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krafty
Super Nomad
Posts: 1052
Registered: 8-23-2010
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So this SD plate and reg. with a Cali license would not be an issue should you be stopped by police? How would you explain it and would you need to?
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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
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| Quote: | Originally posted by krafty
So this SD plate and reg. with a Cali license would not be an issue should you be stopped by police? How would you explain it and would you need to?
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Speak only in French. 
OK...jes kiddin'. There are a lot of theories used to answer your question. Some say, in California the mis-match is illegal. Others say it doesn't
matter, on and on.
What I say is there won't be a problem and the issue won't even come up if not as a detail of another problem, such as a wreck.
We've torn this question apart here in the past and not once that I can recall has anybody come forward and said they had a problem on the streets
with the police.
If your Ca. license is good, your insurance is valid and your SD tags are current, why would they want to open that can of worms. They don't even have
the resources to apprehend real criminals.
.
[Edited on 11-8-2010 by DENNIS]
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krafty
Super Nomad
Posts: 1052
Registered: 8-23-2010
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Good point, Dennis-thanks
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slimshady
Nomad
Posts: 291
Registered: 9-3-2008
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| Quote: | Originally posted by krafty
So this SD plate and reg. with a Cali license would not be an issue should you be stopped by police? How would you explain it and would you need to?
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I have CA license and a Wyoming plates. In Mexico I tell them that I have many houses and the vehicle is kept at my wyoming residence.
In the U.S. you can say the same. They will never verify or know anything unless you tell them.
Working with the DMV in Ca is just as bad as dealing with the IRS. Forever to get through and when you do they either don't have an answer or have ten
different ones.
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vacaenbaja
Senior Nomad
Posts: 640
Registered: 4-4-2006
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On a related issue How long does your car stay on the
California DMV delinquent registration before it "falls off the
database? If and when it falls off what would be the cost to register it anew? I have a car that i nver got a round to
putting on inop status. last I checked it was around $700 to bring it up todate. A lot of $ for a car that has never been on the public streets as I
have had it garaged all this time.
[Edited on 11-8-2010 by vacaenbaja]
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proneman
Junior Nomad
Posts: 39
Registered: 6-6-2007
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Vacaenbaja,
My understanding is that they just want to see a current registration......If you get the SD reg......wait a while(or not) and then go to Cal. DMV if
you want a Cal. reg.
roger
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slimshady
Nomad
Posts: 291
Registered: 9-3-2008
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| Quote: | Originally posted by vacaenbaja
On a related issue How long does your car stay on the
California DMV delinquent registration before it "falls off the
database? If and when it falls off what would be the cost to register it anew? I have a car that i nver got a round to
putting on inop status. last I checked it was around $700 to bring it up todate. A lot of $ for a car that has never been on the public streets as I
have had it garaged all this time.
[Edited on 11-8-2010 by vacaenbaja] |
I got letter several months after the reg was due with smog. The state included penalties and late fees. The form that AAA had me fill out was
compltely wrong. After I recieved the notice the DMV said I was late, so I sent the statement of facts form to the DMV address in Sacramento that
deals with registration. I sent copies of my new Regsitration and told them that my car is registered in WY and at my second residence. The rest is
none of their business.
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bajalearner
Senior Nomad
Posts: 670
Registered: 8-24-2010
Location: Tijuana
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Mood: in search of more
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| Quote: | Originally posted by proneman
Very nice doing business with Clay County.....Sending off my $37.68 and plates and new title to be sent to my Calif. address......
The young lady was very nice and helpful with my dumb questions. Yes the same person who is on Dennis's post above.....
Rogelio |
This is based on my experience...
When you have the car registered in SD and you come into contact with a cop in CA, he might ask you why your car is registered there and you have a CA
driver license. The reason he is asking is that he wants to know if you are a "citizen of CA" which means you are supposed to register your car here
and PAY FEES.
CA vehicle section 4000 is the law that a car on public roads must be registered in CA. Subsection g (4000g) says:
'(g) For purposes of this section, possession of a California driver's license by the registered owner of a vehicle shall give rise to a
rebuttable presumption that the owner is a resident of California."
So, when the cop asks you why you have a CA dl, you can say you spend most of your year in SD but are in CA a good part of the year. The cop might
follow up with questions like; Where do you work? Do you own property in CA, Who owns the the property address listed on your CA DL? Where are you
registered to vote, To what state do you pay state income taxes, Why is the address on your SD car reregistration in CA, Do you or any dependents go
to school in CA (pay resident fees or foreign fees)...
This may sound far out but it is possible, especially if it's the CHP who are mainly trained as "traffic cops" and by the way, CHP's budget is out of
the $ DMV collects so they are aware of tricks to not pay CA fees. Other police agencies may not care so much but a sharp cop might ask.
So, be aware that if it comes up, you are a resident of SD and only spend part of your time in CA or you could get a ticket for not having your car
registered in Ca which would mean a fine and penalties for back registration. And if it have been a few years, it would be big bucks. That cops
"friendly" questions may not be so friendly.
You can google CA vehicle code and look at section 4000. Registration info. And section 12505 (driver license residency requirements.)
