CA Registration question

[Wuiquen]

Ok guys, I figured this would be a good place to ask and hope some of you have some answers for me. So Im about to PCS to CA from DE. I will be keeping my registration and tags for DE in my car since ill be a DE resident in the military. The problem is my wife's car. The car is in both of our names but she is a CA resident, with a Valid CA DL, also in the military as Active duty. So do I need to register her car once we get to CA in CA or can I still keep DE tags and registration in that other car too?

One more questions, For those of you with out of state plates and registration, Do you guys have problem with window tinting?? I have 5% all around minus windshield. I know that CA cops are really good at picking that up and with my white car i is going to be easier..

[Sleez]

http://www.dmv.ca.gov/vr/newvehicle.htm


When fees are due

Fees must be paid within 20 days of entry or residency to avoid penalties. Any vehicle owned by a California resident must be registered within 20 days of entry into California unless a special permit was obtained. Nonresidents whose vehicles are properly registered to them in their home state or jurisdiction may operate their vehicles in California until they:

Accept gainful employment in California.
Claim a homeowner's exemption in California.
Rent or lease a residence in California.
Intend to live or be located here on a permanent basis (for example, acquire a California driver license, acquire other licenses not ordinarily extended to a nonresident, registered to vote).
Enroll in an institution of higher learning as a California resident or enroll their dependents in school (K-12).
NOTE: Nonresident military personnel stationed in California or their spouses may operate their vehicles with valid out-of-state license plates from their home state or the state where the military person was last stationed.

[Sleez]

for what it's worth;

http://forum.freeadvice.com/parking-...449086-p2.html


Originally Posted by davew128
"Carl, let me ask you this question. You see a car with plates from another state (let's assume it's a tourist who drove from whatever state you want to use) where the tint is legal. Is the driver of the vehicle still required to strip the tint off his front window once he crosses into California or is this more like the front license plate law, where you can't cite someone for not having a front plate if the state the vehicle is registered in doesn't provide a front plate?

I would understand a new resident having to do so, but does it apply to a non-resident?"

Answer;
License and tint requirements do not apply to non-residents. But, if the visitor is no longer a visitor (i.e. he has taken up residence or employment) then the vehicle and the driver are subject to CA registration and licensing requirements.

- Carl



Originally Posted by Zigner
"Carl - is that by policy? CC posted the applicable section of the vehicle code and it doesn't seem to differentiate between resident and non-resident."


answer;
A STOP (detention) could be held to be valid under the assumption that two plates are required, or that the window tinting is unlawful, but the violation would not be.

Ref:
(Glick (1988) 203 Cal.App.3d 796, 801-804; but see Twilley (9th Cir. 2000) 222 F.3d 1092, 1096; White (2003) 107 Cal.App.4th 636 [violation of Veh. Code, § 5202 cannot be based on a mistake regarding license plate requirements of another state].)

- Carl

[Wuiquen]

Yeah I have read all that from the DMV website which is why im confused. I know ill be alright since Im military with a out of state DL. but idk about my wife.. but the car is mine too soo I guess i got to wait until im there.

[Sleez]

http://www.chp.ca.gov/html/militarydrivers.html

Driver's License

Military vehicle

Civilian license not required. Operator must have military driver's license in possession.

Privately-owned vehicle

California resident on active duty - must have in possession a current California driver's license.
Nonresident on active duty - must have in possession either a current, California driver's license or a valid driver's license issued by the military person's stateof residence.
Dependents - must have in possession a current driver's license issued by either California or the person's state of residence.
Minor dependents - Minors between 16 and 18 years who are California residents must have in their possession a valid California provisional license or a valid California license. Nonresident minors must have in their possession a valid license from their state of residence and a NonResident Minor's Certificate issued by the Department of Motor Vehicles.
Motorcyclists - military personnel and dependents must possess either a Class M California drivers license or a license from the state of residence. The out-of-state license must be endorsed for motorcycle operation if required by the issuing state. Drivers who want to want to obtain a California Class M license must take written and riding skills tests.
Former duty station - If you obtained a drivers license in the state of a former duty station (other than California) it must be replaced with one issued by California or your state of residence within 10 days of entering California. A written test is always required, but the Department of Motor Vehicles usually will not require a driving test.
Lost or expired drivers license

If a California resident loses his or her license while stationed in another state or country, the driver can get a replacement at any DMV office when he returns here. For a lost license, no test is necessary. For a renewal, the written test must be taken. The driving test normally is not required.

