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(continued)
(A) The first segment of Section II identifies the vehicle make, year, license plate number and vehicle identification number of the vehicle from which the device is being removed.
(B) The second segment of Section II identifies the vehicle make, year, license plate number, and vehicle identification number of the vehicle in which the device is being reinstalled and also includes the date of installation, and the date of the next monitor check.
(8) The name of the manufacturer of the device removed.
(9) The name, Bureau of Automotive Repair number, and address of the installation location that removed the device.
(10) A certification signed and dated by the installer, under penalty of perjury under the laws of the State of California, that the information provided on the form is true and correct.
(11) The installer's printed name and daytime telephone number.
(12) The date the form is sent to the department.
(b) A manufacturer shall account for each Notice of Removal, form DL 922 (NEW 11/99), issued to the manufacturer. If any unused forms become lost, stolen, or misplaced the manufacturer shall immediately notify local law enforcement and provide written notification to the department.
(c) Completed copies of the Notice of Removal form, DL 922 (NEW 11/99), shall be distributed as follows:
(1) The installer shall submit the original completed Notice of Removal, form DL 922 (NEW 11/99), to the department. The installer may mail the completed form to the Department of Motor Vehicles Mandatory Actions Unit, Mail Station J233, P. O. Box 942890, Sacramento, California, 94290-0001, or fax the completed form to the department at (916) 657-6001.
(2) One copy each shall be provided to the driver, the authorized installer of the device to include in the participant's file, and the manufacturer of the device or the manufacturer's agent, if applicable.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652, 13386 and 23575(g), Vehicle Code.
s 125.22. Notice to Employers Regarding an Ignition Interlock Restriction.
(a) The department shall provide to any requesting participant a Notice to Employers, Ignition Interlock Restriction, form DL 923 (NEW 11/99).
(b) The participant shall provide a Notice to Employers, Ignition Interlock Restriction, form DL 923 (NEW 11/99), to any employer who owns a vehicle that the participant must operate during the course of employment, and keep a copy of the Notice to Employers Ignition Interlock Restriction in his or her possession or with the vehicle operated. The Notice to Employers, Ignition Interlock Restriction, form DL 923 (NEW 11/99), allows the participant to operate the employer's vehicle without an ignition interlock device. The Notice to Employers, Ignition Interlock Restriction form DL 923 (NEW 11/99), shall contain the following information:
(1) The participant's name.
(2) The employer's name.
(3) The business name, telephone number, and address.
(4) A certification signed and dated by the employer, under penalty of perjury under the laws of the State of California, that the employer has been notified by the employee pursuant to Section 23576 of the Vehicle Code.
Note: Authority cited: Sections 1651 and 23576, Vehicle Code. Reference: Sections 1652 and 23576, Vehicle Code.
s 140.00. Reissue Fee.
(a) Pursuant to Section 14904 of the Vehicle Code, a $42.00 driver license reissue fee is required to be paid after the suspension or revocation of a person's driving privilege. This fee is in addition to any other fees required by the Vehicle Code, and shall be paid prior to the issuance, reissuance or return of the driver license.
(b) Pursuant to Section 14906 of the Vehicle Code, a $13.00 notice of sanction fee is required to be paid after the suspension or revocation of a person's driving privilege. This fee is in addition to any other fees required by the Vehicle Code, and shall be paid prior to the issuance, reissuance or return of the driver license.
(c) This Section does not apply to any suspension or revocation that is set aside by the department or a court, or which is based upon a physical or mental condition.
(d) This Section does not apply to any person subject to the fee required by Section 14905 of the Vehicle Code.
(e) The provisions of this section apply to driver license reissue and notice of sanction fees paid to the department on or after June 30, 1997.
Note: Authority cited: Sections 1651 and 14904, Vehicle Code. Reference: Sections 13106, 14904 and 14906, Vehicle Code.
s 146.00. Penalty Fee for Failure to Surrender Driver License.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 13551, 13551.1 and 14908, Vehicle Code.
s 147.00. House Car Endorsement.
(a) Applicants for a house car endorsement issued pursuant to Vehicle Code Sections 35400, 12804.09, 12804.10, and 12804.15 shall meet the following requirements:
(1) Obtain a non-commercial class B driver license.
(2) Meet and maintain the minimum medical requirements, by submitting a Physician's Health Report, form DL 546A (NEW 12/2001), upon application and every two years thereafter. The minimum medical requirement shall be the same as the requirements established for a restricted class A driver license in Title 13, Section 28.21, California Code of Regulations.
(3) Successfully complete a specialized written test based on the California Recreational Vehicles and Trailers Handbook.
(4) Successfully complete the practical (drive) test which includes (1) a vehicle safety check; (2) two skill tests that simulate the positioning of the house car in a designated space; and (3) driving/road test.
(5) Pay a fee pursuant to subdivision (c)(3) of Vehicle Code Section 12804.15.
(b) The following driver license classifications shall be exempt from the house car endorsement requirement:
(1) Commercial class A.
(2) Commercial class B.
(c) The medical form provided by the department, shall be the Physician's Health Report, form DL 546A (NEW 12/2001), and shall be completed and signed by a physician and contain the following information:
(1) The applicant's true full name, address, date of birth, driver license number, and daytime telephone number.
