Section § 40610

Explanation

If you're stopped by the police for a vehicle issue like registration, license, or equipment, and it's not a serious problem, you'll get a notice to fix it. You'll need to prove you fixed it to avoid further action.

If they arrest you for not having your vehicle's registration documents, you'll also get a notice, unless it's serious, in which case they might give you a court date instead.

They won't give a notice to fix if there's fraud, it's dangerous, or you can't fix it quickly. Instead, they might take stronger action.

The notice to fix will say how long you have to make the repair, usually 30 days. This law is only in place until January 1, 2027.

(a)Copy CA Vehicle Code § 40610(a)
(1)Copy CA Vehicle Code § 40610(a)(1) Except as provided in paragraph (2), if, after an arrest, crash investigation, or other law enforcement action, it appears that a violation has occurred involving a registration, license, all-terrain vehicle safety certificate, or mechanical requirement of this code, and none of the disqualifying conditions set forth in subdivision (b) exist and the investigating officer decides to take enforcement action, the officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator’s promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency.
(2)CA Vehicle Code § 40610(a)(2) If a person is arrested for a violation of Section 4454, and none of the disqualifying conditions set forth in subdivision (b) exist, the arresting officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator’s promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency. In lieu of issuing a notice to correct violation pursuant to this section, the officer may issue a notice to appear, as specified in Section 40522.
(b)CA Vehicle Code § 40610(b) Pursuant to subdivision (a), a notice to correct violation shall be issued as provided in this section or a notice to appear shall be issued as provided in Section 40522, unless the officer finds any of the following:
(1)CA Vehicle Code § 40610(b)(1) Evidence of fraud or persistent neglect.
(2)CA Vehicle Code § 40610(b)(2) The violation presents an immediate safety hazard.
(3)CA Vehicle Code § 40610(b)(3) The violator does not agree to, or cannot, promptly correct the violation.
(4)CA Vehicle Code § 40610(b)(4) The violation cited is of subdivision (a) of Section 27151 for a motorcycle.
(c)CA Vehicle Code § 40610(c) If any of the conditions set forth in subdivision (b) exist, the procedures specified in this section or Section 40522 are inapplicable, and the officer may take other appropriate enforcement action.
(d)CA Vehicle Code § 40610(d) Except as otherwise provided in subdivision (a), the notice to correct violation shall be on a form approved by the Judicial Council and, in addition to the owner’s or operator’s address and identifying information, shall contain an estimate of the reasonable time required for correction and proof of correction of the particular defect, not to exceed 30 days, or 90 days for the all-terrain vehicle safety certificate.
(e)CA Vehicle Code § 40610(e) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Section § 40610

Explanation

This section explains what happens if someone is found in violation of certain vehicle regulations, like registration or mechanical issues, without serious disqualifying conditions like fraud, immediate safety hazards, or inability to fix the problem. In these cases, police will issue a notice to fix the issue and provide proof within a set time. If disqualifying conditions exist, regular correction procedures don't apply, and officers can take other actions. The process must be documented and follows specific guidelines, becoming effective in 2027.

(a)Copy CA Vehicle Code § 40610(a)
(1)Copy CA Vehicle Code § 40610(a)(1) Except as provided in paragraph (2), if, after an arrest, crash investigation, or other law enforcement action, it appears that a violation has occurred involving a registration, license, all-terrain vehicle safety certificate, or mechanical requirement of this code, and none of the disqualifying conditions set forth in subdivision (b) exist and the investigating officer decides to take enforcement action, the officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator’s promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency.
(2)CA Vehicle Code § 40610(a)(2) If a person is arrested for a violation of Section 4454, and none of the disqualifying conditions set forth in subdivision (b) exist, the arresting officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator’s promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency. In lieu of issuing a notice to correct violation pursuant to this section, the officer may issue a notice to appear, as specified in Section 40522.
(b)CA Vehicle Code § 40610(b) Pursuant to subdivision (a), a notice to correct violation shall be issued as provided in this section or a notice to appear shall be issued as provided in Section 40522, unless the officer finds any of the following:
(1)CA Vehicle Code § 40610(b)(1) Evidence of fraud or persistent neglect.
(2)CA Vehicle Code § 40610(b)(2) The violation presents an immediate safety hazard.
(3)CA Vehicle Code § 40610(b)(3) The violator does not agree to, or cannot, promptly correct the violation.
(c)CA Vehicle Code § 40610(c) If any of the conditions set forth in subdivision (b) exist, the procedures specified in this section or Section 40522 are inapplicable, and the officer may take other appropriate enforcement action.
(d)CA Vehicle Code § 40610(d) Except as otherwise provided in subdivision (a), the notice to correct violation shall be on a form approved by the Judicial Council and, in addition to the owner’s or operator’s address and identifying information, shall contain an estimate of the reasonable time required for correction and proof of correction of the particular defect, not to exceed 30 days, or 90 days for the all-terrain vehicle safety certificate.
(e)CA Vehicle Code § 40610(e) This section shall become operative on January 1, 2027.

