BajaNomad

South Dakota plates

timnavion - 5-12-2010 at 09:22 AM

Read in the gringo gazette that our vehicles that are registered out of state (I live in Ca.) after this year you need to have residency of the state your car is registered,any truth to that and the vehicles we have registered are they "grandfathered" in? Maybe we need to form an LLC or Corporation there for all the Nomads.

DENNIS - 5-12-2010 at 10:01 AM

Welcome to BajaNomad, Timnavion. I haven't heard anything although I figuered it was just a matter of time before Arnold stuck his incompetent, muscle bound nose into this. I have one vehicle registered in SD so I'll be watching.

BigWooo - 5-12-2010 at 10:28 AM

I did some research in this area. Talked to the CHP and they said that if you have a CA drivers license you must have CA plates. It's been law for quite some time. Nothing new.

They said if you have a second home in another state, and a vehicle registered in that state, if you get pulled over for some reason and they check, you may be able to reason your way out of a ticket depending on the officer. The law says however, that if you have a CA drivers license you must have CA plates.

[Edited on 5-12-2010 by BigWooo]

estebanis - 5-12-2010 at 10:40 AM

Time to get a License in S.D.! I'll go with you if you have a good Pheasant Hunting Connection! :bounce:

timnavion - 5-12-2010 at 11:00 AM

Actually the vehicles are in mexico with South Dakota plates and registered thru feb. 2011,I live in Ca., and the GG said to renew registration next year,in SD,because of some new law with homeland security,you need to show proof of residency of the state which you are registering the vehicle.

MitchMan - 5-12-2010 at 11:08 AM

I am not sure I understand what is being said here. I live in CA and I just bought a 98 Toyota Tacoma in Washington state and got a 3 day permit from WA to drive it to my Calif residence, which I did. The truck is in my driveway right now. I am going to register it in SD by mail. The truck will not be registered by the state of Calif. I will be taking the truck to Baja within the next 30 days and leaving the truck in Baja for at least the next 8 years.

Currently, Calif law states that if you are a Calif resident with a Calif drivers license, then you are not allowed at all to drive ON ANY CALIFORNIA STREET OR HIGHWAY a vehicle that you own that is registered in another state, period. However, you are allowed to get a one day permit from Calif DMV to drive said vehicle on Calif streets so long as you are driving the vehicle out of the state for that permitted day.

The existing law already prevents my driving an owned non-Calif registered vehicle on Calif streets. But, I don't see how anything could change from the status quo.

As far as I can surmise, it doesn't matter what Arnold or the state of Calif does that will have any affect one way or another on my ability to register the truck in South Dakota and then maintain the vehicle outside of Calif.

I guess that I am assuming that it is not technically illegal in Calif to own and possess a vehicle (that you have registered in another state other than Calif) on your own private property (e.g., my driveway in or in my garage, i.e. not parked on a public Calif street my case) or to own and possess such non-Calif registered vehicle outside of Calif (e.g. in Baja).

Or, are you guys talking about the possibility that Mexico, in the near future, may require that your US registered vehicles must be registered by the same US state as your USA state drivers license?

I am confused.

[Edited on 5-12-2010 by MitchMan]

MitchMan - 5-12-2010 at 11:18 AM

Timnavion,
are you specifically saying that South Dakota is going to require that in order to renew the SD registration next year, you will have to show residency in SD? I just talked to Clay County about my registering my truck with their state disclosing that I am a Calif resident and they said nothing about this. They just told me what to send them by mail and asserted to me that my Calif residency status is not a factor for the registration process in my circumstances.

DENNIS - 5-12-2010 at 11:20 AM

Quote:
Originally posted by timnavion
,because of some new law with homeland security,you need to show proof of residency of the state which you are registering the vehicle.


This won't get you a DL, but it will give you residency in SD for 99 bucks a year:

http://www.americas-mailbox.com/

[Edited on 5-12-2010 by DENNIS]

MitchMan - 5-12-2010 at 11:33 AM

Dennis, very cool.

maspacifico - 5-12-2010 at 11:52 AM

Americas Mailbox is the way to go if the stuff hits the fan down here and we all need South Dakota drivers licenses, but you don't need it to register a vehicle. I think we only need to look at the source to see where this worry and confusion is coming from. That's right....The Gazoot! They never seem to worry about confirming any information they put in. The article I read was put into their heads by the same guy that advertises SD registration services with them.

