VIN MODIFICATION......from SEMA
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VIN MODIFICATION......from SEMA
CLIFF NOTES AT BOTTOM.
Spade (of course real name was used),
Our man in Washington DC, Andrew Rasberry, researched this for us, and
here's what he found:
Cal Veh Code @ 10751 (2001)
@ 10751. Seizure and disposition of vehicles in violation of serial or
identification number requirement; Notice of impoundment
(a) No person shall knowingly buy, sell, offer for sale, receive, or have in
his or her possession, any vehicle, or component part thereof, from which
any serial or identification number, including, but not limited to, any
number
used for registration purposes, that is affixed by the manufacturer to the
vehicle or component part, in whatever manner deemed proper by the
manufacturer, has been removed, defaced, altered, or destroyed, unless the
vehicle or component part has attached thereto an identification number
assigned or approved by the department in lieu of the manufacturer's number.
(b) Whenever a vehicle described in subdivision (a), including a vehicle
assembled with any component part which is in violation of subdivision (a),
comes into the custody of a peace officer, it shall be destroyed, sold, or
otherwise disposed of under the conditions as provided in an order by the
court having jurisdiction. No court order providing for disposition shall be
issued unless the person from whom the property was seized, and all
claimants to the property whose interest or title is on registration records
in the Department of Motor Vehicles, are provided a postseizure hearing by
the court having jurisdiction within 90 days after the seizure. This
subdivision shall not apply with respect to a seized vehicle or component
part used as evidence in any criminal action or proceeding. Nothing in this
section shall, however, preclude
the return of a seized vehicle or a component part to the owner by the
seizing agency following presentation of satisfactory evidence of ownership
and, if determined necessary, upon the assignment of an identification
number to
the vehicle or component part by the department.
(c) Whenever a vehicle described in subdivision (a) comes into the custody
of a peace officer, the person from whom the property was seized, and all
claimants to the property whose interest or title is on registration records
in the Department of Motor Vehicles, shall be notified within five days,
excluding Saturdays, Sundays, and holidays, after the seizure, of the date,
time, and place of the hearing required in subdivision (b). The notice
shall contain the information specified in subdivision (d).
(d) Whenever a peace officer seizes a vehicle described in subdivision
(a), the person from whom the property was seized shall be provided a notice
of impoundment of the vehicle which shall serve as a receipt and contain
the following information:
(1) Name and address of person from whom the property was seized.
(2) A statement that the vehicle seized has been impounded for
investigation of a violation of Section 10751 of the California Vehicle Code
and that the property will be released upon a determination that the serial
or identification number has not been removed, defaced, altered, or
destroyed, or upon the presentation of satisfactory evidence of ownership of
the vehicle or a component part, if no other person claims an interest in
the property; otherwise, a hearing regarding the disposition of the vehicle
shall take place in the proper court.
(3) A statement that the person from whom the property was seized, and all
claimants to the property whose interest or title is on registration records
in the Department of Motor Vehicles, will receive written notification of
the date, time, and place of the hearing within five days, excluding
Saturdays, Sundays, and holidays, after the seizure.
(4) Name and address of the law enforcement agency where evidence of
ownership of the vehicle or component part may be presented.
(5) A statement of the contents of Section 10751 of the Vehicle Code.
(e) A hearing on the disposition of the property shall be held by the
municipal court, or by the superior court in a county in which there is no
municipal court, within 90 days after the seizure. The hearing shall be
before the court without a jury. A proceeding under this section is a
limited civil case.
(1) If the evidence reveals either that the serial or identification number
has not been removed, defaced, altered, or destroyed or that the number has
been removed, defaced, altered, or destroyed but satisfactory evidence of
ownership has been presented to the seizing agency or court, the property
shall be released to the person entitled thereto. Nothing in this section
precludes the return of the vehicle or a component part to a good faith
purchaser
following presentation of satisfactory evidence of ownership thereof upon
the assignment of an identification number to the vehicle or component
part by the department.
