Bill Text: CA AB2197 | 2013-2014 | Regular Session | Amended
Bill Title: Vehicles: temporary license plates.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-05-23 - In committee: Set, second hearing. Held under submission. [AB2197 Detail]
Download: California-2013-AB2197-Amended.html
BILL NUMBER: AB 2197 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 23, 2014
AMENDED IN ASSEMBLY APRIL 10, 2014
INTRODUCED BY Assembly Member Mullin
(Coauthors: Assembly Members Bonta, Levine, Ting, and Wieckowski)
FEBRUARY 20, 2014
An act to amend Sections 4456.5 and 4463 of, to amend, repeal, and
add Sections 4456, 5201, 5202, 5901, and 40610 of, and to add
Sections 1686 and 4456.6 to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2197, as amended, Mullin. Vehicles: temporary license plates.
Existing law requires the Department of Motor Vehicles (DMV), upon
registering a vehicle, to issue to the owner 2 license plates, as
specified. Existing law also requires that the license plates be
securely fastened to the vehicle for which they are issued, and makes
a violation of this requirement a crime.
Existing law requires vehicle dealers and lessor-retailers to
attach numbered report-of-sale forms issued by the DMV to a vehicle
at the time of sale, and to submit to the DMV an application for
registration of the vehicle, and the applicable fees, within a
specified period after the date of sale.
This bill would require the DMV to issue a request for
proposals on or before April 1, 2015, contract with a
private industry partner for the development of a temporary
license plate system that would become operational on or
before July 1, 2015, and that would to enable
vehicle dealers and lessor-retailers to print temporary license
plates on weatherproof paper or other media selected by the DMV. The
bill would require the DMV to ensure that the system is
operational on or before January 1, 2016.
This bill would also require , commencing January
1, 2016, a motor vehicle dealer or lessor-retailer to install
temporary license plates at the time of sale, and to electronically
record and transmit certain information to the temporary license
plate system, including the temporary license plates' number and
vehicle's make and model. The bill would authorize vehicle dealers
and the DMV to impose fees for temporary license plate processing, as
specified. The bill would make failure to display temporary license
plates an infraction, and would make counterfeiting a temporary
license plate a felony, as specified. By creating a new crime and
expanding the scope of an existing crime, this bill would impose a
state-mandated local program. The bill would make the
operation of these requirements and criminal penalties contingent
upon the temporary license plate system becoming operational.
The bill would also make other related and conforming
changes.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) California is one of the few states in the nation where a
purchaser may lawfully leave the motor vehicle dealership after
buying a new vehicle with no uniquely identifiable license plate
mounted on the vehicle.
(b) State law permits a vehicle to be driven for up to 90 days
before it must be registered with permanent license plates mounted on
the vehicle.
(c) While state law requires that a vehicle owner install
permanent license plates on a vehicle upon receipt of those plates,
law enforcement cannot readily determine from a distance the date by
which a vehicle should have its plates installed.
(d) The lack of license plates on hundreds of thousands of
vehicles across the state is a threat to public safety as it hampers
the ability of law enforcement to solve crimes, identify stolen
vehicles, and locate wanted persons and vehicles using modern
technology, such as automated license plate readers, surveillance
cameras, or photo enforcement systems.
(e) The lack of temporary license plates is also the greatest
cause of toll evasion in California. In the 2012-13 fiscal year,
California's toll roads and bridges lost approximately $12 million in
uncollected tolls from drivers who evaded tolls by driving vehicles
without license plates.
(f) In 2011, the Legislature enacted Assembly Bill 1215, which
requires all new motor vehicle dealerships to participate in the
Business Partner Automation Program and to conduct all vehicle
registrations and related transactions electronically.
(g) Electronic vehicle registration results in faster delivery of
license plates to vehicle owners, but hundreds of thousands of
vehicles continue to be driven each day on the roads and highways
without license plates.
(h) To improve public safety and reduce toll evasion, the
Legislature intends to further expand the Business Partner Automation
Program to establish a statewide temporary license plate program
under which every vehicle sold in California without permanent
license plates attached will be equipped with temporary license
plates that bear a unique identification number and expiration date,
and that will be placed in the license plate location on the front
and rear of the vehicle.
SEC. 2. Section 1686 is added to the Vehicle Code, to read:
1686. (a) The department shall , on or before April 1,
2015, issue a request for proposals for the development of a
temporary license plate system that shall become
contract with a private industry partner for the development of a
temporary license plate sys tem, and shall ensure that the
system becomes operational on or before July 1, 2015,
and that January 1, 2016. The temporary license plate
system shall enable vehicle dealers and lessor-retailers and
any other similar entities authorized by the department pursuant to
regulation to print temporary license plates on weatherproof paper or
other media selected by the department pursuant to subdivision (d)
of Section 4456.6, using a standard laser printer at the point of
sale. A system user shall electronically record and transmit to the
temporary license plate system the vehicle and owner identification
information required by Section 4456.6.
