California DMV

[Tom Endy]

Somewhile back there was a discussion on this forum concerning a California DMV statute that exempts pick up trucks 1937 and older from being required to be licensed with commercial plates. I have attempted to do a search, but cannot come up with the post.

Quite often an owner of a Model A pick up truck goes to the California DMV and they are told they must have the vehicle weighed and pay commercial fees. The people working there are not aware of their own statute and have to be directed to it in order to license the pick up with regular plates.

One of our club members has encountered such a situation at the DMV and I would like to be able to provide him with the information.

Can anyone advise the DMV statute number.

Tom Endy

[Wello]

CVC
9401. (a) Motor vehicles manufactured in or prior to 1936, are
exempted from the payment of the weight fees provided for in Section
9400.
(b) Notwithstanding subdivision (a), any person who owns and
operates a commercial vehicle manufactured in or prior to 1936 which
is registered to such person, may pay the appropriate weight fees,
and the department shall issue license plates of the same type as are
issued to vehicles which are required to pay weight fees for such
vehicles.

[V4F]

years ago i registered my pick-up with regular plates , but you are not allowed to carry anything in the bed ...............

[al's28/33]

I bought my '33 pickup in 2004 and it came from Illinois. when I registered it with California DMV I had to have it weighed to get a license, but did not get a commercial plate. I have vanity plates for it.

I just took it to a local landscaping supply yard and they gave me the weight tag for $5.00

[CA Victoria]

Sounds like the code was found.
We have worked with CA DMV often and found that the clerks may not be familiar with the infrequently used CA DMV regs. We have used the DMV help line and sought the office Supervisor for help. One example was the clerk denying to accept an original YOM plate because it was not the correct size. When summoned the supervisor quickly solved the issue.

[Brobrian]

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Yeah, I was told the same thing by the DMV: get the pickup weighed. The tag is the same as a passenger vehicle. They also made me go to the CHP for an inspection and a new VIN. All this because I brought the car in from Nevada. Don't know if they were wrong to require the weigh slip, but they were adimate about it.
I was annoyed at the hassle, but now it's done and I drive around happy. Hope you do the same.

[CarlG]

My first vehicle was an AA 280A (Ambulance). I was 14 at the time. Registering it in Arizona took some doing! Commercial tags were going to cost several hundred dollars, and for a 14 year old kid in the mid 50's, that was lots of newspapers to deliver! We finally got it registered as a passenger vehicle by installing a couple of seats in the back, and re-titling it as a "Country Squire" (DMV made that up - not me). BTW-they didn't have any problem at all registering it to a 14 year old, just had to jump thru hoops to get passenger tags.

[Tom Endy]

My thanks to all who responded. My understanding is that you can carry things in the back as long as the vehicle is not used as part of a commercial venture.

I would certainly have confidence that once you are able to prove to the DMV clerk that the vehicle is exempt the issue is resolved.

Tom Endy

[DaveB]

I sent that post about our Visalia CA DMV. I had to show the local DMV sec 9401 of their CVC to get them to send the license application to the state without a weight fee. The "all knowing" state DMV returned my application and said I need to include a weight fee. Back to the local DMV. The local DMV manager sent my application to the CA state dept again with a personal note from him and a copy of sec 9401 of their CVC. The State ignored his note and sent my application back to me stating .... no weight fee ... no license. I went back to the DMV mgr. and he just shook his head. He registered the pick-up as a car and I carry lots of things in the bed of the pick-up ...... but still will not pay a weight fee.

[Charlie Stephens]

Originally Posted by PaulShinn

The problem is, if you don't register it as a commercial vehicle, then you cannot have so much as a leaf in the back of the truck. It's a racket.

This used to be the case if you had an El Camino and you registered it as a passenger vehicle. The new law is silent on this topic, do you know this to be a current fact or are you just basing this on the way it used to be?