(2) A "yes" or "no" response as to whether the applicant:
(A) has difficulty recognizing the colors of red, green, and amber used in traffic signal lights and devices.
(B) has peripheral vision of less than 70 degrees for either eye.
(C) has difficulty perceiving a forced whispered voice in the better ear without a hearing aid, at not less than five (5) feet.
(D) has a vision impairment in either eye that is not correctable to visual acuity of 20/40 or better.
(E) has a missing foot, leg, hand, finger, or arm.
(F) has any other impairment of a hand, finger, arm, foot, or leg, or any other limitation.
(G) has diabetes requiring insulin for control.
(H) has had a hypoglycemic episode or any other adverse reaction related to diabetes in the last three (3) years.
(I) has had a heart attack, angina, coronary insufficiency, thrombosis, stroke, or other heart problem, or cardiovascular disease, and if "yes", whether the applicant has had labored breathing, fainting, collapse, congestive heart failure, or other symptoms in the last three (3) years.
(J) has been diagnosed with a respiratory condition, such as emphysema, chronic asthma, or tuberculosis and, if "yes", whether the respiratory condition is likely to interfere with the applicant's ability to drive a motor vehicle safely.
(K) has ever been diagnosed with high blood pressure of 160/90 or higher.
(L) has been diagnosed with rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease, and if "yes", whether the condition is likely to interfere with the applicant's ability to drive a motor vehicle safely.
(M) has ever been diagnosed with any mental, nervous, organic or functional disease, or psychiatric disorder, and if "yes", whether the condition is likely to interfere with the applicant's ability to drive a motor vehicle safely.
(N) has ever been diagnosed with epilepsy or any other condition which may cause loss of consciousness or loss of control, and if "yes", whether the applicant has had a loss of consciousness or loss of control in the last three (3) years.
(O) uses a controlled substance, amphetamine, narcotic, or any other habit-forming drug, and if "yes", whether the drug will interfere with the patient's ability to drive a motor vehicle.
(P) has a history or current clinical diagnosis of alcoholism.
(3) Visual acuity of each eye must be given and be at least 20/40 in each eye with or without corrective lenses.
(A) Whether contact lenses are worn, and if "yes", whether they are well adapted and tolerated.
(4) The applicant's blood pressure reading at the time of the exam.
(5) An explanation for any "yes" answers.
(6) A check-box indicating the applicant has been examined and has no physical impairment or condition to preclude him or her from driving a house car of more than 40 feet in length.
(7) The physician's name, office address, telephone number, date of applicant's last visit, physician's medical license or certificate number with the issuing state, date of the exam, and the signature of the physician.
(8) A certification signed and dated by the applicant under penalty of perjury, that the information provided is true and correct, and that the applicant consents to release of medical information to the department.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 12804.10, 12804.15 and 35400, Vehicle Code.
s 150.01. Vehicle Engine or Motor.
A motor vehicle engine or motor shall hereafter be defined as the principal parts of a motor assembly, which are the cylinder block with the crank shaft, pistons, and connecting rods for the number of cylinders in the block, cam shaft or cam shafts; within or without the lower half of the crank case.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 4161, 4163 and 9257, Vehicle Code.
s 150.02. Decorative or Facsimile License Plate Size.
Pursuant to Section 4463.5 of the Vehicle Code, facsimile plates shall not be of a size substantially similar to the motor vehicle license plate issued by the department. The facsimile plate shall be:
(1) Smaller than 9 inches in length and 3 inches in width, or
(2) Larger than 15 inches in length and 9 inches in width.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 4463.5, Vehicle Code.
s 150.04. Pickup Trucks.
(a) Pursuant to Section 471 of the Vehicle Code, any motor vehicle, except a motorcycle, motorized bicycle, or motorized quadricycle, with an open box type bed not exceeding 9 feet in length is by definition a pickup. Examples of this type of motor vehicle include the Ford Explorer Sport Trac, Nissan Frontier and other similarly designed vehicles.
(b) Pursuant to Section 471 of the Vehicle Code, any motor vehicle, except a motorcycle, motorized bicycle, or motorized quadricycle, that may be configured or reconfigured to provide an open box type bed not exceeding 9 feet in length is by definition a pickup. Examples of this type of motor vehicle include the Chevrolet Avalanche and similarly designed vehicles.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 471, Vehicle Code.
s 150.06. Description of Vehicle Required for Sale or Transfer.
For purposes of notifying the department of the sale or transfer of a vehicle as required in Vehicle Code Section 5900, the description of the vehicle shall consist of either the California license plate number or the vehicle identification number or both numbers.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 5900, Vehicle Code.
s 151.00. Refusal of Registration.
(a) Pursuant to California Health and Safety Code section 43151 and Vehicle Code section 4750, a new motor vehicle that is not certified by the California Air Resources Board as equipped with a California emission system may be refused California registration. The new motor vehicle shall not be driven or sold to circumvent this law.
(1) A new motor vehicle shall be defined as a vehicle with less than 7,500 miles on the odometer at the time it is first acquired, purchased, imported, delivered, rented, leased, or received by a California resident or a California established place of business.