(b) The department shall issue a request for proposals for the
development of the temporary license plate system on or before April
1, 2015.
(b)
(c) The department may impose a fee on vehicle dealers
and lessor-retailers for processing temporary license plates that
does not exceed the reasonable costs to the department of procuring
and maintaining the system.
(c)
(d) (1) Access to the temporary license plate system
shall be restricted to authorized users of the department's vehicle
registration database.
(2) The temporary license plate system shall be designed to allow
access by law enforcement officers from their vehicles using the
California Law Enforcement Telecommunications System.
(3) Access to the temporary license plate system shall be provided
only by first-line service providers, as defined in subdivision (b)
of Section 1685, that are authorized by the department to provide
access to the system.
(d)
(e) The temporary license plate system shall transmit
vehicle, temporary plate license number, and ownership information to
the department's vehicle registration database within two working
days.
(e)
(f) A dealer or lessor-retailer shall issue temporary
license plates at the point of sale of any vehicle that is sold
without permanent license plates mounted on the vehicle.
(f) Any requirement or criminal penalty related to the use of the
temporary license plate system and temporary license plates shall be
contingent upon the temporary license plate system becoming
operative, including, but not limited to, the requirements and
penalties set forth in Sections 4456, 4456.6, 5201, 5202, and 40610.
SEC. 3. Section 4456 of the Vehicle Code is amended to read:
4456. (a) When selling a vehicle, dealers and lessor-retailers
shall use numbered report-of-sale forms issued by the department. The
forms shall be used in accordance with the following terms and
conditions:
(1) The dealer or lessor-retailer shall attach for display a copy
of the report of sale on the vehicle before the vehicle is delivered
to the purchaser.
(2) The dealer or lessor-retailer shall submit to the department
an application accompanied by all fees and penalties due for
registration or transfer of registration of the vehicle within 30
days from the date of sale, as provided in subdivision (c) of Section
9553, if the vehicle is a used vehicle, and 20 days if the vehicle
is a new vehicle. Penalties due for noncompliance with this paragraph
shall be paid by the dealer or lessor-retailer. The dealer or
lessor-retailer shall not charge the purchaser for the penalties.
(3) As part of an application to transfer registration of a used
vehicle, the dealer or lessor-retailer shall include all of the
following information on the certificate of title, application for a
duplicate certificate of title, or form prescribed by the department:
(A) Date of sale and report of sale number.
(B) Purchaser's name and address.
(C) Dealer's name, address, number, and signature or signature of
authorized agent.
(D) Salesperson number.
(4) If the department returns an application and the application
was first received by the department within 30 days of the date of
sale of the vehicle if the vehicle is a used vehicle, and 20 days if
the vehicle is a new vehicle, the dealer or lessor-retailer shall
submit a corrected application to the department within 50 days from
the date of sale of the vehicle if the vehicle is a used vehicle, and
40 days if the vehicle is a new vehicle, or within 30 days from the
date that the application is first returned by the department if the
vehicle is a used vehicle, and 20 days if the vehicle is a new
vehicle, whichever is later.
(5) If the department returns an application and the application
was first received by the department more than 30 days from the date
of sale of the vehicle if the vehicle is a used vehicle, and 20 days
if the vehicle is a new vehicle, the dealer or lessor-retailer shall
submit a corrected application to the department within 50 days from
the date of sale of the vehicle if the vehicle is a used vehicle, and
40 days if the vehicle is a new vehicle.
(6) An application first received by the department more than 50
days from the date of sale of the vehicle if the vehicle is a used
vehicle, and 40 days if the vehicle is a new vehicle, is subject to
the penalties specified in subdivisions (a) and (b) of Section
4456.1.
(7) The dealer or lessor-retailer shall report the sale pursuant
to Section 5901.
(b) (1) A transfer that takes place through a dealer conducting a
wholesale vehicle auction shall be reported to the department by that
dealer on a single form approved by the department. The completed
form shall contain, at a minimum, all of the following information:
(A) The name and address of the seller.
(B) The seller's dealer number, if applicable.
(C) The date of delivery to the dealer conducting the auction.
(D) The actual mileage of the vehicle as indicated by the vehicle'
s odometer at the time of delivery to the dealer conducting the
auction.
(E) The name, address, and occupational license number of the
dealer conducting the auction.
(F) The name, address, and occupational license number of the
buyer.
(G) The signature of the dealer conducting the auction.
(2) Submission of the completed form specified in paragraph (1) to
the department shall fully satisfy the requirements of subdivision
(a) and subdivision (a) of Section 5901 with respect to the dealer
selling at auction and the dealer conducting the auction.
