BajaNomad

South Dakota plates/residency & driving in CA

Whale-ista - 4-16-2015 at 12:11 PM


Some recent posts/comments about legal residency reminded me: Lately, I see a lot of South Dakota tags in my San Diego 'hood, as well as in Baja and Baja Sur.

Perhaps these people are only visiting, or they are staying with friends/family while getting healthcare treatments in the US?

But given other comments on Nomad, I suspect it's only a matter of time before the feds begin collaborating with local LEOs, and begin investigating these residency claims more closely- or maybe they already are. There are electronic plate readers that easily monitor vehicles parked on streets, so if you are in CA often, with South Dakota plates, chances are you will be monitored at some point.

Just an FYI...

woody with a view - 4-16-2015 at 12:32 PM

I think you are considered a resident after 10 days per the DMV in CA.

tiotomasbcs - 4-16-2015 at 01:13 PM

I'm just travelling thru. Going to visit my Mother. For the past few years while travelling NOB I have not had an issue. Maybe it's my soccer mom's van that provides a great cover for an old Liberal?! :bounce: I have heard of a few new requirements for new applicants. Goin with the flow. Tio

sancho - 4-16-2015 at 01:40 PM

In a somewhat related story, is the practice of Ca residents
purchasing new large motorhomes, then registering them in
Montana with a paper Corp., that allows the motorhome owner
to escape the Ca sales tax, reg fees, etc. The Ca motorhome
owner keeps it in Ca., and is able to drive it in Ca. with his Ca.
drivers license since the registration is not in his name, but in
a corp that exists only on paper. Legal? Yes


toneart - 4-16-2015 at 01:48 PM

I would think obtaining insurance for any vehicle would be difficult since you have to declare where it is garaged (or parked). Doubtful you could cheat on this. Even if you did give a false declaration, it would be drawn to the attention of the respective DMVs. Also, a false declaration would render the insurance coverage void in the case of an accident.:light:

Please report here if your experience makes my conjecture false.

BajaUtah - 4-16-2015 at 02:12 PM

Quote: Originally posted by toneart  
I would think obtaining insurance for any vehicle would be difficult since you have to declare where it is garaged (or parked). Doubtful you could cheat on this. Even if you did give a false declaration, it would be drawn to the attention of the respective DMVs. Also, a false declaration would render the insurance coverage void in the case of an accident.:light:

Please report here if your experience makes my conjecture false.


I have never been asked for my registration when getting vehicle insurance. I have a Utah reg'd car and an SD reg'd truck on the same policy. The insurance company never asked where either were registered. On the plus side I have never made a claim on either so I don't know if it would matter.

motoged - 4-16-2015 at 02:48 PM

I managed to "register" a dirt bike 10 years ago with an insurance agent I went to because she was known to not pay attention to such finicky details when selling insurance.

The bike was technically illegal to put plates on due to no lights, turn signals, or horn. I did not take the step to insure it then or ever, but received the "paper" which made such plating possible. This paper trail was to my advantage, but would have been void if the bike were to be insured as legal for public road use and a claim was made.

What makes some things "legal" resides in the fine print most often....and we can overlook it due to our myopic vision or ulterior motives.

Up here in the frozen wastelands we must present registration papers for a vehicle in order to insure it .



[Edited on 4-16-2015 by motoged]

durrelllrobert - 4-16-2015 at 03:10 PM

Every year i get proof of insurance cards for South Dakota AND Canada from Gieco and the garaged address shown is my Postal Mail Box in Chula Vista (same as my CA drivers license).

Lee - 4-16-2015 at 03:19 PM

LA Times, 2003:

''From July 2001 to June 2002, the most recent figures available, the California Department of Motor Vehicles received 2,000 reports of California residents owning and driving vehicles registered in other states, says DMV spokesman Armando Botello.

"That's probably the tip of the iceberg," says David Cavano, manager of automotive services at the Automobile Club of Southern California. Enforcing the law is "almost impossible," he said, unless violators are stopped by a police officer who discovers the deception or a citizen reports them. In fact, the reports investigated by the DMV and the California Highway Patrol came from law enforcement officers and citizens, Botello said.

