License Plates and Registrations (for sale, rental, insurance)

[azrael1234]

Hi all,

New in town, and had a run in with the state police this morning. I'm from California, and been here a total of 2 weeks (only here temporarily for 7 months). I bought a new car recently right before my company moved me from CA, and my company shipped my car for me to MA.

The problem arose this morning because California does not issue plates right at the dealership. They ship them to you within 60 days of the date of sale. So suffice it to say, I don't have plates on my car yet. It is registered in the state of CA, and I have insurance for the car for way above the minimum that MA asks for.

Anyways. So since I don't have any plates on the car yet, I got pulled over. Waited 40 minutes and with no warning the cop had my car towed (which she did not even tell me was going to happen until the tow truck pulled up beside me!).

I talked to my insurance agent and the dealership owner in CA and they both believe that the cop wrongfully did this, as CA respects MA registrations, but I have my doubts as to if the opposite holds true. I did in fact have all my CA paperwork in the car, and my CA drivers license, and everything that would be sufficient in CA for this car to be driven.

So if you're still with me, my question is,

Is it legal for me to drive my car with the information I have?

Once I get my CA plates, will I still be hassled by the MA state police?

Is it not legal to drive with my CA plates and registration?

Mind you, I'm only here temporarily (7 months) for work.

I think the problem may have been that she could not verify any of my information since 7am EST is 4am PST.

Anyways any information (especially from a lawyer) would be most useful. I'd really like to fight this ticket even though it really doesn't make sense in terms of monetary gain vs time off from work. Being new in a state is hard enough, but when things like this happen, it really make you feel alone.

Feel free to msg me personally as well.

Thanks
J

[scirocco22]

I'm not a lawyer but I do agree with you in that because of the time zone difference, they couldn't verify anything in California.

However, it seems to me that if you have proof of ownership (i.e., I'm assuming that you are in possesion of the registration and that's it's in the car), then you are perfectly legal to be operating that car in MA because the title is assumed to be clear and in transit to you.

Here is the way the MA law reads according to their DMV site:


Massachusetts Title Law

Massachusetts Title Law went into effect on September 1, 1972. This law requires that all motor vehicles and trailers be titled within ten (10) days of purchase. Passenger vehicles with a model year of 1980 and older, purchased before November 26, 1990 are exempt from titling. Any vehicle purchased after November 26, 1990 must be titled, excluding the following:

• A vehicle owned by the United States, unless registered in accordance with the provisions of chapter ninety (90).
• A vehicle owned by a manufacturer or dealer and held for sale even though incidentally moved on a highway or used for purposes of testing or demonstration, or a vehicle used by a manufacturer solely for testing.
  
• A vehicle owned by a nonresident of the Commonwealth for which a currently effective certificate of title has been issued in the state of residence.
• A vehicle on loan from the United States Government or from a vehicle manufacturer or distributor to the Commonwealth or a political subdivision thereof.
• A vehicle regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state or country.
• A vehicle moved solely by animal power.
• An implement of husbandry.
• Special mobile equipment.
• A self-propelled wheelchair or invalid tricycle.
• A trailer with a gross weight of three thousand (3000) pounds or less.
• A manufactured (mobile) home, as defined in Massachusetts General Law (MGL) c.140, § 32Q.

The way I interpret what applies in your situation is what I highlighted in red. You are not required to title your car in the MA because you have a valid certificate of title coming to you from the state of California and you are a non-resident. I'm also assuming that you had some type of valid California-issued temporary placard displayed on the car that had an expiration date of at least 60 days from the date of purchase. If so, then that said placard would still be valid as it's not yet expired (or at least I'm assuming the California placard would be valid in MA but again, I'm not a lawyer ...but how else would you show that the vehicle is registered somewhere?).

I see no reason whatsoever that they had any justification in towing the car. It seems to me that you were perfectly legal if the temporary California placard was not expired. I would take that to mean that the title and plates are still in transit. If the California placard was expired, then that's another matter, but from what you are saying, it should be valid for at least 60days from the date of purchase, correct?

Sounds like to me that you have a good case. I'd be tempted to consult a lawyer and seek to recover damages if the state of Massachusetts has in fact made a mistake in this matter.

Good luck! Keep us informed.

