13.015 Commercial Vehicle Exclusions
The following are not commercial vehicles:
- Vanpool vehicles (VC §668)—A motor vehicle, other than a motortruck or truck tractor, designed to carry more than 10, but not more than 15 persons including the driver, which is maintained and used primarily for nonprofit work-related transportation of adults for the purpose of ridesharing.
- Passenger vehicles not used for transportation of persons for hire, compensation, or profit.
- Housecars or motorhomes.
- Trailer coaches. Trailer coaches may transport property but are designed primarily for human habitation or occupancy.
- Military equipment operated by noncivilian personnel, which is owned or operated by the U.S. Department of Defense, including the National Guard.
- Implements of husbandry operated by someone not required to have a driver license.
13.010 Commercial Vehicle Definitions
Commercial Vehicle (VC §260)—A commercial vehicle is a vehicle required to be registered which is used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. The following vehicles may be registered as passenger or commercial:
- Multipurpose vehicles.
- Passenger-type vehicles transporting persons for hire.
- Pickup trucks with a camper permanently attached.
- Station wagons.
Note A bus (VC §233) is a commercial vehicle when it is used to transport persons for hire, compensation, or profit or when bus transportation is supplied by a profit-making entity and a customer pays for the bus service as part of the overall consideration for the primary service.
Motor Truck (VC §410)—A motor truck is a motor vehicle designed, used, or maintained primarily for the transportation of property.
Pickup (VC §471)—A pickup is a motor truck with a manufacturer’s gross vehicle weight rating (GVWR) of less than 11,500 pounds, an unladen weight of less than 8,001 pounds, and equipped with an open box-type bed less than nine feet in length. California Code of Regulations, Title 13 §150.04 further defines pickup trucks:
(a) Pursuant to VC §471, any motor vehicle, except a motorcycle, motorized bicycle, or motorized quadricycle, with an open box-type bed not exceeding 9 feet in length is by definition a pickup. Examples of this type of motor vehicle include the Ford Explorer Sport Trac, Nissan Frontier, and similarly designed vehicles.
(b) Pursuant to VC §471, any motor vehicle, except a motorcycle, motorized bicycle, or motorized quadricycle, that may be configured or reconfigured to provide an open box-type bed not exceeding 9 feet in length is by definition a pickup. Examples of this type of motor vehicle include the Chevrolet Avalanche and similarly designed vehicles.
The GVWR is required for all pickup trucks when the application includes any of the following forms:
- A Verification of Vehicle (REG 31, REV 1/2102 or later) (PDF) form.
- Application for Registration of a New Vehicle (REG 397, REV 2/2102 or later). Report of Sale—Used Vehicle (REG 51, REV 11/2011 or later).
Registration applications for vehicles with the body type model (BTM) of pickup (PK), club cab pickup (PC), 3-door extended cab pickup (3C), or 4-door extended cab pickup (4C), with a REG 31, REG 397, or REG 51 must include the GVWR.
| If the Form Submitted Is a |
Completed on July 1, 2012, or Later |
And the Vehicle Has a GVWR of |
|---|---|---|
If the Form Submitted Is a
|
Completed on July 1, 2012, or Later
|
And the Vehicle Has a GVWR of
|
Important If the Vehicle Identification Number Analysis (VINA) program generates a BTM that is not recognized by the DMVA system and the GVWR is 11,499 pounds or less, change the BTM to match the REG 31, REG 397, or REG 51. For a vehicle with a GVWR of 11,500 pounds or more, change the BTM to VA or other applicable BTM. If the REG 31, REG 397, or REG 51 does not indicate the appropriate BTM, return the application for correction.
Pickup Exclusions—The following trucks are not pickups:
- Trucks with an open box-type bed that weigh more than 8,000 pounds unladen or exceeding the manufacturer’s GVWR of 11,500 pounds body type model (BTM) VA.
- Trucks equipped with a bed-mounted storage compartment unit commonly called a “utility body” (Utility—BTM UT ).
- Trucks with a BTM other than an open box bed (stake, flatbed, dump, etc.).
Tow Truck (VC §615)—A tow truck is a motor vehicle which has been altered or designed and equipped for, and primarily used in the business of, transporting vehicles by means of a crane, hoist, tow bars, tow line, or dolly or is otherwise primarily used to render assistance to other vehicles. A “roll-back carrier” designed to carry up to two vehicles is also a tow truck. An auto dismantler’s tow vehicle is not a “tow truck.”
