What an Affidavit of Non-Use Does
An Affidavit of Non-Use is a form you file with the California DMV to tell them you are not driving a vehicle and do not plan to drive it for a while. You file it instead of renewing your vehicle registration. The DMV will suspend your registration without charging you renewal fees, and you will not have to pay penalties for letting it lapse.
This is useful if you own a car but are not using it — perhaps you are moving out of state, storing the vehicle long-term, or the car is not in working condition. Without an Affidavit of Non-Use, your registration will expire and you will owe late fees if you want to register it again later. With the affidavit, you can bring the vehicle back into use without those penalties.
The affidavit does not cancel your registration permanently. It suspends it. When you are ready to drive the vehicle again, you can reactivate your registration by paying the renewal fees that would have been due.
Key Takeaways
- An Affidavit of Non-Use suspends your vehicle registration so you do not pay renewal fees while the car is not in use.
- You file the form with the DMV before your registration expires, and you must have a valid smog certification if your vehicle requires one.
- You can file online through the DMV website, by mail, or in person at a DMV office.
- When you want to drive the vehicle again, you reactivate the registration by paying the renewal fees and providing an updated smog certificate if needed.
- If you file the affidavit after your registration has already expired, you will owe late fees and penalties when you reactivate.
When You Should File an Affidavit of Non-Use
File an Affidavit of Non-Use before your vehicle registration expires. The best time is when you receive your registration renewal notice from the DMV, usually 60 days before expiration. If you wait until after the expiration date, you will owe late fees and penalties when you reactivate the registration.
You should file if you will not be driving the vehicle for at least several months. If you plan to use it again within a few weeks, renewing normally is usually simpler than filing an affidavit and then reactivating. There is no minimum length of time the vehicle must sit unused, but the DMV expects the affidavit to reflect a genuine period of non-use, not a way to avoid paying registration fees you will owe anyway.
Do not file an Affidavit of Non-Use if you are selling the vehicle. Instead, file a Notice of Release of Liability (Form REG 138) to protect yourself from liability if the new owner gets into an accident. If you are scrapping or donating the vehicle, contact the DMV about the correct form for that situation.
Documents and Smog Requirements
To file an Affidavit of Non-Use, you need your vehicle registration card and your vehicle identification number (VIN). If your vehicle requires a smog certification — which applies to most vehicles in California that are model year 1975 or newer — you must provide a current smog certificate dated within the past 30 days. This is true even though you are not driving the vehicle.
If your vehicle is exempt from smog testing (for example, if it is a classic car or a new electric vehicle), you do not need a smog certificate. Check the DMV website or call your local DMV office if you are unsure whether your vehicle requires one.
You do not need to provide proof of insurance to file an Affidavit of Non-Use, but you should keep your insurance policy active if the vehicle is parked on a public street or if you have a loan on it. Your lender may require continuous coverage.
How to File Online, by Mail, or In Person
The fastest way to file is online through the California DMV website. Go to dmv.ca.gov, find the Affidavit of Non-Use form (Form REG 42), and follow the instructions to submit it electronically. You will need to upload an image of your smog certificate if required. Online filing usually takes a few minutes and you will receive confirmation when ready.
You can also print Form REG 42 from the DMV website and mail it to the address listed on the form, along with a copy of your smog certificate. Mail processing takes two to four weeks. Include a check or money order if there is a filing fee, though many Affidavits of Non-Use have no fee.
If you prefer to file in person, bring your registration card, your smog certificate (if required), and the completed Form REG 42 to any DMV office. Bring your driver's license or ID as well. In-person filing is processed the same day in most cases, though you may wait in line.
What Happens After You File
Once the DMV receives and processes your Affidavit of Non-Use, your registration will be suspended. You will not receive a renewal notice, and you will not owe registration fees while the affidavit is in effect. You will not be able to legally drive the vehicle during this time.
Keep a copy of your filed affidavit for your records. The DMV will keep a record in their system, but having your own copy helps if you need to prove you filed it.
Your vehicle registration will remain suspended until you reactivate it. There is no time limit — you can leave it suspended for one year or five years. However, if you want to drive the vehicle again, you must reactivate before you can legally operate it on public roads.
How to Reactivate Your Registration
When you are ready to drive the vehicle again, you must reactivate your registration. You will need to pay the renewal fees that would have been due since the affidavit was filed. For example, if you filed an affidavit two years ago and now want to drive the car, you will owe two years of renewal fees.
You will also need a current smog certificate if your vehicle requires one. Get the smog test done within 30 days before you reactivate. Then file a form with the DMV to reactivate — you can do this online, by mail, or in person using the same methods as filing the original affidavit.
Once you reactivate, your registration is active again and you can legally drive the vehicle. You will receive a new registration card and renewal notices going forward.
Scams and Safety Information
Be cautious of websites that claim to file an Affidavit of Non-Use for you for a fee. The DMV form is free and you can file it yourself online in minutes. Any third-party service charging you to submit a form to the DMV is taking your money without providing value. The only exception is if you hire a licensed vehicle registration service for other reasons and they file this form as part of a larger service.
Do not file an Affidavit of Non-Use if you are still driving the vehicle or plan to drive it soon. Filing a false affidavit is fraud and can result in fines or criminal charges. The DMV can audit registrations and will investigate if they suspect misuse.
If you receive a notice from the DMV saying your affidavit was rejected, read the reason carefully. Common reasons include a missing or expired smog certificate, an incomplete form, or filing after the registration already expired. Contact the DMV to correct the issue and resubmit.
Frequently Asked Questions
Can I file an Affidavit of Non-Use if my registration has already expired?
You can file, but you will owe late fees and penalties when you reactivate the registration. It is much better to file before the expiration date. If your registration has already expired, contact the DMV to find out the exact amount you will owe.
Do I need insurance while the affidavit is in effect?
You do not need active insurance to file the affidavit, but check your loan agreement if you have one — many lenders require continuous coverage. If the vehicle is parked on a public street, your city or county may require insurance. It is safest to keep a basic policy active.
What if I sell the vehicle while the affidavit is in effect?
Contact the DMV before selling. You will need to reactivate the registration first, or the new owner will have to deal with the suspended registration. File a Notice of Release of Liability at the same time to protect yourself from liability.
How long does it take to reactivate my registration?
Online reactivation is processed when ready. Mail takes two to four weeks. In-person filing at a DMV office is usually processed the same day. You cannot legally drive the vehicle until the reactivation is complete.
Will filing an Affidavit of Non-Use affect my driving record or insurance rates?
No. An Affidavit of Non-Use is a registration matter only and does not appear on your driving record. It should not affect your insurance rates, though you should notify your insurance company that the vehicle is not in use.