HomeMy WebLinkAboutMINUTES - 06071988 - IO.5 TOS ` BQARD OF SUPERVISORS I. 0. 5
FROM: INTERNAL OPERATIONS COMMITTEE �.ntr
May 23 , 1988 Costa
DATE; CN /
SUBJECT: Intensified Vehicle Registration Program
SPECIFIC REQUEST(S) OR RECOMMENDATION S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. Agree to sponsor legislation in conjunction with the
Department of Motor Vehicles and the California Highway
Patrol to make possession of a California Driver ' s License
by a person who owns a vehicle which is registered in
another State prima facie evidence that the driver is a
California resident thereby authorizing a peace officer who
has stopped the vehicle for other violations to cite the
individual for failure to register or re-register his or her
vehicle without the need for further investigation to prove
the individual is a California resident.
2 . Direct the County Administrator to ask the Department of
Motor Vehicles to instruct their staff to ask each person
applying for a California driver' s license about vehicles
the individual owns and the requirement that those vehicles
be registered in California. If it is not possible to
accomplish this administratively then support legislation to
accomplish the same goal.
3 . Direct the County Administrator to work with the California
Highway Patrol on a definition of "gainful employment" to be
placed either in administrative regulations or statute in
order to clarify that an individual is gainfully employed as
soon as he or she accepts paying employment in California.
4 . Ask the County Administrator to consider scheduling a press
conference to include the Chairman, or other Board members,
the CHP, appropriate city representatives, and the Sheriff,
to emphasize the importance of getting out-of-state vehicles
. registered in California and of enforcing the California
Vehicle Registration law on vehicles whose registration has
been allowed to expire.
5 . Remove this item as a referral to our Committee.
CONTINUED ON ATTACHMENT: —A— YES SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
/gin
SIGNATURE s : Sunne W. McPeak Tom Torlakson
ACTION OF BOARD ON June , 1988 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED 7 �9�8
Sheriff-Coroner P IL BATCHELOR, CLERK OF THE BOARD OF
Captain Tom Ross, CHP SUPERVISORS AND COUNTY ADMINISTRATOR
BY Iv(,C.w.(� ,DEPUTY
M382/7-83 —
1 r:
Page 2
BACKGROUND:
There have been several referrals to our Committee of various
aspects of the problem with enforcement of vehicle registration
laws. Our Committee met with representatives from the Highway
Patrol on May 23rd and reviewed the attached report from the
County Administrator' s Office. A great deal of work has been
done in obtaining cooperation from the Highway Patrol and the
Department of Motor Vehicles for legislation which would allow a
peace officer to cite an individual whose vehicle is registered
out-of-state if the driver has a California driver' s license. A
good deal of additional work has been completed with the police
departments in the cities. We believe that . the recommendations
we have made will go a long way toward increasing compliance with
the vehicle registration laws.
As is noted in the attached reports, the Department of Motor
Vehicles has a Foreign Vehicle Registration Unit in Sacramento
which is highly computerized and fully capable of processing as
many inquiries as can be submitted. We are encouraging
individual residents to send the DMV the license number of any
vehicles registered in California where the registration has been
expired for at least 60 days and the State and license number of
any vehicle registered in another state where the individual
believes that the owner is in fact a California resident.
Similar efforts elsewhere in California have proven to be
extremely successful.
The CHP Commander in Contra Costa County, Captain Tom Ross,
agrees with our Committee that the definition of "gainful
employment" currently in law requires some clarification and
further definition.
•6
nnI
f
OFFICE OF COUNTY ADMINISTRATOR
CONTRA COSTA COUNTY
Administration Building
Martinez, California
Supervisor Sunne McPeak
To: Supervisor Tom Torlakson Date; May 19 , 1988
INTERNAL OPERATIONS
Claude L. Van Marter ?� Enforcement of Vehicle
Assistant Administrat �.� Sub" ; Registration Laws
From: �ect
J
On April 5 , 1988 , the Board of Supervisors approved your last
report on this subject which requested that several pieces of
additional information be obtained. In response to the Board' s
Order, the following information is attached:
1. A copy of the Board' s Order of April 5 outlining the
additional information that was requested.
2. A letter dated April 18 from the Chairman to Captain Ross
with copies to the Governor, the Highway Patrol
Commissioner, and others, soliciting their support for AB
4652 and indicating additional actions the Board is
requesting of the Highway Patrol.
3 . A letter to the Chiefs of Police in the County urging them
to vigorously enforce vehicle registration laws.
4 . Responses received to the above letter from the City of
,Concord and City of Martinez indicating that they do
consider enforcement of vehicle registration laws an
important part of their job.
5. Copy of a letter dated April 18 to members of this County' s
legislative delegation urging their support for AB 4652 , or
other legislation, which would assist in intensifying the
enforcement of vehicle registration laws. No responses have
been received to this letter.
