Cal. Code Regs. tit. 13 § 160.04

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 160.04 - License Plate Program Sponsor Application

At the time a plate program is requested, the sponsor shall:

(a) Submit to the department a CA Department of Motor Vehicles License Plate Template, form REG 933 (VER. 9/6/2016), incorporated here by reference, specifying the proposed plate design containing a distinctive design, decal or descriptive message that meets all of the following:

(1) A message of no more than 5/8^th inch high and 5 inches wide to be printed beneath the registration number, and that uses four colors or fewer, that are distinct from the color used by the department for the registration number.

(2) Does not contain copyrighted material, or the commercial property, logo, slogan, message or motto of a non-governmental entity, either for-profit or non-profit, unless a valid Licensing Agreement or other evidence demonstrates the use of the material on a plate is authorized by the copyright or trademark holder(s);

(3) Incorporates the location, font and the size of the word "California" or "Cal" in current use by the department;

(4) The design must meet the following standards after testing by the Department of California Highway Patrol (CHP):

(A) The registration number must be clear and legible to a person with 20/20 vision in daylight from a distance of 75 feet, and in darkness with low-beam headlamps from 75 feet; and

(B) The registration number must be able to be accurately perceived by Automated License Plate Reader technology in use in California from a distance of 35 feet at daytime, dusk and nighttime.

(5) The image and message contain content that is required by the Vehicle Code and is suitable as government speech in the estimation of the department.

(b) The sponsor must agree in writing that it will waive any claims against the department and will indemnify and hold harmless the State of California, including the California Department of Motor Vehicles, from and against any and all claims, liabilities, costs, and expenses stemming from the issuance of the plate, including but not limited to responding to claims that the selected design causes injury to the civil or property, including intellectual property, rights of any person.

(c) The sponsor must develop and submit to the department for approval all marketing materials including but not limited to:

(1) All marketing tools, such as written or print documents or brochures, webpages, e-mail or electronic solicitation, mass media usage, or other tools, to be used in the marketing campaign for the proposed plate program;

(2) Samples of all written or electronic messages or images suitable for a brochure, e-mail and marketing materials that will be used to solicit potential participants; and

(d) The sponsor must submit to the department a financial plan stating the intended use of the revenue generated by the license plate program. The financial plan shall itemize expected administrative costs and, marketing expenditures, as defined in section 160.00, and promotional activity expenditures, the sponsor will incur.

Cal. Code Regs. Tit. 13, § 160.04

1. New section filed 11-20-2017; operative 1-1-2018 (Register 2017, No. 47).
2. Amendment of section and NOTE filed 7-26-2023; operative 10-1-2023 (Register 2023, No. 30).

Note: Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Sections 4850, 4851, 5024, 5105, 5155, 5156, 5159 and 5160, Vehicle Code; and Walker v. Texas 135 S.Ct. 2239 (2015).

1. New section filed 11-20-2017; operative 1/1/2018 (Register 2017, No. 47).
2. Amendment of section and NOTE filed 7-26-2023; operative 10/1/2023 (Register 2023, No. 30).