(3) The single form required by this subdivision does not relieve
a dealer of any obligation or responsibility that is required by any
other provision of law.
(c) A vehicle displaying a copy of the report of sale may be
operated without license plates or registration card until either of
the following, whichever occurs first:
(1) The license plates and registration card are received by the
purchaser.
(2) A 90-day period, commencing with the date of sale of the
vehicle, has expired.
(d) This section shall become inoperative on the date that the
temporary license plate system described in Section 1686 becomes
operational and the director prominently posts a declaration to that
effect on the department's Internet Web site, and is repealed on
January 1 of the following year.
(d) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 4. Section 4456 is added to the Vehicle Code, to read:
4456. (a) When selling a vehicle, dealers and lessor-retailers
shall use numbered report-of-sale forms issued by the department. The
forms shall be used in accordance with the following terms and
conditions:
(1) The dealer or lessor-retailer shall attach for display a copy
of the report of sale on the vehicle before the vehicle is delivered
to the purchaser.
(2) The dealer or lessor-retailer shall submit to the department
an application accompanied by all fees and penalties due for
registration or transfer of registration of the vehicle within 30
days from the date of sale, as provided in subdivision (c) of Section
9553, if the vehicle is a used vehicle, and 20 days if the vehicle
is a new vehicle. Penalties due for noncompliance with this paragraph
shall be paid by the dealer or lessor-retailer. The dealer or
lessor-retailer shall not charge the purchaser for the penalties.
(3) As part of an application to transfer registration of a used
vehicle, the dealer or lessor-retailer shall include all of the
following information on the certificate of title, application for a
duplicate certificate of title, or form prescribed by the department:
(A) Date of sale and report of sale number.
(B) Purchaser's name and address.
(C) Dealer's name, address, number, and signature or signature of
authorized agent.
(D) Salesperson number.
(4) If the department returns an application and the application
was first received by the department within 30 days of the date of
sale of the vehicle if the vehicle is a used vehicle, and 20 days if
the vehicle is a new vehicle, the dealer or lessor-retailer shall
submit a corrected application to the department within 50 days from
the date of sale of the vehicle if the vehicle is a used vehicle, and
40 days if the vehicle is a new vehicle, or within 30 days from the
date that the application is first returned by the department if the
vehicle is a used vehicle, and 20 days if the vehicle is a new
vehicle, whichever is later.
(5) If the department returns an application and the application
was first received by the department more than 30 days from the date
of sale of the vehicle if the vehicle is a used vehicle, and 20 days
if the vehicle is a new vehicle, the dealer or lessor-retailer shall
submit a corrected application to the department within 50 days from
the date of sale of the vehicle if the vehicle is a used vehicle, and
40 days if the vehicle is a new vehicle.
(6) An application first received by the department more than 50
days from the date of sale of the vehicle if the vehicle is a used
vehicle, and 40 days if the vehicle is a new vehicle, is subject to
the penalties specified in subdivisions (a) and (b) of Section
4456.1.
(7) The dealer or lessor-retailer shall report the sale pursuant
to Section 5901.
(b) (1) A transfer that takes place through a dealer conducting a
wholesale vehicle auction shall be reported to the department by that
dealer on a single form approved by the department. The completed
form shall contain, at a minimum, all of the following information:
(A) The name and address of the seller.
(B) The seller's dealer number, if applicable.
(C) The date of delivery to the dealer conducting the auction.
(D) The actual mileage of the vehicle as indicated by the vehicle'
s odometer at the time of delivery to the dealer conducting the
auction.
(E) The name, address, and occupational license number of the
dealer conducting the auction.
(F) The name, address, and occupational license number of the
buyer.
(G) The signature of the dealer conducting the auction.
(2) Submission of the completed form specified in paragraph (1) to
the department shall fully satisfy the requirements of subdivision
(a) of this section and subdivision (a) of Section 5901 with respect
to the dealer selling at auction and the dealer conducting the
auction.
(3) The single form required by this subdivision does not relieve
a dealer of any obligation or responsibility that is required by any
other provision of law.
(c) The dealer or lessor-retailer shall affix a temporary license
plate to the front and rear of any vehicle sold without a permanent
license plate attached to the vehicle at the time of sale. A vehicle
displaying a temporary license plate may be operated without
permanent license plates or registration card until either of the
following, whichever occurs first:
(1) The permanent license plates and registration card are
received by the purchaser.
(2) A 90-day period, commencing with the date of sale of the
vehicle, has expired.
(d) This section shall become operative on the date that
the temporary license plate system described in Section 1686 becomes
operational and the director prominently posts a declaration to that
effect on the department's Internet Web site. January
1, 2016.
SEC. 5. Section 4456.5 of the Vehicle Code is amended to read:
4456.5. (a) A dealer may charge the purchaser or lessee of a
vehicle the following charges:
(1) A document processing charge for the preparation and
processing of documents, disclosures, and titling, registration, and
information security obligations imposed by state and federal law.