6 . A letter dated April 18 to Captain Ross raising several
questions about the CHP' s interpretation of "gainful
employment" and requesting information on whether this
language is adequately defined in the Vehicle Code.
s
1
Internal Operations
May 19, 1988
Page 2
7. A copy of the CHP' s response to the above letter citing
Vehicle Code Section 6700 and Section 516 of the California
Administrative Code defining resident and noting that there
are problems with the interpretation of gainful employment
that require legislative action. In addition, the CHP
agrees with the Board that the DMV should be required to
notify an out-of-state driver who applies for a California
driver' s license of the requirements for California
registration of their vehicles.
8. A copy of a letter dated April 22 to Captain Ross
summarizing the results of a meeting held with him on April
21, outlining areas in which the County and the CHP could
work together in a cooperative effort to intensify the
enforcement of vehicle registration laws.
9. Copy of a letter dated April 22 to the County' s lobbyist
forwarding a copy of the letter to Captain Ross and
statistics provided by Captain Ross showing the value of
an intensified vehicle registration program as it is being
carried out currently in Contra Costa County.
10. Copy of a letter dated May 4, 1988 from Captain Ross
confirming the agreements outlined in our letter of April
22 . Captain Ross also notes that he appeared before the
Police Chiefs Association on April 27 to elicit their
assistance in an aggressive vehicle registration enforcement
program and offering specialized training for their
officers.
11. Copy of a letter dated May 17 , 1988 to Captain Ross
enclosing a memo from the County' s lobbyist which outlines a
meeting he held with representatives from the CHP and DMV
and outlining proposed legislation which both the CHP and
the DMV could support. This legislation would make
possession of a California driver' s license by 'an individual
driving an out-of-state vehicle prima facie evidence that
the driver is a California resident thereby allowing the
CHP, or other police officer, to issue a citation
immediately without further investigation.
Internal Operations
May 19, 1988
Page 3
RECON14ENDATIONS:
Based on all of the above correspondence and discussions, it is
staff' s recommendation that your Committee make the following
recommendations to the Board of Supervisors:
1 . Ask the media to do a series of news stories indicating
the availability of the DMV Foreign Registration Unit
in Sacramento and the fact that individuals can send
license numbers of out-of-state vehicles or cars with
expired California registrations directly to the DMV
for investigation.
2 . Agree to sponsor legislation in conjunction with the
DMV and CHP to make possession of a California driver' s
license by a person with a vehicle which is registered
out-of-state prima facie evidence that the driver is a
California resident thereby authorizing an officer to
cite the individual for failure to register or
re-register his or her vehicle without the need for
further investigation.
CLVM:clg
��. BuAKi.; surERVISORS a •0 •. rL-tachmenL i
. INTERNAL OPERATIONS COMMITTEE CoJIGI
DATE: March 28 , 1988 COXV
SUBJECT;
Enforcement of Vehicle Registration Laws
SPECIFIC REQUESTS) OR RECOMMENDATICN(S) a BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . Authorize the Chairman to send a letter to the Area
Commander of the California Highway Patrol requesting
intensified enforcement of vehicle registration laws as they
• pertain to out-of-state vehicles. Copies of this letter
should also be sent to the Governor of California and the
Commander of the California Highway Patrol .
2 . Authorize the Chairman to send a letter to the Area
Commander of the California Highway Patrol requesting that
he advise major employers in the County that the California
Highway Patrol will be doing intensified spot checks of
out-of-state vehicles and requesting employers to remind
their employees of the requirement that out-of-state
vehicles be registered in California once the employee
"accepts gainful employment or becomes a California
resident" . Following this warning, the CHP should be
requested to undertake short-term intensive checks of
out-of-state vehicles throughout the County.
3 . Request the County Administrator to ask the California
Highway Patrol and Department of Motor Vehicles to clarify
whether and under what circumstances they interpret an
individual as being a California resident or interpret an
individual as being gainfully employed for purposes of
requiring that the individual ' s vehicle be registered in
California and report the responses to our Committee .
4 . Agree to sponsor legislation in 1989 which would do all of
the following:
o require employers to advise new employees of the need
to register their vehicles in California.
o if not already in statute, place in statute a
definition of gainful employment .
CONTINUED ON ATTACHMENT: - YES /SIGNATURE;
RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE
X_ APPROVE OTYi R
SIGNATUREfSt: Sunne W. McPeak Tom Torlakson
ACTION OF BOARD ON _ April 5, 1988 APPROVED AS REC0M.VC11DED X _ OTHER _
VOTE OF SUPERV I SOFA'S
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS {ABSENT _ I ) AND CORRCC:T COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT; ABSTAIN: _ OF SUFERVISCRS ON THE DATE SHOWN.
County Administrator
cc: Captain Toni- Ross, CHP ATTESTED _ /Qp
Herbert Chu, DMV, El Cerrito -�- - --"—
PHIL BATCHELOR, CLERK OF THE BOARD OF
Sheriff-Coroner SUPERVISORS AND COUNTY ADMINISTRATOR
Steve Roberti , Central Labor Council
Greg Feere, Bldg. Trades Council
M382/7-83 Dean La Field, BIA eY DEPUTY
r
Page 2
o prohibit an individual from obtaining a driver ' s
license until all vehicles registered to that owner are
currently and properly registered in California where
existing statutes would already require such
registration.
