4000(a)(1) versus 5204(a) VC

[joel_one]

I'm looking for clarification on this answer. If a vehicle is parked on a public roadway and has expired registration and a confirmation on the 28 confirms no RIP. Can you cite 4000(a)(1) VC? Or is it more appropriate to cite 5204(a)?

4000(a)(1), from what I'm reading, sounds like it will fly. Reason I ask, is a friend cited a parked vehicle for 4000(a). The RO happens to be a city motor cop. He claims the correct violation should be 5204.

From what I'm getting, it sounds 5204 would apply if ALL fees are paid, but the RO just hasn't received the tags yet. i.e the 28 confirms current, just no sticker. Would this also apply for let's say, they paid partial registration fees, still need a smog check, and still yet have to pay the remainder and submit the remaining docs before they get the tabs?

Thanks in advance.

[Mary-1]

No fees on deposit is 4000(a)v.c. Fees paid, waiting for reg. tab 5204(a) v.c. Fees paid waiting for smog without a temporary permit is 4000(a) v.c. The transaction is still not completed.

Having said all that, I know officers who just cite 5204(a) v.c. on all three.

[Jeff Rhea]

Then of course there is 22651 (o) V.C. If the is registration is expired more than six months his vehicle is subject to storage.

[1-888-4ACHPJOB]

I'm looking for clarification on this answer. If a vehicle is parked on a public roadway and has expired registration and a confirmation on the 28 confirms no RIP. Can you cite 4000(a)(1) VC? Or is it more appropriate to cite 5204(a)?

4000(a)(1), from what I'm reading, sounds like it will fly. Reason I ask, is a friend cited a parked vehicle for 4000(a). The RO happens to be a city motor cop. He claims the correct violation should be 5204.

From what I'm getting, it sounds 5204 would apply if ALL fees are paid, but the RO just hasn't received the tags yet. i.e the 28 confirms current, just no sticker. Would this also apply for let's say, they paid partial registration fees, still need a smog check, and still yet have to pay the remainder and submit the remaining docs before they get the tabs?

Thanks in advance.

The local PD is wrong. 40225 VC give you the authority to cite either one for a parked vehicle. However, CHP policy (HPM 100.9) or your local Area SOP may say otherwise so read up on that. And are you writing a 267 or a 215? Remember that, with a few exceptions, a 215 requires a signature. Are you going to write an Owner's Responsibility 215 and mail it off? Are you sure you have the current owner on file? <policy discussion deleted - Mac> So in my opinion, it's a lot easier to write a 267 for 5204 VC and stick it on the windshield. But to answer your question, yes technically you can cite a parked vehicle for either violation.

Here's an excerpt from 40225 VC

40225. (b) Whether or not a vehicle is in violation of any regulation governing the standing or parking of a vehicle but is in violation of subdivision (a) of Section 5204, a person authorized to enforce parking laws and regulations shall issue a written notice of parking violation, setting forth the alleged violation. The violation shall be processed pursuant to this section.

(e) Subdivisions (a) and (b) do not preclude the recording of a violation of subdivision (a) or (b) of Section 4000 on a notice of parking violation or the adjudication of that violation under the civil process set forth in this article.



Also, 5204 does not apply "if all fees are paid, but the RO just hasn't received the tags yet." See excerpt from VC below...

5204. (c) Subdivision (a) does not apply when proper application for registration has been made pursuant to Section 4602 and the new indicia of current registration have not been received from the department.

Hope that helps. Stay safe.