Registration Question Tags expired but parked in driveway

[Slowmofo]

I left my bike parked in the driveway with the cover over it, the next morning I came out it and the cover was half way pulled over and with a ticket on it. Is this right? I get a ticket for expired tags on it but it was not in use or on the street just on my driveway because we had shit load of funiture in the garage and had to move my bike out.

[Junkie]

what the hell, that seems really strange to me if it was in the driveway (meaning on your side of the sidewalk).

[johnparjr]

what does the ticket say what VC is cited your too vague

[Slowmofo]

CVC 4000(a) and i have a driveway were two cars can park in front of the garage there is no sidewalk in front of the house.

[Slowmofo]

The ticket is a fix-it-ticket which I can 10 bucks but just pisses me off I gotta go through the trouble going to the police station and getting it signed then I gotta give 10 bucks for something that is so stupid.

[johnparjr]

Here is off the DMV website if your driveway is private property I think the cite is wrong.

Registration Required

4000. (1) No person shall drive, move, or leave standing upon a highway, or in an offstreet public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid under this code or registered under the permanent trailer identification program, except that an off-highway motor vehicle which displays an identification plate or device issued by the department pursuant to Section 38010 may be driven, moved, or left standing in an offstreet public parking facility without being registered or paying registration fees.
(2) For purposes of this subdivision, "offstreet public parking facility" means either of the following:

(A) Any publicly owned parking facility.

(B) Any privately owned parking facility for which no fee for the privilege to park is charged and which is held open for the common public use of retail customers.

(3) This subdivision does not apply to any motor vehicle stored in a privately owned offstreet parking facility by, or with the express permission of, the owner of the privately owned offstreet parking facility.

(b) No person shall drive, move, or leave standing upon a highway any motor vehicle, as defined in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code, which has been registered in violation of Part 5 (commencing with Section 43000) of that Division 26.

(c) Subdivisions (a) and (b) do not apply to off-highway motor vehicles operated pursuant to Sections 38025 and 38026.5.

(d) This section does not apply, following payment of fees due for registration, during the time that registration and transfer is being withheld by the department pending the investigation of any use tax due under the Revenue and Taxation Code.

(e) Subdivision (a) does not apply to a vehicle that is towed by a tow truck on the order of a sheriff, marshal, or other official acting pursuant to a court order or on the order of a peace officer acting pursuant to this code.

(f) Subdivision (a) applies to a vehicle that is towed from a highway or offstreet parking facility under the direction of a highway service organization when that organization is providing emergency roadside assistance to that vehicle. However, the operator of a tow truck providing that assistance to that vehicle is not responsible for the violation of subdivision (a) with respect to that vehicle. The owner of an unregistered vehicle that is disabled and located on private property, shall obtain a permit from the department pursuant to Section 4003 prior to having the vehicle towed on the highway.

(g) For purposes of this section, possession of a California driver's license by the registered owner of a vehicle shall give rise to a rebuttable presumption that the owner is a resident of California.

[DarkNinja75]

Here is off the DMV website if your driveway is private property I think the cite is wrong.

+1

States mostly about public parking. I don't much consider my driveway to be public.

[JPM]

If it was in your private driveway, then it can't be cited for the vehicle code (Your city or county may have a code that covers it). But make sure you pay the non-op fee or if you ever try to register it again you will get hit with all the late and back-fees which can get expensive.

[Junkie]

yeah, I certainly wouldn't expect a driveway to qualify as a public parking facility.

[Stranger]

?? so a leo trespassed on your property and moved your stuff to give you a ticket?!!!
You must have really pissed off your cop neighbor...

[motorman4life]

If it was in the driveway and not on the street or partially on the sidewalk (or overhanging onto the sidewalk), then I would take the ticket into the PD and ask for a watch commander. See if you can get them to VOID the ticket without you filing a complaint.

Yoiu should pobably NON-OP the vehicle ASAP also, to avoid fines and back fees. They can really rack up and you should be able to do a backdated non-op now. Once the fines get up there, it gets harder to get DMV to let go of the $$$.

[}Dragon{]

?? so a leo trespassed on your property and moved your stuff to give you a ticket?!!!
You must have really pissed off your cop neighbor...

Trespassed? :laughing

[Slowmofo]

Bike is paid and registered just never went down to the DMV to get the tag. I'm just going to pay it but wanted to hear from you guys on what your thought was. Thanks

[motorman4life]

Bike is paid and registered just never went down to the DMV to get the tag. I'm just going to pay it but wanted to hear from you guys on what your thought was. Thanks

So, the proper cite would be 5204 CVC for display of tabs. Again, that would not be something that should be cited if it is 100% on private property. My advice still applies. Take it in and talk to the watch commander. Excplain your situation and ask for it to be voided, if it was in the driveway and never on the street/sidewalk to begin with.

