:
(A) The date and place of the decedent's death.
(B) The decedent left no other property necessitating probate and
no probate proceeding is now being or has been conducted in this
state for the decedent's estate.
(C) The declarant is entitled to the vehicle either (i) as the
sole person or all of the persons who succeeded to the property of
the decedent under Sections 6401 and 6402 of the Probate Code if the
decedent left no will or (ii) as the beneficiary or beneficiaries
under the decedent's last will if the decedent left a will, and no
one has a right to the decedent's vehicle that is superior to that of
the declarant.
(D) There are no unsecured creditors of the decedent or, if there
are, the unsecured creditors of the decedent have been paid in full
or their claims have been otherwise discharged.
(3) If required by the department, a certificate of the death of
the decedent.
(4) If required by the department, the names and addresses of any
other heirs or beneficiaries.
(c) If the department is presented with the documents specified in
paragraphs (1) and (2) of subdivision (b), no liability shall be
incurred by the department or any officer or employee of the
department by reason of the transfer of registration of the vehicle
pursuant to this section. The department or officer or employee of
the department may rely in good faith on the statements in the
certificate specified in paragraph (2) of subdivision (b) and has no
duty to inquire into the truth of any statement in the certificate.
The person who secures the transfer of the vehicle pursuant to this
section is subject to the provisions of Sections 13109 to 13113,
inclusive, of the Probate Code to the same extent as a person to whom
transfer of property is made under Chapter 3 (commencing with
Section 13100) of Part 1 of Division 8 of the Probate Code.
(d) The department may prescribe a combined form for use under
this section and Section 9916.
5910.5. (a) On death of the owner of a vehicle owned in beneficiary
form, the vehicle belongs to the surviving beneficiary, if any. If
there is no surviving beneficiary, the vehicle belongs to the estate
of the deceased owner or of the last coowner to die.
(b) A certificate of ownership in beneficiary form may be revoked
or the beneficiary changed at any time before the death of the owner
by either of the following methods:
(1) By sale of the vehicle with proper assignment and delivery of
the certificate of ownership to another person.
(2) By application for a new certificate of ownership without
designation of a beneficiary or with the designation of a different
beneficiary.
(c) Except as provided in subdivision (b), designation of a
beneficiary in a certificate of ownership issued in beneficiary form
may not be changed or revoked by will, by any other instrument, by a
change of circumstances, or otherwise.
(d) The beneficiary's interest in the vehicle at death of the
owner is subject to any contract of sale, assignment, or security
interest to which the owner was subject during his or her lifetime.
(e) The surviving beneficiary may secure a transfer of ownership
for the vehicle upon presenting to the department all of the
following:
(1) The appropriate certificate of ownership.
(2) A certificate under penalty of perjury stating the date and
place of the owner's death and that the declarant is entitled to the
vehicle as the designated beneficiary.
(3) If required by the department, a certificate of the death of
the owner.
(f) After the death of the owner, the surviving beneficiary may
transfer his or her interest in the vehicle to another person without
securing transfer of ownership into his or her own name by
appropriately signing the certificate of ownership for the vehicle
and delivering the document to the transferee for forwarding to the
department with appropriate fees. The transferee may secure a
transfer of ownership upon presenting to the department (1) the
certificate of ownership signed by the beneficiary, (2) the
certificate described in paragraph (2) of subdivision (e) executed by
the beneficiary under penalty of perjury; and (3) if required by the
department, a certificate of death of the owner.
(g) A transfer at death pursuant to this section is effective by
reason of this section, and shall not be deemed to be a testamentary
disposition of property. The right of the designated beneficiary to
the vehicle shall not be denied, abridged, or affected on the grounds
that the right has not been created by a writing executed in
accordance with the laws of this state prescribing the requirements
to effect a valid testamentary disposition of property.
(h) A transfer at death pursuant to this section is subject to
Section 9653 of the Probate Code.
(i) If there is no surviving beneficiary, the person or persons
described in Section 5910 may secure transfer of the vehicle as
provided in that section.
(j) The department may prescribe forms for use pursuant to this
section.
5910.7. (a) If the department makes a transfer pursuant to Section
5910.5, the department is discharged from all liability, whether or
not the transfer is consistent with the beneficial ownership of the
vehicle transferred.
(b) The protection provided by subdivision (a) does not extend to
a transfer made after the department has been served with a court
order restraining the transfer. No other notice or information shown
to have been available to the department shall affect its right to
the protection afforded by subdivision (a).
(c) The protection provided by this section has no bearing on the
rights of parties in disputes between themselves or their successors
concerning the beneficial ownership of the vehicle.
(d) The protection provided by this section is in addition to, and
not exclusive of, any other protection provided to the department by
any other provision of law.
5911. Whenever application is made to the department for a transfer
of registration of a vehicle to a new owner or legal owner and the
applicant is unable to present the certificate of ownership issued
for the vehicle by reason of the same being lost or otherwise not
available, the department may receive the application and examine
into the circumstances of the case and may require the filing of
certifications or other information, and when the department is
satisfied that the applicant is entitled to a transfer of
registration the department may transfer the registration of the
vehicle, or reregister the vehicle under a new registration number,
and issue a new certificate of ownership and registration card to the
person or persons found to be entitled thereto. The department,
however, shall not issue a new certificate of ownership and
registration card to the applicant if the department has received
notice by registered or certified mail in which it is indicated that
the existing ownership certificate is being held for nonpayment of
the vehicle. The notice may be forwarded by the registered owner,
recorded lienholder, or by a person exempted from recording ownership
by Section 5906.
5912. Whenever application is made to the department for a transfer
of registration of a vehicle to a new owner or legal owner and the
applicant is unable to present the registration card issued for the
vehicle by reason of the same being in the possession of the
department upon an application for renewal of registration, the
department may transfer the registration of such vehicle upon
production of the properly endorsed certificate of ownership to the
vehicle and a temporary receipt upon a form prescribed by the
department and containing such information as the department shall
deem necessary, including, but not limited to, the license number
assigned to the vehicle for the ensuing registration year, the amount
of the fees payable upon renewal of registration, and the vehicle
identification number of the vehicle.
