California criminal defense California Injury Law Deadlines California Personal Injury Lawyers - Submit Case California Personal Injury - What To Do California Personal Injury Attorney - Contact Us

  Talk To A Legal Aid Online For FREE | Submit Your Case For FREE Evaluation |  

 

   CALIFORNIA VEHICLE CODE    

   :: SECTION 9550-9564

 

9550.  All fees required to be paid by a vehicle dealer,
manufacturer, manufacturer branch, remanufacturer, remanufacturer
branch, distributor, distributor branch, representative, or
transporter, in accordance with this code, for any license or special
plates shall be paid at the time application is made to the
department.



9551.  All fees required to be paid by an automobile dismantler, in
accordance  with this code, for any license, or special plates, shall
be paid at the time application is made to the department.



9551.2.  (a) When an application is made for a renewal or initial
registration of a vehicle, the department shall apply the amount of
any operative offset established by subdivision (a) of Section 10754
of the Revenue and Taxation Code.  The department shall alter its
billing notice for vehicle license fees to indicate the amount of the
vehicle license fee for each vehicle as calculated under Section
10752 or 10752.1 of the Revenue and Taxation Code, or under Section
18115 of the Health and Safety Code, and the amount of the applicable
offset as required by subdivision (a) of Section 10754 of the
Revenue and Taxation Code.  The amount of the offset shall be
identified on the billing notice as the "VLF Offset."  The Department
of Motor Vehicles shall, as required by Section 11000 of the Revenue
and Taxation Code, provide information to the Controller with
respect to the amount of offsets subject to this subdivision.
   (b) This section shall become operative on July 1, 1999, or on
that earlier date that is determined by both the director of the
department, and the Director of the Department of Housing and
Community Development, to be feasible for the implementation of this
section.



9552.  (a) Whenever any vehicle is operated upon any highway of this
state without the fees first having been paid as required by this
code, and those fees have not been paid within 20 days of its first
operation, those fees are delinquent, except as provided in
subdivision (b).
   (b) Fees are delinquent whenever application for renewal of
registration, or any application for renewal of special license
plates, is made after midnight of the expiration date of the
registration or special plates, or 60 days after the date the
registered owner is notified by the department pursuant to Section
1661, whichever is later.
   (c) Whenever any person has received as transferee a properly
endorsed certificate of ownership and the transfer fee has not been
paid as required by this code within 10 days, the fee is delinquent.

   (d) Whenever any person becomes an automobile dismantler, dealer,
manufacturer, manufacturer branch, distributor, distributor branch,
or transporter without first having paid the license and special
plate fees as required by this code, the fees are delinquent.



9553.  (a) A penalty shall be added upon any delinquent application
as provided in Section 9552, except as provided in Section 4604 or
9706, or in subdivision (b).
   (b) When renewal fee penalties have not accrued with respect to a
vehicle and the vehicle is transferred, the transferee has 20 days
from the date of the transfer to pay the registration fees which
become due without payment of penalties or to file a certification
pursuant to subdivision (a) of Section 4604 if the vehicle will not
be operated, moved, or left standing upon any highway during the
subsequent registration year, except as provided in subdivision (c).

   (c) (1) A dealer or lessor-retailer submitting an application for
registration or transfer of a used vehicle shall have 30 days from
the date of sale to submit the fees, without the penalty that
otherwise would be required under subdivision (a).
   (2) This subdivision does not apply to penalties due or accrued
prior to the date of sale by the dealer or lessor-retailer.
   (d) A penalty shall be added if the fees specified in Section 9255
are not paid within 20 days after they become delinquent.
   (e) In addition to the imposition of monetary fines or fees as
specified in this section, delinquent registration may result in
impoundment of the vehicle pursuant to Section 22651.



9553.5.  (a) Whenever the total registration, weight, and vehicle
license fees have not been paid in full for an application for
registration of vehicles registered pursuant to Article 4 (commencing
with Section 8050) of Chapter 4, the registrant shall have 20 days
from the date of notice by the department to pay the balance of the
fees due.
   (b) Failure to pay the balance of the fees due within 20 days
shall subject the application to penalties, as defined in Sections
9554 and 9554.5, on the unpaid portion of the California fees due.