The dealer document processing charge shall not be represented as a
governmental fee.
(A) If a dealer has a contractual agreement with the department to
be a private industry partner pursuant to Section 1685, the document
processing charge shall not exceed eighty dollars ($80).
(B) If a dealer does not have a contractual agreement with the
department to be a private industry partner pursuant to Section 1685,
the document processing charge shall not exceed sixty-five dollars
($65).
(2) An electronic filing charge, not to exceed the actual amount
the dealer is charged by a first-line service provider for providing
license plate processing, postage, and the fees and services
authorized pursuant to subdivisions (a) and (d) of Section 1685. The
director may establish, through the adoption of regulations, the
maximum amount that a first-line service provider may charge a
dealer. The electronic filing charge shall not be represented as a
governmental fee.
(3) A temporary license plate processing charge that does not
exceed the applicable maximum amount established by the department
through the adoption of regulations. The department may adopt
different maximum amounts for dealers that have contractual
agreements with the department to be private industry partners
pursuant to Section 1685 and those that do not, but any maximum
amount established by the department shall be reasonably related to
the costs of providing these services.
(b) As used in this section, the term "first-line service provider"
shall have the same meaning as defined in subdivision (b) of Section
1685.
SEC. 6. Section 4456.6 is added to the Vehicle Code, to read:
4456.6. (a) A motor vehicle dealer shall, at the point of sale,
install a temporary license plate in the front and rear license plate
holder of a vehicle sold without permanent license plates. The
dealer shall electronically record the temporary license plates'
number, vehicle identification number, vehicle make, model, and year,
and vehicle owner's name and address using an electronic program
provided by a first-line service provider, as defined in subdivision
(b) of Section 1685. An independent dealer that does not have a
contractual agreement with the department to be a private industry
partner shall utilize a first-line service provider to access the
temporary license plate system.
(b) The temporary license plate is valid for up to 45 days. A
temporary license plate may be reissued for the same vehicle by the
motor vehicle dealer or the department for an additional 45-day
period.
(c) A temporary license plate shall contain, at a minimum, all of
the following:
(1) A unique identification number.
(2) The expiration date of the temporary license plate.
(3) The vehicle's make and model.
(d) The department shall designate specifications for the paper or
other media upon which the temporary license plate is printed and
any other requirements to prevent tampering and counterfeiting. The
paper or other media shall be weatherproof so that it maintains its
structural integrity, including graphic and data adhesion, in all
weather conditions for up to 45 days after being placed on the
vehicle.
(e) The unique identification number shall be printed in black ink
on white paper or other media consistent with standards adopted by
the department that provide optimal readability by law enforcement
and automated license plate recognition systems.
(f) The temporary license plates may include the name of the
dealership, if the name does not interfere with the readability of
the license plate by law enforcement or by automated license plate
recognition systems.
(g) This section shall become operative on the date that
the temporary license plate system described in Section 1686 becomes
operational and the director prominently posts a declaration to that
effect on the department's Internet Web site. January
1, 2016.
SEC. 7. Section 4463 of the Vehicle Code is amended to read:
4463. (a) A person who, with intent to prejudice, damage, or
defraud, commits any of the following acts is guilty of a felony and
upon conviction thereof shall be punished by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for 16 months or
two or three years, or by imprisonment in a county jail for not more
than one year:
(1) Alters, forges, counterfeits, or falsifies a certificate of
ownership, registration card, certificate, license, license plate,
temporary license plate, device issued pursuant to Section 4853,
special plate, or permit provided for by this code or a comparable
certificate of ownership, registration card, certificate, license,
license plate, temporary license plate, device comparable to that
issued pursuant to Section 4853, special plate, or permit provided
for by a foreign jurisdiction, or alters, forges, counterfeits, or
falsifies the document, device, or plate with intent to represent it
as issued by the department, or alters, forges, counterfeits, or
falsifies with fraudulent intent an endorsement of transfer on a
certificate of ownership or other document evidencing ownership, or
with fraudulent intent displays or causes or permits to be displayed
or have in his or her possession a blank, incomplete, canceled,
suspended, revoked, altered, forged, counterfeit, or false
certificate of ownership, registration card, certificate, license,
license plate, temporary license plate, device issued pursuant to
Section 4853, special plate, or permit.
(2) Utters, publishes, passes, or attempts to pass, as true and
genuine, a false, altered, forged, or counterfeited matter listed in
paragraph (1) knowing it to be false, altered, forged, or
counterfeited.
