OffensesProcedure on Parking Violations
Section § 40200
This law says that if you get a parking ticket, it's a civil penalty, not a crime. Both the vehicle's registered owner and whoever was driving or renting it are responsible for these fines unless the owner proves the car was used without their consent. If the owner pays the fines, they can ask whoever was driving to pay them back. Also, if you're driving someone else's car with their permission and get a parking ticket, you're acting on behalf of the owner and can fight the ticket if you think it's unfair.
Section § 40200.1
This law states that you cannot be given both a parking ticket and a court summons for the same parking violation.
Section § 40200.3
This law explains how parking penalties collected by a processing agency should be handled. Generally, these collected funds go into the account of the issuing agency, except in specific cases. If a peace officer from the California Highway Patrol issues a parking violation, the funds go to the jurisdiction where the violation occurred. Additionally, if there are any increases in parking penalties that were effective between specific dates in the 1980s and 1990s, those increases benefit different funds, such as the county's general fund. Any penalties increased after 1992 benefit the issuing agency.
The processing agency must also prepare a yearly report detailing the number of cases processed and funds received. This report is a public record and must be delivered to each issuing agency, and copies must be available to the county auditor, Controller, and grand jury upon request.
Section § 40200.4
This law is about how the processing agency should handle money from parking violations and how responsibilities for handling parking violations are transferred. The agency must deposit money owed to the county from parking penalties within 45 days after the month it was collected. If courts in a county have been managing parking violations for a city or district, they must plan to transition these duties back to the appropriate agency by January 1, 1994, except in some cases. Special rules apply to Contra Costa and San Mateo Counties, allowing them to maintain certain contracts until mid-1996. In San Francisco, court employees handling parking violations will transfer to city jobs, and no employee should lose their job due to these changes. A 'parking penalty' includes the fine, late fees, and collection costs.
Section § 40200.5
This law allows agencies that issue parking tickets to contract with counties, private vendors, or other cities for processing these tickets. They cannot use the California Highway Patrol or other state law enforcement for this. When using private vendors, agencies must consider minority business involvement.
Contracts must include monthly distribution of collected amounts to the relevant parties, except for specific payments to counties and the DMV. If the contract provides examiners or hearing services, it must be on a fixed monthly rate or per notice processed and cannot include incentives based on the number of upheld tickets or fines collected.
Section § 40200.6
This law outlines what needs to happen when a city or county hires an external company to handle parking tickets. The company that manages these tickets is called a "processing agency."
The local government must write down rules for how this company should operate. The local government remains responsible for what the company does and must keep a close eye on them.
They need to check the company's work every year and look into any complaints from drivers.
However, if the local government is a law enforcement agency and doesn't handle ticket processing themselves, these oversight rules don't apply to them.
Section § 40200.8
This law says that if a parking citation processing agency either wins a civil judgment for the parking ticket or reviews the citation as per certain sections, it must inform the Department of Motor Vehicles (DMV) and remove any registration hold on the vehicle connected to that parking ticket.
Section § 40202
If a vehicle is found violating parking laws while unattended, a parking officer must attach a ticket to it. This ticket includes details like what law was broken, the vehicle's info, and how to pay or contest it within 21 days. If the vehicle drives off before the ticket is attached, it will be mailed to the owner within 15 days.
Altering or destroying an issued ticket before filing is a misdemeanor. A ticket can be canceled if a mistake is found or for justice, but not due to personal relationships. Any errors on a ticket can be corrected, and a notice of correction will be sent to the vehicle’s owner.
Section § 40203
If you get a parking ticket, it must come with details on how much you owe, where to send the payment, and a note in bold that you can mail your payment. It should also tell you how to find out what to do if you want to fight the ticket.
Section § 40203.5
This law section explains how parking penalties are decided and collected. The governing body of each area sets the penalties for parking violations, and they should try to standardize these penalties within the county. These penalties are treated as civil penalties. For certain violations, like those concerning disability parking spaces, the fines range from $250 to $1,000. However, if someone has a valid but undisplayed disability license plate or placard at the time of the offense, the penalty can be suspended. If the violator cannot pay the fine in full, they may be allowed to pay it in installments.