Section § 40611

Explanation

This statute outlines the fees and distribution of funds when someone corrects a specific traffic violation in California. If you correct a violation of driving without a license, not showing your driver's license, or not having proof of insurance, you'll have to pay a $25 fee for each issue. Once collected, this fee is split among local and state funds. Specifically, $10 of each fee is shared among the local government where the citation was issued, the State Penalty Fund, and the county general fund. The rest goes to the State Court Facilities Construction Fund. Additionally, no fee is charged if the notice wasn't sent to the court and was only handled by the citing agency.

(a)CA Vehicle Code § 40611(a) Upon proof of correction of an alleged violation of Section 12500 or 12951, or any violation cited pursuant to Section 40610, or upon submission of evidence of financial responsibility pursuant to subdivision (e) of Section 16028, the clerk shall collect a twenty-five-dollar ($25) transaction fee for each violation. The fees shall be deposited by the clerk in accordance with Section 68084 of the Government Code.
(b)Copy CA Vehicle Code § 40611(b)
(1)Copy CA Vehicle Code § 40611(b)(1) For each citation, ten dollars ($10) shall be allocated monthly as follows:
(A)CA Vehicle Code § 40611(b)(1)(A) Thirty-three percent shall be transferred to the local governmental entity in whose jurisdiction the citation was issued for deposit in the general fund of the entity.
(B)CA Vehicle Code § 40611(b)(1)(B) Thirty-four percent shall be transferred to the State Treasury for deposit in the State Penalty Fund established by Section 1464 of the Penal Code.
(C)CA Vehicle Code § 40611(b)(1)(C) Thirty-three percent shall be deposited in the county general fund.
(2)CA Vehicle Code § 40611(b)(2) The remainder of the fees collected on each citation shall be deposited in the State Court Facilities Construction Fund, established in Section 70371 of the Government Code.
(c)CA Vehicle Code § 40611(c) No fee shall be imposed pursuant to this section if the violation notice is processed only by the issuing agency and no record of the action is transmitted to the court.

Section § 40612

Explanation

When someone is given a notice to correct a vehicle-related issue, they should receive a clear and readable copy of that notice when they sign it.

An exact, legible copy of the notice to correct shall be delivered to the alleged violator at the time he or she signs such notice.

Section § 40614

Explanation

If someone uses a fake or false name to sign a notice to correct or a certificate of correction, they're committing a misdemeanor, which is a minor crime.

Any person who signs a notice to correct or a certificate of correction with a false or fictitious name is guilty of a misdemeanor.

Section § 40616

Explanation

Under this law, it's a misdemeanor if someone deliberately doesn't fix a vehicle issue they've promised to correct, or doesn't show proof that it's been fixed. Proof that a vehicle problem has been corrected can be provided by specific agencies. For brake, lamp, smog, or muffler issues, a licensed inspection station can verify the correction. For driver license and registration problems, the Department of Motor Vehicles or a court clerk can certify it's been fixed. Any vehicle code violation can also be certified by a police department, the Highway Patrol, or other law enforcement agencies.

Any person willfully violating a written promise to correct or willfully failing to deliver proof of correction of violation is guilty of a misdemeanor. Proof of correction may consist of a certification by an authorized representative of one of the following agencies that the alleged violation has been corrected:
(a)CA Vehicle Code § 40616(a) Brake, lamp, smog device, or muffler violations may be certified as corrected by any station licensed or contracted to inspect and certify for the violation pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code or Section 27150.2.
(b)CA Vehicle Code § 40616(b) Driver license and registration violations may be certified as corrected by the Department of Motor Vehicles or by any clerk or deputy clerk of a court.
(c)CA Vehicle Code § 40616(c) Any violation may be certified as corrected by a police department, the California Highway Patrol, sheriff, marshal, or other law enforcement agency regularly engaged in enforcement of the Vehicle Code.

Section § 40618

Explanation

If you receive a fix-it ticket and don't send proof that the violation was corrected to the agency that issued the ticket, the agency can notify the court. This notification, along with your agreement to fix the issue, can be used to officially file a complaint against you. You can enter a plea in response, and if the complaint is verified, a warrant could be issued for your arrest.

Whenever proof of correction of violation is not received by the issuing agency in accordance with Section 40610, the issuing agency may deliver the signed promise to the court having jurisdiction of the violation with a certification that no proof of correction has been received. If prepared on a form approved by the Judicial Council, the promise under Section 40610, together with the certification under this section, shall constitute a complaint to which the defendant may enter a plea, and upon which a warrant may be issued if the complaint is verified.