[Slowmofo]

There is one cop that I think of and its white female husky kind of chick very rude and give you lip when you ask a question or the cold eye like she gives a damn. South city cops around my area suck,.

[motorman4life]

While you're getting it voided, file a complaint. There's absolutely no reason that parking enforcement or a cop should be going onto your private driveway AND removing the cover from your vehicle.

:rolleyes Again, bad info.

Refer to: http://www.bayarearidersforum.com/forums/showthread.php?t=224569&highlight=cover
and, more specifically, 5201(f)(1) CVC
:
http://www.dmv.ca.gov/pubs/vctop/d03/vc5201.htm

(f) No covering may be used on license plates except as follows:
(1) The installation of a cover over a lawfully parked vehicle to protect it from the weather and the elements does not constitute a violation of this subdivision. Any peace officer or other regularly salaried employee of a public agency designated to enforce laws, including local ordinances, relating to the parking of vehicles may temporarily remove so much of the cover as is necessary to inspect any license plate, tab, or indicia of registration on a vehicle.

Do not pass go, do not collect $200. :twofinger

[T-1 Thunder]

Public private - don't matter. I had a car towed from an apartment complex for overdue tags. Cops cruised through for whatever reason, ticketed it. I never checked on it for like 2 months and noticed one day it was gone. Oh well.

If you park expired vehicles on your property, do it ass to the wall so no cop can see your tags.

[Junkie]

:rolleyes Again, bad info.

Refer to: http://www.bayarearidersforum.com/forums/showthread.php?t=224569&highlight=cover
and, more specifically, 5201(f)(1) CVC
:
http://www.dmv.ca.gov/pubs/vctop/d03/vc5201.htm

(f) No covering may be used on license plates except as follows:
(1) The installation of a cover over a lawfully parked vehicle to protect it from the weather and the elements does not constitute a violation of this subdivision. Any peace officer or other regularly salaried employee of a public agency designated to enforce laws, including local ordinances, relating to the parking of vehicles may temporarily remove so much of the cover as is necessary to inspect any license plate, tab, or indicia of registration on a vehicle.

Do not pass go, do not collect $200. :twofingercorrect, but if it was on private property was there any reason to inspect said plate?

[dogcatfud]

Public private - don't matter. I had a car towed from an apartment complex for overdue tags. Cops cruised through for whatever reason, ticketed it. I never checked on it for like 2 months and noticed one day it was gone. Oh well.

If you park expired vehicles on your property, do it ass to the wall so no cop can see your tags.
Someone abandoned an old Miata in the parking lot of my condo complex. The tags expired months ago. The HOA sucks and apparently has no interest tracking down the owner or removing it.

So I left a message with the vehicle abatement team of the Fremont PD. The next day a lady calls me back and tells me they can't tow the car since it's on private property. The car is still there... :|

YMMV?

[motorman4life]

Public private - don't matter. I had a car towed from an apartment complex for overdue tags. Cops cruised through for whatever reason, ticketed it. I never checked on it for like 2 months and noticed one day it was gone. Oh well.

If you park expired vehicles on your property, do it ass to the wall so no cop can see your tags.Each city and county has different ordinances and policies for vehicle abatement. You should look up the policies in your area. Apartment complexes usually manage their spaces as best they can. If they are doing their jobs, they try to keep visitor spaces from being monopolized and keep broken-down or abandoned vehicles from deteriorating in the assigned spaces. Often they have policies that allow for police action, upon the request of management, if the local ordinances allow it. Same for condo complexes. In many areas, the condo complexes have their own set of CC&Rs that allow for towing and/or fines on owners that leave expired or partially dismantled vehicles in the common area or carport spaces open to view. You would need to contact the Assn. to see what actions are avaialble.

correct, but if it was on private property was there any reason to inspect said plate?

How do you think we find stolen cars and motorcycles? Do you think they all get driven around?

[kawikz]

MC in open driveway, no locked gate to driveway, no expectation of privacy. Should of put it in your garage (if you had one). 0.02

[bertocci]

:rolleyes Again, bad info.

Refer to: http://www.bayarearidersforum.com/forums/showthread.php?t=224569&highlight=cover
and, more specifically, 5201(f)(1) CVC
:
http://www.dmv.ca.gov/pubs/vctop/d03/vc5201.htm

(f) No covering may be used on license plates except as follows:
(1) The installation of a cover over a lawfully parked vehicle to protect it from the weather and the elements does not constitute a violation of this subdivision. Any peace officer or other regularly salaried employee of a public agency designated to enforce laws, including local ordinances, relating to the parking of vehicles may temporarily remove so much of the cover as is necessary to inspect any license plate, tab, or indicia of registration on a vehicle.

