This part is applicable only in a county which has adopted a general plan providing for a network of county expressways and has financed the first phase of the construction of such highways from a county highway bond issue totaling at least seventy million dollars ($70,000,000). This part is necessary to provide needed revenue to continue further construction of such an expressway system without increasing the property tax.
Part 5.5LOCAL VEHICLE LICENSE FEES
Section § 11101
This law applies only to counties that have already started building their expressway system using at least $70 million from a county highway bond issue. It aims to generate the funds needed to keep expanding the expressways without raising property taxes.
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Section § 11102
This section defines that whenever the term 'department' is used, it specifically refers to the Department of Motor Vehicles.
As used in this part, “department” means the Department of Motor Vehicles.
Department of Motor Vehicles DMV definition RTC Section 11102 term definition California DMV statutory language interpretation legal terminology state agencies law definitions
Section § 11103
This section allows the board of supervisors in a county to create a local vehicle license fee through an ordinance. Once the fee is established, it can be collected no more than twice unless a majority of voters approve its continuation in an election. The specific question for the voters is whether to keep the fee to fund the county expressway program.
Notwithstanding the provisions of Section 10758 of this code, the board of supervisors of a county may, by ordinance, adopt a vehicle license fee pursuant to this part. After a local vehicle license fee has been levied pursuant to this part, it may not be collected more than twice unless the board of supervisors shall have submitted to the voters at a general or special election and at least a majority of those voting have voted affirmatively on the following question:
“Shall the local vehicle license fee be continued as the means to finance the county expressway program?”
vehicle license fee board of supervisors county expressway program local fee approval voter election county ordinance continued funding expressway financing voter approval local tax measure
Section § 11104
This section states that any local law that sets a vehicle license fee can't apply to years before 1968. Additionally, the law must be passed and a certified copy must be given to the Department of Motor Vehicles at least four months before the start of the year it is meant to take effect.
No vehicle license fee ordinance adopted pursuant to this part shall be effective for any calendar year prior to 1968, nor unless it is adopted and a certified copy thereof delivered to the Department of Motor Vehicles at least four months prior to the first day of January for the calendar year for which it is to be operative.
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Section § 11105
This law allows a county's board of supervisors to repeal a local vehicle license fee ordinance. However, the repeal is only valid for a new calendar year if the board takes action to repeal it at least four months before January 1st of that year.
A vehicle license fee ordinance adopted pursuant to this part may be repealed by action of the board of supervisors of the county. A repeal of any vehicle license fee ordinance adopted pursuant to this part shall not be effective for any calendar year unless the board of supervisors takes action to repeal the ordinance at least four months prior to the first day of January the year for which it is to be repealed.
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Section § 11106
This law outlines the rules for counties in California to establish a vehicle license fee for using public roads. The fee cannot exceed $10 per vehicle each year, and different fees can apply to different vehicle classes, as long as they stay within this limit. Certain vehicles, like those meant for sale by dealers, trailer coaches, or other exempt classes, aren't subject to the fee. Future changes to the state laws concerning vehicle license fees will automatically update the county's fee ordinance if they don't conflict. The county must agree with the DMV to handle the administration of the fee, and the ordinance becomes effective on January 1st following its adoption. Money from these fees, after deducting DMV costs, is used for building county expressways.
The vehicle license fee ordinance adopted under this part shall be imposed for the privilege of operating upon the public highways in the county any vehicle of a type which is subject to registration under the Vehicle Code unless specifically exempt under the terms of the ordinance, and shall include provisions in substance as follows:
(a)CA Revenue and Taxation Code § 11106(a) A provision fixing the annual amount of the license fee which shall be an amount not exceeding ten dollars ($10) for every vehicle of a type subject to registration under the Vehicle Code. The ordinance may provide a different fee for any class of vehicles provided no fee
shall exceed ten dollars ($10) per vehicle.
(b)CA Revenue and Taxation Code § 11106(b) Provisions identical to those contained in Part 5 (commencing with Section 10701) of Division 2 of this code, insofar as they relate to vehicle license fees and are applicable, except that the name of the county as the taxing agency shall be substituted for that of the state, and that the term “vehicle of a type subject to registration under the Vehicle Code” does not include (1) any vehicle in the inventory of vehicles held for sale by a manufacturer, distributor or dealer in the course of his business until such time as the vehicle is sold, (2) any trailer coach, or (3) any class of vehicles specifically made exempt from the vehicle license fees authorized by this part by the terms of the ordinance imposing such fees.
(c)CA Revenue and Taxation Code § 11106(c) A provision that all amendments, subsequent
to the effective date of the county vehicle license fee ordinance, to Part 5 (commencing with Section 10701) of Division 2 of this code relating to vehicle license fees and not inconsistent with this part, shall automatically become a part of the county vehicle license fee ordinance.
(d)CA Revenue and Taxation Code § 11106(d) A provision that the county contract with the Department of Motor Vehicles to perform all functions incident to the administration or operation of the vehicle license fee ordinance of the county.
(e)CA Revenue and Taxation Code § 11106(e) A provision that the vehicle license fee ordinance shall become operative on the first day of January of the year next succeeding the year in which the ordinance is adopted, subject to the provisions of Section 11104.
(f)CA Revenue and Taxation Code § 11106(f) A provision that the total revenue derived from any vehicle license fee ordinance, less any costs charged by the
Department of Motor Vehicles for its services, shall be distributed to the county for the construction (as defined in Section 29 of the Streets and Highways Code) of a county expressway system or the select system of a county.
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Section § 11107
This law explains that the Department of Motor Vehicles (DMV) is responsible for collecting vehicle license fees under an agreement with the county. The collected fees are sent to the county regularly. The DMV charges the county for services and costs related to fee collection. Any refunds for license fees will be handled as outlined in the contract between the DMV and the county.
All vehicle license fees shall be collected by the Department of Motor Vehicles pursuant to a contract with the county and shall be transmitted to the county by the department periodically as promptly as feasible, and the department shall charge the county for the department’s services specified in this section and Section 11106 such amount as will reimburse the department for the actual additional cost to it in rendering the services. Refunds to licensees pursuant to Part 5 of Division 2 of this code as incorporated in the vehicle license fee ordinance shall be made and administered as provided in such contract.
vehicle license fees Department of Motor Vehicles DMV services county agreement fee collection reimbursement of costs refunds to licensees contract with county transmission of fees Part 5 of Division 2 vehicle license fee ordinance
Section § 11108
This law explains that for the purpose of collecting vehicle license fees, it's assumed a person uses their car mainly in the county where they live, according to their address in the Department of Motor Vehicles' records. The license fee is only charged in that county. The DMV can create processes for collecting these fees. They will use the address on file to identify a person's residence, unless the person or a local authority can prove the person lives somewhere else.
A person shall, for the purposes provided in this part, be presumed to be operating a vehicle on the public highways only in the county of residence as it is reflected in the registration records of the Department of Motor Vehicles and he shall be subject to a vehicle license fee under this part only in that county. The department is authorized to establish administrative procedures for the collection of vehicle license fees. In determining the place of residence of a person the department shall be entitled to rely upon the address reflected in its records unless any such person or persons or county or district shall establish to the satisfaction of the department that the
place of residence is elsewhere.
vehicle license fee presumption of residence county of residence vehicle registration records Department of Motor Vehicles address verification administrative procedures proof of residence fee collection local authority