Californias Graduated Driver License

Once a teen gets a provisional license, the following conditions apply:

*For the first 6 months (or until age 18)
No passengers under 20 allowed unless a licensed driver age 25 or older is present
No driving between midnight and 5 a.m. unless licensed driver age 25 or older is present

*For the second 6 months (or until age 18)
Passengers under 20 okay without licensed driver age 25 or older being present except: No driving between midnight and 5 a.m. unless licensed driver age 25 or older is present

Exceptions

Licensee is an emancipated minor
Medical necessity
Family need
School if transportation is inadequate
Employment if transportation is inadequate
(Licensee must carry statement from appropriate doctor, parent/guardian, school official or employer)
Insurance

Every driver or motor vehicle owner in California MUST have vehicle insurance with a MINIMUM coverage of $15,000/30,000 liability and $5,000 property damage insurance or a surety bond in the same amounts.

Registration

All motorists in California must carry a registration certificate.

Out-of-State Vehicles

It is necessary to carry the registration certificate for your vehicle if your home state requires that it be carried.

Out-of-state registration is valid if the owner is a member of the US armed forces or the spouse of a member and the vehicle is currently registered in the owners state of residence or last duty station.

Out-of-state registration is NOT valid if a military member purchases a vehicle from a non-resident, unless the vehicle is immediately registered in the purchasers state of residence or California.

Non-resident military registration - Active duty members and spouses may register their vehicles in California under a special Vehicle Code provision at a reduced fee provided the member or spouse is listed as the primary owner.

Registration and Smog Laws

A car registered in another state that has no smog devices is legal to drive in California as long as it is equipped as required in the other state.

Vehicles are prohibited from emitting excessive exhaust and will be cited for air pollution, even if the car is registered in another state.

All new unregistered motor vehicles that are brought into California whose odometers read less than 7,500 miles must meet smog requirements and must be equipped with a California emission system before they can be registered.*

New Vehicles - a new vehicle that was previously registered in your state of residence or last state of active military duty does not have to be equipped with a California emission system.
Used Vehicles - Most used vehicles previously registered in another state must meet Californias emission standards before registration will be issued.
Vehicle Taxes

A sales (use) tax will be required when registering a vehicle purchased overseas with the INTENT of using it in California.

Smog Control Requirements

Selling a Vehicle - If you sell a vehicle in California, you must furnish the purchaser with certification that the vehicle meets California emission standards.

Imported vehicles from another country must meet both California Air Resources Board and federal EPA/DOT requirements before they can be registered in California.

* There may be some exceptions to the above information. For more specifics about California smog requirements, you can call the California Air Resources Board at 1-800-242-4450.

Equipment

Muffler and Exhaust

No modifications are allowed to increase or amplify the noise from your vehicle.

Vehicle must be equipped with an adequate exhaust system to prevent any unusual or excessive noise.

Tinted Windows

Only windows that can be coated with "after market" tinting are those located BEHIND the drivers seat or front seat.

Any tinting, regardless of how light, is illegal on front side windows, wind wings and windshield.

If the back window is tinted, the vehicle must be equipped with outside mirrors on the left and right.

Suspension

Raised suspension on a vehicle CANNOT exceed the legal height limitations which are based on the "gross vehicle weight rating".

Call any California Highway Patrol office for information before you change the height of your vehicle.

Parking Lights

It is unlawful at any time to drive with only parking lights on.

DUI Laws

background-color: #cccccc; color: red">It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

Implied Consent - Any person who has been granted the privilege of driving a motor vehicle in California is presumed to have given implied consent to law enforcement to conduct chemical testing of the motorists blood or breath.

