Posted by mark miller on February 12, 2010 at 2:47 PM
Careful if you are a travelling photographer and want to spend some serious time in California. The law (note these are my own interpretations from various sources only, not necessarily totally correct) is that if you plan on visiting in CA any more than six months out of 12 consecutive months, then you are a resident, and required to get a driver license, auto plates and regsitration Even if you have been in the state of California for under six months, they can get you, if your intentions are to stay beyond that time frame.In fact, after 15 days, they can get you, that's right, just 15 days, if you just admit your intentions are to visit for more than 6 months. ANd when I say 'visit' I mean just visit, not pay rent, buy a home or take a job, just come to photograph experience the state.
(My case is similar too, but since I am 'using' the state
and its benefits by being here, though my intentions are solely a lenghthy visit, I'm obligated to meet those requirements), This is just some of the stuff I found out.
And here it is: If you want to visit California, make sure it is for
less than a sum total of 6 months within 12 consecutive months. So, no 3 months for the fall of one year, and 4 months thru the summer of the next.
And catch this, even if your California visit is only a few months, you can be pulled over and cited only after 15 days. That is if
just your intentions were to stay longer, even if you had NOT done that already, that is just saying what your intentions might be to stay more than six months, they can cite you
after just 15 days. Practically, to be fair, they won't. They want
to catch the long time residents here mooching off the state, who always claim a home elsewhere.
Fair enough, but it does open a can of worms legally for the travelling photographer. Now, if I really heard this correctly from a Calif Hwy Patrol offer yesterday, if you have not abided by the law, that is if you have been in the state for at least a mere 15 days, and your intentions are to stay longer than 6 months
(even though you are not in Calif to take a job or buy a residence), not only are you violating the law by not having the Calif driving requirements, (ie drivers license, car registration and plates), your car can be impounded, and the effect of you driving the the state, even though your home state license is current, is you are DRIVING WITHOUT A LICENSE. The law from my interpretation, is your out of state license is valid during your visit, but only if your intended visit is less than six months. Fortunately, they're reasonably headed in Calif, but let's say you are in the state 3 weeks, and you have a fender bender. The officer asks what you are doing, and you say you've been in the state for three weeks and that your intentions were to continue to visit for more than six months. If I have that right, because of that admission of your intentions, not something you have done, then (I still can believe this) the effect is you got in a wreck without a valid drivers license
or current registration!
The bottom line is if you are visiting California, and you have been there more than 15 days, and an officer pulls you over, and you tell him you came to visit, and that visit is planned to be more than 6 months accumulative out of any 12 consecutive months, legally they can cite you, and you must get your CA drivers license and auto registration or go to court. At that point, I don't think you can even drive out of the state legally without resolving the citation.
If you got to that point, then also I don't know what the income tax obligations would be either, but I'm sure it's another can of worms. I mean, you're here 15 days, you get pulled over, and you admit you had planned on visiting CAlif for more than six months. Even though your visit to that point is only 15 days, does that mean, because simply of your admission of intent, you suddenly have legal state tax obligation? I don't now yet, but what I do know, is few here have the total facts straight, and it's just plain screwy. I mean I just talked to a patrol officer (not the one above), who suggested in my predicament, maybe I should keep two drivers licenses- one for my permanent residence in another state, and another for California. I told him I was a bit skeptical so later I called the state offices. Holding two driver's license is a FEDERAL OFFENSE! Gee whiz- I rest my case!
Posted by Jim Jirka on February 12, 2010 at 4:33 PM
How do they know how long you have been there? Did they install border crossing gates that you have to check into? Someone asks me, arrived today spending a couple days visiting friends.
Also it seems you get stopped alot by police and are worried about fender benders. Maybe you start to drive better.
It makes sense in small towns, the kinds of places most of us like to shoot, where repeated sightings of an out of state tag raises flags. If the orders have gone out to CHP and local PDs to be on the lookout, I'd be surprised if you didn't get stopped. Those folks spend their careers watching license plates.
Jim said, "How do they know how long you have been there?"
In the past, this may have been difficult to prove. However, credit/debit card and/or cell phone usage reports can be subpoenaed if they have probable cause and a warrant.
Things would have to go badly awry for it to come to this pass, though.
I think things are already gone awry! I mean geez don't people have anything freakin better to do than to think up all these BS things to complicate people's lives? personally, I really don't don't give a rip whether or not someone takes residence here or not. If you have a legitimate reason for being here, then fine. if that reason becomes something more than temporary, then become a resident. Isn't it just that freakin' simple? I mean if all those ivy league alums up in the capitol need it explained to them, I'd be more than happy to lock them all up in a windowless room and explain it for them. Sometimes I think people come up with nothing but stupid stuff in order to try and justify their existance. Or maybe, no, probably, it's just a way they thought of to get more of people's money!!!!!!!!
Chris
Posted by Kent Staubus on February 12, 2010 at 8:10 PM
Little chance I'd spend more than a couple of weeks in Californy, let alone six months. Two weeks every eight years is about right. I mostly go to visit the Big Trees, and they won't tell anyone.
Posted by Greg Maklae on February 13, 2010 at 5:56 AM
Maybe its time to ask Mexico if that want it back. Me think all them earth quakes have rattled a few brains. Its called how can we screw the outside little people. Does this apply to say pro baseball players, actors and illegals?
