2007 California Vehicle Code Article 6. Refusal Of Registration

CA Codes (veh:4750-4766)

VEHICLE CODE

SECTION 4750-4766




4750.  The department shall refuse registration, or renewal or
transfer of registration, upon any of the following grounds:
   (a) The application contains any false or fraudulent statement.
   (b) The required fee has not been paid.
   (c) The registration, or renewal or transfer of registration, is
prohibited by the requirements of Part 5 (commencing with Section
43000) of Division 26 of the Health and Safety Code.
   (d) The owner of a heavy vehicle, which is subject to the heavy
vehicle use tax imposed pursuant to Section 4481 of Title 26 of the
United States Code, has not presented sufficient evidence, as
determined by the department, that the tax for the vehicle has been
paid pursuant to that section.
   (e) Evidence of financial responsibility, that is required for a
vehicle registration renewal where there is no change in registered
owner, has not been provided to the department pursuant to Section
4000.37 or electronically. This subdivision does not apply to any of
the following:
   (1) A vehicle for which a certification has been filed pursuant to
Section 4604, until the vehicle is registered for operation upon the
highway.
   (2) A vehicle owned or leased by, or under the direction of, the
United States or any public entity that is included in Section 811.2
of the Government Code.
   (3) A vehicle registration renewal application where there is a
change of registered owner.


4750.1.  (a) If the department receives an application for
registration of a specially constructed passenger vehicle or pickup
truck after it has registered 500 specially constructed vehicles
during that calendar year pursuant to Section 44017.4 of the Health
and Safety Code, and the vehicle has not been previously registered,
the vehicle shall be assigned the same model-year as the calendar
year in which the application is submitted, for purposes of
determining emissions control equipment and inspection requirements
for the vehicle.
   (b) If the department receives an application for registration of
a specially constructed passenger vehicle or pickup truck that has
been previously registered after it has registered 500 specially
constructed vehicles during that calendar year pursuant to Section
44017.4 of the Health and Safety Code, and the application requests a
model-year determination different from the model-year assigned in
the previous registration, the application for registration shall be
denied and the vehicle owner is subject to the emission control and
inspection requirements applicable to the model-year assigned in the
previous registration.  However, a denial of an application for
registration issued pursuant to this subdivision does not preclude
the vehicle owner from applying for a different model-year
determination and application for registration under Section 44017.4
of the Health and Safety Code in a subsequent calendar year.



4750.4.  Information provided by an insurer to the department
pursuant to Section 11580.10 of the Insurance Code and former Section
4750.2, as added by Chapter 946 of the Statutes of 1991, shall be
made available only to law enforcement agencies for law enforcement
purposes.



4750.5.  (a) The department shall withhold the registration or the
transfer of registration of any vehicle sold at retail to any
applicant by any person other than a vehicle manufacturer or dealer
holding a license and certificate issued pursuant to Chapter 4
(commencing with Section 11700) of Division 5, or an automobile
dismantler holding a license and certificate issued pursuant to
Chapter 3 (commencing with Section 11500) of Division 5, or a
lessor-retailer holding a license issued pursuant to Chapter 3.5
(commencing with Section 11600) of Division 5, and subject to the
provisions of Section 11615.5, until the applicant pays to the
department the use tax measured by the sales price of the vehicle as
required by the Sales and Use Tax Law (Part 1 (commencing with
Section 6001) of Division 2 of the Revenue and Taxation Code),
together with penalty, if any, unless the State Board of Equalization
finds that no use tax is due.  If the applicant so desires, he may
pay the use tax and penalty, if any, to the department so as to
secure immediate action upon his application for registration or
transfer of registration, and thereafter he may apply through the
Department of Motor Vehicles to the State Board of Equalization under
the provisions of the Sales and Use Tax Law for a refund of the
amount so paid.
   (b) The department shall transmit to the State Board of
Equalization all collections of use tax and penalty made under this
section.  This transmittal shall be made at least monthly,
accompanied by a schedule in such form as the department and board
may prescribe.
   (c) The State Board of Equalization shall reimburse the department
for its costs incurred in carrying out the provisions of this
section.  Such reimbursement shall be effected under agreement
between the agencies, approved by the Department of Finance.
   (d) In computing any use tax or penalty thereon under the
provisions of this section, dollar fractions shall be disregarded in
the manner specified in Section 9559 of this code.  Payment of tax
and penalty on this basis shall be deemed full compliance with the
requirements of the Sales and Use Tax Law insofar as they are
applicable to the use of vehicles to which this section relates.