DENNIS - 5-12-2010 at 12:22 PM

Quote:
Originally posted by maspacifico
Americas Mailbox is the way to go if the stuff hits the fan down here and we all need South Dakota drivers licenses, but you don't need it to register a vehicle. I think we only need to look at the source to see where this worry and confusion is coming from. That's right....The Gazoot! They never seem to worry about confirming any information they put in. The article I read was put into their heads by the same guy that advertises SD registration services with them.



Yeah....I think you're right. Rumors can build up around here worse than they ever did in the Army.

So...somebody in the mix has an agenda in causing panic over the issue? Why am I not surprised.

The problem for me, if it actually ever becomes one, is that I have a financed car with Ca. plates along with an SD plated truck, and I have a Ca. DL. If I were to go up there and get an SD license, I'd have to give up the Ca. DL.

Oh well....I'm not going to worry about anything that hasen't yet happened.

maspacifico - 5-12-2010 at 12:56 PM

I think if the only thing homeland security would interested in would be the drivers license. That is a legal form of ID and I can see where you would have to be there to get it. Mexico, as a country, only cares about whether the vehicle is registered legally. It is legal to have cars registered in different states...it is illegal to have two drivers licenses. Now we have to convince the local cops!

bajaguy - 5-12-2010 at 01:01 PM

Hmmmmmm, if you obtained a SD drivers license and changed residency to SD, you wouldn't have to pay California income tax. :lol:

Bob and Susan - 5-12-2010 at 04:17 PM

mitchman

can you reference this...

"Currently, Calif law states that if you are a Calif resident with a Calif drivers license, then you are not allowed at all to drive ON ANY CALIFORNIA STREET OR HIGHWAY a vehicle that you own that is registered in another state, period."

i can't find a reference for this statement in the CA DMV rules

That's the Ticket

Bajahowodd - 5-12-2010 at 04:25 PM

Quote:
Originally posted by bajaguy
Hmmmmmm, if you obtained a SD drivers license and changed residency to SD, you wouldn't have to pay California income tax. :lol:


Not really hard to do, and save a bundle.

Riom - 5-12-2010 at 06:15 PM

Quote:
Originally posted by Bob and Susan
can you reference this...

"Currently, Calif law states that if you are a Calif resident with a Calif drivers license, then you are not allowed at all to drive ON ANY CALIFORNIA STREET OR HIGHWAY a vehicle that you own that is registered in another state, period."


This is probably one of the sources for it:
http://www.redding.com/news/2010/jan/30/cop-talk-if-you-live...

This article says you can register your car in more than one state, with two sets of plates, and use both or either. I've never heard this mentioned anywhere else before. It would be very useful to be able to import a car into Mexico, but retain the US registration (SD) for use when driving in the US...

Rob

[Edited on 2010-5-13 by Riom]

DENNIS - 5-12-2010 at 06:18 PM

Quote:
Originally posted by Riom
It would be very useful to be able to import a car into Mexico, but retain the US registration (SD) for use when driving in the US...

Rob


Cross border merchants do it. I've seen countless vans and pick-ups with Baja and Ca plates.

Bob and Susan - 5-13-2010 at 06:15 AM

you can have both usa plates and baja plates
but i cant find a reference to dual state plates
USA doesnt recognize the baja plate if you have a CALIFORNIA plate

i always had to surrender the other USA state plates when registering a car in california

california veh code 516 does say if you have a california drivers license that proves residence but there are other qualifiers

might mean a trip to court later...
it also says you need to be in the state 6 month or more

i know by showing a mexican drivers license at the jury courthouse makes you "poison"
they never want you to serve...to risky for the verdict

now...the statemen made that:
"Currently, Calif law states that if you are a Calif resident with a Calif drivers license, then you are not allowed at all to drive ON ANY CALIFORNIA STREET OR HIGHWAY a vehicle that you own that is registered in another state, period"
THIS STATEMENT IS NOT TRUE

bajajudy - 5-13-2010 at 06:52 AM

You cannot register a vehicle in south dakota without a south dakota address. A friend sent in all her information and it was sent back to her because she did not have an south dakota address.
I dont know about the grandfathering but I hope someone will tell us.