(A) The odometer reading at the location and on the date the vehicle was purchased, imported, delivered, rented, leased, acquired or received by the California resident or an established place of business shall determine compliance with California Health and Safety Code sections 43150 through 43156.
(2) A new motor vehicle may include, but not be limited to, passenger motor vehicles, motorcycles, off-highway vehicles, and gas and diesel-powered motor vehicles.
(3) The term "resident" as used in Health and Safety Code section 43151 shall be as defined in Vehicle Code section 516.
(4) California residents that are military personnel on active duty outside of California when the new motor vehicle was purchased, imported, delivered, rented, leased, acquired or received may be considered nonresidents for purposes of this section.
(b) The department may require additional documentation pursuant to California Vehicle Code section 4751 to substantiate the odometer reading, or the request of a California resident or a California established place of business for an exemption to register a non-California certified vehicle as provided in subdivisions (b) and (c) of Health and Safety Code section 43151; Vehicle Code sections 6701, 27156.2, and 27156.3; and Article 2, Section 1958 of Chapter 1, Division 3, Title 13, California Code of Regulations.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 516, 4750, 6701, 27156.2 and 27156.3, Vehicle Code; and Sections 43150, 43151, 43153, 43154, 43155 and 43156, Health and Safety Code.
s 152.00. Motor Vehicle Bond Requirements.
(a) A motor vehicle owner applying for a California certificate of title without the required supporting evidence of ownership may submit a bond as authorized under Vehicle Code section 4157. The bond shall be executed by an admitted surety insurer on a Motor Vehicle Ownership Surety Bond, form REG 5057 (REV. 12/2004), which is hereby incorporated by reference. The bond shall be subject to chapter 2 (commencing with Section 995.010), title 14, of part 2 of the Code of Civil Procedure.
(b) The penal sum of the bond shall be in the amount of the fair market value of the motor vehicle.
(1) The fair market value shall be determined by either:
(A) A written appraisal provided by a California licensed or other state licensed motor vehicle dealer or motor vehicle insurance representative; or
(B) Identification of the motor vehicle and its price variations based on information provided in a recognized industry motor vehicle valuation and pricing handbook, such as the Kelly Blue Book. The highest and lowest price variations shall be added together and then divided by two; the result is the average price of the vehicle. The average price shall be the fair market value.
(c) A motor vehicle owner applying for a California certificate of title without the required supporting evidence of ownership may submit a deposit equal to the monetary amount appraised in Section 152.00(b)(1)(A) or calculated in Section 152.00(b)(1)(B) in lieu of bond as provided in Section 995.710 of the Code of Civil Procedure.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 995.010 and 995.710, Code of Civil Procedure; and Sections 4157 and 4307, Vehicle Code.
s 154.00. Commercial Vehicle Weight Decals.
(a) The department shall issue a set of two (2) weight decals to each vehicle weighing 10,001 pounds or more in accordance with subdivision (f) of Vehicle Code section 9400.1. Except for school buses, as defined in Vehicle Code Section 545 (see subsection (a)(1) below for the requirements that apply only to school buses), one (1) weight decal shall be affixed to each door on the right and left sides of the vehicle, or, if the vehicle has sliding doors, immediately in front of or behind each door. The decals may be affixed to plaques that are permanently attached to or adjacent to the right and left door of the vehicle. Both decals shall be visible from fifty feet.
(1) School Buses, as defined in Vehicle Code Section 545, shall have one weight decal affixed on each side of the vehicle, or upon plaques which are permanently affixed to the vehicle, twelve (12) inches from the rear portion of the rear wheel well opening. Both decals shall be visible from fifty feet.
(b) The department shall charge a three dollar ($3) fee for each set of weight decals, including substitute and duplicate weight decals.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 9400.1, Vehicle Code.
s 155.00. Definitions.
As used in this article, the following definitions shall apply:
(a) An uncovered total loss vehicle is a stolen vehicle that is not recovered within 60 days of the date the theft of the vehicle is reported to the police.
(b) A constructive total loss vehicle is a vehicle meeting the conditions set forth in section 544 of the Vehicle Code defining a total loss salvage vehicle.
(c) A nonrepairable vehicle is a vehicle meeting the conditions set forth in section 431 of the Vehicle Code.
Note: Authority cited: Section 10902, Revenue and Taxation Code; and Section 1651, Vehicle Code. Reference: Sections 431, 11515 and 11515.2, Vehicle Code; and Section 10902, Revenue and Taxation Code.
s 155.02. Vehicle License Fee Refund Requirements.
(a) Prior to the submission of a vehicle license fee refund request for an unrecovered total loss vehicle, the following conditions shall be satisfied:
(1) The vehicle shall be registered in the name of the owner of the salvage value of the total loss vehicle in accordance with section 5902 of the Vehicle Code.
(2) Sixty (60) days shall have elapsed from the date the theft of the vehicle was reported to the police.
(b) Prior to, or at the same time as, the vehicle license fee refund request is submitted for a constructive total loss or nonrepairable vehicle, the requirements of section 11515 or 11515.2 of the Vehicle Code shall be satisfied.
