BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION COMMITTEE         BILL NO:  AB 1618
          SENATOR KEVIN MURRAY, CHAIRMAN         AUTHOR:   firebaugh
                                                 VERSION:  4/9/03
          Analysis by: Randall Henry                         
          FISCAL:yes







          SUBJECT:

          Motor vehicle dealers: front license plate bracket.

          ANALYSIS:

          Existing law prohibits the holder of certain occupational  
          licenses issued by the Department of Motor Vehicles from  
          engaging in certain practices, including, delivering a  
          vehicle for operation on California highways that does not  
          meet all of the statutory equipment requirements.

           This   bill   would  also prohibit, the delivery, after January  
          1, 2005, a motor vehicle, other than a motorcycle, that is  
          not equipped with a front license plate bracket. 
          
          COMMENTS:

          1.Current law, Vehicle Code Sec. 5200, requires that  
            "(w)hen two license plates are issued by the department  
            for a vehicle, they shall be attached to the vehicle for  
            which they were issued, one in the front and the other in  
            the rear."

          2.This bill would prohibit a vehicle dealer from delivering  
            a motor vehicle, other than a motorcycle, that is not  
            equipped with a front license plate bracket.  The author  
            contends that are some vehicle models that are not  
            equipped with a front license plate bracket which  
            "contributes to the misconception that vehicles are only  
            required to display a rear license plate."

          3.According to the California Highway Patrol, there are at  
            least half of dozen popular vehicle models, particularly  




          AB 1618 (FIREBAUGH)                                        
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            expensive European imports where front license plates are  
            not required, that are currently manufactured without a  
            front license plate bracket.  In addition, the department  
            reports that it has issued the following number of  
            citations for violation of Vehicle Code Sec. 5200 over a  
            three year period:

                      Year                       Number of citations 
                     2000                             28,845   
                     2001                             30,070
                     2002                              36,545  
                                                          95,460
           
          4.Writing in opposition to this measure, unless amended,  
            the California Motor Car Dealers Association notes "(a)s  
            a practical matter, it has been the custom and practice  
            of new motor car vehicle dealers, auto manufacturers and  
            distributors that do business in this state to provide a  
            front license plate bracket with each vehicle sold.   
            However, in a significant number of sale and lease  
            transactions, vehicle consumers specifically request that  
            the front license bracket not be installed.  The reasons  
            given by consumers for non-installation of the front  
            license bracket include: vehicle is being purchased as a  
            collector's item; vehicle will not be operated on public  
            highways; vehicle is being purchased for out-of-state  
            use; customer does not like the aesthetic look of the  
            vehicle with a mounted front license bracket (this is a  
            particular problem with purchasers of high-performance  
            and high-end vehicles)."                 
          
            The dealers association requests the adoption of the  
            following amendment which would provide that a dealer  
            would be prohibited from delivering a vehicle unless the  
            dealer either: (1) installed a front license plate  
            bracket; or (2) obtained a written acknowledgement from  
            the purchaser indicating that California law requires a  
            front license plate.
          

          Assembly Votes:
               Floor:    45-30
               Appr: 17-7
               Trans:    14-6
          
          POSITIONS:  (Communicated to the Committee before noon on  




          AB 1618 (FIREBAUGH)                                        
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          Wednesday,
                     Wednesday, June 25, 2003 )

               SUPPORT:  Automobile Club of Southern California
                                              California State  
          Automobile Association 
          
               OPPOSED:  California Motor Car Dealers Association  
          (unless amended)