Your registration expires Friday, the car just failed smog, and the repair shop in Rancho Cordova cannot get the part until next week. You still need to get to work. This is the exact situation a temporary operating permit in California was made for.
A TOP lets you legally drive for a limited time while something outside your control holds up your plates or stickers. It is not a loophole, though, and there are firm rules about who can get one, how long it lasts and how often. Here is how it works, in plain language, from the team at Arden Auto Reg, a licensed DMV business partner in Sacramento.
What a Temporary Operating Permit in California Actually Is
The DMV describes a TOP as a permit that allows you to operate a vehicle when all registration fees have been paid, but plates and/or stickers have not been issued yet. It is a two-part form (REG 19F) with a validating sticker (REG 19S).
Two points matter most:
- Fees come first. A DMV TOP is only issued after the registration fees due are paid. Use tax usually does not have to be paid to get one, as long as all other fees are.
- It is for specific situations. The DMV lists the circumstances where a TOP can be issued. If yours is not on the list, the answer is usually a one-day moving permit instead.
The Most Common Case: A Temporary Permit While Waiting for Smog
Most people asking about a TOP have a car that failed its biennial Smog Check at renewal time. The DMV has a special TOP for this. To get a temporary permit while waiting for smog repairs, you need:
- Your registration renewal fees paid
- The failed smog inspection report
- Proof of insurance
- A $50 nonrefundable TOP fee
The $50 fee is waived if you bring a Letter of Eligibility from the Bureau of Automotive Repair (BAR) showing you were approved for the Consumer Assistance Program repair option.
The 60-day clock starts earlier than you think
This TOP is valid for 60 days from the registration expiration date, or from the date the car was taken off Planned Non-Operation. It is not 60 days from the day you pick it up. So if your registration expired on March 1 and you come in on April 10, the permit still ends 60 days after March 1.
If you wait past that 60-day window, the DMV will not issue this TOP at all. Only a one-day vehicle moving permit is available at that point.
Once every two years
Only one biennial smog TOP can be issued to the same vehicle within a two-year period. If you used one at your last renewal, plan your repairs carefully this time. If you are still weighing whether the car is worth fixing, our guide to your options after a failed smog check covers repair assistance, retirement and more.
Other Situations Where You Can Get a TOP
Smog is the headline, but the DMV also allows TOPs in a handful of other cases. The length depends on the reason.
| Permit | Common situations |
|---|---|
| One-time 30-day TOP | Out-of-state vehicle with an incomplete application, impounded vehicle with fees paid, vehicle referred to CHP for a VIN inspection, trouble passing an original or transfer smog with a BAR referee appointment or parts on order |
| One-time 60-day TOP | Failed original or transfer smog (60 days from the failed test), revived salvage vehicle with fees paid and brake and lamp certificates, special interest plates ordered by mail |
| One-time 90-day TOP | Application sent to DMV headquarters while plates and stickers are issued, or while personalized plates are made |
| One-day moving permit | Moving a car to a repair shop, smog station, inspection or new storage spot |
The 30-day TOP is common for new residents. If you just moved to Folsom or Elk Grove from another state and your California application is waiting on a VIN inspection or smog, a TOP can keep you legal while you finish. Our guide on registering a car after moving to California walks through the full process.
Buyers run into the transfer smog version. If you bought from a private party and the car fails the change-of-ownership smog, you can get a 60-day TOP once the fees are paid. See how to register a used car from a private seller for the paperwork side. Rebuilt cars have their own path too, covered in our post on registering a revived salvage vehicle.
When You Cannot Get a TOP
These are the situations where the answer is no:
- Fees are not paid. No payment, no permit.
- Insurance is missing. The DMV will not issue a TOP when proof of insurance is required and has not been submitted.
- You already used a smog TOP. The biennial smog TOP is limited to one per vehicle every two years.
- You are past the 60-day window. For a biennial smog failure, more than 60 days after expiration or PNO removal means moving permit only.
- The vehicle needs a brake and lamp inspection certificate. The DMV says a TOP cannot be issued in that case. Only a one-day moving permit is available.
