What a Non-Use Affidavit Does and When You Need One
A non-use affidavit is a form you file with the California DMV to tell them you are not driving a vehicle and do not want to renew its registration. The DMV calls this form the Statement Regarding Non-Operation of a Vehicle (REG 256). Filing it stops your registration from expiring and saves you the renewal fee — but only if your vehicle truly sits unused and you do not plan to drive it on public roads.
You file this form when you own a car, truck, or motorcycle that you are keeping but not using. Common reasons include storing a vehicle for the winter, keeping a second car while you travel, or holding onto a vehicle you plan to repair later. The non-use affidavit keeps your registration current without the cost of renewal, and it protects you if the vehicle is parked on your property and someone else causes damage with it.
Do not file a non-use affidavit if you plan to drive the vehicle at all during the registration period — even once. The form is only for vehicles that will not touch a public road. If you drive it and get stopped, you will face a citation for expired registration, and the non-use affidavit will not protect you.
Key Takeaways
- File form REG 256 (Statement Regarding Non-Operation of a Vehicle) with the DMV to keep your registration current without paying the renewal fee.
- You must file the form before your current registration expires, and you can file it online, by mail, or in person at a DMV office.
- The non-use status lasts for one year; you must file a new affidavit each year if the vehicle remains unused, or file a notice of intent to operate if you plan to drive it again.
- If you drive the vehicle on a public road while it has non-use status, you are breaking the law and can be cited for expired registration.
How to File the Non-Use Affidavit Before Your Registration Expires
You must file form REG 256 before your current registration expires. The DMV will not accept it after the expiration date has passed. Check your registration card or renewal notice to find your expiration month and year, then file at least a few weeks before that date to leave time for processing.
You have three ways to file: online through the DMV website, by mail to your local DMV office, or in person at a DMV office. Online filing is the fastest — you can complete it in minutes and the DMV processes it when ready. If you file by mail, include your vehicle registration card, a signed statement that the vehicle will not be operated on public roads, and your signature. Mail it to the DMV office that serves your county; the address is on the DMV website.
If you file in person, bring your vehicle registration card and a photo ID. The DMV staff will have you sign the form and will process it on the spot. No fee applies to file a non-use affidavit.
What Information You Need to Provide
The form asks for your vehicle identification number (VIN), license plate number, current registration expiration date, and your signature. You will also need to state that the vehicle will not be operated on public roads during the non-use period. The DMV uses this information to mark your registration as non-use in their system and to send you a new registration card reflecting that status.
If you are filing by mail, write clearly and sign the form in ink. If you are filing online, the DMV website will walk you through each field. You do not need to provide a reason for the non-use — the form does not ask why the vehicle is not being driven, only that it will not be.
How Long Non-Use Status Lasts and What Happens After
Non-use status lasts for one year from the date the DMV approves your affidavit. After one year, your registration will expire again. If the vehicle is still not being used, you must file a new non-use affidavit before the expiration date. If you plan to drive the vehicle again, you must file a Notice of Intent to Operate (form REG 256A) before you put it back on the road.
You can file as many non-use affidavits as you need over the years. Some people keep vehicles in storage for many years and file a new affidavit each year. Each time, the process is the same: file before expiration, pay no fee, and the registration stays current.
If you forget to file a new affidavit and your registration expires, you cannot straightforward file a non-use affidavit after the fact. You will have to renew the registration normally and pay the renewal fee. The DMV will not backdate a non-use affidavit to cover a period when the registration was already expired.
What Happens If You Drive the Vehicle While It Has Non-Use Status
Driving a vehicle on a public road while it has non-use status is a violation of California Vehicle Code Section 4160. If you are stopped by law enforcement, you can be cited for operating a vehicle with expired registration. The citation carries a fine, and you will have to show proof that you have renewed the registration or filed a new non-use affidavit to resolve it.
Non-use status does not mean you can drive the vehicle anywhere — it means you cannot drive it on public roads at all. You can move it on private property, such as within your driveway or a private parking lot, but the moment it touches a public street, highway, or parking area open to the public, you are in violation.
If you need to drive the vehicle to a repair shop, a DMV office, or anywhere else on a public road, file the Notice of Intent to Operate (form REG 256A) first. This restores your registration to active status and allows you to drive legally. You can file this form online, by mail, or in person, and there is no fee.
Filing Online, by Mail, or In Person: Which Route Is Fastest
Online filing through the California DMV website is the fastest option. You can complete the form in a few minutes, and the DMV processes it when ready. Your new registration card will arrive by mail within one to two weeks. This is the best choice if your registration expiration date is still several weeks away.
Filing by mail takes longer — typically two to four weeks from the time the DMV receives your form. Mail your completed form REG 256, your registration card, and a signed statement to the DMV office that serves your county. Include a return envelope if you want your registration card back quickly. This option works if you have time before your expiration date.
Filing in person at a DMV office is also fast — you walk out with your new registration card the same day. However, you will need to wait in line and make a trip to the office. This is useful if your expiration date is very soon or if you prefer to handle it face-to-face.
When You Cannot Use a Non-Use Affidavit
You cannot file a non-use affidavit if your vehicle is financed or leased. The lienholder (the bank or finance company) or lessor owns the vehicle and controls its registration. You must contact them to discuss your options — they may allow you to suspend the registration or may require you to keep it active.
You also cannot use a non-use affidavit if the vehicle is registered as a commercial vehicle, a taxi, or a vehicle used for hire. These vehicles must maintain active registration at all times. Similarly, if your vehicle is registered with a disabled person license plate or placard, you cannot file a non-use affidavit — the registration must stay active.
If you are unsure whether your vehicle is may be able to access, contact the DMV by phone or visit a local office. The staff can check your registration and tell you whether a non-use affidavit is an option for you.
Frequently Asked Questions
Can I file a non-use affidavit after my registration has already expired?
No. The DMV will not accept a non-use affidavit once your registration has expired. You must file it before the expiration date. If your registration is already expired, you will have to renew it normally and pay the renewal fee. After that, you can file a non-use affidavit for the next registration period.
Do I need to file a non-use affidavit every year?
Yes, if the vehicle remains unused. Non-use status lasts one year. Before it expires, you must file a new affidavit to keep the registration current without paying a renewal fee. If you do not file a new affidavit and do not renew, your registration will expire and you cannot drive the vehicle.
What is the difference between a non-use affidavit and a Notice of Intent to Operate?
A non-use affidavit (form REG 256) tells the DMV the vehicle will not be driven and keeps the registration current without a renewal fee. A Notice of Intent to Operate (form REG 256A) restores active registration status when you plan to drive the vehicle again. File the affidavit to stop driving; file the notice when you want to start driving again.
Will filing a non-use affidavit affect my insurance?
That depends on your insurance company. Some insurers allow you to suspend or reduce coverage while a vehicle has non-use status. Contact your insurance agent to discuss your options. You may be able to lower your premium while the vehicle is not being driven, but do not drop coverage entirely without asking your agent first.
Can I file a non-use affidavit for a vehicle I am selling?
No. If you are selling the vehicle, you should transfer the registration to the buyer or surrender it to the DMV. A non-use affidavit is only for vehicles you own and plan to keep but not drive. Once you sell it, the new owner is responsible for the registration.