Truck Tractor (VC §655)—A truck tractor is a motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the vehicle weight and load drawn. As used in this section, “load” does not include items carried on the truck tractor in conjunction with the vehicle operation if the load carrying space for these items does not exceed 34 square feet.
Note Truck tractors must always be registered as commercial vehicles, even if they have living quarters. The living quarters are secondary or incidental to the primary function of the vehicle, which is still drawing other vehicles. Do not register truck tractors with living quarters as housecars.
Water-Well Drilling Rigs—There are three types of water-well drilling rigs:
- Agricultural—Exempt from weight fees and issued auto license plates (VC §9405).
- Oversize—Moved occasionally over the highways, used primarily off highways for construction purposes, and require a permit issued by California Department of Transportation (Caltrans), are special construction equipment and may be issued Special Equipment (SE) license plates (VC §565). Refer to Chapter 16 for additional information.
- All Others—Are commercial vehicles and subject to the weight fees set forth in VC §§9400 or 9400.1.
- The weight of the well-drilling machinery is excluded from the vehicle weight for purposes of calculating weight fees under VC §9400 (vehicles with an unladen weight of 10,000 pounds or less). Refer to this chapter, Farm Labor Vehicles for exclusions from unladen weight information.
- The weight of the well-drilling machinery shall be considered part of the load when calculating weight range fees under VC §9400.1 Commercial Vehicle Registration Act of 2001 (CVRA).
Note Water-well drilling rigs were previously defined as “cranes.” A new BTM of well driller (WD) is assigned to commercial water-well drilling rigs.
Yard Trucks (VC §§4751d, 38010, and 38012)—Yard trucks, which are similar in appearance to a diesel tractor, and known in the industry as yard goats, trailer spotters, terminal tractors, or jockeys, are vehicles specifically designed to move trailers within or about freight operation yards in preparation for storage or loading.
Do not accept a registration application for a yard truck that does not have a complying 17-digit vehicle identification number (VIN). Yard trucks that do not have a complying 17-digit VIN do not meet federal safety standards and cannot be titled, registered, or operated on public roadways in California. In addition, these vehicles do not meet the criteria for off-highway registration or special equipment identification. A yard truck that does not have a complying 17-digit VIN can be used only on private property and cannot be operated on public roadways for any reason.
13.005 Body Changes and Alterations (VC §9406 and CR&TC §10753)
Alterations and/or additions to a registered used commercial vehicle which places the vehicle into a different weight classification must be reported to the Department of Motor Vehicles (DMV). Additional weight fees are due on the date of first operation after the alteration/addition if the altered vehicle falls into a higher weight class. A refund of weight fees paid cannot be given when an altered vehicle falls into a lower weight class.
Changes made by the current owner —To change the body type model (BTM) and/or weight when alterations were made by the current owner, the following must be submitted:
- The California Certificate of Title or an Application for Replacement or Transfer of Title (REG 227) form.
- A Verification of Vehicle (REG 31) (PDF) form (completed after the change/alteration has taken place).
- A Statement of Facts (REG 256) (PDF)form with the Statement for Vehicle Body Change section completed by the vehicle owner.
- Evidence of purchase or ownership of the added parts. This may be the originals or copies of bills of sale, invoices, sales slips, etc. A bond may be required if the owner does not have evidence for parts valued over $4,999. Refer to Chapter 23 for bond information.
Note If a used body was removed from a different vehicle owned by the individual and placed on the vehicle, the individual must explain that on the REG 256. The license plate number of the vehicle from which the body was removed must be given.
- A weight certificate for the altered vehicle, unless the vehicle is one of the exceptions to the weight certificate requirement shown in the Weight Certificate Exceptions section in this chapter.
- Additional weight fees if the altered vehicle falls into a higher weight class.
The procedures below must be followed:
- Determine if an additional weight fee is due. If due, prorate both the new weight fee and the old weight fee for the remainder of the registration year and then subtract the prorated old weight fee from the prorated new weight fee.
Note A refund of weight fees cannot be given when the altered vehicle falls into a lower weight class.
Changes made by a prior owner—To change the BTM and/or weight when the owner acquired the vehicle with a BTM and/or weight which differs from that shown on the California Certificate of Title, the following must be submitted:
- The California Certificate of Title.
- If held by the lienholder, the following documents must be submitted to their lienholder for submission to DMV with the California Certificate of Title.