5 . Request the Sheriff-Coroner to work with the California
Highway Patrol on the 'problem of enforcing vehicle
registration laws in Contra Costa County, with particular
attention to the notification to new employees and residents
of the County of the need to register vehicles in
• California.
6 . Request the County Administrator to write to this County' s
legislative delegation and to the police chiefs of each city
and town in Contra Costa County asking for their cooperation
in enforcing vehicle registration laws.
BACKGROUND:
Our Committee has been concerned for some time with the ongoing
problem of enforcement of the vehicle registration laws in this
County. On March 28 , 1988, our Committee met with the California
Highway Patrol Area Commander for Contra Costa County, Captain
Tom Ross, two * of his officers, representatives of the State
Department of Motor Vehicles, and representatives from major
labor organizations and industries in the County.
We received a fact sheet from the Department of Motor Vehicles on
the requirements to register out-of-state vehicles in California.
The fact sheet is somewhat ambiguous in that it does not contain
an adequate definition of gainful employment nor does it define
the precise circumstances under which residence in California is
established. We are, therefore, requesting clarification of this
from the Department of Motor Vehicles and are suggesting
legislation, if necessary, to clarify existing law. With Captain
Oliver' s departure from the California Highway Patrol and the
arrival of Captain Ross, we also believe it is necessary to
restate the Board' s previous request that the California Highway
Patrol undertake periodic intensive enforcement of the vehicle
registration laws following notification to employers and their
employees. Captain Ross was most cooperative in agreeing to
contact his headquarters in Sacramento and request that they
contact their counterparts in the Department of Motor Vehicles to
determine what additional cooperation can be undertaken by the
two departments .
The role of the Department of Motor Vehicles is one of producing
revenue for the State. It is not their job to actively look for
individuals who are violating State law. While the California
Highway Patrol does have as part of its job the active
enforcement of vehicle registration laws, it is not one of their
highest priorities. However, the Contra Costa County office of
the California Highway Patrol continues to have one full-time
officer dedicated to enforcement of vehicle registration laws.
In addition, our Committee learned that the Department of Motor
Vehicles also has a foreign vehicle registration unit in
Sacramento which has major responsibility for enforcement of
vehicle registration laws .
Based on our discussions with the California Highway Patrol, the
Department of Motor Vehicles , and the Sheriff, we have formulated
the above recommendations which we recommend that the Board
adopt.
elor
Attachment 2
The Board of Supervisors Contra CetrkofthehBoard
and
County Administration BuildingCosta County Administrator
651 Pine St., Room 106 (415)646-2371
Martinez, California 94553 County
Tom Powers.1st District
Nancy C.Fanden.2nd District , q
Robert 1.Schroder.3rd District
l
Sunne Wright McPeak.4th District
Tom Torlakson.5th District
April 18, 1988
Captain Tom Ross, Commander
Contra Costa Area
California Highway Patrol
5001 Blum Road
Martinez, California 94553
Dear Captain Ross:
The Contra Costa County Board of Supervisors has asked that I
write to you to formally solicit your cooperation in enforcing
the ,vehicle registration laws, particularly as they relate to
out-of-state vehicles which should be registered in California.
The Board of Supervisors has two concerns which prompt this
request:
1 . Failure to properly register vehicles in California means
the vehicle may not meet California emission control
requirements. As a result, the vehicle may be polluting the
air unnecessarily.
2 . As you are aware, a significant percentage of all vehicle
registration fees goes to the County. Failure to register
vehicles in California (or to keep the registration current)
is causing a substantial revenue loss to the County.
We recognize that the Contra Costa Area is doing a better job in
this regard than other offices in the Bay Area. However, we
think even more can be done at no cost to either the County or
the Highway Patrol. For this purpose we have sponsored AB 4652
(Elder) , a copy of which has already been furnished to your
office. We solicit your support for this bill, or the same
concept which may be placed in another piece of legislation. In
this regard, we understand that you and Supervisor Tom Torlakson
will be meeting shortly to discuss this whole subject in more
detail.
Captain Ross--CHP
April 18 , 1988
Page 2
We believe that many out-of-state vehicles in this County belong
to workers hired by employers in this County from out-of-state to
work on construction and other projects. It is our understanding
that in such a situation an employee must have his or her vehicle
registered in California as soon as the vehicle' s owner "accepts
gainful employment" . It is possible that many employers are not
aware of this requirement or simply do not feel a responsibility
to bring this requirement to the attention of their employees.
Therefore, we would request that you do the following:
1. Advise major employers in the County of the requirement
that their employees ' vehicles be registered in
California and request that they routinely advise new
employees of this requirement.
2 . Warn major employers in the County that the Highway
Patrol will be conducting a series of intensive
short-term spot checks of vehicles going into major
employer ' s- parking lots looking for out-of-state
license plates and expired California registrations.
