Article 7. Penalties of California Health And Safety Code >> Division 13. >> Part 2. >> Chapter 8. >> Article 7.
Except as it may affect a security interest properly
perfected other than pursuant to Section 9313 of the Commercial Code,
the department may suspend, revoke, or cancel any certificate of
title valid on its face for any violation of the provisions of this
chapter relating to certificates of title. The department shall
notify all persons or entities with perfected security interests at
the time that such an action is taken.
It is unlawful for any person to fail or neglect properly
to endorse, date, and deliver the certificate of title and, when
having possession, to fail to deliver the registration card to a
transferee who is lawfully entitled to a transfer of registration.
Except when the certificate of title is demanded in writing by a
purchaser, a manufactured home, mobilehome, or commercial coach
dealer licensed, as provided by this part, shall satisfy the delivery
requirement of this section by submitting appropriate documents and
fees to the department for transfer of registration in accordance
with this part and rules and regulations promulgated thereunder.
(a) The department shall withhold the registration or the
transfer of registration of any manufactured home, mobilehome,
commercial coach, or truck camper sold at retail to any applicant by
any person, other than a manufactured home, mobilehome, commercial
coach, or truck camper manufacturer or dealer holding a license and
certificate issued as provided for by this part, until the applicant
pays to the department the use tax measured by the sales price of the
manufactured home, mobilehome, commercial coach, or truck camper as
required by the Sales and Use Tax Law (Part 1 (commencing with
Section 6001) of Division 2 of the Revenue and Taxation Code),
together with penalty, if any, unless the State Board of Equalization
finds that no use tax is due. If the applicant so desires, he or she
may pay the use tax and penalty, if any, to the department so as to
secure immediate action upon his or her application for registration
or transfer of registration, and thereafter he or she may apply
through the department to the State Board of Equalization under the
provisions of the Sales and Use Tax Law for a refund of the amount so
(b) The department shall transmit to the State Board of
Equalization all collections of use tax and penalty made under this
section. This transmittal shall be made at least monthly, accompanied
by a schedule, in the form the department and board may prescribe.
(c) The State Board of Equalization shall reimburse the department
for its costs incurred in carrying out the provisions of this
section. The reimbursement shall be effected under agreement between
the agencies, approved by the Department of Finance.
(d) In computing any use tax or penalty thereon under the
provisions of this section, a fraction of a dollar shall be
disregarded, unless it exceeds fifty cents ($0.50), in which case it
shall be treated as the next higher full dollar. Computation of any
penalty shall be made from the tax after the same has been computed
as provided in this section. Any tax or penalty in the amount of one
dollar ($1) or less shall be one dollar ($1). Payment of tax and
penalty on this basis shall be deemed full compliance with the
requirements of the Sales and Use Tax Law insofar as the requirements
are applicable to the use of manufactured homes, mobilehomes,
commercial coaches, or truck campers to which this section relates.
(a) A dealer who violates paragraph (1), (2), or (3) of
subdivision (b) of Section 18080.5 shall pay to the department an
administrative service fee of five dollars ($5) for each violation.
(b) A dealer who violates paragraph (4) of subdivision (b) of
Section 18080.5, when selling, leasing, or renting a manufactured
home, mobilehome, or commercial coach, shall pay to the department an
administrative service fee as follows:
(1) If the application is submitted after 10 calendar days but
within 20 calendar days from the date of sale, lease, or rental; ten
(2) If the application is submitted after 20 calendar days but
within 30 calendar days from the date of sale, lease, or rental;
twenty dollars ($20).
(3) If the application is submitted after 30 calendar days but
within 60 calendar days from the date of sale, lease, or rental;
forty dollars ($40).
(4) If the application is submitted after 60 calendar days from
the date of sale, lease, or rental; two hundred dollars ($200).
(c) Each violation of subdivision (b) of Section 18080.5 shall be,
in addition to the obligation to pay the administrative service fee,
a separate cause for discipline pursuant to Section 18058.
(d) Nonpayment of an administrative service fee within 10 days
after written demand from the department shall be a separate cause
for discipline pursuant to Section 18058.
The department, the Department of the California Highway
Patrol, or any regularly employed and salaried police officer or
deputy sheriff, or any reserve police officer or reserve deputy
sheriff, may take possession of any certificate, card, permit,
transportation decal, or registration decal issued under this part
which has expired, been revoked, canceled, or suspended; which is
fictitious, or which has been unlawfully or erroneously issued or
This section shall not be applicable to any insignia issued
pursuant to Section 18026 or to any manufactured home or mobilehome
label issued pursuant to the National Manufactured Housing
Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. 5401 et
Any document or decal seized shall be expeditiously delivered to
the department with a brief written explanation of the circumstances.
Every person who, with intent to defraud, alters, forges,
counterfeits, or falsifies any certificate of title, registration
card, certificate, registration decal, or permit provided for by this
part or any comparable certificate of title, registration card,
certificate, decal, insignia, or label, with intent to represent it
as issued by the department or who alters, forges, counterfeits, or
falsifies with fraudulent intent any endorsement of transfer on a
certificate of title, or who with fraudulent intent displays or
causes or permits to be displayed or has in his or her possession any
blank, incomplete, canceled, suspended, revoked, altered, forged,
counterfeit, or false certificate of title, registration card,
certificate, registration decal, or permit or who utters, publishes,
passes, or attempts to pass, as true and genuine, any of the
above-named false, altered, forged, or counterfeited matters knowing
it to be false, altered, forged, or counterfeited with intent to
prejudice, damage, or defraud any person, or who, with fraudulent
intent, provides false information regarding an allegedly lost,
stolen, damaged, or otherwise unavailable certificate of ownership,
certificate of title, registration card, or statement of lien, is
guilty of a felony and upon conviction thereof shall be punished by
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal
Code, or in a county jail for not more than one year.