- A REG 31.
- A REG 256 stating the vehicle was acquired with its current BTM and/or weight and no body changes or alterations were made since acquiring the vehicle.
- For commercial vehicles weighing:
- Less than 10,001 pounds unladen, a weight certificate.
- 10,0001 pounds unladen or more, a Declaration of Gross Vehicle Weight (GVW)/Combined Gross Vehicle Weight (CGW)(REG 4008) form and a REG 256 with the estimated weight.
Note: A weight certificate is required even if the correction is for BTM only because changing the BTM could alter the weight of the vehicle.
- Additional fees due, if any.
- A replacement title fee is not charged, unless the California Certificate of Title is lost or stolen.
The procedure below must be followed:
Process as clearing item unless special handling by DMV headquarters is required.
Note If the vehicle is changing from auto to commercial or commercial to auto, the registration expiration date will change and weight fees may be due.
Correction of the Vehicle License Fee (VLF) Classification—The VLF classification must be corrected if the cost of the alterations/changes to the commercial vehicle is $2,000 or more. Cost does not include a change of engine of the same type or any cost of repairs to the vehicle.
The procedures below must be followed:
- Reclassify the vehicle to reflect the appropriate VLF classification.
- The *YR and the vehicle value based on the Statement for Vehicle Body Change section on the REG 256 completed by the vehicle owner. The *YR coding will only generate if the cost of the change/alteration is $2,000 or more.
If a new VLF class is generated and current year fees are due, then collect the fees based on the new VLF class.
If a new VLF class is generated and current year fees are not due, then do not collect additional fees (VLF). Fees based on the new VLF class will be due at the next renewal.
If a new VLF class is generated and fees are due for a prior registration year, then collect fees based on the VLF class at the time the fees became due.
13.000 Introduction
This chapter contains commercial vehicle registration information and procedures. Refer to Appendix 1F for weight fee schedules and ranges.
Chapter 13: Commercial Vehicles
13.005 Body Changes and Alterations
13.010 Commercial Vehicle Definitions
13.015 Commercial Vehicle Exclusions
13.020 Commercial Vehicle Registration Act of 2001 (CVRA)
13.025 Conversion From Auto to Commercial License Plates
13.030 Conversion From Commercial to Auto License Plates
13.035 Credit for Unused Weight Fees
13.045 Federal Heavy Vehicle Use Tax (FHVUT)
13.050 Financial Responsibility
13.075 Motor Carrier Permit Program
13.090 Passenger-Type Vehicles With Commercial Registration
13.095 Partial Year Registration (PYR) for Commercial Vehicles
13.100 Permanent Fleet Registration (PFR)
13.105 Permanent Fleet Registration (PFR) and IBC Offices
13.110 Pickup With a Camper Attached
13.140 Unladen Weight Exclusions
13.170 Weight Fee Penalty Exceptions
13.175 Weight Fee Schedules and Weight Ranges
12.165 Vehicle Verification Exceptions
A vehicle verification is not required for:
- A new trailer purchased in another state and eligible for registration under the Permanent Trailer Identification (PTI) program, provided:
- The trailer has never been registered.
- The trailer has not been modified, altered, or assembled from a kit.
- A secured Manufacturer’s Certificate/Statement of Origin (MCO/MSO) is submitted for the complete trailer.
- A new commercial vehicle purchased in another state as a complete vehicle or as an incomplete vehicle to which a new body was added to make a complete vehicle, provided the vehicle:
- Has never been registered or issued International Registration Plan (IRP) registration in California or was issued IRP registration within the last 60 days only.
- Has not been modified, altered, or assembled from a kit.
- Has an unladen weight of 6,001 pounds or more.
- Meets California emission standards.
- Meets California emission standards.
Note A REG 31 (PDF) is required for a vehicle that does not meet California emission standards.
- Is now complete and one of the following is submitted:
- A secured Manufacturer Certificate of Origin/Manufacturer Statement of Origin ((MCO/MSO) for the complete vehicle.
- A secured MCO/MSO for the cab/chassis and the body with a REG 256 (PDF) completed by the owner which certifies the vehicle “was not constructed with any used components” and states the body type model (BTM) for the complete vehicle.
Note A bill of sale, invoice, or sales slip cannot be accepted in lieu of a secured MCO/MSO.