Note: Authority cited: Section 10902, Revenue and Taxation Code; and Section 1651, Vehicle Code. Reference: Sections 9868, 11515, 11515.2 and 42231, Vehicle Code; and Section 10902, Revenue and Taxation Code.
s 155.04. Application for a Vehicle Licensee Fee Refund.
(a) The application for the refund of the remaining portion of the vehicle license fee for an unrecovered total loss vehicle shall be submitted to the department on an Application for Vehicle License Fee Refund, Part A, Unrecovered Total Loss Vehicle form, [REG 65 (11/2003)] and shall contain the following information:
(1) The vehicle license plate number, vehicle identification number, year model, and vehicle make of the unrecovered total loss vehicle.
(2) The month, day and year of the vehicle theft.
(3) The month, day and year of the vehicle theft report and the name and location of the police where the theft was reported.
(A) A copy of the police vehicle theft report shall be submitted to the department with the application for a refund for an unrecovered total loss vehicle when a Department of Justice stolen vehicle update is not included in the vehicle report of the department.
(4) A certification signed by the applicant under penalty of perjury under the laws of the State of California that the information entered by the applicant is true and correct.
(5) The true full name(s) and address of the registered owner(s) of record at the time the vehicle was stolen.
(6) The signature of the applicant and the date signed.
(b) The application for the refund of the remaining portion of the vehicle license fee for a constructive total loss or nonrepairable vehicle shall be submitted to the department on an Application for Vehicle License Fee Refund, Part B, Constructive Total Loss or Nonrepairable Vehicle form, [REG 65 (11/2003)], and shall contain the following information:
(1) The vehicle license plate number, vehicle identification number, year model, and vehicle make of the constructive total loss or nonrepairable vehicle.
(2) The month, day and year the constructive total loss or nonrepairable vehicle was wrecked, destroyed or damaged by a single event.
(3) The true full name(s) and the address of the registered owner(s) of record at the time the vehicle was wrecked, destroyed or damaged.
(4) A certification signed under penalty of perjury under the laws of the State of California by the registered owner(s) of record named in subdivision (3) that he and/or she was not cited or convicted of one or more violations pursuant to section 23152 or section 23153 of the Vehicle Code which relates to driving under the influence of alcohol or drugs, or pursuant to section 23103 of the Vehicle Code as specified in section 23103.5 of the Vehicle Code which involves a substitute (plea) for an original citation of driving under the influence on connection with the loss of the vehicle described in the application.
(A) If the registered owner of record named in subdivision (3) was cited under any of these code sections, acceptable proof of the dismissal of the citation or a finding of not guilty shall be submitted to the department with the application.
(B) Acceptable proof shall be defined as a court abstract form (DL106R), a magnetic tape court abstract, a letter from a court on court letterhead, a departmental phone slip signed or initialed by the department employee who initiated the telephone call, or departmental microfilm or microfiche documentation.
(5) A declaration signed by the registered owner(s) of record named in subdivision (3) under penalty of perjury under the laws of the State of California that all the information entered on the application by the owner(s) is true and correct.
(6) The signature(s) and the date signed by the registered owner(s) of record named in subdivision (3).
(7) The true full name and address of the applicant who is the owner of the salvage value of the vehicle.
(8) A certification signed by the applicant under penalty of perjury under the laws of the State of California that the information entered by the applicant is true and correct.
(9) The signature of the applicant and the date signed.
(c) The application for a refund for the remaining portion of the vehicle license fee for a total loss vehicle shall be received by the department within three (3) years after the date the vehicle license fees were paid.
Note: Authority cited: Section 10902, Revenue and Taxation Code; and Section 1651, Vehicle Code. Reference: Sections 9868, 11515 and 11515.2, Vehicle Code; and Section 10902, Revenue and Taxation Code.
s 155.05. Application for Salvage or Nonrepairable Vehicle Certificates.
(a) In addition to the requirements specified in Section 11515 and 11515.2 of the Vehicle Code to obtain a salvage certificate for a constructive total loss vehicle, an Application for Salvage Certificate or Nonrepairable Vehicle Certificate form [REG 488C (REV 10/2003)] shall be submitted to the department and shall contain the following:
(1) The vehicle description, including the vehicle license number, make, year, vehicle identification number, the state of last known registration, and the date registration expires.
(2) The insurance claim number, if available.
(3) The cost/value of the vehicle as determined either by the insurance company's payoff or the purchase price from the previous owner.
(A) The cost/value shall not be required when the application is for a duplicate salvage certificate.
(4) The date the vehicle was wrecked or destroyed.
(5) The date the vehicle was stolen.
(6) The date the vehicle was recovered if stolen.
(7) A statement signed and dated by the applicant or authorized agent to certify that the described vehicle is a total loss salvage, that a properly endorsed certificate of ownership document or documents are attached, and a request for a salvage certificate.
(A) If the properly endorsed certificate of ownership or other appropriate evidence of ownership cannot be secured, a Statement of Facts form [REG. 256 (REV. 1/2003)] explaining why the title cannot be obtained must be submitted.
(B) When a certificate of ownership or other evidence of ownership is not attached, then a surety bond pursuant to Section 4157 of the Vehicle Code in the amount of the cost/value of the vehicle shall be required if the insurance payoff plus the salvage value is $5,000 or more. A surety bond is also required when settlement is made to the legal owner of a vehicle without the release of the registered owner unless repossession documentation is attached.
