california temporary operating permit question
 

I finally got my car from the builder on Wednesday the 27th of March. I have a temp operating permit that is posted that expires on the last day of March. On Friday the 29th (2 days later) I am headed down to the local DMV to get my new operating permit so I can now finish my SB-100 stuff when I get pulled over by my local Pasadena Police Dept. He informs me that I can not be driving my car and that the temporary permit only allows me to go to the mech or smog station. After he calls no less that 5 other officers to the scene and takes pictures of the offensive vehicle, he writes me 3 citations. One is for lack of proper registration and the other 2 are for fixable items such as exhaust system violations. I have never heard anyone saying that a temp operating permit is not usable for any daily driving. He even told me that since I have had it registered since December then I have just been out JOY-RIDING.
Someone out there know a police officer or are one and can give advice?

Sounds like a major league shakedown! Why aren't these guys out fighting crime?

You're TOP is valid registration and I've never heard of any restrictions. What were the "fix it" items that they wrote you up for?

Karl,

Here are a couple of links to the CA Vehicle Code:

V.C. Section 4156 - Temporary Permit

http://www.dmv.ca.gov/pubs/reg_hdbk_pdf/ch25.pdf

If you have a TOP, then it sounds like you can operate your vehicle without restrictions for the length of the TOP, but I'm not an attorney or in law enforcement.

Good luck and fight it.

karlkrazy, if your top expires on the last day of March. why are you going down to DMV to get another one? today is March 4. ya got the rest of the month left>

What vehicle code(s) were you cited for?

Is your TOP red? or white?

If Car is registered as stated (since December) why do you then have/use a TOP? Did you mean to say you had STARTED the registration process and paid your fees? Then a TOP makes sense.


25.000No-Fee Special Moving Permit (VC §4002)
The department may issue a No-Fee Special Moving Permit (REG 172) valid for one day only for movement of a vehicle in accordance with VC §§4002 and 11716. Registration is not required for a vehicle moved or operated under a permit issued by the department.
This permit may be issued:
•For movement of an unregistered vehicle with Planned Non-Operation (PNO) status on file.
•In place of a Transporter Permit as provided in VC §11716. See Section 25.025.
•To move or operate a vehicle not previously registered from a dealer’s, distributor’s, or manufacturer’s place of business to a place where essential parts of the vehicle are to be altered or supplied.
•To move a vehicle which is not required to be registered or have a PNO status from one place of storage to another.
NOTE: Vehicles seized by a repossessor can be included in this category, if it is determined how and where the vehicle is moved.
•To move a vehicle to or from a garage or repair shop for the purpose of repairs or alteration.
•To move or operate a vehicle for the purpose of dismantling or wrecking and permanent removal from the highways.
•To move a vehicle from one place to another for the purpose of:
—inspection by the department.
—assignment of a vehicle identification number.
—inspection of pollution control devices.
—weighing the vehicle.
OR
"If construction of the vehicle has not been completed"

Sorry, correction...
It was Last week.
Got the car on the 27th of Feb Ticket on 29 of Feb
TOP expired 29th of Feb.

Ticket was for: ( what was written on ticket)
CVC 27150 (a) Muffler
CVC 4000 (A) (1) ? - REG
CVC 27156 (b) Mod. emissions
State referee Cirt. Req. Advised 24004

then he wrote: Vehicle can only be driven to State referee or Mechanic.

Rick,
Yes I started the registration process. Paid my dues and was waiting for the finished product to complete the process.

TOP is red.

Krazykarl,

I would guess that once you complete the SB100 process and the car is fully registered, you should be able to find a police officer or CHP with common sense to sign-off on the fix-it ticket. The muffler and emissions items are just plain ignorance on their behalf. How long were you detained by Pasadena's finest?

Doug,
Almost 30 min before they let me go.


this included having me open the hood so they could take pics of the whole car.
Karl

They also told me that if I get caught out driving... they can impound the vehicle.

had to throw that in......
karl

Was it a motor cop or a patrol officer? If a motor cop he should be scolded!!! If patrolman then he is just uneducated. Bad thing is wrong or right Pasadena will tow your car if they see you again. Even if they are wrong it will be a giant pain in the a$$. Since it has gone this far you may want to go to the department and ask to speak to the Sgt of the traffic division. Just tell him about our process (SB100) and let him know some of the particualrs and see what he says. As far as I am aware there are no restrictions on a red TOP. ( Dont you notice all the mopes in their 71 Pintos with a red TOP driving all over?)

Just my 2 cents. I dont think it can hurt to talk to the Sarge, just be courteous no matter what he says even if he doesnt know what he is talkin about! Ry

Sounds like a bunch of pricks!!......green with envy!

BlackSnake,
I thought it might help to go by to see the Sarge, so I did yesterday.
He covered for the officer. He is the one that told me not to drive it or it might get towed..

I told him that it was parked outside if he wanted to check the car... He said " I saw it already, and I will be nice and not tow you, since it is new.

He had to have seen the pics that the officer took.

Yes, he was a motorcycle police. (so were the other 5 officers that came by as he was researching it)

ignorant, I guess.

Ask to see the Office manager at the DMV on Rosemead Blvd and tell them that you got a ticket for operating on their TOP.

The Red TOP is a temporary (meaning less than annual) registration that allows you to operate your so registered and fees paid motor vehicle on the streets of the State. This is regardless of why you are only issued a limited registration. It has nothing to do with smog or BAR or CHP inpsections specifically, it is given because you are incomplete in your application and you have things to do with other State agencies. None of my TOP's had any mention of why they were issued as incomplete applications. I think you have a good appeal here. Since you live in the area, probably not a good idea to p**s off Pasadena's finest any further. Take it up with the DMV and the CHP.

One of the reasons I moved from the Pasadena area.

Very true,
thanks for the input.
Karl

I forgot to mention you have a really nice looking car. Congratulations.

There's another guy in the Sierra Madre area looking for other Cobra owners to meet up on the weekends. I think it's dynobite. Best wishes, it will all be worth it when you get the plates.

see ya in court
 

I think you are going to have to go to court on this one, and you may have to put it off until you get your SB100. I hate to say it but some cops are jerks and think they are always right. You may have luck at the DMV but I dont think they will help you at the PD, you are gonna have to do everything through court now. I work an office with a bunch of retired cops, I dont think there is anyone from the Pasadena area but I will check and let you know via PM. I think you may be past the point of no return now though, it sounds like these boys dont want to be proven wrong now, and thats just plain wrong. Unfortunately i have known a few motor that act the very same way. Good luck I will PM yo if I can come up with somethin. There is a box on the ticket where it says not eleigible for dismissal (not fix it ticket) did the officer leave that or did he check it? Ryan