9554.  (a) (1) The penalty shall be computed as provided in Sections
9406 and 9559 and shall be collected with the fee, except that the
penalty for delinquency with respect to any transfer is ten dollars
($10) and applies only to the last transfer.
   (2) A penalty shall be added on any application for renewal of
registration made later than midnight of the date of expiration or on
or after the date penalties become due.  The penalty shall be
computed after the registration and weight fees have been combined
with the license fee specified in Section 10751 of the Revenue and
Taxation Code, as follows:
   (A) For a delinquency period of 10 days or less, the penalty is 10
percent of the fee.
   (B) For a delinquency period of more than 10 days to and including
30 days, the penalty is 20 percent of the fee.
   (C) For a delinquency period of more than 30 days to and including
one year, the penalty is 60 percent of the fee.
   (D) For a delinquency period of more than one year to and
including two years, the penalty is 80 percent of the fee.
   (E) For a delinquency period of more than two years, the penalty
is 160 percent of the fee.
   (3) This subdivision applies to the renewal of registration for
vehicles with expiration dates on or before December 31, 2002.
   (b) Penalties specified in paragraphs (1), (2), and (3) of this
subdivision shall be computed as provided in Section 9559 and shall
be collected with the fee, except that the penalty for delinquency
with respect to any transfer is ten dollars ($10) and applies only to
the last transfer.  A penalty shall be added on any application for
a renewal of registration made later than midnight of the date of
expiration or on or after the date penalties become due.
   (1) (A) For a delinquency period of 10 days or less, the penalty
is ten dollars ($10).
   (B) For a delinquency period of more than 10 days, to and
including 30 days, the penalty is fifteen dollars ($15).
   (C) For a delinquency period of more than 30 days, to and
including one year, the penalty is thirty dollars ($30).
   (D) For a delinquency period of more than one year, to and
including two years, the penalty is fifty dollars ($50).
   (E) For a delinquency period of more than two years, the penalty
is one hundred dollars ($100).
   (2) The penalty on the weight fee and the vehicle license fee
shall be computed after the weight fee as provided in Section 9400 or
9400.1 plus the vehicle license fee specified in Section 10751 of
the Revenue and Taxation Code have been added together as follows:
   (A) For a delinquency period or 10 days or less, the penalty is 10
percent of the fee.
   (B) For a delinquency period exceeding 10 days, to and including
30 days, the penalty is 20 percent of the fee.
   (C) For a delinquency period of more than 30 days, to and
including one year, the penalty is 60 percent of the fee.
   (D) For a delinquency period of more than one year, to and
including two years, the penalty is 80 percent of the fee.
   (E) For a delinquency period of more than two years, the penalty
is 160 percent of the fee.
   (3) Weight fees not reported and not paid within 20 days, as
required by Section 9406, shall be assessed a penalty on the
difference in the weight fee, as follows:
   (A) For a delinquency period or 10 days or less, the penalty is 10
percent of the fee.
   (B) For a delinquency period exceeding 10 days, to and including
30 days, the penalty is 20 percent of the fee.
   (C) For a delinquency period of more than 30 days, to and
including one year, the penalty is 60 percent of the fee.
   (D) For a delinquency period of more than one year, to and
including two years, the penalty is 80 percent of the fee.
   (E) For a delinquency period of more than two years, the penalty
is 160 percent of the fee.
   (4) This subdivision applies to the renewal of registration for
vehicles with expiration dates on or after January 1, 2003.



9554.1.  The amount of any penalty calculated pursuant to Section
9554 or subdivision (b) of Section 18116 of the Health and Safety
Code shall be reduced by the amount of any offset implemented
pursuant to Section 10754 of the Revenue and Taxation Code, or any
portion of the amount of that offset.



9554.2.  Upon the operation of a commercial motor vehicle at a
greater gross vehicle weight than had been reported to and registered
by the department, a new registration application shall be made to
the department.  The greater declared gross vehicle weight fee as
required in Section 9400.1 and any penalties defined in this code
shall be paid to the department.