(b) A person who, with intent to prejudice, damage, or defraud,
commits any of the following acts is guilty of a misdemeanor, and
upon conviction thereof shall be punished by imprisonment in a county
jail for six months, a fine of not less than five hundred dollars
($500) and not more than one thousand dollars ($1,000), or both that
fine and imprisonment, which penalty shall not be suspended:
(1) Forges, counterfeits, or falsifies a disabled person placard
or a comparable placard relating to parking privileges for disabled
persons provided for by a foreign jurisdiction, or forges,
counterfeits, or falsifies a disabled person placard with intent to
represent it as issued by the department.
(2) Passes, or attempts to pass, as true and genuine, a false,
forged, or counterfeit disabled person placard knowing it to be
false, forged, or counterfeited.
(3) Acquires, possesses, sells, or offers for sale a genuine or
counterfeit disabled person placard.
(c) A person who, with fraudulent intent, displays or causes or
permits to be displayed a forged, counterfeit, or false disabled
person placard, is subject to the issuance of a notice of parking
violation imposing a civil penalty of not less than two hundred fifty
dollars ($250) and not more than one thousand dollars ($1,000), for
which enforcement shall be governed by the procedures set forth in
Article 3 (commencing with Section 40200) of Chapter 1 of Division 17
or is guilty of a misdemeanor punishable by imprisonment in a county
jail for six months, a fine of not less than two hundred fifty
dollars ($250) and not more than one thousand dollars ($1,000), or
both that fine and imprisonment, which penalty shall not be
suspended.
(d) For purposes of subdivision (b) or (c), "disabled person
placard" means a placard issued pursuant to Section 22511.55 or
22511.59.
(e) A person who, with intent to prejudice, damage, or defraud,
commits any of the following acts is guilty of an infraction, and
upon conviction thereof shall be punished by a fine of not less than
one hundred dollars ($100) and not more than two hundred fifty
dollars ($250) for a first offense, not less than two hundred fifty
dollars ($250) and not more than five hundred dollars ($500) for a
second offense, and not less than five hundred dollars ($500) and not
more than one thousand dollars ($1,000) for a third or subsequent
offense, which penalty shall not be suspended:
(1) Forges, counterfeits, or falsifies a Clean Air Sticker or a
comparable clean air sticker relating to high occupancy vehicle lane
privileges provided for by a foreign jurisdiction, or forges,
counterfeits, or falsifies a Clean Air Sticker with intent to
represent it as issued by the department.
(2) Passes, or attempts to pass, as true and genuine, a false,
forged, or counterfeit Clean Air Sticker knowing it to be false,
forged, or counterfeited.
(3) Acquires, possesses, sells, or offers for sale a counterfeit
Clean Air Sticker.
(4) Acquires, possesses, sells, or offers for sale a genuine Clean
Air Sticker separate from the vehicle for which the department
issued that sticker.
(f) As used in this section, "Clean Air Sticker" means a label or
decal issued pursuant to Sections 5205.5 and 21655.9.
SEC. 8. Section 5201 of the Vehicle Code is amended to read:
5201. (a) License plates shall at all times be securely fastened
to the vehicle for which they are issued so as to prevent the plates
from swinging, shall be mounted in a position so as to be clearly
visible, and so that the characters are upright and display from left
to right, and shall be maintained in a condition so as to be clearly
legible. The rear license plate shall be mounted not less than 12
inches nor more than 60 inches from the ground, and the front license
plate shall be mounted not more than 60 inches from the ground,
except as follows:
(1) The rear license plate on a tow truck or repossessor's tow
vehicle may be mounted on the left-hand side of the mast assembly at
the rear of the cab of the vehicle, not less than 12 inches nor more
than 90 inches from the ground.
(2) The rear license plate on a tank vehicle hauling hazardous
waste, as defined in Section 25117 of the Health and Safety Code, or
asphalt material may be mounted not less than 12 inches nor more than
90 inches from the ground.
(3) The rear license plate on a truck tractor may be mounted at
the rear of the cab of the vehicle, but not less than 12 inches nor
more than 90 inches from the ground.
(4) The rear license plate of a vehicle designed by the
manufacturer for the collection and transportation of garbage,
rubbish, or refuse that is used regularly for the collection and
transportation of that material by a person or governmental entity
employed to collect, transport, and dispose of garbage, rubbish, or
refuse may be mounted not less than 12 inches nor more than 90 inches
from the ground.
(5) The rear license plate on a two-axle livestock trailer may be
mounted 12 inches or more, but not more than 90 inches, from the
ground.
(6) (A) The rear license plate on a dump bed motortruck equipped
with a trailing, load bearing swing axle shall be mounted more than
12 inches, but not more than 107 inches, from the ground.
(B) As used in this section, a trailing, load bearing swing axle
is an axle which can be moved from a raised position to a position
behind the vehicle that allows for the transfer of a portion of the
weight of the vehicle and load to the trailing axle.