0.08 DUI Law - Any person driving a vehicle under the influence of alcohol or drugs is in violation of the law, as is anyone driving with a blood alcohol reading of 0.08% or higher.

Truckers' DUI - It is illegal for a driver to operate a commercial vehicle with a blood alcohol reading of 0.04% or higher. (An operator will be put out of service for 24 hours with a reading of 0.01% or higher.)

Underage DUI

Californias Zero Tolerance law provides that a driver under 21 years of age with a blood alcohol reading of 0.01% or higher on a Preliminary Alcohol Screening (PAS) device may have his license revoked or suspended.

A driver under 21 with a blood alcohol reading of 0.05% or higher is subject to arrest and license suspension or revocation.

Open Container

It is unlawful for an owner or driver to keep an open container of alcohol in a vehicle except in the trunk or in some other area out of the immediate control of the occupants.

It is also unlawful for passengers to possess an open container of alcohol. An open container can be carried legally in a van, station wagon or hatchback if it is in the rear-most portion, out of the immediate control of passengers.

General Rules of the Road

Safety Belt Laws

All persons riding in a motor vehicle must be buckled up, even if the vehicle is registered in another state.

Safety belt laws apply to passengers riding in the back of pickup trucks or in campers with shells. These passengers must be secured in federally-approved after-market seats equipped with safety belts.

Children up to six years of age or up to 60 pounds must be secured in a federally-approved safety seat or booster seat.

Sleepy Drivers

To stay alert, pull off at the nearest highway exit or rest stop and take a break every 100 miles or every two hours.

If You Are In a Collision

Pull out of traffic lanes if there are no injuries. Show your drivers license, registration and insurance information to the other driver.

File an SR-1 collision report with the DMV within 10 days if someone was injured or the damage was over $500.

Check Ahead For Road and Weather Conditions

Road info from California telephones: 1-800-427-7623 (ROAD)

California road info from outside the state: 1-916-445-1534

On the Internet: www.dot.ca.gov
www.chp.ca.gov

CHP 919 (Rev. 10-09) OPI 013

[Sleez]

Originally Posted by Wuiquen

Yeah I have read all that from the DMV website which is why im confused. I know ill be alright since Im military with a out of state DL. but idk about my wife.. but the car is mine too soo I guess i got to wait until im there.

based on this statement; "NOTE: Nonresident military personnel stationed in California or their spouses may operate their vehicles with valid out-of-state license plates from their home state or the state where the military person was last stationed."

since you are a co-owner of the vehicle, as long as it is registered in the previously stationed state, or home state, you should be ok.

i have a friend who is a local CHP officer, i will ask him for his opinion.

[GunnyG]

Originally Posted by Wuiquen

Ok guys, I figured this would be a good place to ask and hope some of you have some answers for me. So Im about to PCS to CA from DE. I will be keeping my registration and tags for DE in my car since ill be a DE resident in the military. The problem is my wife's car. The car is in both of our names but she is a CA resident, with a Valid CA DL, also in the military as Active duty. So do I need to register her car once we get to CA in CA or can I still keep DE tags and registration in that other car too?

One more questions, For those of you with out of state plates and registration, Do you guys have problem with window tinting?? I have 5% all around minus windshield. I know that CA cops are really good at picking that up and with my white car i is going to be easier..

To answer your first question, neither of you will have to register your cars in CA. Even with her being a resident. I'm from Missouri, and had cars registered there. My wife's a CA resident and her car was registered there too. You will have to SMOG to get base stickers, though.

Secondly, all tint forward of the rear windows is illegal in CA. But, good thing...it's 10 million cars in CA. So chances are you'll go unnoticed. You will be ticketed though if stopped. It's a crap shoot on that one.

[Wuiquen]

dude thank you very much for all this info.... I should be good with both cars.. Probably not my tint but oh well.. All I care is keep my registration and tags for DE..

[Wuiquen]

Originally Posted by GunnyG

To answer your first question, neither of you will have to register your cars in CA. Even with her being a resident. I'm from Missouri, and had cars registered there. My wife's a CA resident and her car was registered there too. You will have to SMOG to get base stickers, though.