(8) The name and address of the insurance company or applicant.
(9) The California Driver License or Identification Card number if the applicant is an individual and not a business or an agent.
(10) If applicable, the agent's name and occupational license number when the agent is licensed by the department.
(b) In addition to the requirements specified in Section 11515.2 of the Vehicle Code to obtain a nonrepairable vehicle certificate for a vehicle, an Application for Salvage Certificate or Nonrepairable Vehicle Certificate form [REG 488C (REV 10/2003)] shall be submitted to the department and shall contain the following:
(1) The vehicle description, including the vehicle license number, make, year, vehicle identification number, the state of last known registration, and the date registration expires.
(2) The insurance claim number, if available.
(3) The cost/value of the vehicle as determined either by the insurance company's payoff or the purchase price from the previous owner.
(A) The cost/value shall not be required when the application is for a duplicate nonrepairable certificate only.
(4) The date the vehicle was wrecked or destroyed.
(5) The date the vehicle was stolen.
(6) The date the vehicle was recovered if stolen.
(7) An indication of whether the nonrepairable condition pursuant to Vehicle Code section 431 was due to a surgical strip. a complete burn, or declared nonrepairable by the owner.
(8) A statement signed and dated by the applicant or authorized agent certifying that the described vehicle is a nonrepairable vehicle, that properly endorsed ownership documents are attached, and requesting a nonrepairable vehicle certificate to be issued.
(9) The name and address of the insurance company or applicant.
(10) The California Driver License or Identification Card number if the applicant is an individual and not a business nor an agent.
(11) If applicable, the agent's name and occupational license number when the agent is licensed by the department.
(c) The License Plate Disposition Certification Section shall be completed with original applications for salvage and nonrepairable vehicle certificates and shall contain the following:
(1) An indication by the applicant certifying that the license plates assigned to the vehicle either are being surrendered, have been lost, have been destroyed by an occupational licensee, or are special plates retained by the owner.
(2) If the plates are surrendered, the applicant shall indicate the number of plates surrendered.
(3) If the plates were destroyed by an occupational licensee, the occupational license number shall be indicated.
(d) A statement signed and dated by the applicant certifying under penalty of perjury under the laws of the State of California that the information provided on the application is true and correct.
Note: Authority cited: Section 10902, Revenue and Taxation Code; and Section 1651, Vehicle Code. Reference: Sections 9868, 11515 and 11515.2, Vehicle Code; and Section 10902, Revenue and Taxation Code.
s 155.06. Surrender of License Plates.
Note: Authority cited: Section 10902, Revenue and Taxation Code. Reference: Section 10902, Revenue and Taxation Code.
s 155.08. Vehicle License Fee Refund Calculations.
(a) The amount of the vehicle license fee refunded for an unrecovered or constructive total loss or nonrepairable vehicle shall be based on one-twelfth of the annual vehicle license fee for each full month that remains until the vehicle registration expires.
(1) The number of full months remaining shall be calculated from the date of loss of the vehicle through the registration expiration date. A portion of each full month that remains until registration expires shall not be considered a full month when calculating the number of remaining months.
(b) An administrative fee pursuant to Vehicle Code section 11515.2(d) shall be deducted from the refund amount.
Note: Authority cited: Section 10902, Revenue and Taxation Code; and Section 1651, Vehicle Code. Reference: Sections 9868 and 11515.2, Vehicle Code; and Section 10902, Revenue and Taxation Code.
s 155.10. Repayment of the Refunded Vehicle License Fee.
(a) When a refund is received for an unrecovered total loss vehicle which is subsequently recovered in the same registration year for which the refund was received, the current owner shall return the amount of the vehicle license fee refunded per section 155.08(a) of these regulations.
(1) When the repayment is not received by the department prior to the subsequent renewal of the registration, the renewal fees will include the amount of the vehicle license fee refunded per section 155.08(a) of these regulations.
(b) When a refund is received for a constructive total loss vehicle which is subsequently repaired and registered in the same registration year for which the refund was received, the registration fees shall include the amount of the vehicle license fee refunded per section 155.08(a) of these regulations.
Note: Authority cited: Section 10902, Revenue and Taxation Code; and Section 1651, Vehicle Code. Reference: Sections 9868, 11515 and 11515.2, Vehicle code; and Section 10902, Revenue and Taxation Code.
s 156.00. Clean Air Vehicle Stickers.
(a) Applicants for Clean Air Vehicle Stickers shall complete an Application for Clean Air Vehicle Stickers [Form REG 1000 (REV. 9/2005)] which is hereby incorporated by reference, and available at all field offices and on the Internet at www.dmv.ca.gov.
