Temporary movement of used car

[elnet]

What is the name of your state (only U.S. law)? CA

Hello,

I bought a used car and went to the DMV to get it registered, as it had no license plates (lien sale). The guy that I bought it from has a business license, but is not currently in the business of selling cars. Paid the fees at DMV and the clerk asked when I was getting it smogged. I said immediately, she gave me an "incomplete" registration card. So I went off to get it smogged. But the test failed. It passed emissions, but I changed the battery and it reset the OBD computer, according to the smog guy, I just have to drive it around to get some data in the computer. So, I went back to the DMV and asked the lady for a temporary permit as there were no license plates on the car. She said that I didn't need a temporary permit because the registration was still valid until Jan 18, 2012. I got pulled over by a local cop, because there was no temporary permit on the window, and explained the story, she were satisfied, but said that I would probably get pulled over again until this was resolved.

Was the lady at the DMV wrong to not issue a temporary movement permit? I mean that when I left the DMV, I wasn't very happy with her explanation. I am grateful that the cop accepted my story, I am worried that the next one won't. The smog guy says that they don't know how long it might take until enough data is on the car's computer before it will show "pass"

 

[sandyclaus]

No plates on the car means that the issuing officer has NO IDEA whether or not the registration is current on the vehicle. That's why having plates on the car is kind of important, especially because our rear plate usually has the registration stickers on it.

I'm sure that if you had disclosed to the nice lady at DMV that there were no plates on the car (and consequently, no visible registration tags), she would have given you a temporary moving permit.

Geez, you seriously can't expect the DMV rep to be a mind reader, nor hold her responsible for your own failure to disclose to her information that would be pertinent to this situation.

 

[justalayman]

according to this statute, you must provide proof the vehicle failed the smog cert:

Temporary Permit

4156. (a) Notwithstanding any other provision of this code, and except as provided in subdivision (b), the department in its discretion may issue a temporary permit to operate a vehicle when a payment of fees has been accepted in an amount to be determined by, and paid to the department, by the owner or other person in lawful possession of the vehicle. The permit shall be subject to the terms and conditions, and shall be valid for the period of time, that the department shall deem appropriate under the circumstances.

(b) (1) The department shall not issue a temporary permit pursuant to subdivision (a) to operate a vehicle for which a certificate of compliance is required pursuant to Section 4000.3, and for which that certificate of compliance has not been issued, unless the department is presented with sufficient evidence, as determined by the department, that the vehicle has failed its most recent smog check inspection.

(2) Not more than one temporary permit may be issued pursuant to this subdivision to a vehicle owner in a two-year period.

(3) A temporary permit issued pursuant to paragraph (1) is valid for either 60 days after the expiration of the registration of the vehicle or 60 days after the date that vehicle is removed from nonoperation, whichever is applicable at the time that the temporary permit is issued.

(4) A temporary permit issued pursuant to paragraph (1) is subject to Section 9257.5.

Amended Sec. 1, Ch. 451, Stats. 2008. Effective January 1, 2009.
Amended Sec.179, Ch. 140, Stats. 2009. Effective January 1, 2010.

so, did you have proof with you or simply tell them it failed?

 

[Cali408nia]

Do you have a copy of your smog paperwork where it says you failed? Because I think your smog guy is giving you an incomplete explanation or you don't fully understand.

If it passed emissions, then it failed visual. Changing the battery does reset the computer, but it shouldn't need time to gather data in order to pass. If it's a problem with the computer it's most likely that there's an error stored in it and driving it more won't cause the issue to go away and allow you to pass smog. If you have the paperwork it should indicate where your fail was. Hopefully you can get it to pass soon so you can avoid this problem.

 

[davew128]

If it's a problem with the computer it's most likely that there's an error stored in it and driving it more won't cause the issue to go away and allow you to pass smog.

Umm, no. The computer codes were cleared by the smog guy with his scanner tool. If there was a problem before and not remedied, then OP will have the code/problem still.

As you said it either failed visual (go somewhere else OP) or there is a check engine light coming on and whatever the problem is needs to be addressed (and you can't avoid this with another smog shop).

 

[justalayman]

sorry guys but replacing the battery or using a scan tool to reset the codes will result in a failed test until the car is driven enough to re-learn and register a code, if the problem is still there. Due to that, the nice folks as California smog will shoot down a vehicle that has had the codes reset recently.

 

[sandyclaus]

No plates on the car means that the issuing officer has NO IDEA whether or not the registration is current on the vehicle. That's why having plates on the car is kind of important, especially because our rear plate usually has the registration stickers on it.

I'm sure that if you had disclosed to the nice lady at DMV that there were no plates on the car (and consequently, no visible registration tags), she would have given you a temporary moving permit.

Geez, you seriously can't expect the DMV rep to be a mind reader, nor hold her responsible for your own failure to disclose to her information that would be pertinent to this situation.

I say again, if OP had advised the nice lady at DMV that there were no plates on the vehicle, and therefore no visible signs of registration, then she would have very likely issued the temporary moving permit.

What happened to the old plates with the sticker that showed an allegedly valid registration until Jan 18, 2012?

 

[CdwJava]

No plates and no temporary registration will likely result in many police contacts.

You may want to go back into the DMV and ask about that temporary registration again.

 

[Cali408nia]

sorry guys but replacing the battery or using a scan tool to reset the codes will result in a failed test until the car is driven enough to re-learn and register a code, if the problem is still there. Due to that, the nice folks as California smog will shoot down a vehicle that has had the codes reset recently.

Yes this is the correct answer actually. OBDII vehicles usually have monitors that run and when the computer has been reset the scanner will see that none of those monitors are running which would be a give away. I don't know what I was thinking earlier... I was in OBD1 mode or something. The smog guy is probably right on if the battery was disconnected prior to the test. If there was a problem prior to reset, the computer will reveal it once the monitors run again.

 

[elnet]

Thank you all,

To justalayman, Cali408nia, you are correct, this is what the smog guy said, that I would have to drive it until it showed enough data to pass. The data was erased when I changed the battery that died the previous night. The test paper shows emissions "pass" computer "fail" or something like that. The smog guy says it happens all the time.

To CdwJava, You're the one that I wanted to hear from, yes, that is what I will do, ASAP!

To sandyclaus, Yes, I showed her the failed test, even telling her what the smog guy said, and she didn't agree with what he said. After she pointed to the Jan 18, 2012 on the registration card that she changed to my name and I paid the fees in THE MORNING, but it says "not an operating permit" in black bold letters, this is why I went back to the DMV in the afternoon as the smog tech said that it might take "several weeks" to gather enough data to pass the test!

As for telling her there were no plates on the car, I did, that was the first thing I told her in the morning, and again, in the afternoon, after she pointed out the Jan date on the card.

As for the old plates, I don't know, as the seller apparently buys cars on lien sale from tow companies. I didn't have any problem in REGISTERING the vehicle (incomplete until smogged!).

 

[davew128]

sorry guys but replacing the battery or using a scan tool to reset the codes will result in a failed test until the car is driven enough to re-learn and register a code, if the problem is still there. Due to that, the nice folks as California smog will shoot down a vehicle that has had the codes reset recently.

I agree completely but it doesn't take much for the computer to relearn. At most it should tke 100 miles of driving, although depending on the error, it could pop back up in 5 minutes too.