(b) A covering shall not be used on license plates
except as follows:
(1) The installation of a cover over a lawfully parked vehicle to
protect it from the weather and the elements does not constitute a
violation of this subdivision. A peace officer or other regularly
salaried employee of a public agency designated to enforce laws,
including local ordinances, relating to the parking of vehicles may
temporarily remove so much of the cover as is necessary to inspect
any license plate, tab, or indicia of registration on a vehicle.
(2) The installation of a license plate security cover is not a
violation of this subdivision if the device does not obstruct or
impair the recognition of the license plate information, including,
but not limited to, the issuing state, license plate number, and
registration tabs, and the cover is limited to the area directly over
the top of the registration tabs. No portion of a license plate
security cover shall rest over the license plate number.
(c) A casing, shield, frame, border, product, or other device that
obstructs or impairs the reading or recognition of a license plate
by an electronic device operated by state or local law enforcement,
an electronic device operated in connection with a toll road,
high-occupancy toll lane, toll bridge, or other toll facility, or a
remote emission sensing device, as specified in Sections 44081 and
44081.6 of the Health and Safety Code, shall not be installed on, or
affixed to, a vehicle.
(d) (1) It is the intent of the Legislature that an accommodation
be made to persons with disabilities and to those persons who
regularly transport persons with disabilities, to allow the removal
and relocation of wheelchair lifts and wheelchair carriers without
the necessity of removing and reattaching the vehicle's rear license
plate. Therefore, it is not a violation of this section if the
reading or recognition of a rear license plate is obstructed or
impaired by a wheelchair lift or wheelchair carrier and all of the
following requirements are met:
(A) The owner of the vehicle has been issued a special
identification license plate pursuant to Section 5007, or the person
using the wheelchair that is carried on the vehicle has been issued a
distinguishing placard under Section 22511.55.
(B) (i) The operator of the vehicle displays a decal, designed and
issued by the department, that contains the license plate number
assigned to the vehicle transporting the wheelchair.
(ii) The decal is displayed on the rear window of the vehicle, in
a location determined by the department, in consultation with the
Department of the California Highway Patrol, so as to be clearly
visible to law enforcement.
(2) Notwithstanding any other law, if a decal is displayed
pursuant to this subdivision, the requirements of this code that
require the illumination of the license plate and the license plate
number do not apply.
(3) The department shall adopt regulations governing the
procedures for accepting and approving applications for decals, and
issuing decals, authorized by this subdivision.
(4) This subdivision does not apply to a front license plate.
(e) This section shall become inoperative on the date that the
temporary license plate system described in Section 1686 becomes
operational and the director prominently posts a declaration to that
effect on the department's Internet Web site, and is repealed on
January 1 of the following year.
(e) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 9. Section 5201 is added to the Vehicle Code, to read:
5201. (a) License plates, including temporary license plates,
shall at all times be securely fastened to the vehicle for which they
are issued so as to prevent the plates from swinging, shall be
mounted in a position so as to be clearly visible, and so that the
characters are upright and display from left to right, and shall be
maintained in a condition so as to be clearly legible. The rear
license plate shall be mounted not less than 12 inches nor more than
60 inches from the ground, and the front license plate shall be
mounted not more than 60 inches from the ground, except as follows:
(1) The rear license plate on a tow truck or repossessor's tow
vehicle may be mounted on the left-hand side of the mast assembly at
the rear of the cab of the vehicle, not less than 12 inches nor more
than 90 inches from the ground.
(2) The rear license plate on a tank vehicle hauling hazardous
waste, as defined in Section 25117 of the Health and Safety Code, or
asphalt material may be mounted not less than 12 inches nor more than
90 inches from the ground.
(3) The rear license plate on a truck tractor may be mounted at
the rear of the cab of the vehicle, but not less than 12 inches nor
more than 90 inches from the ground.
(4) The rear license plate of a vehicle designed by the
manufacturer for the collection and transportation of garbage,
rubbish, or refuse that is used regularly for the collection and
transportation of that material by a person or governmental entity
employed to collect, transport, and dispose of garbage, rubbish, or
refuse may be mounted not less than 12 inches nor more than 90 inches
from the ground.
(5) The rear license plate on a two-axle livestock trailer may be
mounted 12 inches or more, but not more than 90 inches, from the
ground.
(6) (A) The rear license plate on a dump bed motortruck equipped
with a trailing, load bearing swing axle shall be mounted more than
12 inches, but not more than 107 inches, from the ground.
(B) As used in this section, a trailing, load bearing swing axle
is an axle which can be moved from a raised position to a position
behind the vehicle that allows for the transfer of a portion of the
weight of the vehicle and load to the trailing axle.
(b) A person shall replace temporary license plates with permanent
license plates upon receipt of the permanent license plates, and
shall destroy the temporary license plates at that time.
