What an Affidavit of Non-Use does and when you need it

An Affidavit of Non-Use is a form you file with the California DMV to tell them you are not using a vehicle and do not plan to use it for a set period. The DMV uses this to suspend your vehicle registration without canceling it outright, which means you can reactivate it later without re-registering from scratch.

You file this form when you want to stop paying registration fees temporarily — for example, if you are storing a car for several months, selling it soon, or letting someone else use it while you keep ownership. The suspension period lasts up to 12 months. When that time ends, you can either renew normally or file another affidavit to extend the suspension.

This is different from canceling your registration. Cancellation ends your registration permanently, and you would have to register the vehicle again if you wanted to drive it later. An affidavit keeps your registration alive but paused.

Key Takeaways

  • An Affidavit of Non-Use suspends your registration for up to 12 months without canceling it, so you can reactivate it later without re-registering.
  • You file Form REG 256 with the DMV, and you must sign it in front of a notary public — your signature alone is not enough.
  • The vehicle cannot be driven on public roads while the affidavit is in effect, and you do not pay registration fees during the suspension period.
  • You can file an affidavit up to 60 days before your registration expires, or within 60 days after it expires.
  • When the suspension ends, you renew your registration the normal way, or file another affidavit to extend the suspension for another 12 months.

Form REG 256 and where to get it

The form you need is Form REG 256, titled "Affidavit of Non-Use of Vehicle." You can read it from the California DMV website at dmv.ca.gov, or pick up a printed copy at any DMV office.

The form asks for your name, driver's license number, the vehicle's license plate number, the vehicle identification number (VIN), and the reason you are not using the vehicle. You also declare under penalty of perjury that the vehicle will not be driven on public roads during the suspension period.

Fill out the form completely before you go to a notary. Blank spaces or incomplete sections can delay processing or cause the DMV to reject it.

Getting the form notarized

Your signature on the affidavit must be notarized — that is, witnessed and certified by a notary public. The notary verifies your identity, watches you sign the form, and stamps it with their official seal. Without notarization, the DMV will not accept the form.

You can find notaries at banks, credit unions, UPS stores, some pharmacies, and independent notary offices. Many charge $5 to $15 per signature. Bring a photo ID (driver's license, passport, or state ID) when you go, because the notary will ask to see it.

Some DMV offices have notaries on site, though availability varies by location. Call ahead to ask whether your local office offers notary services before you make the trip.

Filing important date and timing

You can file an Affidavit of Non-Use up to 60 days before your registration expires, or within 60 days after it expires. If you miss both windows, you cannot use an affidavit — you would have to renew your registration normally instead.

The suspension takes effect on the date the DMV receives your form, not the date you sign it. Processing usually takes two to four weeks. During that time, your old registration is still technically active, so do not drive the vehicle until you receive confirmation from the DMV that the affidavit has been filed.

Once the affidavit is in effect, the suspension lasts for 12 months from the date it was filed. You do not pay registration fees during this period.

How to submit the form to the DMV

You have three options: mail it, deliver it in person, or use the DMV's online system if you have a California driver's license and the vehicle is registered in your name.

To mail it, send the notarized form to the DMV address listed on the form itself. Include your name and address so the DMV can send you a confirmation. Mail delivery takes one to two weeks, plus processing time.

To file in person, bring the notarized form to any DMV office. You do not need an appointment for this transaction. Bring your driver's license or state ID.

To file online, log into your DMV account at dmv.ca.gov, go to the registration section, and look for the non-use option. You will need to upload a photo of the notarized form. Online filing is usually the fastest route.

What happens after you file

The DMV will send you a confirmation letter showing that your registration has been suspended. Keep this letter — you may need it if you are stopped by police or if you need to prove the vehicle is not in use.

While the affidavit is in effect, you cannot drive the vehicle on public roads. If you do drive it, you are operating an unregistered vehicle, which is a violation. You also cannot transfer the registration to someone else while it is suspended.

You can still keep the vehicle insured if you want, though some insurers offer lower rates for vehicles that are not in use. Check with your insurance company about non-use discounts.

Reactivating your registration when the suspension ends

When the 12-month suspension period ends, you have two choices: renew your registration or file another affidavit to extend the suspension.

To renew, the DMV will send you a renewal notice about 60 days before the suspension expires. You can renew online, by mail, or in person, just like a normal registration renewal. You will pay the standard registration fee.

To extend the suspension, file another Form REG 256 before the current suspension expires. You will need to have it notarized again. You can extend the suspension up to two times, for a total of three years of non-use.

If you want to drive the vehicle before the suspension ends, you cannot straightforward start driving it. You must renew your registration first, even if the suspension period has not expired yet. Contact the DMV to find out how to renew early.

Frequently Asked Questions

Can I drive the vehicle while the affidavit is being processed?

No. Once you file the affidavit, you should not drive the vehicle on public roads. The suspension takes effect when the DMV receives the form, not when you sign it. If you are stopped before the DMV confirms the filing, you could be cited for driving an unregistered vehicle.

What if I need to use the vehicle before the 12 months are up?

Contact the DMV and ask to renew your registration early. You will pay the full registration fee. The DMV can usually process an early renewal within a few days if you do it online or in person.

Can I file an affidavit if my registration has already expired?

Yes, but only within 60 days after the expiration date. If more than 60 days have passed, you must renew your registration instead. You cannot use an affidavit to cover a registration that has been expired for more than two months.

Do I have to notify my insurance company?

You should tell your insurer that the vehicle is not in use. Some policies automatically lapse if the vehicle is not driven for a certain period. Your insurer may offer a lower rate for a non-use vehicle, or they may recommend suspending coverage temporarily.

What if I sell the vehicle while the affidavit is in effect?

You must renew the registration before you can transfer it to the buyer. The affidavit suspends the registration but does not allow transfers. Contact the DMV to renew early, then complete the sale and transfer the title normally.