3 . Conduct a series of intensive short-term spot checks of
vehicles entering major employer' s parking lots looking
{ for out-of-state license plates and expired California
registrations.
While we recognize that enforcing vehicle registration laws is
not the major priority of the Highway Patrol, we continue to
believe that the enforcement of vehicle registration laws is an
important function which must be pursued as vigorously as
possible. We remain committed to assisting you in whatever way .
we can in enforcing the vehicle registration laws.
oVeryours,
CHRODER
CHAIRMAN
CONTRA COSTA COUNTY
BOARD OF SUPERVISORS
RIS:clg
cc: Governor George Deukmejian Dean La Field, BIA
James Smith, Commissioner, CHP Anne Quick, ABC
Board Members Barry Toms, WCCCI
Sheriff-Coroner Tom Koch, CC Council
Steve Roberti, Central Labor Council Hal Downie,
Industrial Assoc.
Attachment 3
County Administrator Contra Tom Powe
a Supervisors
ers
County Administration Building Costa
osta tst District
651 Pine Street. 111h Floor J Nancy C. Fanden
Martinez,California 94553 County 2nd District
(415)646-4080
Robed I. Schroder
3rd District
Phil Batchelor
County Administrator ,.....
`�=-='tet Sunne Wright McPeak
41h District
!t Tom Torlakson
5th District
April 18 , 1988
TO: CHIEFS OF POLICE, ALL CITIES
AND TOWNS IN CONTRA COSTA COUNTY
The Contra Costa County Board of Supervisors has asked this
office to write to you asking for your cooperation in addressing
a problem that is of considerable concern to the Board: the
enforcement of vehicle registration laws in the County.
Out-of-state vehicles which belong to individuals who are
employed in California, or have established residency in
California, are required to be registered in California. And, of
course, vehicles which are registered in California are required
to be re-registered each year. Failure to register, or
re-register a vehicle in California, presents two particular
problems:
1 . Vehicles which are not registered or whose registration
has been allowed to expire may not meet emission
control standards and, thus, may be unnecessarily
polluting the air.
2 . Cities and counties share the vast majority of vehicle
registration fees. Each vehicle which is not
registered, or re-registered, is costing your city or
town money--money all of us need to maintain law
enforcement programs, among others.
The Board of Supervisors has urged the California Highway Patrol
to intensify their enforcement of vehicle registration laws and
is also working with the Department of Motor Vehicles to find
ways to better enforce the registration laws . We would urge you
to make a particular point with your officers to cite expired
California registrations, and to record the license number of
vehicles registered out-of-state which may belong to someone
employed in California.
1
Page 2
I would ask that you advise this office of any particular
instructions you give your officers regarding the enforcement of
vehicle registration laws and whether you have now or are
planning any particular programs to intensify the enforcement of
vehicle registration laws. The Board of Supervisors ' Internal
Operations Committee (Supervisors McPeak and Torlakson) will be
considering this matter again on May 23. If you have any
comments you would like to share with the Committee, please
forward them to this office by May 18 so we can include them in
the packet we prepare for the Committee members. Of course, the
Committee meeting is public and you are welcome to attend and
share your comments personally, if you wish. The Committee will
meet as follows:
MONDAY, MAY 23, 1988
10:15 A.M.
Room 105, County Administration Building
651 Pine Street, Martinez
Very truly yours,
CLAUDE L. VAN MARTER
Assistant County Administrator
CLVM:clg
CC: Supervisor Sunne McPeak
Supervisor Tom Torlakson
City Managers
Attachment 4
City of Concord
1=!=10E ,;;F CHIEF Or POLICE CITY COUNCIL
Col:een Coll,Mayor
b June V. 6ulman,Vice Mavor
ontra Costa COUrs�. Diane Longshore
RE CF_<1�/%7r` Ronald K. Mullin
April 26 , 1988 Stephen L.Weir
APR 2 1988 Michael T.Uberuaga,CityOf
Mana;:r
iVI ..
Claude L. Van Marter
Assistant County Administrator
County Administration Building
651 Pine Street, 11th Floor
Martinez , CA 94553
Dear Mr. Van Marter:
Re: Your letter of April 18 , 1988 -- unregistered vehicles
The Concord Police Department routinely, as a matter of traffic
enforcement programs , focuses on non-registered or expired
registration vehicles . The only instruction we provide our
officers beyond periodic reminders is that they adhere to the
grace period suggested by DMV, normally 30 to 60 days past the
date of expiration, before a citation is issued.
Our traffic interns who enforce parking regulations are
instructed to issue citations for any expired registration they
observe on a vehicle parked on a public roadway. If a vehicle is
towed and stored as a result of a traffic violation or abatement,
we require that the vehicle be reregistered before release from
storage .
We do not anticipate any special enforcement program relative to
these vehicles. We view it as an important problem and as stated
earlier, periodically reinforce our officers to focus on the
violation. That reinforcement also includes out-of-state
registered vehicles , a specific issue that has declined with the
decline of construction in our city.