As a result of 107 of the investigations into cases in which vehicle owners failed to comply despite notification by the DMV, the California Franchise Tax Board collected $43,000 from scofflaws. Botello noted that the figure does not reflect back registration and license fees paid voluntarily by vehicle owners targeted in the investigations.'' http://articles.latimes.com/2003/sep/03/autos/hy-wheels3

I believe if you have a California DL's and a SD plate vehicle and are stopped by CHP, you'll be cited. Know that's true in Colorado. In Court, you can explain why the discrepancy.

If you're an RVer and can prove you move around, I don't see a problem. A home, alone, doesn't demonstrate residency or domicile.

If you have a home in California, though, and a job, it's not going to look good. If a CA resident has a fraudulent set up, a Montana LLC won't protect them if the DMV or Department of Revenue goes after them. I'm not a lawyer but the way I read it.

sancho - 4-16-2015 at 04:19 PM

Yes in Ca., if you're driving a vehicle with out of state plates,
and it is registered to you, and you have
a Ca. DL you can be sited. It
is my understanding people
who get SD plates also get SD DL's. The Montana reg motorhomes in Ca. are registered in Montana to the paper
corps, there is no DIRECT connection with the Ca. owner, except
in the attorneys files. I can't remember what Montana city this
attorney is located.
The Ca. DMV has no way to connect the Ca. motorhome owner
with the vehicle. Thus the Ca. owner can drive the MH in Ca.
with no fear of a citation, because on paper it is not registered/
owned by him. This has been in practice for decades

woody with a view - 4-16-2015 at 04:24 PM

which is BS! earn all the money you can and pay your F-ing taxes.

beckitos - 4-16-2015 at 07:09 PM

Makes you wonder how many on the beach reside in Deadwood.

sancho - 4-16-2015 at 07:27 PM

There was another tax loophole dodge involving boats, large
$$$ kind, purchased by Ca. residents, taken possession of
at the Coronado Isles, out of Ca., taken to the Coral Marina,
just no. of Ensenada,
where one had to keep it for 90 days, then brought back into
Ca., avioding most/ all of Ca. fees, that I heard was ended a
few yrs back


mtgoat666 - 4-17-2015 at 06:59 AM

People that live in California but claim out of state residency are stealing from honest law abiding Californians. They enjoy being Californians without paying their share of taxes. Tax cheats are stealing from you and me!

mtgoat666 - 4-17-2015 at 07:04 AM

What happened to the other thread about this?
I think it got hidden! Hhhmmmmmmm......

4x4abc - 4-17-2015 at 07:33 AM

Quote: Originally posted by mtgoat666  
People that live in California but claim out of state residency are stealing from honest law abiding Californians. They enjoy being Californians without paying their share of taxes. Tax cheats are stealing from you and me!



so, if a corporation finds a creative, legal way to save a few billion in taxes by headquartering on some paradise island, it's OK
but when a fellow citizen finds a creative, legal way to save a few bucks, you say he is stealing from you.
You are only saying you are not as smart and creative. Remember Darwin?

The government might be slow, but not as stupid as many think (hey, it's a living organism) - and most creative, legal ways to save are eliminated over time. Of course not for the corporations. Ever wonder how we (yes, we - all of us) make this possible?

Alan - 4-17-2015 at 07:55 AM

Quote:
Quote: Originally posted by woody with a view  
which is BS! earn all the money you can and pay your F-ing taxes.
I tried to for several years because I do feel a responsibility to my home state. I keep a vehicle in BCS that will likely never return to the US but I tried to work with California's requirements. I dutifully maintained a California insurance policy and every year I had to go to the DMV and wait in line a minimum of 2 hours even with an appointment to try to pay my registration with proof of insurance and a smog inspection exemption because the vehicle was kept out of state. Every year they would tell me that Mexico was not an exempt area so every year I had to show them the Vehicle Code reference that stated that only the Tijuana, Tecate and Ensenada areas were not exempt but all areas qualified. Finally on the third year of doing this the DMV clerk told me "I don't care what the Vehicle Code says, I'm not giving you an exemption!" Thoroughly disgusted I walked out of there and called South Dakota DMV. My call was answered by a very lovely lady who asked how she could assist me. I explained that I lived in California but I had a car in La Paz that I wanted to register in South Dakota. She said "No problem, I'll be happy to assist you". She asked me the year, make and model and then told me it would be $70 to register it (less than 1/3 of what CA charged, just send the money and the title and an address of where I wanted to plates sent. In less than a week and a half I received my new title and my plates along with $11.47 in cash because she misquoted my fees. Every year since they send me a notice of my registration fee which I promptly pay and receive my stickers.

