Dirt Legal

View Original

What Happens When the California DMV Loses Your Digital Record?

Sure, LA looks awesome from this angle.

So, here’s one for the unthinkable: what if the DMV lost all records of your title? Your vehicle no longer exists in the eyes of the law. What in the world are you supposed to do about that? Well, it’s probably not as bad as it seems, but you still need to know a little about it. 

This is a real thing in California. If they have not registered the vehicle in four years, California no longer maintains any digital record of the vehicle. Somehow, the onus remains on you to update the digital record with your paper record in the Golden State. 

What if there were another option? Is there another option? Let’s find out. 

How Can the DMV Lose a Digital Record?

Okay, first, let’s qualify this a little bit. Why would a car not be registered for four years or more? Wouldn’t you need it to be registered if you're driving it?

Of course you would. 

But we don’t always have running vehicles. You know how it goes. You’re driving along in the Nissan Juke, and the transmission goes out, along with your exhaust system; it might sit for a little while. One month turns into a year, a year into five, and it’s still sitting. 

Well, so the DMV doesn’t exactly lose it; they expunge it. If you haven’t registered your vehicle in four years, it’s gone. 

Why does California do this? It probably has to do with the number of vehicles in the state. According to the California Department of Energy, they register almost 30 million vehicles in California. 

As much as I hate to ever give Cali credit for anything, it makes sense that they would bump as many cars out of their database as possible. Thirty million makes for an awfully long ledger. 

Will It Still Be Your Fault?

In a word: yes. It is all your fault if you allow your car to lapse for four years or longer. At least in the eyes of the state, and that’s all that matters. 

Of course, we understand there is much more nuance than that. 

California states you must register your car with a passing smog check. The state of California says you can only sell a vehicle in-state with a passing smog check. 

If the car is worth $2,500 and needs $1,500 worth of repairs to pass a smog check or inspection, it is not worth having the repair done at all. 

This is even more true for major repairs like an engine swap or a front-wheel drive transaxle swap, which can routinely run three grand or more. Why would you do that if the van isn’t worth more than the repair? A fresh transmission or comparable repair doesn’t increase the vehicle's value. So the most economical thing is to part it out or crush it. But often, it just sits. Sad but true.

Who Formally Owns the Vehicle Then?

Well, as long as you have the paper title, you own it. And what if you have lost the title? The Cali DMV has a contingency for this process, although it seems cumbersome. 

You (or whoever was legally on the title; if it’s not you, you do not have the right to claim it) are the rightful owner, but that still doesn’t mean you can just register it. All other rules still apply. If you flunked a smog check, you are still SOL.

Can I Just Go Through Another State to Replace It?

Well, this is an interesting development.

Image by Falkenpost from Pixabay

Think about it logically: ‌while you do, in fact, have a paper title, the state has no digital record of your vehicle at this point in time. You are the only person with any record of that vehicle in existence, and if you have lost the title along the way, there may be no record at all.

This is as good of a time as any to think about titling your car in another state. Because here’s the deal: before you can even register your car in the first place, you’ll have to get it up to snuff to pass California emissions laws. 

Look, getting a car that’s been sitting for four years or more up to passing emissions, especially if you parked it because it failed, will not be easy or cheap. It could cost a chunk of the car's total value to bring it back to passing, and there are no certainties that it will pass a year from now.  

Tell Me More About The Green Mountain State

Gotta admit: Vermont doesn’t look like a bad place to live. Image by Jack Bulmer from Pixabay

Vermont is the most favorable state to title your car if it has gone without registration for a while or you still need a title. Now, we are not talking about title washing; that is illegal, you will get caught, and we will not feel the least bit sympathetic. We have warned you.

Now, back to Vermont. 

Vermont gives no Fs about who registers cars, trucks, or motorcycles in their state. None. Don’t believe me? Click the link. 

You can tag your car from anywhere in Vermont; they like the business and aren’t all that picky, which is why our titling service goes through Vermont. But instead of you having to figure out the process of dealing with the unfamiliar Vermont DMV, we will do all the heavy lifting for you

Will I Get In Trouble?

We are not lawyers; we are enthusiasts who enjoy driving toys. But we also practice a certain level of common sense. 

Look, if your car is no longer in the digital database of the California DMV, then it doesn’t really exist as a registered vehicle in the eyes of the state. Especially once you have re-titled it in another state. The paperwork from Vermont is all 100% valid, and Vermont allows nonresidents to register cars there, so there’s no problem on Vermont’s end. At that point, the factor becomes residency – are you a permanent resident of California? If so, California might compel you to transfer the Vermont registration within a certain amount of time. Just something to be aware of.

If you still hold the paper title, registering your vehicle with a Montana LLC means the car belongs to the LLC in Montana, not you, even though you own the LLC. It is an important distinction that allows you to drive the car in other states without worrying about moving the title or plates.

How Dirt Legal Can Get You Legal

Dirt Legal is your one-stop shop for your complex vehicle title, registration questions, and needs. Whether you need a title or are looking to register your car, truck, RV, motorcycle, or pretty much anything else with wheels in a less restrictive state, Dirt Legal can help. 

We take the guesswork out of the process so you can get back to doing other things. What other things? Whatever you want. But ‌we are here to get your unregistered California car off of blocks and on the road without all the hassles of going through the Cali DMV. 

Also, if you are interested in registering your dirt bike, you likely know all about the new CARB red sticker rules – and we can help with those, too!

See this content in the original post