Secondly, all tint forward of the rear windows is illegal in CA. But, god thing...it's 10 million cars in CA. So chances are you'll go unnoticed. You will be ticketed though if stopped. It's a crap shoot on that one.

Alright, Thanks GunnyG. Cool that is awesome.. I should be good then.. Well AF bases do not issue sticker anymore.. but either way, my car should be good for SMOG.. And the tint oh well.. I shall wait and see what happens

[GunnyG]

Originally Posted by Wuiquen

Alright, Thanks GunnyG. Cool that is awesome.. I should be good then.. Well AF bases do not issue sticker anymore.. but either way, my car should be good for SMOG.. And the tint oh well.. I shall wait and see what happens

No problem bro! You won't have to do anything then. Not even SMOG if AF bases don't issue stickers. Navy and Marine bases still issue stickers. why? Kinda makes you a target anyway. For real the tint thing is a crap shoot. My wife's had 2 tickets for it. They used to be "fix it" tickets til this past January. Now, they're non-correctable...but not every cop knows that. What I did was take her tint off, get the tickets signed off as corrected, and put it back on. Welcome to Cali when you get here. And, thanks for your service! I just retired, 22 years, 2 months, and 7 days from the Marine Corps.

[MikeSVX]

If I were you, I would have her change here residency to DE before you PCS out. I have Nevada plates on mine. I've been living in San Diego for 2 years now. The tint on my windows is pretty dark and I have yet to be stopped. What service are you in? The Navy base here has a stupid policy. They require you to meet CA standards in order for you to get a base decal, regardless of what state it is registered in. Considering your coming from Dover, I'm guessing air force. I use to be a DE resident. When I was looking into DE's policy on military members having DE tags, I was told that DE requires you to have your car go through local (whatever state your in) testing to renew your tags. That basically means your car needs to pass CA standards to renew you DE tags. That was about 10 years ago, however, so it may be different now. Lucky for me, I was stationed in Las Vegas before CA and I changed my home of records.

I do miss the cost of DE tags though. LV doesn't have income tax, the trade off for that is that the registration is based on the value of your vehicle. My Camaro costs me over $500 a year, but my 1983 K5 Blazer is only $45.

[MikeSVX]

If I got stopped for tint, I would honestly try to fight it. They are trying to enforce vehicle standards on non-resident vehicles. Not only is window tint legal in Las Vegas, if you want a vehicle without tint, you have to either special order it, or pay someone to remove it. With temps that average in the 110s in the summer, tint is the standard. Dealers there tint the cars as soon as they come off the truck, and they don't even bother adding an extra charge for it. I am a Nevada resident with a Nevada registered car that meets all Nevada requirements. What's next, I can drive my K5 because it has a crate engine, intake and Carb that doesn't meet CA standards, even though it does in meet the standards of 49 other states? What about LT headers? They pass in NV, but not CA? If I have them on my Camaro is that illegal too? If that's the case, the only CATs that you can have are CARB certified factory ones. But my car wasn't a CA built car and it doesn't meet all CA requirements. If you look at Chevy's build site, there is a check box for CA requirements. My car didn't have that checked. So, I guess my car can't be driven here at all.

It's going to just spiral out of control if people don't start pushing back.

Sorry, end rant.

[Trevorw24]

I have tinted windows but am looking to register in CA. Does that mean I will not pass registration? I have been here for about a month. Also what about short tube headers? Thanks. Currently I have up to date NC info and all.

[Sleez]

if it's registered in CA, tint will get ticketed. you can register it, since nobody does actual "inspections" in CA that i am aware of, but it will be subject to all CA laws after that.

if it is not a 50 state legal car, it must have 7500 miles on it, and never been attempted to be registered in CA previously.

headers only a problem when you get it smogged, which you may have to do before getting it registered, if they are not 50 state CARB headers, they will fail the visual portion of the smog test. it is getting harder to find smog techs with eye problems, since the fine amounts have gone up significantly, but there are some out there.