9554.5.  (a) A penalty shall be added on any application for
original registration made later than midnight of the date of
expiration or on or after the date penalties become due.  The penalty
shall be computed after the registration and weight fees have been
combined with the license fee specified in Section 10751 of the
Revenue and Taxation Code, as follows:
   (1) For a delinquency period of one year or less, the penalty is
40 percent of the fee.
   (2) For a delinquency period of more than one year to and
including two years, the penalty is 80 percent of the fee.
   (3) For a delinquency period of more than two years, the penalty
is 160 percent of the fee.
   (4) This subdivision applies to applications for an original
registration where the date for which fees are due is on or before
December 31, 2002.
   (b) The penalties specified in paragraphs (1) and (2) shall be
added to any delinquent application for original registration made on
or after the date penalties become due.
   (1) The penalty for the registration fee provided in Section 9250
is as follows:
   (A) For a delinquency period of one year or less, the penalty is
thirty dollars ($30).
   (B) For a delinquency period of more than one year, to and
including two years, the penalty is fifty dollars ($50).
   (C) For a delinquency period of more than two years, the penalty
is one hundred dollars ($100).
   (2) The penalty on the weight fee and vehicle license fee shall be
computed after the weight fee as provided in Section 9400 or 9400.1
plus the vehicle license fee specified in Section 10751 of the
Revenue and Taxation Code have been added together, as follows:
   (A) For a delinquency period of one year or less, the penalty is
40 percent of the fee.
   (B) For a delinquency period of more than one year, to and
including two years, the penalty is 80 percent of the fee.
   (C) For a delinquency period of more than two years, the penalty
is 160 percent of the fee.
   (3) This subdivision shall apply to original registrations where
the date the fee is due is on or after January 1, 2003.



9555.  Whenever any trailer coach is in this State without the
registration fee having first been paid as required by this code, the
fee is delinquent.


9556.  Whenever any person or organization authorized by the
department under Section 4610 receives an application for renewal of
registration accompanied by the proper fee and endorses a receipt or
validates a registration card or potential registration card in
respect to the application for renewal of registration prior to
midnight on the date registration expires in any year, the
application and payment of fees shall not be deemed delinquent or
subject to penalty, except that the person or organization so
receiving the application and fees shall transmit the application and
fees to the department as promptly as practicable in the immediate
course of business.
   This section shall become operative on March 8, 1976, unless a
later enacted statute, which is chaptered before March 8, 1976,
deletes or extends such date.



9557.  (a) No penalty shall be imposed for delinquent payment of any
fee required to be paid under this code in the event any instrument
for effective payment of such fee is placed in the United States mail
or in any postal box maintained by the United States Postal Service
with sufficient identification in an envelope with postage thereon
prepaid and addressed to the Department of Motor Vehicles at
Sacramento, or to one of the regularly established branch offices of
the department or to any person or organization authorized by the
department under Section 4610, prior to the date or time the fee
becomes delinquent.
   (b) Any person so mailing an instrument for payment of any fee may
file with the department a certificate in writing showing compliance
with the provisions of this section.  The certificate shall be
accepted by the department as prima facie evidence of such mailing.




9558.  If a check in payment of a fee or penalty is not paid by the
bank on which it is drawn on its first presentation, the person
tendering the check remains liable for the payment of the fee, or fee
and penalty, as if he had not tendered the check.  The department in
its discretion may redeposit a check in payment of the fee, or the
fee and penalty, not more than once without assessing additional
penalties.



9559.  In computing any registration or weight fee or penalty
imposed by this code, whether on a proration or otherwise, a fraction
of a dollar is disregarded, unless it equals or exceeds fifty cents
($0.50), in which case it is treated as one full dollar ($1).
Computation of any penalty shall be made from the fee after the same
has been computed as provided in this section.
   Any fee or penalty in an amount of forty-nine cents ($0.49) or
less shall be deemed to be one dollar ($1).