(c) A covering shall not be used on license plates except as
follows:
(1) The installation of a cover over a lawfully parked vehicle to
protect it from the weather and the elements does not constitute a
violation of this subdivision. A peace officer or other regularly
salaried employee of a public agency designated to enforce laws,
including local ordinances, relating to the parking of vehicles may
temporarily remove so much of the cover as is necessary to inspect
any license plate, tab, or indicia of registration on a vehicle.
(2) The installation of a license plate security cover is not a
violation of this subdivision if the device does not obstruct or
impair the recognition of the license plate information, including,
but not limited to, the issuing state, license plate number, and
registration tabs, and the cover is limited to the area directly over
the top of the registration tabs. No portion of a license plate
security cover shall rest over the license plate number.
(d) A casing, shield, frame, border, product, or other device that
obstructs or impairs the reading or recognition of a license plate
by an electronic device operated by state or local law enforcement,
an electronic device operated in connection with a toll road,
high-occupancy toll lane, toll bridge, or other toll facility, or a
remote emission sensing device, as specified in Sections 44081 and
44081.6 of the Health and Safety Code, shall not be installed on, or
affixed to, a vehicle.
(e) (1) It is the intent of the Legislature that an accommodation
be made to persons with disabilities and to those persons who
regularly transport persons with disabilities, to allow the removal
and relocation of wheelchair lifts and wheelchair carriers without
the necessity of removing and reattaching the vehicle's rear license
plate. Therefore, it is not a violation of this section if the
reading or recognition of a rear license plate is obstructed or
impaired by a wheelchair lift or wheelchair carrier and all of the
following requirements are met:
(A) The owner of the vehicle has been issued a special
identification license plate pursuant to Section 5007, or the person
using the wheelchair that is carried on the vehicle has been issued a
distinguishing placard under Section 22511.55.
(B) (i) The operator of the vehicle displays a decal, designed and
issued by the department, that contains the license plate number
assigned to the vehicle transporting the wheelchair.
(ii) The decal is displayed on the rear window of the vehicle, in
a location determined by the department, in consultation with the
Department of the California Highway Patrol, so as to be clearly
visible to law enforcement.
(2) Notwithstanding any other law, if a decal is displayed
pursuant to this subdivision, the requirements of this code that
require the illumination of the license plate and the license plate
number do not apply.
(3) The department shall adopt regulations governing the
procedures for accepting and approving applications for decals, and
issuing decals, authorized by this subdivision.
(4) This subdivision does not apply to a front license plate.
(f) This section shall become operative on the date that
the temporary license plate system described in Section 1686 becomes
operational and the director prominently posts a declaration to that
effect on the department's Internet Web site. January
1, 2016.
SEC. 10. Section 5202 of the Vehicle Code is amended to read:
5202. (a) A license plate issued by this state or any other
jurisdiction within or without the United States shall be attached
upon receipt and remain attached during the period of its validity to
the vehicle for which it is issued while being operated within this
state or during the time the vehicle is being held for sale in this
state, or until the time that a vehicle with special or
identification plates is no longer entitled to those plates; and a
person shall not operate, and an owner shall not knowingly permit to
be operated, upon any highway, a vehicle unless the license plate is
so attached. A special permit issued in lieu of plates shall be
attached and displayed on the vehicle for which the permit was issued
during the period of the permit's validity.
(b) This section shall become inoperative on the date that the
temporary license plate system described in Section 1686 becomes
operational and the director prominently posts a declaration to that
effect on the department's Internet Web site, and is repealed on
January 1 of the following year.
(b) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 11. Section 5202 is added to the Vehicle Code, to read:
5202. (a) A license plate issued by this state or any other
jurisdiction within or without the United States shall be attached
upon receipt and remain attached during the period of its validity to
the vehicle for which it is issued while being operated within this
state or during the time the vehicle is being held for sale in this
state, or until the time that a vehicle with special or
identification plates is no longer entitled to those plates; and a
person shall not operate, and an owner shall not knowingly permit to
be operated, upon any highway, a vehicle unless the license plate is
so attached. A special permit or temporary license plate issued in
lieu of permanent license plates shall be attached and displayed on
the vehicle until the temporary license plate or the permit expires,
or the permanent license plates are received, whichever occurs first.
(b) A violation of this section is an infraction punishable by a
base fine of twenty-five dollars ($25) for a first offense and forty
dollars ($40) for each subsequent offense in the same year.
(c) This section shall become operative on the date that
the temporary license plate system described in Section 1686 becomes
operational and the director prominently posts a declaration to that
effect on the department's Internet Web site. January
1, 2016.
SEC. 12. Section 5901 of the Vehicle Code is amended to read:
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.
(e) This section shall become inoperative on the date that the
temporary license plate system described in Section 1686 becomes
operational and the director prominently posts a declaration to that
effect on the department's Internet Web site, and is repealed on
January 1 of the following year.