Sincerely,
i
Geor Straka
Chief Police ,•
GJS :ym
POLICE DEPAR T Pr1EN T VVILLO V PASS AND PARKSIDE CONCORD CALIFORNIA 94519
Attachment 4
City of Martinez POLICE DEPARTMENT
525 Henrietta Street,Martinez,CA 94553-2395 (415)372-3545
April 21 , 1988
Contra Co3lta Coun►y
RECEIVED
APR 221988
Claude L . Van Marter Offic- Of
Assistant County Administrator
Contra Costa County County Administrator
651 Pine Street , 11th Floor
Martinez, CA 9 +553
Dear Mr. Van Marter:
In response to your letter of April 18, we would like to advise
you that the City of Martinez has set a high priority on the
enforcement of violations of vehicle registration laws in the
past , and will continue to do so in the future.
Our officers are aware of the importance of this enforcement , and
will maintain their diligence in doing so.
If I can be of any further assistance , feel free to contact me at
372-3545.
Sincerely,
Robert G. Markwith
Chief of Police
RGM:rc
ROBERT "BUD" MARKWITH
CHIEF OF POLICE
Attachment 5
Cc u my Administrator Contra Board of Supervisors
*;. Tom Powers
1
Costa
County Administration Building 1st District
651 Pine Street. 11th Floor Nancy C. Fanden
Martinez,California 94553 County 2nd District
(415)646-4080
Robert I. Schroder
Phil Batchelor 3rd District
County Administrator �r
Sunne Wright McPeak
4th District
!ti ) Tom Torlakson
--
i,:,,,,, 51h District
April 18 , 1988
The Hon. Nicholas C. Petris
Senator, 9th District
5080 State Capitol
Sacramento, California 95814
Dear Senator Petris:
The Contra Costa County Board of Supervisors is concerned that we
need to do a better job of enforcing the vehicle registration
laws in California, particularly in this County. To this end,
the Board of Supervisors has sponsored the introduction of AB
4652 to provide a mechanism to increase the staff of the CHP
dedicated to enforcing the vehicle registration laws without cost
to the CHP.
Failure to actively enforce the vehicle registration laws creates
several problems:
1 . The vehicle may not meet California' s vehicle emission
standards and thereby may be polluting the air
unnecessarily.
2 . Since local government receives the vast majority of
vehicle registration fees every vehicle which is not
properly registered is costing the County and cities
badly needed revenue.
3 . It allows people to live in California and work at jobs
in California without having to pay their fair share of
taxes. This sends the wrong message to our residents.
The Board of Supervisors ' Internal Operations Committee
(Supervisors McPeak and Torlakson) have met with our local CHP
Commander, local DMV officials, and the Sheriff, to explore ways
in which we can cooperate more fully in enforcing vehicle
registration laws in the County. We have also written to each
police chief in the County asking for their cooperation and
suggestions.
s
Page 2
One thing that concerns the Board of Supervisors is that DMV will
issue a new resident of California a driver ' s license without
asking about registration of vehicles or requiring that all
vehicles owned by the individual be registered at the time the
individual gets a driver' s license. Would you support
legislation which would require the DMV to ask a person about
vehicles which ought to be registered when the individual applies
for a driver' s license and which would prohibit the issuance of a
driver' s license until all vehicles owned by the individual which
ought to be registered in California are properly registered?
Would you support AB 4652, or similar legislation, which would
authorize an additional full-time CHP officer in the County to be
paid for by the County with the County being reimbursed from the
additional vehicle registration fees which are generated by that
officer?
Do you have any other suggestions or comments on the subject of
vehicle registration laws which we can share with the Board of
Supervisors? The Board' s Internal Operations Committee will be
meeting on this subject May 23. May we have your comments by
May 18 so we can share them with the Committee on May 23?
Very truly yours,
CLAUDE L. VAN MARTER
Assistant County Administrator
CLVM:clg
cc: Supervisor Sunne McPeak
Supervisor Tom Torlakson
CHP Captain Tom Ross
Ralph Heim, Jackson/Barish & Associates
Attachment 6
County Administrator Contra Board of Supervisors
Tom Powers
County Administration Building Costa
lista 1st District
651 Pine Street,lith Floor I�VJJ�J Nancy C.Fanden
Martinez.California 94553 County 2nd District
(415)646-4080
Robert 1.Schroder
Phil Batchelor 3rd District
County Administrator "''
��`'� �''` -..,,.. Sunne Wright McPeak
_. 41h District
tt Tom Torlakson
stn District
April 18 , 1988
Captain Tom Ross, Commander
Contra Costa Area
California Highway Patrol
5001 Blum Road
Martinez , California 94553
Dear Captain Ross:
This letter follows up on part of the discussion at the Contra
Costa County Board of Supervisors ' Internal Operations Committee
meeting March 28 on enforcement of vehicle registration laws.
