forced to drive with out valid reg

[miller408]

What is the name of your state (only U.S. law)? California
so my reg on my company vehicle is about to expire can my company force me to drive with out valid reg? they did this last year as well and i went 3 months with out valid reg but dont want to do that again. could i be fired for refusing to drive? and what could happen to me if i get pulled over with out the reg?

 

[HighwayMan]

Sounds like you don't work for a very reputable employer.

If you get caught driving an unregistered vehicle you can get a ticket. I would think that would be obvious.

Maybe you can leave the car on a public street and call the police and have it impounded.

 

[miller408]

well yea i know i would get a ticket but what kind is it a fix it ticket or does it go to the company or does it go on my record or what? could i get fired for refusing to drive and yes they are a crappy company.

 

[HighwayMan]

You get the ticket and it would be on your record.

Of course they could fire you. They could fire you for anything. It wouldn't be justified, but what could you do? You could turn around and sue them but do you want to go through all that?

 

[CdwJava]

Your employer is technically responsible for the violation. But, since you will get the ticket, there is always the possibility that the ball will get dropped and you might be held responsible for the violation in any event.

Here is one possible legal avenue to approach if your employer tries to make you drive an improperly equipped or registered vehicle:

40001. (a) It is unlawful for the owner, or any other person,
employing or otherwise directing the driver of any vehicle to cause
the operation of the vehicle upon a highway in any manner contrary to
law.
(b) It is unlawful for an owner to request, cause, or permit the
operation of any vehicle that is any of the following:
(1) Not registered or for which any fee has not been paid under
this code.
(2) Not equipped as required in this code.
(3) Not in compliance with the size, weight, or load provisions of
this code.
(4) Not in compliance with the regulations promulgated pursuant to
this code, or with applicable city or county ordinances adopted
pursuant to this code.
(5) Not in compliance with the provisions of Part 5 (commencing
with Section 43000) of Division 26 of the Health and Safety Code and
the rules and regulations of the State Air Resources Board.
(c) Any employer who violates an out-of-service order, that
complies with Section 396.9 of Title 49 of the Code of Federal
Regulations, or who knowingly requires or permits a driver to violate
or fail to comply with that out-of-service order, is guilty of a
misdemeanor.
(d) An employer who is convicted of allowing, permitting,
requiring, or authorizing a driver to operate a commercial motor
vehicle in violation of any statute or regulation pertaining to a
railroad-highway grade crossing is subject to a fine of not more than
ten thousand dollars ($10,000).
(e) Whenever a violation is chargeable to the owner or lessee of a
vehicle pursuant to subdivision (a) or (b), the driver shall not be
arrested or cited for the violation unless the vehicle is registered
in a state or country other than California, or unless the violation
is for an offense that is clearly within the responsibility of the
driver.
(f) Whenever the owner, or lessee, or any other person is
prosecuted for a violation pursuant to this section, the court may,
on the request of the defendant, take appropriate steps to make the
driver of the vehicle, or any other person who directs the loading,
maintenance, or operation of the vehicle, a codefendant. However,
the court may make the driver a codefendant only if the driver is the
owner or lessee of the vehicle, or the driver is an employee or a
contractor of the defendant who requested the court to make the
driver a codefendant. If the codefendant is held solely responsible
and found guilty, the court may dismiss the charge against the
defendant.
(g) In any prosecution under this section, it is a rebuttable
presumption that any person who gives false or erroneous information
in a written certification of actual gross cargo weight has directed,
requested, caused, or permitted the operation of a vehicle in a
manner contrary to law in violation of subdivision (a) or (b), or
both.​

 

[HighwayMan]

Carl,

In this case, can the driver be served a ticket for the quoted statute in the name of the owner, leaving him off the hook?

 

[CdwJava]

Carl,

In this case, can the driver be served a ticket for the quoted statute in the name of the owner, leaving him off the hook?

Yes, he can - and there is a box to this effect required on our citations. However, this is very often ignored or forgotten about.

 

[CraigFL]

How much is the registration fee? If it's reasonable, I might pay the fee and worry about them reimbursing it later. Sometime they are going to have to pay the fee if they want to continue to use it... You do have some control in this situation.

 

[You Are Guilty]

Earlier this year, a large client of mine asked me to represent one of their drivers who was ticketed while driving a company vehicle. Although the problem was no fault of the driver (mechanical breakdown), he was given the violation, and it was returnable in Criminal, not Traffic court.

So in other words, yes, you can be ticketed for something that is not your responsibility.

 

[I_Got_Banned]

4000. (a) (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.​

Theoretically, it is the owner's responsibility to ensure that hte vehicle is registered in a timely manner. However, the CVC specifically states that it is the "DRIVER's" responsibility to ensure that the vehicle is properly registered before driving it.

is it a fix it ticket

It can be written as either a correctable violation, wherein you will only have to pay the administrative fee of $25 to have it dismissed (assuming you can provide the court with proof of correction on or before the due date)... OR, the officer may also choose to issue it as a non-correctable violation if he/she determines that one of the conditions listed in CVC 40610(b) exist (i.e. "persistent neglect" ~ if, say for example the registration expired 2 or 3 months prior to the date of the stop); in which case, the fine would be somewhere in the neigbhorhood of $256.

40610 (b) Pursuant to subdivision (a), a notice to correct violation shall be issued as provided in this section or a notice to appear shall be issued as provided in Section 40522, unless the officer finds any of the following:

(1) Evidence of fraud or persistent neglect.
(2) The violation presents an immediate safety hazard.
(3) The violator does not agree to, or cannot, promptly correct
the violation.​

does it go on my record or what?

If it is issued as correctable and you are unable to get it dismissed by not submitting the correction in a timely manner OR if it is issued as non-correctable, then a conviction would go on your record. However, a violation of CVC 4000(a)(1) carries zero violation points... So the effects of a conviction, if any, are minimal...