9561.  (a) When a legal owner or his or her agent repossesses a
vehicle on which renewal fees are due, the department shall waive any
renewal penalties that are due for late payment if the fees are paid
within 60 days of taking possession.
   (b) Notwithstanding any other provisions of this code, when a
repossessed vehicle is sold through a dealer conducting a wholesale
motor vehicle auction as provided in subdivision (b) of Section 4456
and Article 5 (commencing with Section 6100) of Chapter 2 of Division
3, any penalties that may be due are waived, if all renewal fees
that are due are paid not later than 60 days after the date of sale
at the auction.



9561.5.  The department shall waive any penalties that may be due
for late payment of registration renewal fees on a vehicle if all of
the following criteria are met:
   (a) The vehicle is sold through a dealer conducting a wholesale
motor vehicle auction as provided in subdivision (b) of Section 4456
and Article 5 (commencing with Section 6100) of Chapter 2 of Division
3.
   (b) Immediately prior to the sale the vehicle was registered as a
leased vehicle.
   (c) Delivery of the vehicle to the dealer conducting the wholesale
motor vehicle auction was not later than 25 days after the
termination of the lease.
   (d) The date of termination of the lease and the date of delivery
to the auction is reported on the application for registration, or
application for transfer and registration, in a format that is
acceptable to the department.



9562.  (a) When a transferee or purchaser of a vehicle applies for
transfer of registration, as provided in Section 5902, and it is
determined by the department that registration penalties accrued
prior to the purchase of the vehicle, and that the transferee or
purchaser was not cognizant of the nonpayment of the fees for
registration for the current or prior registration years, the
department may waive the registration penalties upon payment of the
fees for registration due.
   (b) Other provisions of this code notwithstanding, the director
may, at his or her discretion, investigate into the circumstances of
any application for registration to ascertain if penalties had
accrued through no fault or intent of the owner.  If the director
determines that the circumstances justify it, he or she may waive any
penalties upon payment of the fees for registration then due.
   (c) When a transferee or purchaser of a vehicle applies for
transfer of registration of a vehicle, and it is determined by the
department that fees for registration of the vehicle for any year are
unpaid and due, that the fees became due prior to the transfer or
purchase of the vehicle by the transferee or purchaser and that the
transferee or purchaser was not cognizant of the fact that the fees
were unpaid and due, the department may waive the fees and any
penalty thereon if the license plate assigned to the vehicle displays
a validating device issued by the department and the validating
device contains the year number of the registration year for which
the transferee or purchaser is requesting a waiver of fees and
penalties.
   (d) Upon the transfer of a vehicle for which fees for registration
and any penalties thereon are unpaid and due, the fees and penalties
are, notwithstanding the provisions of Article 6 (commencing with
Section 9800) of this chapter, the personal debt of the transferor of
the vehicle who did not pay the fees and penalties when they became
due or accrued.  The fees and penalties may be collected by the
department in an appropriate civil action if the department has
waived the fees and penalties pursuant to subdivision (c).



9563.  Notwithstanding any other provisions of this code, when a
vehicle is rebuilt and restored to operation after it has been
reported to be dismantled pursuant to Section 11520, the application
shall be deemed to be an application for original registration of a
new vehicle for determination of fees.



9564.  (a) A scrap metal processor, as described in paragraph (3) of
subdivision (a) of Section 221, who acquires a vehicle of a type
subject to registration under this code, and who complies with all
the provisions of this section, is not required to submit a
certificate of nonoperation in lieu of fees or to pay fees that would
otherwise be required if the vehicle were to be currently
registered.
   (b) A scrap metal processor who acquires a vehicle as provided in
subdivision (a) shall submit either of the following to the
department before reducing the vehicle to its component materials:
   (1) Documentation that the vehicle was acquired pursuant to
Section 22669 and disposed of in compliance with Article 2
(commencing with Section 22850) of Chapter 10 of Division 11.
   (2) The properly endorsed certificate of title transferring title
to the scrap iron processor and any available license plates or
registration documents.
   (c) A vehicle delivered to a scrap metal processor under
subdivision (a) shall not be reconstructed or made operable, unless
it is a vehicle which qualifies for either horseless carriage license
plates or historical vehicle license plates pursuant to Section
5004, in which case the vehicle may be reconstructed or made
operable.





Copyright 2002-2018 Defend-Me.com All Rights Reserved Home | Site Map | Terms | Contact Us