Section § 40203.6
If you get a parking ticket for certain violations in California, you'll be charged an extra fee on top of the regular penalty. This extra fee is 10% of that penalty and is applied specifically to violations related to improper use of disabled parking plates or placards, parking in spaces reserved for disabled persons, and similar offenses. The extra money collected from this fee goes to the city or county where the parking violation happened.
Section § 40204
If you receive a parking ticket and pay the penalty without disputing it, the matter is considered resolved. However, if you can't afford to pay the full amount at once, you can request to pay it in installments. To do this, you need to show the agency that issued the ticket proof that you can't pay immediately, and they may allow you to set up a payment plan according to their guidelines.
Section § 40205
If someone disagrees with a parking ticket, the agency managing the ticket needs to follow the rules set out in Section 40215 for handling such disputes.
Section § 40206
If you don't pay your parking ticket by the deadline given, the issuing agency will send you another notice saying it's overdue.
This overdue notice can be delivered to you in person or mailed to the address listed with the Department of Motor Vehicles.
Section § 40206.5
This law outlines what happens if you receive a notice for a parking violation in California. If you ask for a copy of your parking ticket, the agency must provide it within 15 days, either by mail or in person, and they can't charge more than $2 for it. While they're working on your request, they can't take further actions like towing your car. If there's a mistake on your parking violation notice, particularly if the vehicle description doesn't match the registration, and they don't suspect misuse of license plates, you'll need to write in to cancel the ticket, and you won't need to show up in person for this.
Section § 40207
This California law details the process for handling delinquent parking violations. It states that a notice must be sent to the vehicle's registered owner containing specific information. The owner has 21 days from the citation date or 14 days from receiving the notice to pay the fine or dispute the ticket. If they don't comply, renewing the vehicle registration could be affected. If the fine is paid within these time frames, only the original penalty is due, with no extra charges. This law has been effective since January 1, 2016.
Section § 40208
If you receive a notice about a late parking ticket, it must come with a form allowing you to claim you're not responsible. It should explain what situations qualify you as not liable, what happens if you submit the form, and provide steps for sending it back to the relevant agency.
Section § 40209
If a rental or leasing company gets a parking ticket for a vehicle they rented out, they can send an affidavit of nonliability to the ticket processing agency within 30 days of getting a delinquent notice. They need to include proof of the rental agreement with details about the renter, like their driver's license number, name, and address.
Once the processing agency gets this information, they will send the parking ticket to the renter. If the renter doesn't pay within 21 days of the ticket issue or 14 days after the delinquent notice is mailed, the agency can take further action against the renter.
Section § 40210
This law section explains what happens if a registered vehicle owner files an affidavit claiming they sold or transferred their vehicle before a parking violation occurred. If the sale or transfer is verified, the parking violation notice will be canceled. The owner must provide evidence of the transfer like a signed agreement to avoid paying the fine. If no evidence is provided within 15 days, the violation must be paid or contested. The agency can still pursue the person who owned the vehicle at the time of the violation for the penalty.
Section § 40211
This section outlines the process for handling delinquent parking violations in California. It describes what must happen if a parking penalty is paid after a notice of delinquent parking has been issued. If the notice hasn't been officially filed or a judgment entered, paying the penalty ends the process. If it has been filed, specific steps must be followed, including recording payment, notifying the DMV, and stopping the collection process. The responsible agency must also issue a payment certificate to the payer and ensure the funds are managed correctly.
Section § 40215
You can challenge a parking ticket in California within 21 days of getting it or 14 days if it's considered delinquent. This first review by the agency is free, and if they agree with you, they can cancel the ticket.
If you're unhappy with this initial decision, you can ask for a formal hearing within 21 days of getting their response. You need to pay the fine first but can request a waiver if you're financially unable to pay.
