Buzard v. Justice Court

[816]

STONE, J.

Petitioner is an officer in the United States Air Force, whose jpermanent duty station is Castle Air Force Base, Merced County, California. While on temporary duty in the State of Alabama, he purchased a used automobile, which he returned with him to Castle. He drove it upon the public highways of California, and was arrested for failing to register the car as required by Vehicle Code section 4000. A complaint was filed in the Atwater Judicial District Court, his demurrer thereto was overruled, and the ease was set for trial. He then petitioned the Superior Court of the County of Merced for a writ of prohibition, praying that the justice court be restrained from proceeding with the trial. His ground was that Vehicle Code section 4000 is unconstitutional insofar as it requires him, a serviceman, to pay a license fee. The superior court issued an alternative writ of prohibition, the district attorney demurred to the petition, the matter was argued and the superior court, without written opinion, entered an order denying the petition for writ of prohibition. Petitioner then appealed to this court, again upon the ground that the provisions of section 4000 of Vehicle Code are unconstitutional.

In his brief, however, petitioner does not attack the constitutionality of Vehicle Code section 4000 as such, rather it is his contention that Vehicle Code sections 6700, 6701 and 6705, relating to military exemptions, do not exempt military personnel who purchase motor vehicles in another State while there on temporary assignment. In substance, petitioner’s argument is that since Vehicle Code sections 6700 et seq. exempt certain military personnel from registration, but not those in his classification, Vehicle Code section 4000 which requires registration is unconstitutional as to him.

Vehicle Code section 4000, as far as here pertinent, reads as follows: “No person shall drive, move, or leave standing any motor vehicle, trailer, semitrailer, pole or pipe dolly, or auxiliary dolly upon a highway unless it is registered and the appropriate fees have been paid under this code. ’ ’

It is apparent that Vehicle Code 4000 does not fix any vehicle license fee, it simply requires the payment of “appropriate fees.” Actually, vehicle license fees are fixed by Revenue and Taxation Code sections 10751 et seq. Certain persons in military service are exempted from the obligation of paying a license fee. These exemptions are determined by Vehicle Code sections 6700, 6701 and 6705, not section 4000. Furthermore, it is not the purpose