- A REG 256 completed by the owner which certifies that no alterations, adjustments, or modifications have been made to the vehicle’s emissions control system and the vehicle has a properly affixed emission label which indicates the vehicle meets U.S. and California emission standards or the MCO/MSO specifically states the vehicle meets California emission
standards.
Note If the MCO/MSO does not provide a recognized BTM abbreviation, such as P120SV which is a step van, accept a REG 256 from the applicant to clarify the BTM. A REG 31 is not required.
12.160 Return of Nonresident License Plates (VC §4302)
Vehicle owners may retain their out-of-state license plates when:
- Expired.
- The vehicle has “dual registration” or interstate registration (for example, a commuter who resides in Nevada and California with a vehicle registered in both states).
- The owner must return them to the motor vehicle department of the state where they were issued.
If an application for California registration is submitted with out-of-state license plates, and the application is incomplete, return the license plates to the owner and inform them to keep the license plates until the application is finalized. Unexpired nonresident license plates surrendered upon application for California registration may be returned to the motor vehicle registration authority in the applicant’s home state.
Note Switzerland license plates do not have an assigned expiration date and must be picked up. The license plates belong to the Swiss government, not the vehicle or owner.
The following must be submitted:
- The documentation listed in the Basic Registration Requirements section in this chapter.
- The vehicle owner must indicate the disposition of their out-of-state license plates on the REG 343 (PDF) and that they will not be affixed to a vehicle at any time.
- A completed Application for Return of Nonresident Plates (REG 356) form.
- The out-of-state license plates.
- The fee to return the license plates.
12.155 Repossession of Nonresident Vehicles in California
When a currently registered nonresident vehicle is repossessed in California, the following must be submitted in addition to the usual nonresident registration requirements shown in the Basic Registration Requirements section in this chapter.
- A completed Certificate of Repossession Security Interest/Conditional Sales Contract (REG 119) form.
Note A lien release is not required when the lienholder is the same as the repossessor for a Florida title submitted with a Florida Repossession Certificate, a Georgia title submitted with a Georgia repossession certificate, or a Texas title submitted with a Texas repossession affidavit.
- Evidence of the lienholder’s right to repossess the vehicle. Evidence may be showing as the lienholder on the title or a certified copy of the Conditional Sales Contract or chattel mortgage.
- Fees from the date of purchase or date of first retail sale by a dealer, without regard to the status of the nonresident registration or date of repossession.
12.150 Reciprocity
Nonresident Home State Entitles Owner to a Grace Period—The nonresident owner may renew the vehicle registration in the owner’s residence state. The nonresident owner also may operate the vehicle in California during the grace period provided by the residence state without the vehicle becoming subject to California registration.
If the vehicle becomes subject to registration during the grace period (for example, the owner accepts gainful employment or becomes a resident) or the owner decides to obtain California registration, fees are due from the statutory expiration date and must be paid within 20 days to avoid penalties (VC §4152.5).
Important Respond to questions from nonresident applicants regarding California registration requirements as follows:
- Caution the nonresident regarding the requirements.
- Make sure the nonresident understands the difference between the statutory expiration date and the grace period.
- Use specific dates when explaining the requirements for registration and payment of fees.
Nonresident Home State Does Not Have a Grace Period—In this case, the vehicle is subject to registration immediately upon first operation after the statutory expiration date unless the owner has evidence of renewal in the owner’s residence state made either before the statutory expiration date or before first operation in California after the statutory expiration date.
The registration fees must be paid within 20 days of the expiration date of the nonresident registration to avoid penalties (VC §4152.5).
12.145 Privileges of Nonresidents (VC §6700)
- The owner of any vehicle, other than a commercial vehicle, of a type subject to registration which is registered in a foreign jurisdiction may operate the vehicle in California until the owner accepts gainful employment in this state or establishes residency in this state, whichever occurs first, provided the vehicle displays valid license plates and has a valid registration issued to the owner, and the owner was a resident of that state at the time of issuance.
- A nonresident owner of a vehicle may operate, or permit operation of, a vehicle in California without obtaining California registration if the vehicle is registered in the place of residence of the owner 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 California highways.
- Any vehicle owned by a nonresident and furnished to a California resident for their regular use within this state must be registered in California within 20 days after first operation of the vehicle in this state by the resident (VC §4000.4).
- A nonresident registration that does not indicate an expiration date will be considered to expire one year from the date of first use of the vehicle in California. Fees are due immediately and must be paid within 20 days if the owner accepts gainful employment or establishes residency in California (VC §4152.5).