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
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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
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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)