The hearing can be done via mail, in person, or phone if available. Minors can attend without a guardian. Hearings aim to be fair and independent, with trained examiners handling the case. Examiners can't be influenced by folks managing parking tickets and must have proper qualifications.
Decisions can be delivered in person or by mail, explaining why if not canceled. Agencies can let you pay in installments or do community service if you can't pay. These appeal rules don’t apply if a law enforcement agency issues the ticket but doesn’t process it.
Section § 40220
This section explains how unpaid parking penalties and related service fees can be collected by a processing agency. First, it allows the agency to file these fees with the Department of Motor Vehicles (DMV) to be collected when vehicle registration is renewed, provided they offer a payment plan for indigent people, allowing installments and waiving certain fees. Second, the processing agency can file a proof of unpaid fees with the court to obtain a civil judgment, enabling actions like wage garnishment if over $400 is unpaid. Finally, if vehicle registration isn’t renewed, penalties can also be filed with the court as a civil judgment. A person is considered indigent if their income or benefit status meets certain state criteria, and they must provide proof to qualify for such payment plans. Fraudulent claims of indigency can lead to full penalties being reinstated.
This law doesn't apply if the citation was issued before the vehicle’s current registered owner took possession. University and college districts must adopt similar plans for students with multiple citations.
Section § 40220.5
This law explains that if you're struggling financially before July 1, 2018, with unpaid parking tickets in California, you can ask for a special payment plan to make it easier to pay off your fines. Agencies can't force you to pay these fines in the usual way if you qualify as 'indigent', meaning financially unable to pay, and they must offer a payment plan instead. This plan limits your monthly payments to $25 and waives specific late fees, among other considerations. If you briefly miss a payment, you get a 45-day grace period to resume payments. To qualify, you must ask for an indigency determination, which agencies should explain on their websites. This whole program is planned to be available until January 1, 2027.
Section § 40221
This law states that a processing agency can't file a civil judgment for a parking ticket with the court if the vehicle's registration hasn't been renewed for at least 60 days past its due date, and if the citation still hasn't been resolved by the Department of Motor Vehicles (DMV) as outlined in another section.
Section § 40222
This law explains when a processing agency must stop chasing after unpaid parking tickets. They have to end efforts if: 1) the parking fines and fees are paid through the department, 2) five years have passed since the ticket was returned to the agency, 3) they find out, and check with the department, that payments were made to the department, or 4) the current vehicle owner proves they weren’t the owner at the time of the ticket. Even so, the agency can still go after the person who owned the car back when the ticket was given.
Section § 40224
This law explains when the time limit for starting a civil lawsuit over a specific parking violation stops running. This pause in time starts when a notice of delinquent parking violation is sent to the department, and it continues until the notice is either sent back to the processing agency, removed, or recalled by the agency.
Section § 40225
This law describes how equipment violations listed on a parking violation notice should be handled. If a vehicle violates Section 5204 regarding registration, parking enforcement must verify through DMV records that the vehicle isn’t currently registered. No citation should be issued if the registration is valid, and temporary leniency is provided until two months after the registration expires, effective until 2030. The penalty for equipment violations, like not displaying a license plate, follows a set schedule but can be reduced to $10 with proof of correction. Penalties collected are split 50/50 between the county and issuing agency. Certain violations are still recorded even if not immediately enforced.
Section § 40226
If you get a ticket for not displaying a disabled placard, the agency can cancel it if you prove you had a valid placard at the time. Instead of the fine, you might have to pay a processing fee of up to $25.
Section § 40230
If you disagree with a final parking violation decision, you have 30 days to appeal it in a superior court. This hearing will be a fresh look at the case, using the agency's file and evidence from the original notice. You'll need to notify the agency about your appeal.
There's a filing fee, which the court keeps no matter the outcome. However, if you win, you'll get reimbursed for the fee and any parking penalty deposit. The appeal process is usually handled by traffic trial commissioners, and if no appeal is filed within 30 days, the original decision stands.
If you owe a penalty and lose the appeal, the agency will take steps to collect it.