4751.  The department may refuse registration or the renewal or
transfer of registration of a vehicle in any of the following events:

   (a) If the department is not satisfied that the applicant is
entitled thereto under this code.
   (b) If the applicant has failed to furnish the department with
information required in the application or reasonable additional
information required by the department.
   (c) If the department determines that the applicant has made or
permitted unlawful use of any registration certificate, certificate
of ownership, or license plates.
   (d) If the vehicle is mechanically unfit or unsafe to be operated
or moved on the highways.
   (e) If the department determines that a manufacturer or dealer has
failed during the current or previous year to comply with the
provisions of this code relating to the giving of notice to the
department of the transfer of a vehicle during the current or
previous year.
   (f) If the department determines that a lien exists, pursuant to
Section 9800, against one or more other vehicles in which the
applicant has an ownership interest.
   (g) If the applicant has failed to furnish the department with an
odometer disclosure statement pursuant to subsection (a) of Section
32705 of Title 49 of the United States Code.



4755.  The department shall refuse registration, or renewal or
transfer of registration for any commercial motor vehicle subject to
Section 4000.6, if the owner or operator of the motor vehicle at the
time of the application has been cited for a violation, pertaining to
that vehicle, of Division 26 (commencing with Section 39000) of the
Health and Safety Code or regulations of the State Air Resources
Board adopted pursuant to that division, until the violation has been
cleared, as determined by the State Air Resources Board.



4760.  (a) (1) Except as provided in subdivision (b), the department
shall refuse to renew the registration of any vehicle if the
registered owner or lessee has been mailed a notice of delinquent
parking violation relating to standing or parking, the processing
agency has filed or electronically transmitted to the department an
itemization of unpaid parking penalties, including administrative
fees pursuant to Section 40220, and the owner or lessee has not paid
the parking penalty and administrative fee pursuant to Section 40211,
unless he or she pays to the department, at the time of application
for renewal, the full amount of all outstanding parking penalties and
administrative fees, as shown by records of the department.
   (2) When the department receives the full amount of all
outstanding parking penalties and administrative fees pursuant to
paragraph (1), it shall issue a receipt showing each parking penalty
and administrative fee which has been paid, the processing agency for
that penalty and fee, and a description of the vehicle involved in
the parking violations.  The receipt shall also state that, to reduce
the possibility of impoundment under Section 22651 or immobilization
under Section 22651.7 of the vehicle involved in the parking
violation, the registered owner or lessee may transmit to that
processing agency a copy or other evidence of the receipt.
   (b) The department shall not refuse to renew the registration of
any vehicle owned by a renter or lessor if the applicant provides the
department with the abstract or notice of disposition of parking
violation issued pursuant to subdivision (c) for clearing all
outstanding parking penalties and administrative fees as shown by the
records of the department.
   (c) The court or designated processing agency shall issue an
abstract or notice of disposition of parking violation to the renter
or lessor of a vehicle issued a notice of delinquent parking
violation relating to standing or parking, if the renter or lessor
provides the court or processing agency with the name, address, and
driver's license number of the rentee or lessee at the time of
occurrence of the parking violation.