(2) If the evidence reveals that the identification number has been
removed, defaced, altered, or destroyed, and satisfactory evidence of
ownership has not been presented, the vehicle shall be destroyed, sold, or
otherwise
disposed of as provided by court order.
(3) At the hearing, the seizing agency has the burden of establishing that
the serial or identification number has been removed, defaced, altered, or
destroyed and that no satisfactory evidence of ownership has been presented.
(f) This section does not apply to a scrap metal processor engaged primarily
in the acquisition, processing, and shipment of ferrous and nonferrous
scrap, and who receives dismantled vehicles from licensed dismantlers,
licensed junk collectors, or licensed junk dealers as scrap metal for the
purpose of recycling the dismantled vehicles for their metallic content,
the end product of which is the production of material for recycling and
remelting purposes for steel mills, foundries, smelters, and refiners.
To find out how you or your car club can help fight lousy legislation and
regulations threatening the automobile hobby (i.e. unfair emissions testing
of antique vehicles, lowering restrictions for street rods and lowriders,
height restrictions on 4x4s, aftermarket parts restrictions on late-models,
just to name a few issues), check out this website
(www.enjoythedrive.com/sansignup) and join the SEMA Action Network (SAN).
The SAN is a no cost/no hassle nationwide partnership between car clubs,
individual enthusiasts and the specialty aftermarket parts industry designed
to fight unfair automotive legislation and regulation and to support car
friendly laws. SAN members receive notice of legislative or regulatory
developments, sample letters and talking points for communicating with
legislators and a copy of the monthly newsletter, the "Driving Force."
Organized groups of automobile enthusiasts are a proven political force.
Fight to save our vehicles and our way of life.
Thank you for using Ask the Experts, we hope you found us helpful.
Sincerely,
The Ask the Experts Staff http://www.enjoythedrive.com
CLIFF NOTES: Can't remove any VIN's, and if you got your vehicle posseded by the authorities here is how to get it back.
[Modified by Spade, 4:10 PM 12/5/2001]
Spade (of course real name was used),
Our man in Washington DC, Andrew Rasberry, researched this for us, and
here's what he found:
Cal Veh Code @ 10751 (2001)
@ 10751. Seizure and disposition of vehicles in violation of serial or
identification number requirement; Notice of impoundment
(a) No person shall knowingly buy, sell, offer for sale, receive, or have in
his or her possession, any vehicle, or component part thereof, from which
any serial or identification number, including, but not limited to, any
number
used for registration purposes, that is affixed by the manufacturer to the
vehicle or component part, in whatever manner deemed proper by the
manufacturer, has been removed, defaced, altered, or destroyed, unless the
vehicle or component part has attached thereto an identification number
assigned or approved by the department in lieu of the manufacturer's number.
(b) Whenever a vehicle described in subdivision (a), including a vehicle
assembled with any component part which is in violation of subdivision (a),
comes into the custody of a peace officer, it shall be destroyed, sold, or
otherwise disposed of under the conditions as provided in an order by the
court having jurisdiction. No court order providing for disposition shall be
issued unless the person from whom the property was seized, and all
claimants to the property whose interest or title is on registration records
in the Department of Motor Vehicles, are provided a postseizure hearing by
the court having jurisdiction within 90 days after the seizure. This
subdivision shall not apply with respect to a seized vehicle or component
part used as evidence in any criminal action or proceeding. Nothing in this
section shall, however, preclude
the return of a seized vehicle or a component part to the owner by the
seizing agency following presentation of satisfactory evidence of ownership
and, if determined necessary, upon the assignment of an identification
number to
the vehicle or component part by the department.
(c) Whenever a vehicle described in subdivision (a) comes into the custody
of a peace officer, the person from whom the property was seized, and all
claimants to the property whose interest or title is on registration records
in the Department of Motor Vehicles, shall be notified within five days,
excluding Saturdays, Sundays, and holidays, after the seizure, of the date,
time, and place of the hearing required in subdivision (b). The notice
shall contain the information specified in subdivision (d).