Do not pass go, do not collect $200. :twofinger

First off, I still don't see how that applies to private property. Second, you could still file a complain that it wasn't temporarily removed as they did not put the cover back on. :laughing


How do you think we find stolen cars and motorcycles? Do you think they all get driven around?

MC in open driveway, no locked gate to driveway, no expectation of privacy. Should of put it in your garage (if you had one). 0.02

You should have an expectation of physical privacy unless there is probable cause. Sure, they could look from the street, but how could a covered motorcycle give them probable cause for further investigation?

[}Dragon{]

First off, I still don't see how that applies to private property. Second, you could still file a complain that it wasn't temporarily removed as they did not put the cover back on. :laughing



What he is saying is that, depending upon local city/county ordinance laws, the Officer (or employee of the city) may have the right to check if you have current registration.

If the city has a law on their books to abate abandoned/unregistered vehicles on private property, they may remove the cover.

So lets say "River City" has a local ordinance that prohibits unregistered vehicles on your front lawn. You have three El Caminos on blocks in your front yard. One has a cover. The LEO or Parking Enforcement (or Code Enforcement) has the right to temporarily remove the cover and inspect the license plates, tabs and VIN.

Is it a violation of 4000a CVC? No, but it is a violation of the city ordinance. You win three tickets.:)

[bertocci]

What he is saying is that, depending upon local city/county ordinance laws, the Officer (or employee of the city) may have the right to check if you have current registration.

If the city has a law on their books to abate abandoned/unregistered vehicles on private property, they may remove the cover.

So lets say "River City" has a local ordinance that prohibits unregistered vehicles on your front lawn. You have three El Caminos on blocks in your front yard. One has a cover. The LEO or Parking Enforcement (or Code Enforcement) has the right to temporarily remove the cover and inspect the license plates, tabs and VIN.

Is it a violation of 4000a CVC? No, but it is a violation of the city ordinance. You win three tickets.:)

Yeah, I understand that they may have abandonment ordinances, but what I don't accept is that there could be any justification for going onto private property and removing a cover from a vehicle.

[nedro]

Just get his info and get up in his private shit! See how he likes it. Fucking self entitling thugs.

[RolnCode3]

Just get his info and get up in his private shit! See how he likes it. Fucking self entitling thugs.
Yeah, that's a good way to avoid further unwanted attention.

BTW - who issued the citation? Was it a code enforcement unit or a police agency?

The SSF PD website has limited info on removal of vehicles from private property. (assuming that's where this occurred-based solely on your profile)
http://www.ssf.net/news/displaynews.asp?NewsID=1489

The traffic unit website:
http://www.ssf.net/depts/police/traffic.asp

Copy paste from their Municipal Code (which can be found here http://qcode.us/codes/southsanfrancisco/view.php ):
8.48.010 Findings—Nuisance declared.

In addition to and in accordance with the determination made and the authority granted by the state of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council makes the following findings and declarations:

The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property including highways, is found to create a condition tending to reduce the value of private property, to promote blight and constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects, and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts hereof, on private or public property including highways, except as expressly permitted in this chapter, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. 1125 § 1, 1993: Ord. 783 § 1(part), 1979)

8.48.050 Administration and enforcement.

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the locally designated officer. In the enforcement of this chapter, such officer and his deputies may enter upon a highway or private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. (Ord. 1125 § 2, 1993: Ord. 783 § 4, 1979)

My words again:
It's confusing trying to sort through an outside jurisdiction's ordinances. So far, it looks like they have the authority to inspect and abate vehicles on private property, if certain conditions are met. Still trying to sort out if they have the authority to issue citations as well.

I thought I read that you were moving items around and the M/C got brought out of the garage. If so, the property nuisance ordinance might have come into play. Still sounds like your best bet is to go in and ask to talk to someone; Since you'll probably get your ass beat or arrested if you try to "get up in his private shit! See how he likes it."

Here's the "property nuisance" ordinance for SSF.
http://qcode.us/codes/southsanfrancisco/view.php?topic=8-8_54-8_54_070&frames=on

[nedro]

If it was in the driveway and not on the street or partially on the sidewalk (or overhanging onto the sidewalk), then I would take the ticket into the PD and ask for a watch commander. See if you can get them to VOID the ticket without you filing a complaint.

Yoiu should pobably NON-OP the vehicle ASAP also, to avoid fines and back fees. They can really rack up and you should be able to do a backdated non-op now. Once the fines get up there, it gets harder to get DMV to let go of the $$$.

Or you could try to remember where the friggin property line is. What's wrong ***man4life, you don't like it when the tables are turned???

[motorman4life]

Or you could try to remember where the friggin property line is. What's wrong ***man4life, you don't like it when the tables are turned???

Your ignorance amazes me. You obviously have no fucking clue who you are talking to. No doubt you have stereotyped me as a ham-handed stormtrooper. That's fine. You are even easier to figure out based upon your bush-league baiting.