Mr. Chu from the El Cerrito Office of the DMV distributed the
attached fact sheet on out-of-state vehicle registration
requirements. The Committee has asked that we obtain
clarification from you regarding your interpretation of the
phrase "any vehicle entering California is subject to
registration immediately if the vehicle owner accepts gainful
employment. . . " . The fact sheet goes on to describe in some
detail how a person becomes a California resident. However, the
issue of employment seems less clear. Could you please respond
to the following questions as they pertain to employment for
purposes of vehicle registration laws:
1 . Does the above-quoted phrase, or something
substantially the same, appear in State law, or is this
only an administrative interpretation of State law?
2 . Please cite that portion of the California Vehicle Code
which requires an individual to register his or her
vehicle in California when he or she accepts employment
in the State.
3 . How do you interpret the phrase "gainful employment"?
Would you require California registration from an
individual who is employed:
o part-time?
0 on a temporary basis?
0 at less than the prevailing wage in the area?
11
Capt. Tom Ross
April 18 , 1988
Page 2
4 . If an individual is employed in California, but
maintains a residence in another state to which he or
she expects to return when the job in California is
completed, must the individual register his or her
vehicle in California?
5 . If an individual is employed in California on a job
which will terminate at some fixed point in the future,
the individual maintains no residence in another state
and is uncertain whether he or she will be working in
California or in some other state after the completion
of the current job, must the individual register his or
her vehicle in California?
6 . Are there any circumstances where an individual is
gainfully employed in California, but need not
register his or her vehicle in California, other than
the military personnel exemption?
Your .prompt response to these questions , along with any other
information that will assist the Board of Supervisors in
understanding the circumstances under which the vehicle
registration laws are enforced, will be greatly appreciated.
Very truly yours,
CLAUDE L. VAN MARTER
Assistant County Administrator
CLVM:clg
cc: Supervisor Sunne McPeak
Supervisor Tom Torlakson
Steve Roberti, Central Labor Council
Dean La Field, BIA
Anne Quick, Associated Builders & Contractors, Inc.
Barry Toms, West Contra Costa Council of Industries
Tom Koch, Contra Costa Council
Hal Downie, The Industrial Association
AJA•.LLl/.MU
Off
• M JI/14tr,1 M.M�IJrJyJ
r FACT SHEET
OUT OF STATE VEHICLE REGISTRATION REQUIREMENTS
Any vehicle entering California is subject to registration immediately if
the vehicle owner accepts gainful employment or becomes a California
resident. Fees must be paid within 20 days to avoid a penalty.
DEFINITION OF A CALIFORNIA RESIDENT:
A California -resident is defined as:
• Anyone who manifests an intent to live or be located in this state on
more than a temporary or transient basis.
• Presence in the state for six months or more in any twelve month
period is a presumption of residency.
EVIDENCE OF CALIFORNIA RESIDENCY:
Evidence of California residency may be established by any of the
following:
• Address where registered to vote.
• Location of employment or place of business.
• Payment of resident tuition at a public institution of higher
education.
• Attendance of dependents at a primary or secondary school.
• Filing a homeowner's property tax exemption.
• Renting or leasing a home for use as a residence.
• Declaration of residency to obtain a license or any other privilege
or benefit not ordinarily extended to a nonresident.
s Possession of a California driver's license.
• Other acts, occurrences, or events that indicate presence in the
state is more than temporary or transient.
VEHICLES EXEMPT FROM REGISTRATION
A nonresident owner of a vehicle may operate, or permit operation, of a
vehicle in this state if the vehicle is registered in the owners state of
residence and displays valid license plates issued by that state. This
exemption does not apply if the nonresident owner rents, leases, lends,
or otherwise furnishes the vehicle to a California resident for regular
use on the highways of this state.
LEASED VEHICLES (VC 6853)
When a person residing or having an established place of business in
California leases a vehicle from a nonresident owner for use on
California highways, the leased vehicle must be registered here.
REG 25
Attachment 7
State of California—Business,Transportation and Housing Agency GEORGE DEUKMEJIAN,Governor
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
5001 Blum Road '
Martinez , CA 94553
( 415 ) 646-4980
May 4, 1988
File No . : 320. 3727 .A5928 ;Xy
Mr. Claude L. Van Marter �..
Assistant County Administrator
651 Pine Street , 11th Floor
Martinez , CA 94553
Dear Mr . Van Marter:
Your letter of April 18, 1988 requesting clarification of
specific information with regard to enforcement of vehicle
registration laws was received at this office.
The statement , "any vehicle entering California is subject to
registration immediately if the vehicle owner accepts gainful
employment" is a condensed paraphrase of Vehicle Code Section
6700 .
Our interpretation of gainful employment is when the individual
received compensation for a service and that applies to part-
time , temporary basis or any other situation.
A nonresident who accepts gainful employment in California must
register his vehicle in the State based on the time frames set
forth in 6700 V. C.
While we interpret Section 6700 V . C . to mean that accepting
gainful employment requires the owner to register their vehicle
in this State , the Department of Motor Vehicles, has the final
decision in this matter.
There are some problems with interpretation of gainful employment
that need clarification and legislative action.
.Additionally, procedures in Department of Motor Vehicles need to
be modified , i . e. , when an out of state driver applies for a
California driver' s license they are notified that California
registration and other state requirements on their vehicle must
be met.
