CA DMV refuses to register MB

[blime81]

Ok folks, I've read plenty of posts and was gonna add this too another thread but after the phone calls I decided to start a new one.

I send in my form 230 last year. I send $0 (hey I didn't know back then) I recieve a letter stating that I need to send a pic of the bike and $17. So I send that off.

I get a phone message recently saying that "we cannot register your moped and are sending back your $".

I give my wife all the pertinate details and have her call the DMV. (I'm deployed so I'd rather talk to my wife and daughter then some DMV lady on the few phone min I get)

The lady goes back and forth about this (on the phone with my wife) and then says that I need to go to a class at the PD or sheriff. Only class I am aware of is required for riders under 21 to get a M1 or M2.

I think she obviously has no idea what she is talking about. But what do I do now? I have sorted through the CA vehicle code and this is what I have found.

Section 5030 http://www.dmv.ca.gov/pubs/vctop/d03/vc5030.htm says that I have to display a plate if I fall under the 406 definition.

The 406 definition puts my bike into 406a.

Section 5033 http://www.dmv.ca.gov/pubs/vctop/d03/vc5033.htm says that the DMV
"shall issue a special license plate and an identification card for the motorized bicycle" so long as I send in the proper stuff.

Section 5031 says what the proper stuff is. (which I sent)

I seems that the law is on my side about this, but the DMV is not. I know lots of you have sucessfully registered bikes in CA and a few of you have provided lots of info on this board re this.

Right now I am planning to resend in the 230 the pic, $ and a letter citing the sections. If they won't register it then I want that in writing. i.e. "yes officer I tried to register and this is what the DMV sent me"

I guess what is so frustrating about it is they are not saying no because you don't have _____ or no because you need ______. They are just saying no.

If you have any suggestions please let me know. Thanks in advance.

 

[Mountainman]

hey blime81

sounds like the wrong person at DMV opened your letter with inclosed form

I was told here on site to do exactly what you did
send in form
told not to walk it in to my local DMV

well -- thinking that I needed the form ASAP -- I walked it in
the first Lady I talked with had no idea what I had handed her
I just stayed cool as she looked thru her computer for motorized bicycles
with the help of her supervisor -- they found it -- in like flint

maybe best if you -- fill out new form -- walk into local DMV

not sure what kind of MB you are riding
but technically if it's a Happy Time -- due to haveing a clutch -- would not qualify

also note -- most over 50cc have more than the legal HP ----- 2HP max in Calif

ride that MB thing

 

[blime81]

Mountainman, I tend to think of the "clutch more of an "engager". Auto tranny is what the law says so I think that lever is more like a putting it in "drive" really they have no trans like a motorcycle.

But really thats what I mean about them not giving a reason, they just gave the "you don't need to register that". In fact the lady told my wife at one point that it is treated just like a pedal bike.

I'm sure your right and the wrong lady opened it. Perhaps I will have my wife go into the DMV for me with all the sections, chapters written down to knoock this out. Which branch did you go to?

 

[Mountainman]

El Cajon DMV

recommend download of Ca form all made out
walk into DMV office -- be gentle -- they didn't know what I was talking about for a while
even though I had the Calif form in my hand
with some time they located it -- made them happy -- new find
did not ask to see my MB

good luck
MM