(e) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 13. Section 5901 is added to the Vehicle Code, to read:
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, on the day of sale,
give electronic notice of the transfer to the department in a manner
approved by it.
(b) Except as otherwise provided in this subdivision or in
subdivision (c), the dealer or lessor-retailer shall enter on an
appropriate 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.
(e) This section shall become operative on the date that
the temporary license plate system described in Section 1686 becomes
operational and the director prominently posts a declaration to that
effect on the department's Internet Web site. January
1, 2016.
SEC. 14. Section 40610 of the Vehicle Code is amended to read:
40610. (a) (1) Except as provided in paragraph (2), if, after an
arrest, accident investigation, or other law enforcement action, it
appears that a violation has occurred involving a registration,
license, all-terrain vehicle safety certificate, or mechanical
requirement of this code, and none of the disqualifying conditions
set forth in subdivision (b) exist and the investigating officer
decides to take enforcement action, the officer shall prepare, in
triplicate, and the violator shall sign, a written notice containing
the violator's promise to correct the alleged violation and to
deliver proof of correction of the violation to the issuing agency.
(2) If any person is arrested for a violation of Section 4454, and
none of the disqualifying conditions set forth in subdivision (b)
exist, the arresting officer shall prepare, in triplicate, and the
violator shall sign, a written notice containing the violator's
promise to correct the alleged violation and to deliver proof of
correction of the violation to the issuing agency. In lieu of issuing
a notice to correct violation pursuant to this section, the officer
may issue a notice to appear, as specified in Section 40522.
(b) Pursuant to subdivision (a), a notice to correct violation
shall be issued as provided in this section or a notice to appear
shall be issued as provided in Section 40522, unless the officer
finds any of the following:
(1) Evidence of fraud or persistent neglect.
(2) The violation presents an immediate safety hazard.
(3) The violator does not agree to, or cannot, promptly correct
the violation.
(c) If any of the conditions set forth in subdivision (b) exist,
the procedures specified in this section or Section 40522 are
inapplicable, and the officer may take other appropriate enforcement
action.
(d) Except as otherwise provided in subdivision (a), the notice to
correct violation shall be on a form approved by the Judicial
Council and, in addition to the owner's or operator's address and
identifying information, shall contain an estimate of the reasonable
time required for correction and proof of correction of the
particular defect, not to exceed 30 days, or 90 days for the
all-terrain vehicle safety certificate.
(e) This section shall become inoperative on the date that the
temporary license plate system described in Section 1686 becomes
operational and the director prominently posts a declaration to that
effect on the department's Internet Web site, and is repealed on
January 1 of the following year.
(e) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 15. Section 40610 is added to the Vehicle Code, to read:
40610. (a) (1) Except as provided in paragraph (2), if, after an
arrest, accident investigation, or other law enforcement action, it
appears that a violation has occurred involving a registration,
license, all-terrain vehicle safety certificate, or mechanical
requirement of this code, and none of the disqualifying conditions
set forth in subdivision (b) exist and the investigating officer
decides to take enforcement action, the officer shall prepare, in
triplicate, and the violator shall sign, a written notice containing
the violator's promise to correct the alleged violation and to
deliver proof of correction of the violation to the issuing agency.
(2) If any person is arrested for a violation of Section 4454, and
none of the disqualifying conditions set forth in subdivision (b)
exist, the arresting officer shall prepare, in triplicate, and the
violator shall sign, a written notice containing the violator's
promise to correct the alleged violation and to deliver proof of
correction of the violation to the issuing agency. In lieu of issuing
a notice to correct violation pursuant to this section, the officer
may issue a notice to appear, as specified in Section 40522.
(b) Pursuant to subdivision (a), a notice to correct violation
shall be issued as provided in this section or a notice to appear
shall be issued as provided in Section 40522, unless the officer
finds any of the following:
(1) Evidence of fraud or persistent neglect.
(2) The violation presents an immediate safety hazard.
(3) The violator does not agree to, or cannot, promptly correct
the violation.
(4) The vehicle is being operated in violation of Section 5202.
(c) If any of the conditions set forth in subdivision (b) exist,
the procedures specified in this section or Section 40522 are
inapplicable, and the officer may take other appropriate enforcement
action.
(d) Except as otherwise provided in subdivision (a), the notice to
correct violation shall be on a form approved by the Judicial
Council and, in addition to the owner's or operator's address and
identifying information, shall contain an estimate of the reasonable
time required for correction and proof of correction of the
particular defect, not to exceed 30 days, or 90 days for the
all-terrain vehicle safety certificate.
(e) This section shall become operative on the date that
the temporary license plate system described in Section 1686 becomes
operational and the director prominently posts a declaration to that
effect on the department's Internet Web site. January
1, 2016.
SEC. 16. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