STATE OF CA"LIFOANI-A-BUSINESS,TRANSPORTATION AND MOUSING AGENCY GEORGE DEU1CMEMAN,Go wr4f
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
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t
Ip Attachment 8
County Administrator r Board Supervisors
Contra '. Tom Powers rs
County Administration Building Costa tst Distract
651 Fine Street. 11th Floor ��//��vv Nancy C. Fanden
Martinez.California 94553County
f11 I�t1/ 2nd District
(415)646-4080 lou l�/
Robert 1. Schroder
3rd District
Phil Batchelor
<. t
County Administrator t`. :t
� k, Sunne Wright McPeak
�--� 41h District
Tom Torlakson
5th District
April 22 , 1988 \
Captain Thomas ROSS, Commander
California Highway Patrol
Contra Costa County Area
5001 Blum Road
Martinez, California 94553
Dear Captain Ross:
This letter attempts to confirm my understanding of the
agreements reached at our meeting on April 21 , 1988 relative to
enforcement of vehicle registration laws in Contra Costa County.
1. .__ You will be talking to the police chiefs next week regarding
vehicle registration. You will urge them to give higher
priority to citing expired California registrations and to
reporting out-of-state licenses which appear to be owned by
California residents or persons employed in California. You
will also offer the police chiefs training in the process
for reporting out-of-state licenses to DMV.
2 . Your preference is to rely more heavily on the DMV' s Foreign
Vehicle Registration Unit in Sacramento rather than having
all such cases reported to the CHP. it is our understanding
that the DMV is sufficiently up-to-date in their work that .
they will be able to handle an increased workload without
difficulty.
3 . You have asked Supervisor Torlakson to provide you a list of
the major employers in the County and a contact person for
each. The CHP and DhN will then send a joint letter to
these employers encouraging them to advise new employees of
the requirement that vehicles be registered in California.
4 . Rather than utilizing AB 4652 to provide additional staff to
the CHP, you would prefer to use this bill or another
available vehicle to tighten up . the law defining when the
vehicle has to be registered in California. This might
include clarification of the definition of "gainful"
employment. The bill could also be used to reauire DMV to
k •• e
1
Captain Ross, CHP
April 22 , 1988
Page 2
4 . (continued)
ask about registered vehicles before issuing a driver ' s
license in an effort to insure that vehicles are registered
at the time an individual obtains a new driver' s license.
While the bill might also be used to require employers to
ask for proof that an employee ' s vehicles are properly
registered in California, we both recognize the likely
opposition to such a provision.
5 . You indicated that you have already asked the CHP
headquarters in Sacramento to coordinate with their
counterparts in the Department of Motor Vehicles in an
effort to see what additional steps can be taken to more
vigorously enforce vehicle registration laws.
6 . You also indicated that you will have your special
enforcement unit do periodic, intensive checks for
out-of-state vehicle and expired California registrations.
This program, coupled with a more intensive effort by city
police departments , should result in a substantial increase
in the number of vehicles being registered in California.
This office will prepare at least an outline of possible
legislation and will forward it to our lobbyist in Sacramento to
discuss with both the CHP and DMV. This legislation will attempt
to implement the suggested changes outlined above. The Board' s
Internal Operations Committee will again discuss the whole
subject of vehicle registration laws on May 23, 1988 at 10:15
A.M. We would appreciate your having staff present at that time,
although you indicated you would be out-of-town.
If I have overlooked or misunderstood anything we discussed,
please let me know.
Very truly yours,
CLAUDE L. VAN MARTER
Assistant County Administrator
CLVM:clg
cc: Supervisor Sunne McPeak
Supervisor Tom Torlakson
Sheriff Richard Rainey
Attachment 9
County Administrator Contra Board of Supervisors
'• Tom Powers
4 County Administration Building1 Costa tst District
651 Pire Street. 11th Floor "`/// J Nancy C. Fanden
Martinez.California 94553 County
/ 2nd District
(415)646-4080 l�/
Robert 1. Schroder
3rd District
Phil Batchelor ._ �`
County Administrator Sunne Wright McPeak
41h District
Tom Torlakson
r LA I
51h District
April 22 , 1988
Les Spahnn
Jackson/Barish & Associates
770 "L" St. , Suite 960
Sacramento, California 95814
Dear Les:
Attached is a copy of the letter I have sent our CHP Commander
confirming my meeting with him on April 21, 1988 . Also enclosed
is an updated fact sheet for the Contra Costa Area office.
Captain Ross has made it clear that the CHP opposes our
legislation and would prefer to utilize existing procedures
involving the use of the Foreign Vehicle Registration Unit in
DMV. As is indicated in the letter to Captain Ross, we would
Y like to pursue utilizing our existing legislation, or other bills
you can identify, to make other changes to the vehicle
registration laws.
I will prepare a rough draft of such language and forward it to
you. Any further conversations you can have with the CHP and DMV
regarding the points Captain Ross and I discussed would be
appreciated.