Charlie Stephens

[socalplanedoc]

Originally Posted by PaulShinn

Without giving too many details, I am affiliated with law enforcement. I can tell you without a doubt that in California, if your plate is run and it coms back non-commercial, and you have so much as a stuffed animal in the back, you can be cited. Until informed differently, that means all of my colleagues are under the same impression as well.

Of course, that assumes the LEO 1 - actually runs the plate on a vintage car, 2 - notices the non-com, 3 - undestands the VC, and 4 - is inclined to do anything about it.

I wouldnt lose any sleep over it. If it ever happens to me, I'll enjoy telling the judge that a cop gave me a ticket for transporting a teddy bear with a Model A (hope the cop doesnt have a moody supervisor)

[JoeWay]

I don't understand this. The Vehicle Code is very clear. Pre-1937 vehicles are EXEMPT from the weight fees. NOTHING is said about them being restricted in any way.

Seems to me like a good opportunity to educate your colleagues on the meaning if this particular part of the code--sounds like it has been missed in the training/testing.


Joe

['29wagon]

curious, would the pick up being mentioned fit into a classification of 1/4 ton, might that assist in it being not commercial ?

[ursus]

Gotta love that Kalifornia DMV! Some years ago they launched an effort to crack down on Oregon residents with jobs over the border in the Peoples Republik of Kalifornia. Parking lots of lumber mills and agricultural businesses in border areas were investigated by Highway Patrol officers and folks with Oregon licenses were cited for failure to register with the Kalifornia DMV and pay "use taxes" for the privilege of driving in Kalifornia. Anything for more money to feed Kalifornias burgeoning bureaucracy.

[socalplanedoc]

[QUOTE=ursus;499357]Gotta love that Kalifornia DMV! QUOTE]

ya? well, at least we get to pump our own gas (not sure if that's really a benefit though since I put AVGAS in my Model A)

think I'll go put a box of Tic Tacs in the bed of my truck and taunt patrol cops with my tailgate down....

[dennisonk1957]

I am with Paul, laws are there for a reason. probable cause will get you pulled over to make sure everything is okay with the operator. thanks to law enforcement for taking those jobs. To protect and to serve...grateful for law enforcement. As far as fees...the law seems antiquated for our antiques, but some use As for commercial purposes and should be responsible...the rest carrying the teddy bears or leaves to the dump shouldn't have to...

[CarlG]

Originally Posted by ursus

Gotta love that Kalifornia DMV! Some years ago they launched an effort to crack down on Oregon residents with jobs over the border in the Peoples Republik of Kalifornia. Parking lots of lumber mills and agricultural businesses in border areas were investigated by Highway Patrol officers and folks with Oregon licenses were cited for failure to register with the Kalifornia DMV and pay "use taxes" for the privilege of driving in Kalifornia. Anything for more money to feed Kalifornias burgeoning bureaucracy.

When I was in college in Arizona, and my folks lived in New Mexico, I had to have both AZ & NM tags on my car so that I could work (and drive) in AZ while I was in school and NM so I could work in NM during the summers and one semester I took off.

[Chris Haynes]

Originally Posted by PaulShinn

The problem is, if you don't register it as a commercial vehicle, then you cannot have so much as a leaf in the back of the truck. It's a racket.

You had better read the Ca Vehicle Code. Pre 1938 vehicles are exempt from Commercial Plates. No restrictions. I have had non commercial playes on my AA since 1970. I have carried many huge loads on it. Gone through the Commercial Vehicle Scales and been inspected. No problem. Of course I always get pulled in for inspection 'cause they want to see it.

[Chris Haynes]

Here it is in black and white from the CA Vehicle Code. Page 275.
You do not need to pay weight fees. But if for some unknown reason you want to pay the fees the DMV will be happy to take your money. Weight fees give you a commercial plate. If no fees are paid you have no commercial plate. No mention is made saying that you can or can not haul anything in a pre 1937 vehicle without paying weight fees.


SoSo