4760.1.  (a) The department shall, before renewing the registration
of any vehicle, check the driver's license record of all registered
owners for conviction of traffic violations and traffic accidents.
   (b) The department shall, before renewing the registration of any
vehicle, check the driver's license record of all registered owners
for notices filed with the department pursuant to subdivision (a) of
Section 40509 and notices that the licensee has failed to pay a
lawfully imposed fine, penalty, assessment, or bail within the time
authorized by the court for any violation which is required to be
reported pursuant to Section 1803 and shall refuse to renew the
registration of the vehicle if the driver's license record of any
registered owner has any such outstanding notices to appear or
failures to pay a court ordered fine, unless the department has
received a certificate issued by the magistrate or clerk of the court
hearing the case in which the promise was given showing that the
case has been adjudicated or unless the registered owner's record is
cleared as provided in Chapter 6 (commencing with Section 41500) of
Division 17.  In lieu of the certificate of adjudication, a notice
from the court stating that the original records have been lost or
destroyed shall permit the department to renew the registration.
   (c) Any notice received by the department pursuant to Section
40509 which has been on file five years may be removed from the
department records and destroyed, in the discretion of the
department.
   (d)  In lieu of the certificate of adjudication or a notice from
the court, the department shall with the consent of all registered
owners collect the amounts which it has been notified are due
pursuant to Sections 40509 and 40509.5, and authorized to be
collected pursuant to Article 2 (commencing with Section 14910) of
Chapter 5 of Division 6.



4761.  The department shall include on each potential registration
card issued for use at the time of renewal, or on an accompanying
document, an itemization of unpaid parking penalties, including
administrative fees, showing the amount thereof and the jurisdiction
which issued the notice of parking violation relating thereto, which
the registered owner or lessee is required to pay pursuant to Section
4760.



4762.  The department shall remit all parking penalties and
administrative fees collected, after deducting the administrative fee
authorized by Section 4763, for each notice of delinquent parking
violation for which parking penalties and administrative fees have
been collected pursuant to Section 4760, to each jurisdiction in the
amounts due to each jurisdiction according to its unadjudicated
notices of delinquent parking violation.  Within 45 days from the
time penalties are recorded by the department, the department shall
inform each jurisdiction which of its notices of delinquent parking
violation have been discharged.


4763.  The department shall assess a fee for the recording of the
notice of delinquent parking violation, which is given to the
department pursuant to Section 40220, in an amount, as determined by
the department, that is sufficient to provide a total amount equal to
its actual costs of administering Sections 4760, 4761, 4762, 4764,
and 4765.



4764.  Whenever a vehicle is transferred or not renewed for two
renewal periods and the former registered owner or lessee of the
vehicle owes a parking penalty for a notice of delinquent parking
violation filed with the department pursuant to Section 40220, the
department shall notify each jurisdiction of that fact and is not
required thereafter to attempt collection of the undeposited parking
penalty and administrative fees.



4765.  No exemption from the payment of any fee imposed by this code
is an exemption from the obligation of a registered owner or lessee
to pay the full amount of parking penalties and administrative fees
pursuant to Section 4760.


4766.  (a) Except as provided in subdivisions (b) and (c), the
department shall refuse to renew the registration of a vehicle for
which a notice of noncompliance has been transmitted to the
department pursuant to subdivision (a) of Section 40002.1 if no
certificate of adjudication has been received by the department
pursuant to subdivision (b) of that section. The department shall
include on each potential registration card issued for use at the
time of renewal, or on an accompanying document, an itemization of
citations for which notices of noncompliance have been received by
the department pursuant to subdivision (a) of Section 40002.1.  The
itemization shall include the citation number, citation date, and the
jurisdiction that issued the underlying notice pursuant to Section
40002 and the administrative service fee for clearing the offense
pursuant to subdivision (b) of this section.
   (b) Upon application for renewal of vehicle registration for a
vehicle subject to subdivision (a), the department shall not refuse
registration renewal pursuant to subdivision (a) if the applicant,
with respect to each outstanding certificate of noncompliance, has
performed both of the following:
   (1) Provides the department with a certificate of adjudication for
the offense issued pursuant to subdivision (b) of Section 40002. 1.

   (2) Pays an administrative service charge, which shall be
established by the department to, in the aggregate, defray its costs
in administering this section.
   (c) Whenever registration of a vehicle subject to subdivision (a)
is transferred or not renewed for two renewal periods, the department
shall so notify each court which transmitted a notice of
noncompliance affecting the vehicle and the department shall not
thereafter refuse registration renewal pursuant to subdivision (a).

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