California Title & Registration Guide

Trailer Titling Notes

¹ A title is not automatically issued to permanent trailers (PTI) unless there is a lienholder/legal owner (LO). When there is no LO, the registered owner must request issuance of a paper title by submitting a Permanent Trailer Identification Certification (Reg 4017) with the title fee.

² Manufactured homes are exempt from DMV titling if placed on a permanent foundation. They are titled through the Department of Housing and Community Development (HCD).

Application for Title

Application for Title or Registration (Reg 343) may be submitted to any DMV Office. California licensed franchise dealers must submit an Application for Registration of New Vehicle (Reg 397 or 397A) for all new vehicles sold. California titles may be transferred online.

Allow up to 60 days for processing, depending upon application type. Rush Title Processing applications and fees must be mailed to: DMV, Rush Title Processing – MS D825, 2415 1st Avenue, Sacramento, CA 95818. Title status may be checked online if application was made through Virtual Office.

Electronic Signatures

Most DMV forms may be submitted with an electronic signature with the following exceptions: any original printed form that releases or transfers interest in a vehicle/vessel, original titling documents submitted to finalize transactions, electronic forms with odometer disclosure statements (must have digital signatures per federal regulations), and forms that require notarization (notary's signature must be a digitized version of their genuine signature).

Forms authorized to be reproduced electronically may be signed electronically or digitally in the buyer's and seller's sections, but the power of attorney section must be digitally signed. The Reg 135, Reg 492, Reg 262, Reg 397A, Reg 397, Reg 51, Reg 398, and Reg 396 may be submitted electronically using a digital signature. All forms with digital signatures must also be submitted through a First Line Service Provider participating in the Digital Signature Acceptance Program.

Insufficient Evidence of Ownership

When supporting evidence of ownership is not available for a vehicle with a value of $5,000 or more ($2,000 or more for vessels) and a release from the legal owner cannot be obtained, a Motor Vehicle Ownership Surety Bond (Reg 5057) or an Undocumented Vessel Surety Bond (Reg 5058) must be submitted. Bond must be obtained for the fair market value of the vehicle/vessel.

If the value of the vehicle is less than $5,000 (less than $2,000 for vessels), any documentation establishing ownership, a Reg 256, and all fees and taxes are required. Bond may be returned if the vehicle/vessel has ceased to be registered in California for at least three years or the currently valid certificate of ownership is surrendered.

If a new resident is unable to show proof of ownership of a vehicle, a non-transferable registration may be issued. See Registration Only in the Registration section.

Manufactured Homes

The legal owner of a manufactured home must submit an application for registration within 20 days of acquiring a security interest. A Statement to Encumber (HCD 484.7) is used to record a lien; a Statement of Lien (HCD RT 480.7) is used to add a Junior Lienholder; a Report of Additional Description or Additional Junior Lienholder (HCD RT 490.8) is used to add a third Junior Lienholder. There is a Lien Registration Service Fee of $25.00 to add, delete, or change a lienholder.

Lien Sale

A person lawfully in the business of providing repairs, towing, and/or storage of vehicles and legally entitled to compensation not received has a lien against the vehicle/vessel. The lien may be satisfied through the lien sale process, unless opposed.

The maximum number of days for a storage lien on a vehicle placed in storage by law enforcement is 60 days. Storage lien may be extended for a period not to exceed 120 days if an application for lien sale is submitted within 15 days from the date the lien arises for vehicles valued at $4,000 or less or within 30 days for vehicles valued over $4,000 or stored at a self-storage facility.

For vehicles valued at $4,000 or less, the lienholder must submit a Registration Information Request for Lien Sale (INF 1126) with appropriate fees within 15 days. For vehicles valued over $4,000, an Application for Lien Sale Authorization and Lienholder's Certification (Reg 656) must be submitted with a $5.00 filing fee within 30 days.

Joint Ownership

If names are joined by "and" (represented by a slash "/") or if owners names are followed by "JTRS", both signatures required for transfer. If names are joined by "or" or "and/or", only one signature required for transfer.

Transfer Upon Death

When names are joined by "/", ownership passes to the surviving owner upon submission of an Affidavit for Transfer Without Probate (Reg 5). When names are joined by "and/or" or "or", surviving owner may transfer title, unless "Tenants in Common" or "COMPRO" follows owners' names.

Sole Ownership: Ownership may be transferred to an heir on an Affidavit for Transfer Without Probate (Reg 5) after 40 days have passed since owner's death and the value of the deceased's property does not exceed $166,250.