(d) Whenever a peace officer seizes a vehicle described in subdivision
(a), the person from whom the property was seized shall be provided a notice
of impoundment of the vehicle which shall serve as a receipt and contain
the following information:
(1) Name and address of person from whom the property was seized.
(2) A statement that the vehicle seized has been impounded for
investigation of a violation of Section 10751 of the California Vehicle Code
and that the property will be released upon a determination that the serial
or identification number has not been removed, defaced, altered, or
destroyed, or upon the presentation of satisfactory evidence of ownership of
the vehicle or a component part, if no other person claims an interest in
the property; otherwise, a hearing regarding the disposition of the vehicle
shall take place in the proper court.
(3) A statement that the person from whom the property was seized, and all
claimants to the property whose interest or title is on registration records
in the Department of Motor Vehicles, will receive written notification of
the date, time, and place of the hearing within five days, excluding
Saturdays, Sundays, and holidays, after the seizure.
(4) Name and address of the law enforcement agency where evidence of
ownership of the vehicle or component part may be presented.
(5) A statement of the contents of Section 10751 of the Vehicle Code.
(e) A hearing on the disposition of the property shall be held by the
municipal court, or by the superior court in a county in which there is no
municipal court, within 90 days after the seizure. The hearing shall be
before the court without a jury. A proceeding under this section is a
limited civil case.
(1) If the evidence reveals either that the serial or identification number
has not been removed, defaced, altered, or destroyed or that the number has
been removed, defaced, altered, or destroyed but satisfactory evidence of
ownership has been presented to the seizing agency or court, the property
shall be released to the person entitled thereto. Nothing in this section
precludes the return of the vehicle or a component part to a good faith
purchaser
following presentation of satisfactory evidence of ownership thereof upon
the assignment of an identification number to the vehicle or component
part by the department.
(2) If the evidence reveals that the identification number has been
removed, defaced, altered, or destroyed, and satisfactory evidence of
ownership has not been presented, the vehicle shall be destroyed, sold, or
otherwise
disposed of as provided by court order.
(3) At the hearing, the seizing agency has the burden of establishing that
the serial or identification number has been removed, defaced, altered, or
destroyed and that no satisfactory evidence of ownership has been presented.
(f) This section does not apply to a scrap metal processor engaged primarily
in the acquisition, processing, and shipment of ferrous and nonferrous
scrap, and who receives dismantled vehicles from licensed dismantlers,
licensed junk collectors, or licensed junk dealers as scrap metal for the
purpose of recycling the dismantled vehicles for their metallic content,
the end product of which is the production of material for recycling and
remelting purposes for steel mills, foundries, smelters, and refiners.
To find out how you or your car club can help fight lousy legislation and
regulations threatening the automobile hobby (i.e. unfair emissions testing
of antique vehicles, lowering restrictions for street rods and lowriders,
height restrictions on 4x4s, aftermarket parts restrictions on late-models,
just to name a few issues), check out this website
(www.enjoythedrive.com/sansignup) and join the SEMA Action Network (SAN).
The SAN is a no cost/no hassle nationwide partnership between car clubs,
individual enthusiasts and the specialty aftermarket parts industry designed
to fight unfair automotive legislation and regulation and to support car
friendly laws. SAN members receive notice of legislative or regulatory
developments, sample letters and talking points for communicating with
legislators and a copy of the monthly newsletter, the "Driving Force."
Organized groups of automobile enthusiasts are a proven political force.
Fight to save our vehicles and our way of life.
Thank you for using Ask the Experts, we hope you found us helpful.
Sincerely,
The Ask the Experts Staff http://www.enjoythedrive.com
CLIFF NOTES: Can't remove any VIN's, and if you got your vehicle posseded by the authorities here is how to get it back.
[Modified by Spade, 4:10 PM 12/5/2001]
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