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Section 26

Frequently Asked Questions (F.A.Q.)


26.15 Temporary Operating Permit, The 2001 Law

  1. A 30 day Temporary Operating Permit (REG 43) may be issued on a one time basis on an incomplete registration application if:
    1. The registration involves a non-resident vehicle,
    2. When the vehicle must be inspected and assigned a VIN
    3. All the registration fees have been paid, and the motorist is having difficulty obtaining a smog certificate. The motorist must present the DMV:
      1. A Bureau of Automotive Repair inspection appointment card,
      2. Documented proof of need smog parts on order for the owner,
      3. Proof of failed smog inspection results, such as a vehicle inspection record
    4. If a vehicle is impounded after the registration fees have been paid
    5. When a DMV manager or designee determines it is appropriate (Source: Section 25.010 of the June, 2001 Dealer Handbook)
  2. You can obtain a One Trip Permit (REG 43) from any DMV office.

26.15 Temporary Operating Permit, The 2009 Law Changes

  1. Effective January 1, 2009, new legislation restricts the issuance of Temporary Operating Permits (TOP) when a biennial smog certification is required. These restrictions apply to any TOP issued for the purpose of obtaining a biennial smog certification on or after January 1, 2009, regardless of the registration expiration date. The following changes only apply to TOP issuance for biennial smog certification:
    1. Vehicle owner must present the failed smog test report as evidence that the vehicle failed a biennial smog certification when requesting a TOP.
    2. A $50 fee is collected when issuing a TOP for the purpose of obtaining a biennial smog certification.
    3. The TOP may be valid only for 60 days from the expiration date of the registration of the vehicle, or 60 days from the date that the vehicle is removed from Planned Non-Operation (PNO).
    4. Example: A vehicle registration expired or was removed from PNO status on 01/15/2009. The owner presents evidence the vehicle failed smog certification on 02/10/2009. A TOP may be issued and valid until 03/15/2009.
    5. Only one biennial smog TOP per vehicle within a two year period.
    6. TOP Fee Waiver

      The $50 TOP fee can only be waived if the registered owner presents a Consumer Assistance Program (CAP) letter from the Bureau of Automotive Repair (BAR) indicating the owner qualifies for repair assistance as a low-income applicant. Customers cannot be given a refund if the letter is shown after the $50 fee is assessed and a TOP issued. CAP low-income eligibility qualifications are based on guidelines established by the BAR. Qualifying customers must present a CAP low-income approval letter to be eligible for the TOP fee waiver Background

      Unless otherwise exempt, vehicles registered in areas subject to the biennial smog certification program are required to submit evidence of a smog certification every other renewal period. New legislation requires DMV to collect a $50 fee on vehicles that fail the biennial smog certification if the registered owner requests a TOP. After deducting the Department of Motor Vehicle’s administrative costs, the TOP fees collected are deposited into the High Polluter Repair or Removal Account, in the Vehicle Inspection and Repair Fund.



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