This is not to scare anyone but be forewarned and prepared and anticipate the question and give the right answer and you will probably go on down the
road. Give the wrong answer and you could enter bureaucratic hell which is I think where many baja nomads choose not to be.
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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
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And where would we stand if the cop, knowing full well that SD offers mail-order registration, asks if we have ever been to SD; which I, for one,
never have?
Seems that, in your scenario, we are left with no exit from the situation without commiting some sort of curbside perjury.
I tend to lean towards the truthful explaination that my SD plated vehicle is garaged in Mexico throughout the year except for two days. This is true.
I don't foresee a conflict with the law if everything, DL...registration and insurance are current.
There are different approaches to solving the problem. I merely tend to favor the less complicated.
Another reason for keeping a Ca. DL is I have a newer vehicle garaged in Mexico which is plated and financed in Ca. If not for that, I'd be off on a
road trip to SD for a license in a minute.
It occured to me from the beginning of this charade that it could become regrettable. It hasn't reached that point as of yet, but knowing how
desperate Ca. is for money, I can almost see that it inevitably will be.
.
[Edited on 11-9-2010 by DENNIS]
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MsTerieus
Nomad
Posts: 462
Registered: 6-8-2010
Location: Punta Banda, Ensenada, Baja California
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Learner -- similar question to Dennis': Since all one must "establish" is that one is not a "citizen" of CA, why can't a person with a CA D.L. and
S.D. plates tell the CHP (or whomever) that one resides in Mexico, rather than in S.D.?
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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
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| Quote: | Originally posted by MsTerieus
Learner -- similar question to Dennis': Since all one must "establish" is that one is not a "citizen" of CA |
Sounds a bit "Napoleonic"....doesn't it. Guilty until proven innocent, but I guess that would be a fair question from the CHP as you hand him your Ca
DL.
Anyway, I kinda thought I had implied that with this statement:
| Quote: |
I tend to lean towards the truthful explaination that my SD plated vehicle is garaged in Mexico throughout the year except for two days. This is true.
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| Quote: | | why can't a person with a CA D.L. and S.D. plates tell the CHP (or whomever) that one resides in Mexico, rather than in S.D.?
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Sure. Why not? I have to ask though, who is the presumed offender here.........the driver or the vehicle?
I don't know.
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bajalearner
Senior Nomad
Posts: 670
Registered: 8-24-2010
Location: Tijuana
Member Is Offline
Mood: in search of more
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| Quote: | Originally posted by MsTerieus
Learner -- similar question to Dennis': Since all one must "establish" is that one is not a "citizen" of CA, why can't a person with a CA D.L. and
S.D. plates tell the CHP (or whomever) that one resides in Mexico, rather than in S.D.? |
Yes...we would hope that would end it. But what if the cop says, Do you own a house here, where do you vote, do you have other cars in CA, do you
work in CA. Or worse than that, if a judge asks those questions.
Hey, I am more anti CA fees than the average person. I am not against taking the best angle don't get me wrong. That is why I looked at this for my
own possible use. And I will say again, this is just my opinion of what I read in the veh code.
I am just looking at what might be asked.
And if my opinion is wrong...I would be happy if we can do it and save some fee dollars.
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ckiefer
Nomad
Posts: 258
Registered: 12-12-2007
Location: LaJolla
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| Quote: | Originally posted by slimshady
| Quote: | Originally posted by vacaenbaja
On a related issue How long does your car stay on the
California DMV delinquent registration before it "falls off the
database? If and when it falls off what would be the cost to register it anew? I have a car that i nver got a round to
putting on inop status. last I checked it was around $700 to bring it up todate. A lot of $ for a car that has never been on the public streets as I
have had it garaged all this time.
[Edited on 11-8-2010 by vacaenbaja] |
I got letter several months after the reg was due with smog. The state included penalties and late fees. The form that AAA had me fill out was
compltely wrong. After I recieved the notice the DMV said I was late, so I sent the statement of facts form to the DMV address in Sacramento that
deals with registration. I sent copies of my new Regsitration and told them that my car is registered in WY and at my second residence. The rest is
none of their business. |
So true....I purchased a vehicle in CA, registered and insured it, drove it directly down to Baja and left it there. Then when renewal time came
around I completed the non-op. Got stopped in Mexico.....well, now I have the vehicle registered in CA, again. BUT, I used a service in CA to do it
for me. Their charge for going to the DMV for me was only $35. They have special privileges with the DMV I suppose.
Non op just means that you will not drive, tow, store your vehicle on any public road or highway. I "might" try to tell "them" that I did file the
non-op and the DMV must have lost it? That or either learn how to speak French really quickly! I see plenty of SD plates in Baja so it must be
working for those folks!
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MitchMan
Super Nomad
Posts: 1856
Registered: 3-9-2009
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In the final analysis, if you have a current California DL with a California address on it and you are driving a SD registered vehicle that you own on
a California public street, you are in violation of California law even if you have current sufficient California insurance coverage.
It is possible, however, to get a one-day DMV permit for driving said vehicle on a California public street under the proviso that you are driving for
one day either to California private property or out of the state of California - but you must have auto ins coverage for driving on the California
public street for that one day.
My research supports my above-mentioned statements. If I am wrong, please let me know because I need to bring my truck from baja to my house in OC
California for a couple of months and I need to drive it for more than one day.
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