--'rocco

[azrael1234]

Thank you for your very detailed answer! I do infact have all the paper work that shows ownership of the car, and the placard is in the window and should have the 60 day window in it (unless the dealership screwed up). I gave all my paperwork to the cop (not the placard though, but I did point it out to her).

I'd really love to be able to drive my car around, as I'm driving in a rental now for fear they'll tow me again!

If anybody else has words on this subject, please chime in.

Jeff

[scirocco22]

You know, Jeff, the more and more I think about it, just what did you do wrong???

What was your citation for? What did the officer say you were doing illegally?

Your car was properly registered in California and that registration should be completely valid in MA. It's the same as if you were to have had valid permanent California tags on the vehicle ...what difference does it make whether it was a temporary or a permanent plate?? I don't get it.

You are clearly a nonresident so therefore you don't have to register your vehicle in the state of Massachusetts. You had a valid Caliornia registration on the vehicle, albeit the actual title and plates were in transit, but valid in that condition in the state of California.

In other words, you were completely legal had the vehicle been in California, correct? I don't know, I'd be hopping mad if I were in your shoes.

--'rocco




edit: AND, if you go by your reasoning that there's no reciprocity, then what are we to conclude?? That NO VISITORS from out of state can drive their cars in Massachusetts??? No cars that have out of state tags can legally be driven in MA?? That's bunk!

[Noodle]

Mass. state troopers are most arrogant power crazed SOBs. The law is the way they interperet it and that's it. I love when I drive by a SP barracks, and all the squad cars are there. All day!! What do they do besides an occasional speeding ticket on the highway? Nothing. They're too tired from their off duty overtime sitting at a construction site. Part of why Massachusetts is a joke of a state.
Sorry to hijack your thread. I'm sorry you had to be harrassed by these power trip cop wannabes. Sounds like you were perfectly legal.

[azrael1234]

The more I talk to people the more I believe you are correct and that we're in the right on this. I am outraged but at the same time, I'm dealing with a move, my mom just got hospitalized in CA, and I'm at a new job. So when I have a chance I'll call up the state police department and ask some questions. Maybe call up a small claims lawyer and see what they have to say about it.

To answer your first question, I don't think I've done anything wrong, and she ticketed me for "operating an unregistrated motor vehicle".

Shrug

Originally Posted by scirocco22

You know, Jeff, the more and more I think about it, just what did you do wrong???

What was your citation for? What did the officer say you were doing illegal?

Your car was properly registered in California and that registration should be completely valid in MA. It's the same as if you were to have had valid permanent California tags on the vehicle ...what difference does it make whether it was a temporary or a permanent plate?? I don't get it.

You are clearly a nonresident so therefore you don't have to register your vehicle in the state of Massachusetts. You had a valid Caliornia registration on the vehicle, albeit the actual title and plates were in transit, but valid in that condition in the state of California.

In other words, you were completely legal had the vehicle been in California, correct? I don't know, I'd be hopping mad if I were in your shoes.

--'rocco




edit: AND, if you go by your reasoning that there's no reciprocity, then what are we to conclude?? That NO VISITORS from out of state can drive their cars in Massachusetts??? No cars that have out of state tags can legally be driven in MA?? That's bunk!

[jmfikucki]

Welcome to Massachusetts!!!!!!I would definitly put up a fight and show all paperwork because the more they have your car the more your going to have to pay for it being there and I would put in a complaint to the state police department with the officers name. The state police think they own this state and can do whatever they want you should be able to be reimbursed for all those expenses. Good Luck to you!

[scirocco22]

Anything new?

I'm really curious about your situation. If you have the time, please let us know how you make out on it.

Thanks.

--'rocco

[ontheroad]

I posed a similar question to my insurance company today and the response they provided was that I was covered in all 50 states and shouldn't have a problem with out of state plates and insurance. Different, but heck, I'm heading up to MA in late April, early May and see you're having a problem I was concerned might come up.

As a former MA resident, I know it can get tough; it is something about the Commonwealth's that make them more challenging (I'm having a wee bit of it here in PA).

I'd take this to several agencies: Motor Vehicles; the local sheriff's department, and perhaps the county clerk. If you are in a small town, I'd even try to get into touch with the Mayor.

It seems like a small abuse of power to me!

[LovelyBoston]

Contact the State Police and file a complaint -- ASAP. If you had temporary plates displayed and current paperwork with you. There was no reason to tow it and you really, really should report what happened, with a formal complaint.