DENNIS - 5-13-2010 at 06:54 AM

Quote:
Originally posted by Bob and Susan
i always had to surrender the other USA state plates when registering a car in california



Each state has it's own regs, I guess. SD doesn't require you to trade plates, only pink slips.

DENNIS - 5-13-2010 at 06:56 AM

Quote:
Originally posted by bajajudy
You cannot register a vehicle in south dakota without a south dakota address. A friend sent in all her information and it was sent back to her because she did not have an south dakota address.
I dont know about the grandfathering but I hope someone will tell us.


This may be a county to county difference, Judy. I registered my truck in Clay County and didn't need an SD address.

bajalou - 5-13-2010 at 07:55 AM

Quote:
Originally posted by bajajudy
You cannot register a vehicle in south dakota without a south dakota address. A friend sent in all her information and it was sent back to her because she did not have an south dakota address.
I dont know about the grandfathering but I hope someone will tell us.


This is not true. I currently have 3 vehicles registered in SD and have never been there and have no address there. I use a Calif PMB address.

No all SD counties provide this service. The owners of mail service in SD will tell you that you have to have the SD address, but this is not correct. Call the county treasurer of Clay County and see what they have to say. The county issues the registration and the state Dept. of Vehicles in Piere ? follows up with the title.

durrelllrobert - 5-13-2010 at 08:03 AM

Quote:
Originally posted by BigWooo
I did some research in this area. Talked to the CHP and they said that if you have a CA drivers license you must have CA plates. It's been law for quite some time. Nothing new.

[Edited on 5-12-2010 by BigWooo]

So...if I rent a car in Arizona using my CA drivers license and drive it into CA I am breaking the law:?::?::?:

MitchMan - 5-13-2010 at 09:12 AM

Renting an out of state registered vehicle and owning one are two very, very different legal positions.

bajalou is correct.

Some good info here:

Pompano - 5-13-2010 at 09:39 AM

http://www.americas-mailbox.com/

Seems to cover all the bases...or does it?

oladulce - 5-13-2010 at 10:11 AM

Our US domicile address is in Sioux Falls, (Minnehaha county) SD. I started working on transferring CA to SD registrations shortly before we moved to Mexico so we'd have all the plates and tags while we still received mail in CA. I had to establish our South Dakota address before registering the vehicles at the Sioux Falls DMV because they require a SD address at that DMV.

The Sioux Falls DMV also requires a visit in person when you're changing regs from another state- no mail-in, or phone consults to help you figure out the correct total. But, those are the rules for your first time only. From now on, all the yearly regs I can do online or phone in the payment with a credit card.

I chose Sioux Falls for our new address because I liked the services provided by
Your Best Address. We transferred everything to South Dakota- driver's licenses, identities, financial, etc when we moved to BCS and I felt most comfortable with the personal service at YBA since our "identities" would be passing thru their hands.

The Sioux Falls DMV's in-person rule is easy to work around by completing a Power of Attorney form and having Larry at YBA go to the DMV for you. But, the DMV's POA form still has to be notarized (notary public type) and you have to send your "agent" a money order. Both would be a pain if you're already living in Mex and don't live near the border. Sounds like other counties are more flexible if you're only doing car regs.

I'm having a deja vu- sorry if I've posted this info before. I feel like I'm repeating myself myself...

MitchMan - 5-13-2010 at 10:25 AM

Bob and Susan,
At the below website, in pertinent part … “Any vehicle owned by a California resident must be registered within 20 days of entry into California unless a special permit was obtained.”

http://www.dmv.ca.gov/pubs/brochures/howto/htvr9.htm

2010 California VC Section 4000, as amended, in pertinent part:

Registration Required
4000. (1) No person shall drive, move, or leave standing upon a highway, or in an offstreet public parking facility, any motor vehicle, …, unless it is registered and the appropriate fees have been paid under this code …

I don’t have time to do a complete citation to further cite the corresponding parts of the code that reflect specifically the persons included in the above cited “person” in subsection (1) above as including Calif residents that have current valid Calif drivers license. Suffice it to say that, as with most law, the basic construction is to broadly include all persons in the basic part of a statute, and then through further subsections further define all the “persons” that are included in the broad intial term. For example, Federal tax law starts out with defining taxable income as “ income derived from all sources” and then tediously goes on to define specifically all the many types of taxable income and only sparsely mentions (by exception) types that are excluded from taxation.

