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Forum > Vehicle Registration > Question

2004 VW Passat Temporary Operation Permit

My registration is almost 6 months overdue...I know...hear me out. I paid my registration on time but needed a smog check. The check engine light was on, so I knew I would fail the inspection. I couldn't afford a mechanic so I garaged it and called a friend. My VW is finally fixed now... I didn't think it would take this long, or I would have filed for a non-OP. Anyhow, it's now fixed but since my battery died in the process.... the OBD2 is now cleared, and according to a friend my Passat will once again fail the smog inspection, until my engine goes through a "drive cycle." My question is can a temporary operating permit be given? Is so what would I need to obtain one?
Answer:

The Temporary Operating Permit (TOP/REG 19F) with a validating sticker (REG 19S) is issued by the DMV in very limited and specific instances for operation of a vehicle when all registration fees have been paid, but registration card not issued. The DMV normally issues a TOP (for a $50.00 fee) under the following specific circumstance and under these guidelines:
  • When a vehicle owner presents a failed vehicle inspection report (VIR) as evidence the vehicle failed a biennial smog inspection.
  • The TOP may be valid only for:
    • 60 days from the expiration date of the registration of the vehicle; or
    • 60 days from the date that the vehicle is removed from Planned Non-Operation (PNO).

      For Example: A vehicle registration expired or was removed from PNO status on 06/15/2016. The customer presents evidence the vehicle failed smog certification on 07/10/2016. A TOP valid until 08/15/2016 may be issued. If the customer presents evidence of the smog failure after 08/15/16, a TOP cannot be issued.

  • Only one biennial smog failure TOP can be issued to the same vehicle within a two-year period.
  • No TOP will be issued if proof of insurance is required and has not been submitted.

Based on the mentioned above, it appears you may be ineligible to receive a temporary operating permit, however California does allow a few exceptions which may allow you to obtain one.

There is a provision in the law which will allow a DMV Office manager or designee to issue a TOP if he/she determines it is appropriate. Given the circumstance you may be able to persuade an office manager to allow for the issuance. You will need to visit a local DMV office in person to inquire.


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