In a previous column, I wrote about how California is starting to go after its residents dodging sales taxes and automotive emissions rules by getting Montana license plates for their cars. After various news outlets published the story, many people got the impression that the police would pull over every car that had an out-of-state license plate.
While that impression might be true, historically police in California have seldom pulled over drivers simply for having out-of-state plates. For example, last January, News Channel 3 in Coachella Valley obtained records from the California Highway Patrol (CHP) on investigations for possible registration violations. The response from the CHP records division showed there were 91 cases last year in the local CHP district, 93 letters sent, 103 cases resolved, and no citations were written.
Why do police in California seem to be lax in investigating out-of-state license plates to check for registration violations? I looked at online forums and asked a few traffic officers in Southern California to get some answers.
It turns out that a majority of cars with non-California license plates are there legally. In major cities with high tourism or business travelers, it is not unusual to see many cars with out-of-state plates. People visiting from other states will usually bring their cars with them. Also, many of these cars are rented.
Then what about cars with out-of-state plates that police officers see regularly? A lot of these people are staying temporarily. Most of them are visiting relatives for an extended time or are college students. Others have temporary jobs, particularly those in the military.
A few cities in California have placed restrictions on police officers pulling over people based on minor infractions or pretextual stops. In 2022, the Los Angeles Police Department adopted more restrictive rules for pretext stops, requiring a higher threshold of suspicion and specific documentation by officers before and after the stop. San Francisco has issued a similar restriction on pretextual stops.
Police departments and the DMV have limited resources, and investigating out-of-state plates is probably not a high priority.
These new policies have discouraged police officers from pulling over people simply for having out-of-state plates. In most cases, a traffic officer will inquire about a non-California plate when the driver is pulled over for something else such as speeding.
Also, a traffic stop for out-of-state plates could violate the Fourth Amendment’s rule against unreasonable searches. Police officers need reasonable suspicion that a specific law is broken to justify a traffic stop. Since out-of-state plates are legal in California, a police officer will need to have additional evidence to show that the driver was required to register their car in California.
Then there’s the matter of officer discretion. One police officer I talked to was ex-military and he said that he tends to be flexible to servicemen and women on active duty since they may be in California temporarily. Another police officer who admits to being a car enthusiast generally tends to give warnings and advise drivers that myths they heard about Montana license plates are incorrect.
Some suggested that police officers show up to car shows or Cars and Coffee gatherings where at least some cars with Montana plates will show up. But that is easier said than done. A police officer’s safety may be in jeopardy if he tries to give tickets among a group of car enthusiasts.
Lastly, another police officer said to me that drivers with out-of-state plates who may be California residents tend to be the best drivers. They do not speed nor do they drive obnoxiously. They always give the right of way to other drivers and pedestrians. According to this officer, so long as they obey the law to the letter and do not cause trouble, the police are not inclined to pull them over or take steps to have the car deported to the state where it is registered.
Does that mean police officers will let out-of-state drivers do whatever they please? Of course not. If a driver commits a traffic violation, they could risk an inquiry about his out of state license plates, particularly if he has a California driver’s license or if his car is insured in California. Those who engage in excessive speeding, reckless driving, street racing, driving with loud exhausts, or participating in street takeovers will not get sympathy from a police officer.
Traffic officers are the first to see non-California license plates, and they should see if the drivers are committing a registration violation or even tax evasion. But most of these cars are in the state for legal reasons. Also legal and policy restrictions discourages traffic stops based on out-of-state license plates alone. So the police are inclined to only go after the few who engage in egregious behavior. Any wholesale crackdown will only take place if it is ordered from the top.
My next column will look at how lawmakers can close the Montana license plate loophole. They can do it by changing insurance laws. Also, California can coordinate with other states to impose a new fee structure to discourage registering their car in a state where they are not living.
Steven Chung is a tax attorney in Los Angeles, California. He helps people with basic tax planning and resolve tax disputes. He is also sympathetic to people with large student loans. He can be reached via email at stevenchungatl@gmail.com. Or you can connect with him on Twitter (@stevenchung) and connect with him on LinkedIn.
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