South Dakota is well aware that they have more vehicles registered out of state than for in-state residents but they are happy to accept money for cars that will never cause wear and tear on their highways. California on the other hand takes such a myopic view and refuses any attempt to work with people even if it in their best interest to do so. Instead they expect me to drive 2,000 miles every two years just to get a smog inspection (4 times my current annual mileage). California has over-taxed and over-regulated themselves to the point they are forcing money out of the state and then wonder why their unemployment rate is one of the highest in the nation.

[Edited on 4-17-2015 by Alan]

chuckie - 4-17-2015 at 08:13 AM

The temptation increases all the time , given the price of new vehicles and the rising sales taxes....A new pickup will cost around 35,000 bucks more or less and and tacking on 15% (In Kansas) sales tax makes the 3% rate in SD very attractive...BUT it has to be only a matter of time until the axe falls.....The screams of the folks who saved all that money will be heard all the way to Mulege....

rts551 - 4-17-2015 at 08:40 AM

What happened to Udo's post? Looks like the moderator took it just like the Customs guy took his sentri card.

bajaguy - 4-17-2015 at 08:50 AM

Quote: Originally posted by rts551  
What happened to Udo's post? Looks like the moderator took it just like the Customs guy took his sentri card.





The SENTRI card is issued TO an individual, but the if you look at the fine print the SENTRI card belongs to CBP, not to the individual

Whale-ista - 4-17-2015 at 01:16 PM

Quote: Originally posted by rts551  
What happened to Udo's post? Looks like the moderator took it just like the Customs guy took his sentri card.


I also noticed it has been removed- perhaps Udo took it down...? Happy to see he's feeling better, sorry he has to deal with SENTRI headaches.

As for this discussion: I started this thread as an FYI, to avoid hijacking other discussions that mentioned similar issues (residency, car registration etc.).

If people are using SD plates and/or have encountered problems with vehicles, SENTRI, residency etc., I can understand why they would want to avoid posting details. No telling who monitors social media sites.

(E.g.- A friend in San Diego just had expensive items stolen from her home that's being remodeled. She has been posting updates on Facebook. She realizes now she made it easy for thieves to target her location...)

wessongroup - 4-17-2015 at 01:48 PM

Quote: Originally posted by bajaguy  
Quote: Originally posted by rts551  
What happened to Udo's post? Looks like the moderator took it just like the Customs guy took his sentri card.



The SENTRI card is issued TO an individual, but the if you look at the fine print the SENTRI card belongs to CBP, not to the individual


Same with Drivers license ... They are "privileges" granted to the individual by the State .. and can be taken away by same, if they are found through investigation, being misused ... it is the Law

Alan - 4-17-2015 at 04:37 PM

Whale-ista, I'm sorry for all of the different directions your post has taken but to try to answer your question. All of the CHP officers I have worked with through the fire service over the years have said they are always on the look out for those that try to register in other states to avoid CA laws. Someone previously stated that you have 10 days to register your car in the state which is what I had heard too.

Ideally those cars you see NOB are just up for doctor's appointments and the like. Our LEO's are surprisingly observant. They DO get to know the vehicles that frequent their patrol areas. If they get stopped shortly after crossing the border they would likely receive a fix-it ticket that gives them a specified time to get the vehicle registered in the state. If the officer has watched them drive around for a couple of weeks they are likely to ticket them with a fine.

prt328 - 4-17-2015 at 05:27 PM

I am 100% on board with Alan's post. I too have tried to support the home state but it is impossible. There are rules and exemptions available but absolutely none of the clerks understand them. I too register in South Dakota now. I do not own a home in California but do take my SD car with me when I head NOB in the summer months. I have another car in California, which I keep at in storage lot there, and it has insurance and California plates. I tow it behind my California-plated RV that I paid sales tax on when I bought it. I would almost welcome being cited by LE for driving a SD plated car when I'm visiting my kids. I'm retired, have the time, and would love to tell my story to the judge.

