SECTIONS 10851-10858 - California Statutes

REVENUE AND TAXATION CODE

SECTION 10851-10858

10851. Except as otherwise provided, the vehicle license fee is due
and payable to the department each year on or before the expiration
date assigned by the director. The fee shall be paid to the
department at the time provided in the Vehicle Code for the
registration or renewal of registration of the vehicle.
This section shall become operative on July 1, 1977, unless a
later enacted statute, which is chaptered before July 1, 1977,
deletes or extends such date.

10852. The department shall collect the license fee and shall give
to each person paying the license fee a receipt which shall
sufficiently designate and identify the vehicle upon which the fee is
paid.

10853. Whenever any vehicle is operated upon any highway of this
State without the license fee having first been paid as required by
this part, the fee is delinquent.

10854. Penalties for failure to pay license fees before delinquency
are as specified in Section 9554 of the Vehicle Code.

10854.1. If a check in payment of a fee or penalty is not paid by
the bank on which it is drawn on its first presentation, the person
tendering the check remains liable for the payment of the fee, or fee
and penalty, as if he had not tendered the check. The department in
its discretion may redeposit a check in payment of fee or fee and
penalty not more than once without assessing additional penalties.

10856. (a) Except as provided in Section 9553 of the Vehicle Code,
upon receipt of the application for renewal of registration, the
department shall collect the required fee for the current
registration year. No penalty shall be imposed if the department
receives the application prior to or on the date the vehicle is first
operated, moved, or left standing upon any highway during its
current registration year and the applicant has timely filed,
pursuant to subdivision (a) of Section 4604 of the Vehicle Code, a
certification that the vehicle will not be operated, moved, or left
standing upon any highway during the current registration year
without first making an application for registration of the vehicle,
including full payment of fees.
(b) If an application for renewal of registration is accompanied
by an application for transfer of title, that application may be made
without incurring a penalty for delinquent payment of fees not later
than 20 days after the date the vehicle is first operated, moved, or
left standing on any highway if a certification pursuant to
subdivision (a) of Section 4604 of the Vehicle Code was timely filed
with the department.
(c) Upon receipt of an application for original registration, the
department shall collect the required fee for the current
registration year. No penalty shall be imposed if the department
receives the application and fee within 20 days after the fee becomes
due.

10857. No penalty fee shall be assessed for the delinquent payment
of a vehicle license fee, when subsequent to the date on which the
fee became due, the vehicle is repossessed on behalf of any legal
owner, if the license fee is paid within 60 days of taking
possession.

10858. (a) When a transferee or purchaser of a vehicle applies for
transfer of registration, as provided in Section 5902 of the Vehicle
Code, and it is determined by the department that vehicle license fee
penalties accrued prior to the purchase of the vehicle and that the
transferee or purchaser was not cognizant of the nonpayment of the
vehicle license fee for the current or prior registration years, the
department may waive the vehicle license fee penalties upon payment
of the vehicle license fees due.
(b) Other provisions of this code notwithstanding, the Director of
Motor Vehicles may, at his discretion, investigate into the
circumstances of any application for registration to ascertain if
penalties had accrued through no fault or intent of the owner.
Provided such circumstances prevail, the director may waive any
penalties upon payment of the license fee then due.
(c) When a transferee or purchaser of a vehicle applies for
transfer of registration of a vehicle, and it is determined by the
department that license fees for the vehicle for any year are unpaid
and due, that the fees became due prior to the transfer or purchase
of the vehicle by the transferee or purchaser, and that the
transferee or purchaser was not cognizant of the fact that the fees
were unpaid and due, the department may waive the fees and any
penalty thereon when both of the following conditions exist:
(1) The license plate assigned to the vehicle displays a
validating device issued by the department, and the validating device
contains the year number of the registration year for which the
transferee or purchaser is requesting a waiver of fees and penalties.
(2) The transferee or purchaser has submitted to the department
the registration card that indicates the vehicle is registered for
the registration year indicated on the validating device displayed on
the license plate assigned to the vehicle.
(d) Upon the transfer of a vehicle for which license fees and any
penalties thereon are unpaid and due, such fees and penalties are,
notwithstanding the provisions of Article 2 (commencing with Section
10876), the personal debt of the transferor of the vehicle who did
not pay the fees and penalties when they became due or accrued. The
fees and penalties may be collected by the department in an
appropriate civil action if the department has waived the fees and
penalties pursuant to subdivision (c).