Posted by Merle Cook on February 13, 2010 at 8:41 AM
I lived in California for 54 years and in 2000 moved to Missouri. At that time the registration on my '98 Chevy P/U was due in CA and cost $420. I registered it in MO for $28. People then say, "Yeah, but you have personal property tax in MO and that adds to it. The personal property tax was less than $60. I was not a math major in college - but that sounds like a bargain even to me.... We only travel back to the coast for weddings and funerals.
Well, they probably thought you had some money. Florida seems to have a toll about every five miles and hardly any parks that you don't have to pay to get into. They're pretty good at fleecing the tourists there too.
Posted by mark miller on February 16, 2010 at 1:37 AM
John: I'm pleased to know that other states are cracking down on Californians, dang it, it's only fair..... Naw, just kidding, :)
The screwy stuff happens all over, you've got to take it as it comes. I suppose I was venting for the moment with the post. Heck, today, we had a terrific experience, could have wasted a long trip to get to a CA state park, but had forgotten the right pass that we had already paid for. The lady at the gate trusted my story, and admitted us anyway. I landed some really nice photos too. That sort of thing happens more often than not. MM
Yeah, I also noticed that over the past week... wth temps in the high '70's, a light breeze blowing, and a few golden sunsets at the beach... that very few people were talking about moving to Missouri or South Dakota.
Discussion
11 replies(My case is similar too, but since I am 'using' the state
and its benefits by being here, though my intentions are solely a lenghthy visit, I'm obligated to meet those requirements), This is just some of the stuff I found out.
And here it is: If you want to visit California, make sure it is for
less than a sum total of 6 months within 12 consecutive months. So, no 3 months for the fall of one year, and 4 months thru the summer of the next.
And catch this, even if your California visit is only a few months, you can be pulled over and cited only after 15 days. That is if
just your intentions were to stay longer, even if you had NOT done that already, that is just saying what your intentions might be to stay more than six months, they can cite you
after just 15 days. Practically, to be fair, they won't. They want
to catch the long time residents here mooching off the state, who always claim a home elsewhere.
Fair enough, but it does open a can of worms legally for the travelling photographer. Now, if I really heard this correctly from a Calif Hwy Patrol offer yesterday, if you have not abided by the law, that is if you have been in the state for at least a mere 15 days, and your intentions are to stay longer than 6 months
(even though you are not in Calif to take a job or buy a residence), not only are you violating the law by not having the Calif driving requirements, (ie drivers license, car registration and plates), your car can be impounded, and the effect of you driving the the state, even though your home state license is current, is you are DRIVING WITHOUT A LICENSE. The law from my interpretation, is your out of state license is valid during your visit, but only if your intended visit is less than six months. Fortunately, they're reasonably headed in Calif, but let's say you are in the state 3 weeks, and you have a fender bender. The officer asks what you are doing, and you say you've been in the state for three weeks and that your intentions were to continue to visit for more than six months. If I have that right, because of that admission of your intentions, not something you have done, then (I still can believe this) the effect is you got in a wreck without a valid drivers license
or current registration!
The bottom line is if you are visiting California, and you have been there more than 15 days, and an officer pulls you over, and you tell him you came to visit, and that visit is planned to be more than 6 months accumulative out of any 12 consecutive months, legally they can cite you, and you must get your CA drivers license and auto registration or go to court. At that point, I don't think you can even drive out of the state legally without resolving the citation.
If you got to that point, then also I don't know what the income tax obligations would be either, but I'm sure it's another can of worms. I mean, you're here 15 days, you get pulled over, and you admit you had planned on visiting CAlif for more than six months. Even though your visit to that point is only 15 days, does that mean, because simply of your admission of intent, you suddenly have legal state tax obligation? I don't now yet, but what I do know, is few here have the total facts straight, and it's just plain screwy. I mean I just talked to a patrol officer (not the one above), who suggested in my predicament, maybe I should keep two drivers licenses- one for my permanent residence in another state, and another for California. I told him I was a bit skeptical so later I called the state offices. Holding two driver's license is a FEDERAL OFFENSE! Gee whiz- I rest my case!
Also it seems you get stopped alot by police and are worried about fender benders. Maybe you start to drive better.
In the past, this may have been difficult to prove. However, credit/debit card and/or cell phone usage reports can be subpoenaed if they have probable cause and a warrant.
Things would have to go badly awry for it to come to this pass, though.
--P
I think things are already gone awry! I mean geez don't people have anything freakin better to do than to think up all these BS things to complicate people's lives? personally, I really don't don't give a rip whether or not someone takes residence here or not. If you have a legitimate reason for being here, then fine. if that reason becomes something more than temporary, then become a resident. Isn't it just that freakin' simple? I mean if all those ivy league alums up in the capitol need it explained to them, I'd be more than happy to lock them all up in a windowless room and explain it for them. Sometimes I think people come up with nothing but stupid stuff in order to try and justify their existance. Or maybe, no, probably, it's just a way they thought of to get more of people's money!!!!!!!!
Chris
Kent in SD
http://www.dmv.ca.gov/pubs/vctop/d01/vc516.htm
The screwy stuff happens all over, you've got to take it as it comes. I suppose I was venting for the moment with the post. Heck, today, we had a terrific experience, could have wasted a long trip to get to a CA state park, but had forgotten the right pass that we had already paid for. The lady at the gate trusted my story, and admitted us anyway. I landed some really nice photos too. That sort of thing happens more often than not. MM