The One-Day Moving Permit
When a TOP is not possible, the Vehicle Moving Permit (REG 172) often fills the gap. It is a free moving permit that is good for one day. You can use it to move a vehicle:
- To or from a repair shop
- To a smog station for inspection
- For a DMV or CHP inspection, or a VIN verification
- From one storage location to another
- For weighing, or to get a brake and lamp inspection
- Out of an impound yard, or to a dismantler
You pick the date of movement, and it must be within 60 days of when the permit was issued. The date must be filled in before you drive. There is a catch: the DMV only issues a moving permit when the vehicle has PNO on file, is exempt from PNO, or has current fees paid. It cannot be issued if fees are due.
So if you are trying to drive while registration is pending for weeks, the moving permit is not the answer. It is for one specific trip, like getting the car down Highway 50 to the smog shop.
How to Get a Temporary Operating Permit, Step by Step
Step 1: Figure out why the registration is held up
Is it a biennial smog failure, a transfer smog failure, a pending VIN inspection, or plates being made? The reason decides which TOP you qualify for and how long it lasts.
Step 2: Pay the registration fees
Every TOP requires the fees due to be paid. If your renewal is already late, penalties apply, since California has no grace period.
Step 3: Gather your documents
- Renewal notice or registration paperwork
- Failed smog inspection report, if smog is the issue
- Proof of California insurance
- BAR Letter of Eligibility, if you have one, to waive the $50 smog TOP fee
- Any related paperwork, such as a BAR referee appointment or parts order
Step 4: Get the permit issued
Visit a DMV office or a DMV business partner that issues TOPs. You leave with the permit and sticker the same day.
Step 5: Fix the underlying problem before it expires
A TOP buys time. It does not solve anything on its own. Book the repair, pass the smog, or finish the inspection well before the end date.
What It Costs
The DMV lists a $50 nonrefundable fee for the biennial smog TOP, unless you qualify for the CAP waiver. The cost for other TOP situations depends on your transaction, and you still owe the regular registration fees and any penalties. If you use a business partner like us, there is also a service fee on top of DMV fees. We will give you an exact total before anything is processed. To explore your temporary permit options or discuss same-day registration solutions, browse our full range of vehicle registration services or visit our Sacramento office.
Common Mistakes to Avoid
Assuming the 60 days start today. For a smog TOP, the clock usually starts at your registration expiration date.
Waiting too long to ask. Show up after the 60-day window and the smog TOP is off the table.
Letting insurance lapse. No proof of insurance on file means no TOP.
Using a moving permit like a TOP. A REG 172 covers one day and one purpose. Running errands on it can lead to a citation.
Forgetting the once-every-two-years limit. If your car is borderline on smog every cycle, deal with repairs early.
How Arden Auto Reg Can Help
As a licensed DMV business partner, we can issue TOPs at our Sacramento office for qualifying situations, along with renewals, transfers and out-of-state registrations. Bring your failed smog report, insurance card and renewal notice, and we will check your record, tell you which permit you qualify for and process it while you wait.
If a TOP is not an option, we will tell you why and explain what comes next. Our service fees are higher than going directly to the DMV, and we are upfront about that. What you get is a shorter wait and someone who can look at your exact situation.
Frequently Asked Questions
How long does a temporary operating permit last?
It depends on the reason. The DMV issues 30-day, 60-day and 90-day TOPs, and the biennial smog TOP runs 60 days from your registration expiration date or PNO removal date.
How much is a TOP for a failed smog check?
The DMV lists a $50 nonrefundable fee, waived if you have a BAR Consumer Assistance Program Letter of Eligibility for repair assistance.
Can I get a second smog TOP?
Not within two years. The DMV allows only one biennial smog TOP per vehicle in a two-year period.
Can I get a TOP if my registration expired months ago?
For a biennial smog failure, not if more than 60 days have passed since expiration. A one-day moving permit may still be possible once fees are current.
Do I need insurance to get a TOP?
Yes. The DMV will not issue a TOP when required proof of insurance has not been submitted.
Conclusion
A temporary operating permit in California keeps you legal while a smog repair, inspection or plate order is in progress. Pay your fees, have your failed smog report and insurance ready, and know that the smog TOP clock starts at expiration, not the day you apply. If a TOP is not possible, the one-day moving permit can still get the car where it needs to go.
Need a TOP? Visit Arden Auto Reg in Sacramento
Do not risk a ticket on expired tags while your car is in the shop. Stop by with your paperwork Monday through Friday 9am to 5pm or Saturday 9:30am to 3:30pm, call (916) 272-3131, or book an appointment and we will get your permit handled.