I don't think you will find a greater supporter of the Constitution in blue.

That said, this is not the street corner. This is a privately owned forum.

Watch your step. This is not the Kitchen Sink.
The LEO forum is not the place to slam cops.
Feel free to do that in the General forum.

The LEOs that come here to offer insight and advice are not here to be your personal punching bag. They are here to try to help people avoid problems and get justice or at least reduce the severity of consequences. Treat them nicely or you will lose access to a valuable asset.

[FrigginChi]

If there is such thing as verbal pepper spray, that was it.

Your ignorance amazes me. You obviously have no fucking clue who you are talking to. No doubt you have stereotyped me as a ham-handed stormtrooper. That's fine. You are even easier to figure out based upon your bush-league baiting.

I don't think you will find a greater supporter of the Constitution in blue.

That said, this is not the street corner. This is a privately owned forum.

Watch your step. This is not the Kitchen Sink.
The LEO forum is not the place to slam cops.
Feel free to do that in the General forum.

The LEOs that come here to offer insight and advice are not here to be your personal punching bag. They are here to try to help people avoid problems and get justice or at least reduce the severity of consequences. Treat them nicely or you will lose access to a valuable asset.

[nedro]

Your ignorance amazes me. You obviously have no fucking clue who you are talking to. No doubt you have stereotyped me as a ham-handed stormtrooper. That's fine. You are even easier to figure out based upon your bush-league baiting.

I don't think you will find a greater supporter of the Constitution in blue.

That said, this is not the street corner. This is a privately owned forum.

Watch your step. This is not the Kitchen Sink.
The LEO forum is not the place to slam cops.
Feel free to do that in the General forum.

The LEOs that come here to offer insight and advice are not here to be your personal punching bag. They are here to try to help people avoid problems and get justice or at least reduce the severity of consequences. Treat them nicely or you will lose access to a valuable asset.
Naw, your chip is huge. All I was doing was to responding to your post and your privot comment to me. So who is stereotyping now, you dumb ass?

[You must be mixing up your multiple dupe accounts. I have not sent a PM to you, Nedro. Please review the TOS. Personal attacks and namecalling are prohibited. Multiple accounts are also prohibited. I'm sure "read only" for one day on this account won't even phase you. -MM4L]

[Razel]

Enjoy the vacation... http://www.k-bikes.com/forums/images/smilies/kboom.gif

[RolnCode3]

Where's the crash-and-burn smilie when you need it?:shocker

[Enchanter]

So lets say "River City"....

THAT is frickin' funny. Those videos though...they were frickin' painful. Like Reno 911 without the humor.

[Razel]

Where's the crash-and-burn smilie when you need it?:shocker

Had to go find it...then edit the post. :teeth

[NoGall]

...

This thread is being discussed by the moderators.

I would like to remind everybody that the LEOs in this forum volunteered their time to answer your questions. You come here for their opinions. You may disagree with their opinions, but please do so in a respectful manner.

[Ramsay]

my vote is to just axe the guys account, if he has nothing better to do than flame L.E.O.'s when they are spending their time trying to help civillians I don't see how he would have anything constructive to say about much of anything. BARF is supposed to ENHANCE the Moto community is it not?

[afm199]

FWIW, in Oakland the PD has a separate unit to ticket vehicles on private property and the law is basically this: Two weeks parked on private property (unless in a closed garage) and the vehicle is considered abandoned. Does not matter if it runs and is registered. This keeps people from leaving broken down cars in the back yard or driveway for months.

There is NO issue in Oakland, the PD will climb over a fence to ticket a car and then the owner has two weeks to do something. Then the tow truck comes. If they can not get past the gate, the city liens the property :laughing.

And yes I have called in a few cars in back yards with daisies growing out of the hood.

[JPM]

I miss the old Mojo; I don't think my negative rep can make his go any lower!

[Slowmofo]

Well not to get myself in any trouble I got the answer I was looking for and I got my cititaion payed for now I wait if I hear anything back which I doubt it but 10 dollars is all I had to pay. Not worth to go fight in court since I do have a 9-5 job.

[magyarbetyar]

FWIW, in Oakland the PD has a separate unit to ticket vehicles on private property and the law is basically this: Two weeks parked on private property (unless in a closed garage) and the vehicle is considered abandoned. Does not matter if it runs and is registered. This keeps people from leaving broken down cars in the back yard or driveway for months.

There is NO issue in Oakland, the PD will climb over a fence to ticket a car and then the owner has two weeks to do something. Then the tow truck comes. If they can not get past the gate, the city liens the property :laughing.

And yes I have called in a few cars in back yards with daisies growing out of the hood.


The difference is that OPD is citing for city ordanance codes. There is no CVC to cover that. Also the primary reason OPD started that was to keep the cars on blocks in the front yard to a minimum.