Very truly yours ,
CLAUDE L. VAN MARTER
Assistant County Administrator
CLVM:clg
Enclosure
r
i
CALIFORNIA HIGHWAY PATROL
CONTRA COSTA AREA
MINI FACT SHEET
FOREIGN VEHICLE REGISTRATION
1987 Total Fees Collected $238 , 745
Number of Vehicles Registered 1 , 187
Jan-Feb-Mar 1988 Fees Collected $ 62 ,951
Number of Vehicles Registered 290
TOTAL REGISTRATION VIOLATIONS
1987 Citations Issued 8 , 954
WILLOW PASS GRADE TRUCK VIOLATIONS
Jan-Feb-Mar 1988 Citations Issued 69
BASIC STATISTICS - Jan-Feb-Mar 1988
Total Arrests 16 ,009
DUI Arrests 600
Total Accidents 1 ,016
Motorist Services 7 , 251
Attachment 10
State of California—Business,Transportation and housing Agency GEORGE DEUKMEJIAN,Governor
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
5001 Blum Road
Martinez , CA 94553
( 415 ) 646-4980
May 4, 1988
File No. : 320 . 4484.A5928
.t i"Y
Mr. Claude L . Van Marter
Contra Costa County Administrator
651 Pine Street , 11th Floor
Martinez , CA 94553
Dear Mr. Van Marter:
Please accept my appreciation for taking the time from your busy
schedule to meet with me on April 21 , 1988. The letter you
prepared on the . following day accurately confirms the points of
our discussion.
As you are aware , the California Highway Patrol has continued to
maintain an aggressive registration enforcement program. To
furth-er enhance its effectiveness in this county , we will
intensify our efforts in known problem areas. Also , I have made
a request at the Police Chief ' s Association meeting on April 27 ,
1988 , to elicit their assistance in this endeavor. I also
offered to provide specialized training on registration
enforcement procedures to facilitate their participation in this
program.
Please be assured that we share your concerns in this matter of
mutual interest. We look forward to working with the county and
cities in an effort to increase the level of compliance with
California ' s registration laws .
Sincerely,
—4 . L)- SL 1-- �—,��
T. W. ROSS , Captain
Commander
Contra Costa Area
cc : Board of Supervisors
CGuntjrAdministrator
Contra Attachment 11 Board of Supervisors
1 . Tom Powers
t
County Administration BuildingCosta 1st District
651 Pine Street. 11th Floor Nancy C.Fanden
Martinez.California 94553 Chuny`y' 2nd District
(415)646-4080 County
Robert 1.Schroder
3rd District
Phil Batchelor
County Administrator
Sunne Wright MCPeak
4th District
Tom Tortakson
5th District
May 17 , 1988
Tom Ross, Captain
Commander
Contra Costa Area
California Highway Patrol
5001 Blum Road
Martinez, CA 94553
Dear Captain Ross:
In preparation for our meeting with the Board' s Internal
Operations Committee on May 23, our lobbyist has talked with both
the CHP and DMV legislative liaisons. A copy of his memo to me
on the result of that meeting is enclosed.
If it meets with your approval, I would like to recommend
the following to Supervisors McPeak and Torlakson on May 23 :
1. That we try to get some press coverage of the
availability of the DMV foreign registration unit and
the fact that individual citizens can send them either
out-of-state license numbers which are believed to
belong to residents or expired California
registrations .
2 . That the Board support the proposed amendments to VC
4000. 4 ( a) and 4000 as proposed in the attached memo.
` -2-
Our lobbyist says both the CHP and DMV would actively
support this amendment which would eliminate the necessity to
"prove" that someone with a foreign registered vehicle is in fact
a California resident if the individual has a California drivers'
license. I would hope you and your staff could support these
efforts .
Very truly yours,
CLAUDE L. VAN MATER,
Assistant County Administrator
CLVM: lmj
Enclosure
CC: Supervisor Sunne McPeak
Supervisor Tom Torlakson
Les Spahnn, Jackson/Barish & Associates
Richard Rainey, Sheriff-Coroner
l
Contra Costa County
An �i gent REC'E IVED
ANTI .. 4509
MAY 171988
Aj
L. K. HERENDEEN Office of
CHIEF OF POLICE
May 13, 1988
Claude L. Van Marter
Assistant County Administrator
651 Pine Street, 11th Floor
Martinez, CA 94553
Dear Mr. Van Marter:
I share the Board of Supervisors concern regarding the number of
vehicles that do not have current California registration. The
Antioch Police Department routinely places emphasis in this area;
and as a result, our officers write numerous citations for expired
registration. Traffic stops for this violation often develop into
felony cases involving illegal narcotics and also numerous warrant
arrests.
Our officers have been again reminded to issue citations for
registration violations, including out-of-state registered
vehicles.
Sincerely,
L. K. HERENDEEN
Chief of Police
By:
Capt i,n Jay S. Glen
Patr 11 Division Commander
LKH:JSG/jap
Please direct all correspondence
"'r� to the Chief of Police