(b) Only vehicles that meet both the Federal Inherently Low Emission Vehicle standards [as defined in Part 88 (commencing with Section 88.311-93) of Title 40 of the Code of Federal Regulations] and the California Ultra-Low Emission Vehicle (ULEV) or Super Ultra-Low Emission Vehicle (SULEV) standards, [as defined in Title 13, Section 1960.1, of the California Code of Regulations]; or hybrid vehicles or alternative fuel vehicles that meet California's advanced technology partial zero emission vehicle (ATPZEV) standards and have a 45 miles per gallon or greater fuel economy rating; or hybrid vehicles produced during the 2004 model year or earlier and have a 45 miles per gallon or greater fuel economy highway rating, and meet California's ULEV, SULEV, or partial zero emission vehicle standards, as listed on the Air Resources Board (ARB)'s Internet website at www.arb.ca.gov/msprog/carpool/carpool.htm, are eligible for Clean Air Vehicle Stickers and must be powered by one of the following:
(1) Electric (E);
(2) Liquid Petroleum Gas [LPG] (P);
(3) Compressed Natural Gas [CNG] (N);
(4) Hybrid [gasoline in combination with electric] Power (Q).
(c) If the applicant's vehicle(s) does not appear on the ARB's list of eligible vehicles, the application shall be refused, and if necessary, the department shall refer the applicant to the ARB's Internet website or toll free telephone number (800) 242-4450, for assistance. A certification from the ARB verifying the vehicle meets the emission standards as set forth in subdivision (b) will be required by the department before stickers may be issued.
(1) Vehicles converted by means of "aftermarket" kits to 100% electric power to meet the sticker qualification shall be referred to ARB's toll free telephone number to obtain an ARB certification before stickers may be issued.
(d) Registered owners who have a fleet of like vehicles may submit one application for the entire fleet.
(1) A list shall be attached to the application, which identifies each vehicle by:
(A) Vehicle Identification Number;
(B) License Plate Number;
(C) Make;
(D) Model and year.
(2) "Like" vehicles are those vehicles that are powered by the same energy source.
(e) If the application is incomplete or deficient, the department shall notify an applicant, in writing, within 30 days of receipt of the application.
(1) An application is considered deficient when the applicable requirements of these regulations are not fulfilled.
(A) When an application is determined to be deficient, the department shall identify the specific requirement(s) needed to complete the application.
(2) An application is considered complete when the applicable requirements of these regulations have been fulfilled.
(A) When an application is determined to be complete, a set of stickers shall be issued.
(f) An $8.00 application fee for each set of Clean Air Vehicle Stickers requested and the completed application(s) as set forth in subdivision (c)(1), along with a list as set forth in subdivision (d)(1), if applicable, shall be mailed to:
special processing unit - ms D238 department of motor vehicles p.o. box 932345 Sacramento, ca 94232-3450
or delivered to any department field office.
(g) Number, color and placement of the Clean Air Vehicle stickers shall be as follows:
(1) For vehicles meeting ULEV, SULEV, or ZEV standards [as described in paragraph (b)], the stickers shall be of white material, issued to each vehicle in sets of three. The two larger stickers shall be affixed on each vehicle's rear quarter panels, one on each side of the vehicle, behind the wheel wells, with the State Seal in the up position. The smaller sticker in the set shall be affixed to the right side of the vehicle's rear bumper, with the State Seal in the up position.
(2) For vehicles meeting California's ATPZEV standards or hybrid vehicles [as described in paragraph (b)], the stickers shall be of yellow material, issued to each vehicle in sets of four, with placement as described in paragraph (d)(1), except that the fourth sticker shall also be of the smaller size referenced in paragraph (d)(1) and shall be affixed to the right side of the vehicle's front bumper.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 5205.5 and 21655.9, Vehicle Code.
s 157.00. Firefighting Vehicles.
(a) A firefighting vehicle is defined as any vehicle that contains firefighting apparatus and equipment which is designed and intended primarily for firefighting. The following privately owned vehicles, when operated upon a highway only in responding to, and returning from, emergency fire calls, qualify as firefighting vehicles and are exempt from registration:
(1) Fire trucks equipped with hose and ladders.
(2) Fire engines.
(3) Other vehicles permanently equipped with firefighting apparatus and equipment.
(4) A tank truck operated solely in conjunction with a fire truck, fire engine or other self propelled firefighting apparatus.
(b) Privately owned vehicles or a combination of vehicles, which are not designed primarily for firefighting, including hazardous materials response vehicles, dedicated rescue vehicles, command post communications vehicles, passenger vehicles, buses, mobile kitchens, mobile sanitation facilities, and heavy equipment transport vehicles, do not qualify as firefighting vehicles as defined under subdivision (a) of this section.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 8589.10(c), Government Code; and Section 4015, Vehicle Code.
s 158.00. Zero Emission Vehicle Parking Decal.
(a) Applicants for a Zero Emission Decal shall complete an Application for Zero Emission Parking Decal [Form REG 4048 (REV. 6/2003)], which is hereby incorporated by reference and available at all field offices and on the Internet at www.dmv.ca.gov.
(b) The issuance of the decal will be limited to zero emission vehicles that use electricity as the motive power and require the use of recharging equipment.
(1) A zero emission vehicle is defined as a car, truck, or any other vehicle that provides no tailpipe or evaporative emissions.
(c) If the application is incomplete or deficient, the department shall notify an applicant, in writing, within 30 days of receipt of the application.
(1) An application is considered deficient when the applicable requirements of these regulations are not fulfilled.
(A) When an application is determined to be deficient, the department shall identify the specific requirement(s) needed to complete the application.
(2) An application is considered complete when the applicable requirements of these regulations have been fulfilled.