For what it is worth, I have corroborated the application of the Registration requirement by calling the Orange County and Los Angeles CHP and several persons in authority at each office unequivocally stated the registration requirement absolutely consistant with my statement.

MitchMan - 5-13-2010 at 10:33 AM

In my experience with state and federal tax law, there is the codified statute and then there is "administrative" law. Administrative law is what is actually enforced and applied which is sometimes in sharp contrast even other times in contradiction to the exact letter of the codified statute. I found this to be particularly true with the smaller states.

The fact that some people are experiencing different treatment by different motor vehicle offices within South Dakota is not suprising to me in view of my above mentioned statement. I look at it as sort of a "Mexicanized" approach to US state law and practices. Yes, it's arbitrary, and yes it happens, even in the USA.

[Edited on 5-13-2010 by MitchMan]

rob - 5-13-2010 at 10:56 AM

We often go up to California with our WA-plated diesel. I have a California drivers license, and on the sole occasion I was asked to produce it (got a little lax in my signalling habits - lived too long in BCS), I hauled out my trusty La Paz DL - worth its weight in gold, and takes 20 mins - you can skip the test if you are VERY nice.

MitchMan - 5-13-2010 at 12:35 PM

That does it, I am getting a Mexican drivers license. Thanks for that input, Rob. Where in La Paz do you go to get the license? Do you use a Mexican residential address on the Mx License or a USA address? Didn't the officer ask you for proof of insurance coverage for driving on California streets?

[Edited on 5-13-2010 by MitchMan]

DENNIS - 5-13-2010 at 01:13 PM

Quote:
Originally posted by MitchMan
That does it, I am getting a Mexican drivers license.


It's only good for a Mexican plated vehicle.
A buddy was driving a Ca. plated car in Ca. and was pulled over by CHP. He handed the cop a Mexican drivers license and the cop threw it on the ground. That's a helluva way to begin curbside negotiations.

Bajahowodd - 5-13-2010 at 02:15 PM

Quote:
Originally posted by DENNIS
Quote:
Originally posted by MitchMan
That does it, I am getting a Mexican drivers license.


It's only good for a Mexican plated vehicle.
A buddy was driving a Ca. plated car in Ca. and was pulled over by CHP. He handed the cop a Mexican drivers license and the cop threw it on the ground. That's a helluva way to begin curbside negotiations.


You sure that cop didn't just make an executive decision on the spot? I've always thought that most countries have reciprocity for drivers licenses.

sanfelipebob - 5-14-2010 at 06:51 AM

Talked to Treasurer Cathy Powells office in Clay County today. Business as usual. At this time NO SD ADDRESS needed.

DENNIS - 5-14-2010 at 07:02 AM

Quote:
Originally posted by Bajahowodd

You sure that cop didn't just make an executive decision on the spot? I've always thought that most countries have reciprocity for drivers licenses.


Tell it to the judge. :lol:

bajalou - 5-14-2010 at 07:33 AM

In Mexico the rule is - Mexican plated = Mexican license, US plated = any US license. Don't see why it would be different in the US.

Alan - 5-14-2010 at 07:49 AM

Quote:
Originally posted by bajalou
In Mexico the rule is - Mexican plated = Mexican license, US plated = any US license. Don't see why it would be different in the US.
All my rentals cars have had Mx plates?

Bajajorge - 5-14-2010 at 08:15 AM

I hear you can no longer obtain SD vehicle registration by mail. You now have to go to SD to apply.

bajalou - 5-14-2010 at 12:23 PM

Quote:
Originally posted by Bajajorge
I hear you can no longer obtain SD vehicle registration by mail. You now have to go to SD to apply.


See sanfleipebob's post above.

DENNIS - 5-14-2010 at 12:52 PM

This was posted in the Punta Banda Newsletter yesterday:
----------

Just got our renewal from CA and they want $455 for my car. Fortunately we
registered in South Dakota last week and it was $42. All we had to do was call
Clay County, find out the amount, send in the documents and 7 days later we had
our new plates and registration -- and $3.21 in change (cash) for overpayment.

