Learn About California DMV Affidavit of Non-Use

What Is the California DMV Affidavit of Non-Use?

The California DMV Affidavit of Non-Use is a legal document that vehicle owners can file with the Department of Motor Vehicles when they are not using their registered vehicle. This form provides a way to notify the state that a car, truck, motorcycle, or other motor vehicle is not being operated on public roads. Understanding what this document does can help vehicle owners manage their registration status and avoid unnecessary fees.

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When you file an Affidavit of Non-Use, you are officially telling the California DMV that your vehicle will not be driven on public streets, highways, or roads during a specific period. This declaration can affect your registration requirements, registration renewal notices, and potentially your vehicle registration fees. The form is particularly useful for people who own vehicles they are storing, restoring, or simply not using temporarily.

The document itself is relatively straightforward. It requires basic information about the vehicle, including the Vehicle Identification Number (VIN), license plate number, and the reason for non-use. You must sign the affidavit under penalty of perjury, which means you are declaring the information is true and accurate. Filing false information on this form can result in legal consequences.

California law allows vehicle owners to file this affidavit to manage their registration status more effectively. Unlike some other states that use vehicle registrations to track vehicles on the road, California uses the Affidavit of Non-Use as one method to keep registration records current and accurate. This helps the DMV maintain proper vehicle documentation and ensures that registration requirements align with actual vehicle use.

Practical takeaway: The Affidavit of Non-Use is a formal notification to the California DMV stating your vehicle is not being operated on public roads. Before filing, gather your vehicle's VIN, license plate number, and be clear about why the vehicle is not in use.

When to File an Affidavit of Non-Use

Vehicle owners file Affidavits of Non-Use in various situations depending on their specific circumstances. Understanding when this document is appropriate can help you determine if filing makes sense for your vehicle. Timing is important because the affidavit affects your registration status and renewal requirements.

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One common reason for filing is when a vehicle is being stored for an extended period. This might include classic cars, seasonal vehicles, or backup vehicles that owners plan to keep but won't drive regularly. For example, someone who owns a motorcycle they only ride during summer months might file an affidavit during winter when the vehicle is stored. Similarly, owners of recreational vehicles (RVs) or boats with motors often file these affidavits during off-season months.

Another reason to file is when a vehicle is undergoing restoration or repairs and will not be driven on public roads during the work period. A person restoring a vintage truck might file an affidavit for the 12 to 18 months while the vehicle is being rebuilt in a garage. This prevents the registration from lapsing or requiring unnecessary renewal while the vehicle is not roadworthy.

Some vehicle owners file affidavits when they have recently moved out of California but still own a vehicle registered in the state. However, this situation has specific rules and timeframes that apply. Others file when they have multiple vehicles and only use certain ones regularly, placing the unused vehicles under non-use status.

The key consideration is that you should only file an Affidavit of Non-Use if you genuinely do not plan to drive the vehicle on California roads during the specified period. Filing this affidavit when you actually do drive the vehicle can create registration violations and legal problems. You must be honest about the vehicle's status when you submit the form.

Practical takeaway: File an Affidavit of Non-Use when your vehicle will not be driven on public roads for an extended period—such as during storage, restoration, off-season use, or temporary non-operation. Only file if you truthfully will not use the vehicle on roads during the stated timeframe.

How Filing Affects Your Vehicle Registration

Filing an Affidavit of Non-Use creates specific changes to how your vehicle registration is managed by the California DMV. Understanding these effects helps you know what to expect after you file and how your registration status will change. The consequences are important to consider before submitting the form.

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When you file an Affidavit of Non-Use, your vehicle registration generally does not renew automatically in the normal way. Instead of receiving registration renewal notices at the usual time, the renewal process may be suspended or delayed. This means you will not receive a bill to renew your registration while the affidavit is active. For many vehicle owners, this saves them registration fees during the period when they are not using the vehicle.

However, the registration itself does not simply disappear. The vehicle remains registered with the DMV, but under a non-use status. This distinction is important. Your license plates and registration documents remain valid for the vehicle, but you should not operate the vehicle on public roads. If you resume using the vehicle and drive it on public roads while the non-use affidavit is still in effect, you could face registration violations.

When you want to drive the vehicle again, you must file a Notice of Use (Form REG 5) with the California DMV. This form reverses the non-use status and returns your registration to normal active status. After filing the Notice of Use, you may need to renew your registration and pay the associated fees, depending on when your registration period ends and when you filed the notice.

It is also important to know that filing an affidavit may affect your vehicle's compliance with smog check requirements. While the vehicle is under non-use status, you typically will not be required to pass a smog inspection. However, once you file a Notice of Use, smog check requirements may apply again depending on your vehicle's age and the current regulations.

One additional consideration: if you have a loan or lease on the vehicle, your lender or leasing company may have specific rules about filing an Affidavit of Non-Use. Some financing agreements may not allow you to place a vehicle under non-use status. It is wise to check with your lender before filing the affidavit.

Practical takeaway: Filing an Affidavit of Non-Use typically suspends your vehicle's registration renewal, saves registration fees during non-use, and keeps your registration in a valid but non-driving status. To resume driving, you must file a Notice of Use and handle any necessary registration renewals and smog checks.

Step-by-Step Filing Process

Filing an Affidavit of Non-Use with the California DMV involves several specific steps. Following the proper procedure helps ensure your filing is accepted and processed correctly. The process is straightforward but requires attention to detail and accurate information.

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The first step is to obtain the correct form from the California DMV. The official form for declaring non-use is the Affidavit of Non-Use of Vehicle, sometimes referenced by its form number. You may obtain this form by visiting a local DMV office in person, contacting the DMV by phone, or visiting the official California DMV website where forms are available for download or review. Make sure you are using the current version of the form, as DMV forms are periodically updated.

Next, gather all necessary information about your vehicle before completing the form. You will need your vehicle's complete Vehicle Identification Number (VIN), which appears on your registration documents and on the vehicle itself. You will also need your current license plate number and registration number. Have your vehicle title or registration certificate available to verify this information is correct.

Complete the affidavit form carefully and completely. Print clearly or type the required information. The form asks for the vehicle owner's name, address, vehicle details, and the reason you are not using the vehicle. You must select or write the reason from options typically provided on the form, such as storage, repair, or seasonal non-use. Be specific and honest about why the vehicle is not being used.

The most critical part of the process is signing the affidavit. You must sign the form in front of a notary public. The affidavit is a legal declaration made under penalty of perjury, which is why a notary's signature is required. The notary confirms your identity and witnesses your signature. You cannot simply sign the form at home and mail it in. This notarial requirement is a legal requirement and cannot be skipped.

After the affidavit is notarized, you have