(A) When the application is determined to be complete, a decal shall be issued.
(d) A completed application and a $17.00 fee for each Zero Emission Vehicle Decal shall be mailed to:
Special Processing Unit - MS D238 Department of Motor Vehicles PO box 932345 Sacramento, ca 94232-3450
or delivered to any department field office.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 22511 and 22511.1, Vehicle Code.
s 159.00. Vehicle Classification.
(a) After determining the cost price to the purchaser, the department shall classify or reclassify every vehicle, other than a trailer or semi-trailer described in subdivision (a) of Section 5014.1 of the Vehicle Code, in its proper class according to the classification plan set forth in this section.
(b) For the purpose of this section, a classification plan is established consisting of the following classes: a class from zero dollars ($0) to and including forty-nine and ninety-nine cents ($49.99); a class from fifty dollars ($50) to and including one hundred ninety-nine dollars and ninety-nine cents ($199.99); and thereafter a series of classes successively set up in brackets having a spread of two hundred dollars ($200), consisting of a number of classes that will permit classification of all vehicles.
(c) The market value of a vehicle, other than a trailer or semi-trailer as described in subdivision (a) of Section 5014.1 of the Vehicle Code, for each registration year, starting with the year the vehicle was first sold to a consumer as a new vehicle, or the year the vehicle was first purchased or assembled by the person applying for original registration in this state, or the year the vehicle was sold to the current registered owner as a used vehicle, shall be as follows: for the first year, 100 percent of a sum equal to the middle point between the extremes of its class as established in subdivision (b); for the second year, 90 percent of that sum; for the third year, 80 percent of that sum; for the fourth year, 70 percent of that sum, for the fifth year, 60 percent of that sum; for the sixth year, 50 percent of that sum; for the seventh year, 40 percent of that sum; for the eighth year, 30 percent of that sum; for the ninth year, 25 percent of that sum; and for the 10th year, 20 percent of that sum; and for the 11th year and each succeeding year, 15 percent of that sum; provided, however, that the minimum tax shall be the sum of one dollar ($1). Notwithstanding this subdivision, the market value of a trailer coach first sold on and after January 1, 1966, which is required to be moved under permit as authorized in Section 35790 of the Vehicle Code, shall be determined by the schedule in Section 10753.3 of the Revenue and Taxation Code.
Note: Authority cited: Section 1651, Vehicle Code; and Section 10752, Revenue and Taxation Code. Reference: Section 5014.1, Vehicle Code; and Sections 10751, 10752, 10752.1, 10753 and 10754, Revenue and Taxation Code.
s 159.10. Window Decal for Vehicles with a Wheelchair Lift or Wheelchair Carrier.
(a) Applicants for a Window Decal shall complete Sections D and H of a Miscellaneous Statements of Fact (REG 256, REV. 2/2004), which is available at all field offices and on the Internet at www.dmv.ca.gov, as follows:
(1) The disabled person plate, disabled veteran plate, or disabled person placard number.
(2) The license number, vehicle make, and vehicle identification number of the vehicle to which the decal will be affixed.
(3) The name and address where the decal is to be mailed.
(4) A signature certifying under penalty of perjury under the laws of the State of California that the information provided is true and correct.
(5) The date the form was signed.
(6) Daytime phone number.
(b) A decal bearing a vehicle's license plate number will be issued, at no charge, to vehicles equipped with a wheelchair lift or wheelchair carrier, which obstructs the view of the vehicle's rear license plate. To qualify for the decal, the applicant must have been issued one of the following:
(1) A disabled person license plate under Vehicle Code Section 5007;
(2) A disabled veteran license plate under Vehicle Code Section 5007;
(3) A disabled person permanent placard under Vehicle Code Section 22511.55.
(c) A completed Miscellaneous Statements of Fact form shall be mailed to:
special processing unit - ms d238 department of motor vehicles p.o. box 932345 sacramento, ca 94232-3450
Or delivered to any field office.
Note: Authority cited: Sections 1651 and 5201, Vehicle Code. Reference: Sections 1652 and 5201, Vehicle Code.
s 160.00. Applications and Fees for Special Interest License Plates.
(a) Sponsors of special interest license plates shall establish an account in a federally insured financial institution for the deposit of the funds collected for the required number applications, as specified in Vehicle Code Section 5060(d)(1), for the special interest license plates.
(b) Sponsors shall submit monthly reports to the department indicating:
(1) Number of applications for special interest license plates received in the reporting month, by type (sequential/Environmental License Plate);
(2) Amount of fees collected in the reporting month, by type (sequential/ELP);
(3) Total number of applications and total amount of fees collected to date.
(c) Sponsors shall submit the required number of applications, as specified in Vehicle Code Section 5060(d)(1), for the initial issuance of special interest license plates to the department, with a summary of the monthly reports for audit purposes.
(d) The required number of initial applications, as specified in Vehicle Code Section 5060(d)(1), for special interest license plates shall be submitted to the department with the associated fees collected by the sponsoring organization:
(1) The fees shall be submitted to the department in the form of one check payable in an amount equal to the fees due;
(2) The check shall be made payable in United States funds to the Department of Motor Vehicles;
(3) The check shall be currently dated and signed by the person(s) designated as signatory(ies) for the account;
(4) The check shall be drawn on a California financial institution.