A few years back I bought a boat IN Cabo that had expired CA tags. I went to BOE before DMV requesting a tax waiver (like the Ensenada Yacht Club) and it took me over an hour to teach BOE their own tax code. DMV would not have issued me the title or the tags until I showed them I paid the sales tax on it - or had the waiver. The boat never left Cabo but was registered and retitled in CA.

Keep in mind a few years back Gov. Arnie bought a plane and set it up in an Oregon corporation to avoid sales tax....

Cisco - 4-17-2015 at 05:30 PM

So sad.

We humans, with our greed.

We make laws and then hire gun toting enforcers to make money for us.

From the Feds to the local jurisdictions; CBP to the neighborhood watch with a CCW, or not.

With a badge or some sort of power over us. The intimidation of a uniform, a gun and the fact that they didn't get laid this morning makes for some interesting and sometimes deadly hook-ups.

All for the money.

All for the power and control.

Cisco - 4-17-2015 at 05:40 PM

Quote: Originally posted by prt328  
I am 100% on board with Alan's post. I too have tried to support the home state but it is impossible. There are rules and exemptions available but absolutely none of the clerks understand them. I too register in South Dakota now. I do not own a home in California but do take my SD car with me when I head NOB in the summer months. I have another car in California, which I keep at in storage lot there, and it has insurance and California plates. I tow it behind my California-plated RV that I paid sales tax on when I bought it. I would almost welcome being cited by LE for driving a SD plated car when I'm visiting my kids. I'm retired, have the time, and would love to tell my story to the judge.

A few years back I bought a boat IN Cabo that had expired CA tags. I went to BOE before DMV requesting a tax waiver (like the Ensenada Yacht Club) and it took me over an hour to teach BOE their own tax code. DMV would not have issued me the title or the tags until I showed them I paid the sales tax on it - or had the waiver. The boat never left Cabo but was registered and retitled in CA.

Keep in mind a few years back Gov. Arnie bought a plane and set it up in an Oregon corporation to avoid sales tax....


Heard some pretty sick stories about "Arnold" and his time in office from one of his bodyguards (ARNIE needs a bodyguard, na-na-nana-na. Bet he even had stunt doubles for his movies).

At any rate, if you are out at Lower Otay see the guy that runs the bait and tackle shop. He's a hoot and was one of the bodyguards for that POS.

Whale-ista - 4-17-2015 at 06:46 PM

Cisco- thanks for the tip. Yes, there are some stories to be told about the Governator. Yes, he had his own protective unit.

I got to see them up close and personal many times- including one night at the Capitol Athletic Club- in my swimming suit.

(It was late, I was on my way out of the ladies locker room, to workout in the pool. The Guvernator and his entourage were in the hallway, on their way back to his waiting SUV convoy, parked out front, after his workout...)

I served in the legislature for 6 years when Schwarzenegger was Governor. Let's just say- I have plenty of stories of my own from those days...

honda tom - 4-17-2015 at 07:08 PM

Anyone remember secretary of state John Kerry parking his yacht in the neighboring state to save a cool half a million (and then 70k a year). Rich liberals scamming the system and not paying their fair share.:o

Alan - 4-17-2015 at 07:53 PM

Quote: Originally posted by Whale-ista  
Cisco- thanks for the tip. Yes, there are some stories to be told about the Governator. Yes, he had his own protective unit.

I got to see them up close and personal many times- including one night at the Capitol Athletic Club- in my swimming suit.

(It was late, I was on my way out of the ladies locker room, to workout in the pool. The Guvernator and his entourage were in the hallway, on their way back to his waiting SUV convoy, parked out front, after his workout...)

I served in the legislature for 6 years when Schwarzenegger was Governor. Let's just say- I have plenty of stories of my own from those days...

an ex-legislator who is a Baja aficionado? My overall opinion of politicians just went up 20 pts

sancho - 4-17-2015 at 07:58 PM

Speaking of deleting a post, one can delete his own post
but don't the other posts in that thread remain? Example being an OP
could delete his header/beginning of a thread but don't
the replys stay? Don't you have the deletion option
just for what you yourself posts?