Requirements

• Party applying for transfer must submit the title with the lien satisfied and a Certificate of Repossession (Reg 119) completed by the repossessor
• "REPO" must be printed in lieu of the registered owner's release
• A $15.00 repossession fee and a transfer fee are due if the vehicle is registered to other than the repossessor ($10.00 for OHVs; $35.00 for manufactured homes)
• A bill of sale from the repossessor to the new owner is required for transfer
• Lessor's release is required if transferring a repossessed leased vehicle
• An original or certified copy of the conditional sales contract or security interest agreement is required if the legal owner is not shown on record

Nonresident Vehicle Repossession

When a nonresident vehicle is repossessed in California, the Reg 199 must be submitted with evidence of the lienholder's right to repossess the vehicle and fees from the date of purchase or date of first retail sale by a dealer. A lien release is not required when the lienholder is the same as the repossessor for a Georgia title submitted with a Georgia Affidavit of Repossession, a Florida title submitted with an affidavit by the lienholder stating the vehicle was repossessed, or a Texas title submitted with a Texas Repossessed Motor Vehicle Affidavit.

Application for Registration

Made to any DMV Office. A Statement of Facts (Reg 256) is required for registration of a vehicle physically located in another state. All fees required to be paid for registration must be paid within 20 days of the date the fees became due or the fees are subject to a late penalty. California dealers have 30 days from the date of sale to submit fees without penalty for used vehicles; 20 days for new vehicles. New residents must register their vehicles and manufactured homes in California within 20 days of establishing residency to avoid late penalties.

Planned Non-Operation (PNO)

If a vehicle will not be operated or parked on any California roadway during an entire registration year, a PNO must be filed before the vehicle's registration expiration date to avoid penalty. A PNO may not be filed for vessels and trailer coaches. A Planned Non-Operation Certification (Reg 102) may be submitted with a fee of $27.00. A PNO may be filed up to 90 days after registration expiration date if the vehicle was not operated; however, late penalties apply.

IRP

Department of Motor Vehicles, IRP Operations Section, PO Box 932320, Mail Station H160, Sacramento, CA 94232-3200, 916.657.7971, fax 916.657.6628, [email protected]. Motor carrier permits may be applied for online. Trailers are not registered as IRP, instead they are registered as Permanent Trailer Identification (PTI).

Automobiles, motorcycles, trailer coaches, park trailers, and commercial vehicles are subject to a VLF of 0.65% of the purchase price/market value of the vehicle upon original registration and renewal; historic vehicles and horseless carriages are subject to a VLF of $2.00 per year. VLF is in lieu of property tax. Credit is not allowed for trade-in.

Reduction of Fees / Refunds

Commercial vehicles may be registered on a partial year registration (PYR) basis for a period of one or more months. For initial PYR registration, the full-year registration fee and vehicle license fee are due plus prorated weight fees. A $27.00 PYR service fee is collected. Refund issued if fees are paid in error or vehicle is taken out of California before the beginning of the registration renewal period. An Application for Refund (ADM 399) must be submitted within three years from date of payment.

Lease Information

Leased vehicles are titled and registered the same as other vehicles with the lessor designated as LSR and the lessee as LSE. Leased vehicles must be registered in the names of both the lessor and lessee, and the address of either the lessor or the lessee. The lessor is the registered owner and must sign the application; lessee's signature is optional. The lessor must provide the lessee's name and address.

Leasing companies must register with the California Department of Tax and Fee Administration (CDTFA) for a seller's permit to pay sales and use taxes. Leased vehicles (including rental vehicles) are subject to sales/use tax based on the lease payments or rental receipts.

Sales and use tax must be paid on the purchase price or collected on rental receipts for motor vehicles made available for peer-to-peer sharing.

Financial Responsibility Laws

Evidence of insurance is required at time of registration and must be carried in the vehicle. Failure to maintain insurance will result in suspension of vehicle registration and a $14.00 reinstatement fee. If operator is eligible for a restricted license, a $250.00 Financial Responsibility (FR) Penalty Fee applies. Vehicles used in the transportation of passengers for hire, including taxicabs, minimum requirements are $30,000/$60,000/$15,000 or a cash deposit or surety bond for $75,000.

Smog / Emission Inspection

Required at time of registration/renewal and upon transfer in designated counties including Alameda, Contra Costa, Fresno, Kern, Los Angeles, Orange, Sacramento, San Bernardino, San Diego, San Francisco, San Joaquin, Santa Clara, and many others.

Exempt: Gasoline-powered vehicles 1975 and older; gasoline-powered vehicles less than eight model years old; diesel vehicles 1997 and older; diesel vehicles with a GVWR of more than 14,000 lbs.; electric vehicles/motorcycles; and hybrid and alternative fuel vehicles.

A $20.00 smog abatement fee may be paid in lieu of a smog inspection for the first eight years a vehicle is registered. There is a smog transfer fee of $8.00. New vehicles acquired from another state must be certified to meet California smog laws to be registered in California.

Enforcement

California Highway Patrol, 601 North 7th Street, Sacramento, CA 95811, 916.843.3000. Commercial Vehicle Section, PO Box 942898, Sacramento, CA 94298-0001, 916.843.3400.