(e) Applications for the initial number of special interest license plates, as specified in Vehicle Code Section 5060(d)(1), which are submitted to the department with more than one check will be returned, unprocessed, to the sponsor.
(f) Sponsors shall submit an annual report to the department as specified in Vehicle Code Section 5060(h).
Note: Authority cited: Sections 1651 and 5110(a), Vehicle Code. Reference: Section 5060, Vehicle Code.
s 170.00. Information Required on a Special Interest/Environmental License Plate Application.
(a) An application for special interest/environmental license plates, as defined in Sections 5060 and 5103 of the Vehicle Code, shall be submitted in person or by mail to the department on a Special Interest License Plate Application, Form REG 17 (Rev. 7/2000), provided by the department and available on the Internet at www.dmv.ca.gov.
(1) If the application is made in person, it shall be made to any department location which processes vehicle registrations.
(2) If the application is made by mail, it shall be sent to the Department of Motor Vehicles, P.O. Box 932345, Sacramento, CA 94232-3450, or to any department location which processes vehicle registrations.
(3) Another department-approved version of this form with a different revision date shall be acceptable if the content of the form is in substantial compliance with the requirements of this section.
(b) The application shall be accompanied by the applicable fee specified in Sections 4850, 5106 and 5108 of the Vehicle Code; the fee schedule is on the back of the form.
(c) The application shall include the following information:
(1) An indication of whether the application is for original plates, for replacement plates or to reassign, hold or release current plates.
(2) The purchaser's or plate owner's true full name.
(3) The mailing address of the person who will be the plate owner.
(4) The name of the recipient, if the plates are a gift.
(5) An indication of whether the license plates will be assigned to an auto, truck, trailer, or motorcycle, and the type of plate ordered.
(6) The location of the department or auto club office where the special interest/environmental license plates will be picked up or exchanged for the current license plates and registration, if the license plates will not be mailed.
(7) The applicant's first, second, and third choices of the configuration of letters and numbers to appear on the license plates and the meaning of each.
(A) The configuration shall comply with the specifications of Section 5105 of the Vehicle Code.
(B) When a desired configuration is not available, a letter shall not be substituted for a number, nor shall a number be substituted for a letter, to create another configuration of a similar appearance.
(C) The number zero shall not be used in the configuration.
(D) The department shall refuse any configuration that may carry connotations offensive to good taste and decency, or which would be misleading, based on criteria which includes, but is not limited to, the following:
1. The configuration has a sexual connotation or is a term of lust or depravity.
2. The configuration is a vulgar term; a term of contempt, prejudice, or hostility; an insulting or degrading term; a racially degrading term; or an ethnically degrading term.
3. The configuration is a swear word or term considered profane, obscene, or repulsive.
4. The configuration has a negative connotation to a specific group.
5. The configuration misrepresents a law enforcement entity.
6. The configuration has been deleted from regular series license plates.
7. The configuration is a foreign or slang word or term, or is a phonetic spelling or mirror image of a word or term falling into the categories described in subdivisions 1. through 6. above.
(8) If the plate is reassigned, held for future use or relinquished, complete the appropriate information as required:
(A) The special interest license plate number.
(B) The Vehicle Identification Number (VIN) of the vehicle the plate was taken from.
(C) If reassigned, the current license plate number of the vehicle it will be on and that vehicle's VIN
(D) An indication if the plate is being reserved for future use.
(E) An indication of release of interest in the plate.
(9) If the application is for replacement of lost, stolen or mutilated plates indicate whether one or two plates are needed.
(10) A statement signed by the purchaser certifying under penalty of perjury under the laws of the State of California that the purchaser has provided true and correct information.
(11) The date the application is signed.
(12) The purchaser's daytime telephone number.
(13) If the plate is being purchased as a gift, the plate owner specified in subdivision (c)(4), of this regulation, shall be the recipient, and the purchaser specified in subdivisions (c)(2), (10), and (12), of this regulation, shall be the applicant.
(d) The department shall not honor a request for a change of choice or spacing in the letter/number configuration, or a request for a refund, after the license plate reservation is made, unless the request is due to departmental error.
(1) If the department erred when making the special interest/environmental license plate reservation, and the plate owner requests a change, the plate owner shall be permitted to submit a new special interest/environmental license plates application without payment of additional fees.
(2) If the department did not err when making the reservation, a new application and application fees shall be submitted for any change in the configuration.
Note: Authority cited: Sections 1651, 1652 and 5110, Vehicle Code. Reference: Sections 4850, 5060, 5101, 5102, 5103, 5105, 5106, 5108 and 5109, Vehicle Code.
s 170.02. Assignment of Environmental License Plates to Leased or Company Vehicle.
(a) If the applicant is the lessee of the vehicle to which the environmental license plates are to be assigned but the registration certificate does not show the applicant's name as the lessee, a statement of facts authorizing the use of the environmental license plates on the vehicle shall be required from the leasing company.
(b) If the environmental license plates are to be assigned to a company vehicle, a statements of facts authorizing the use of the environmental license plates on the vehicle shall be required from the company. (continued)