Bob and Susan - 5-14-2010 at 03:04 PM

now...the statemen made that:
"Currently, Calif law states that if you are a Calif resident with a Calif drivers license, then you are not allowed at all to drive ON ANY CALIFORNIA STREET OR HIGHWAY a vehicle that you own that is registered in another state, period"
"THIS STATEMENT IS NOT TRUE"

i may be WRONG again...damn:mad:

after looking and reading and reading

if you actually live in CA you can't drive an out of state plated car as your everyday car

you can drive an out of state plated car though
if it's in someone elses name

i do argee with mitchman
that if you are "cheating" you will be caught
and should be fined

your neighbors will turn you in eventually
there's a webpage to do just that

now if you live in mexico and
have a california drivers license
there may be an excuse in court
i'd fight it

sometimes retired people have many places to live in the USA
but we do "stupid" things

i think rule-of-thumb is mexican plate mexican license
foreign plate foreign license

rental car plates are "special"
foreigners can drive them here no problems

if you are a resident in baja you should get a mexican license
they cost about $30 for 5 years and no test:o

as for dennis's statement that "the cop threw it down" is "hearsay"
it probably is just a story:no:
i could say my buddy hit the lottery...
i left out it was for $10 BUCKS:P

DENNIS - 5-14-2010 at 03:17 PM

Quote:
Originally posted by Bob and Susan
as for dennis's statement that "the cop threw it down" is "hearsay"
it probably is just a story:no:


Well, I guess you would have to know the guy to believe it wasn't just a story. He isn't a story teller.

Also, it was a long time ago.

Riom - 5-14-2010 at 04:44 PM

Quote:
Originally posted by Bob and Susan
if you are a resident in baja you should get a mexican license
they cost about $30 for 5 years and no test:o


In Baja California (Norte) it's not quite that simple, nearer to $50 and there is a written test (only in Spanish) and even a token road test. Having said that, it only took me 24 hours to get one:
http://www.sanfelipelife.com/post/How-to-get-a-Baja-Californ...

Rob

DENNIS - 5-14-2010 at 05:16 PM

Quote:
Originally posted by Riom

In Baja California (Norte) it's not quite that simple, nearer to $50 and there is a written test (only in Spanish) and even a token road test. Having said that, it only took me 24 hours to get one:
Rob


I never wanted one, but a lot of friends did...and do. I heard from some of those folks that they also had to get a blood test to establish type. I always figured it was just some more nonsense to make a peso.
This was in Ensenada. Anybody else come across this?

Riom - 5-14-2010 at 06:36 PM

Quote:
Originally posted by DENNIS
I heard from some of those folks that they also had to get a blood test to establish type. I always figured it was just some more nonsense to make a peso.
This was in Ensenada. Anybody else come across this?


In San Felipe they do ask your blood type (during the Red Cross medical), but if you don't know it, they will just leave it blank (it shows "not specified" on the licence).

It's really just for your own good after an accident, not an enforced requirement here, but other towns are probably different.

Like the "next of kin" on the back of the licence, it does have a purpose and makes sense. (I really should find out what my bood group is).

Rob

Bob and Susan - 5-14-2010 at 06:44 PM

350 pesos here

slimshady - 5-14-2010 at 09:46 PM

Perhaps I can some it this way. You do what you want and register wherever you see fit. Its possible to own or rent in another state or at least say you do. No one is going to check and it is complety possible to maintain separate homes with separate vehicles. The police are not going to send investigators to SD to see if you really reside there.

Bob and Susan - 5-15-2010 at 05:21 AM

"The police are not going to send investigators to SD to see if you really reside there. "

depends on what you do... :saint::saint:

haven't you ever had the internet police visit:lol:

bajajudy - 5-15-2010 at 06:35 AM

Quote:
Originally posted by DENNIS
Quote:
Originally posted by bajajudy
You cannot register a vehicle in south dakota without a south dakota address. A friend sent in all her information and it was sent back to her because she did not have an south dakota address.
I dont know about the grandfathering but I hope someone will tell us.


This may be a county to county difference, Judy. I registered my truck in Clay County and didn't need an SD address.


I dont have a SD address either. The law changed this year. Our registration does not come up until Nov which is why I was wondering about the grandfathering. Our registration is Clay County, too.