(a) (1) The notice of delinquent toll evasion violation shall contain the information specified in Section 40254 and, additionally shall contain a notice to the registered owner that, unless the registered owner pays the toll evasion penalty or contests the notice within 30 days after mailing of the notice of delinquent toll evasion violation or completes and files an affidavit of nonliability that complies with Section 40263 or 40264, the renewal of the vehicle registration shall be contingent upon compliance with the notice of delinquent toll evasion violation.

(2) If the toll evasion penalty is not paid as specified in the notice of delinquent toll evasion violation, the issuing agency may notify the department and the department shall refuse to renew that person‘s vehicle registration pursuant to Section 4770. If the registered owner pays the toll, toll evasion penalty, and all related fees, or enters into a payment plan pursuant to Section 40269.5 and makes the first payment, the issuing or processing agency shall notify the department electronically, and the department shall not refuse renewal of the person’s vehicle registration. If the issuing agency subsequently notifies the department electronically that the registered owner is delinquent under the payment plan for more than 10 business days, the department shall refuse to renew the vehicle registration until the registered owner has fully satisfied the terms of the payment plan and the issuing agency has notified the department electronically.

Terms Used In California Vehicle Code 40262 v2

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Vehicle Code 234
  • Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Vehicle Code 290
  • owner: is a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle. See California Vehicle Code 460
  • Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
  • registered owner: is a person registered by the department as the owner of a vehicle. See California Vehicle Code 505
  • toll evasion penalty: includes , but is not limited to, any late payment penalty, administrative fee, fine, assessment, and costs of collection as provided by law. See California Vehicle Code 40252
  • vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670

(3) Notwithstanding paragraph (2), if a registered owner pays the toll, toll evasion penalty, and all related fees, or has entered into a payment plan authorized pursuant to subdivision (e) of Section 40269.5, and meets the agency’s requirements for that payment plan, the issuing or processing agency shall notify the department electronically, and the department shall not refuse renewal of the person’s vehicle registration. If the registered owner is delinquent under the payment plan for more than 10 business days and the issuing agency or processing agency subsequently notifies the department electronically, the department shall refuse to renew the vehicle registration until the registered owner has fully satisfied the terms of the payment plan and the issuing agency and the issuing agency has notified the department electronically.

(b) If the registered owner, by appearance or by mail, makes payment to the processing agency within 15 days of the mailing of the notice of delinquent toll evasion violation, the toll evasion penalty shall consist of the amount of the original penalty without any additional administrative fees or charges.

(c) This section shall become operative on July 1, 2024.

(Repealed (in Sec. 14) and added by Stats. 2022, Ch. 969, Sec. 15. (AB 2594) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)

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