2007 California Vehicle Code Article 2. Original Identification

CA Codes (veh:38040-38060)

VEHICLE CODE

SECTION 38040-38060




38040.  Application for the original identification of a motor
vehicle, other than a motorcycle, required to be identified pursuant
to this division shall be made by the owner to the department upon
the appropriate form furnished by it and shall contain all of the
following:
   (a) The true, full name, business or residence and mailing
address, and the driver's license or identification card number, if
any, of the owner and the legal owner, if any.
   (b) The name of the county in which the owner resides.
   (c)  A description of the vehicle, including the following,
insofar as it may exist:
   (1) The make, model, and type of body.
   (2) The vehicle identification number or any other number as may
be required by the department.
   (d) Information as may reasonably be required by the department to
enable it to determine whether the vehicle is lawfully entitled to
identification.



38041.  Application for the original identification of a motorcycle
shall be made by the owner to the department upon the appropriate
form furnished by it, and shall contain:
   (a) The true, full name, business or residence and mailing
address, and the driver's license or identification card number, if
any, of the owner and the legal owner, if any.
   (b) The name of the county in which the owner resides.
   (c) A description of the motorcycle including the following data
insofar as it may exist:
   (1) The make and type of body.
   (2) The motor and frame numbers recorded exactly as stamped on the
engine and frame, respectively, by the manufacturer, and any other
identifying number of the motorcycle as may be required by the
department.
   (3) The date first sold by a manufacturer or dealer to a consumer.

   (d) Such information as may reasonably be required by the
department to enable it to determine whether the vehicle is lawfully
entitled to identification.
   (e) The department shall maintain a cross-index file of motor and
frame numbers identified with it.
   The application shall be accompanied by a tracing, tape lift, or
photograph of the motor or frame numbers, or where the facsimile of
the motor or frame numbers cannot be obtained, a verification of the
numbers shall be required.



38045.  Ownership of title to an off-highway motor vehicle subject
to identification under this division may be held by two (or more)
coowners as provided in Section 682 of the Civil Code, except that:
   (a) A vehicle may be identified in the names of two (or more)
persons as coowners in the alternative by the use of the word "or."
A vehicle so identified in the alternative shall be deemed to be held
in joint tenancy.  Each coowner shall be deemed to have granted to
the other coowners the absolute right to dispose of the title and
interest in the vehicle.  Upon the death of a coowner, the interest
of the decedent shall pass to the survivor as though title or
interest in the vehicle was held in joint tenancy, unless a contrary
intention is set forth in writing upon the application for
identification.
   (b) A vehicle may be identified in the names of two (or more)
persons as coowners in the alternative by the use of the word "or"
and if declared in writing upon the application for identification by
the applicants to be community property, or tenancy in common, shall
grant to each coowner the absolute power to transfer the title or
interest of the other coowners only during the lifetime of such
coowners.
   (c) A vehicle may be identified in the names of two (or more)
persons as coowners in the conjunctive by the use of the word "and"
and shall thereafter require the signature of each coowner or his
personal representative to transfer title to the vehicle, except
where title to the vehicle is set forth in joint tenancy, the
signature of each coowner or his personal representative shall be
required only during the lifetime of the coowners, and upon death of
a coowner title shall pass to the surviving coowner.
   (d) The department may adopt suitable abbreviations to appear upon
the certificate of identification and certificate of ownership to
designate the manner in which title to the vehicle is held if set
forth by the coowners upon the application for identification.




38050.  In the absence of the regularly required supporting evidence
of ownership upon application for identification or transfer of a
vehicle, the department may accept an undertaking or bond which shall
be conditioned to protect the department and all officers and
employees thereof and any subsequent purchaser of the vehicle, any
person acquiring a lien or security interest thereon, or the
successor in interest of such purchaser or person against any loss or
damage on account of any defect in or undisclosed claim upon the
right, title, and interest of the applicant or other person in and to
the vehicle.


38055.  In the event the vehicle is no longer identified in this
state and the currently valid certificate of ownership is surrendered
to the department, the bond or undertaking shall be returned and
surrendered at the end of three years or prior thereto.




38060.  (a) Whenever any person, after making application for
identification of an off-highway motor vehicle subject to
identification, or after the identification either as owner or legal
owner, moves or acquires a new address different from the address
shown in the application or upon the certificate of ownership or
identification certificate, that person shall, within 10 days
thereafter, notify the department of his or her old and new
addresses.
   (b) Any owner having notified the department as required in
subdivision (a), shall immediately mark out the former on the face of
the certificate and write with pen and ink or type the new on the
face of the certificate immediately below the former address and
initial the entry.

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