O.N.C. Freight Systems v. Department of Motor Vehicles

*15 Opinion

Plaintiffs and appellants O.N.C. Freight Systems and McLean Trucking Company filed a complaint for declaratory relief in the Superior Court of San Francisco County naming respondent herein, the Department of Motor Vehicles, as defendant. The matter was submitted to the trial court on stipulations of fact and law. The trial court found in favor of the Department of Motor Vehicles on all issues raised by the complaint and judgment was entered in favor of the Department of Motor Vehicles. Appellants filed a timely notice of appeal from the judgment.

O.N.C. Freight Systems (hereinafter ONC) is a California corporation engaged in the commercial trucking business. Sometime before December 31, 1978, ONC filed an application with the Department of Motor Vehicles (hereinafter DMV) to prorate register certain of its fleet vehicles for the 1979 calendar year. Based upon said application, DMV issued ONC prorate registration for the 1979 calendar year and ONC paid the assessed fees.

McLean Trucking Company (hereinafter McLean) is a North Carolina corporation that is engaged in commercial trucking in interstate commerce. Following approval of a temporary transfer of operating…