OffensesProcedure on Toll Evasion Violations
Section § 40250
This law focuses on toll evasion on toll roads. If someone breaks rules about avoiding tolls, they could face a civil penalty. Both the registered owner and the person driving or renting the vehicle at the time can be held responsible, unless the owner can prove the vehicle was used without their permission. If you pay a penalty, you can seek reimbursement from the person who actually used the vehicle. Also, if you're not the owner but have permission to use the car, you can act on behalf of the owner to contest penalties. This law doesn't apply if the driver is also arrested under another part of the legal code. Entities authorized to collect tolls are responsible for handling these penalties.
Section § 40251
This law outlines where the money collected from toll evasion penalties should go. Normally, all fees and penalties from toll violations are deposited into the account of the agency that issued the toll violation.
However, if the ticket was issued by the California Highway Patrol, the money goes to the city or county where the violation occurred. At the end of each fiscal year, the leftover funds from these collections, after paying off any unpaid tolls and administrative costs, must be deposited into the State Highway Account if they come from facilities developed under a certain section of the Streets and Highways Code.
Section § 40252
This law allows agencies to hire the state, local authorities, or private vendors to handle notices of toll evasion and delinquent tolls before involving the court. It explains that "toll evasion penalty" can include late fees, administrative charges, fines, assessments, and collection costs.
Section § 40253
This law section defines what a 'processing agency' is for handling toll evasion notices in California. If there is a specific contract in place, the 'processing agency' is the entity responsible for dealing with these toll evasion notices. If no contract exists, the 'processing agency' is the same as the 'issuing agency.'
Section § 40254
This law outlines the process for handling toll evasion on toll roads or bridges in California. If a vehicle is caught avoiding tolls, a notice must be sent to the vehicle's registered owner within a set timeframe. The notice includes specifics about the violation such as the license plate number, time, and place of the incident, and how to contest it. Special rules apply to repeat offenders, allowing slightly more time to send notices. Tampering with these notices is a serious offense, classified as a misdemeanor. If there's insufficient proof of the violation, it can be dismissed, but personal relationships cannot influence a dismissal decision. Agencies are required to make every effort to accurately identify and address the registered owner to notify them of the violation.
Section § 40255
This law allows individuals to contest a toll evasion violation notice within a specific time frame without paying the penalty upfront. If contested, the agency must investigate and provide results to the person. If dissatisfied, the person can request an administrative review after paying the penalty, unless they meet income criteria which allow only the toll amount to be deposited. Reviews can be done by mail or in person and are held by an independent examiner. The officer who issued the violation does not have to participate, and only certain documents are needed for evidence. False evidence submission by officers is penalized monetarily.
This section becomes effective on July 1, 2024.
Section § 40256
If you receive a final decision about a toll evasion violation and disagree, you have 20 days to appeal to the superior court. Your appeal will be reviewed from scratch, but previous documents from the processing agency will be considered as evidence. You need to notify the agency about your appeal through personal service or mail.
Filing the appeal costs $25, and you might get this fee, plus any penalty deposit, back if you win the case. The appeal hearing can be handled by court commissioners or officials chosen by the court's head judge. If you don't appeal within 20 days, the decision is final. If you owe a penalty and lose, the agency can start collecting what you owe once the decision is final.
Section § 40257
If you're found evading tolls, you'll receive a notice that explains the penalty you owe and where to send your payment. The notice will also clearly state that you can mail your payment.
Section § 40258
This law sets the penalties for toll evasion on toll bridges, roads, highways, or express lanes. A toll evasion violation will cost a maximum of $25, and if unpaid, another $50 for a delinquent notice, making it $50 total. However, this can include additional fees imposed by the state. If the toll is paid within 15 days of notice, you just pay the toll itself without penalties. On highways, roads, or express lanes, the penalty maxes out at $60, with a combined limit of $100. These are collected as civil penalties, and the amounts can be adjusted for inflation.
If it's your first time and you contact the agency within 21 days, they might waive the penalty if you set up an account and pay. This rule comes into effect on July 1, 2024.
Section § 40259
If someone pays the penalty for toll evasion and they don't challenge the violation, the legal process concerning that violation comes to an end.
Section § 40260
This section explains what happens if a toll evasion fine isn't paid on time. If you miss the deadline for paying your toll evasion penalty, the agency in charge will send you a notice called a 'delinquent toll evasion violation.' They can deliver this notice to you either in person or by mailing it to your home address using first-class mail.
Section § 40261
If you receive a notice for not paying a toll, you have 10 days to ask for a copy of the original notice, either by mail or in person. The agency can charge up to $2 for this copy, and they must provide it within 15 days. The agency can't take further legal actions against you until they fulfill your request for this copy.
If the notice describes a vehicle that doesn't match the records on file, you can ask them to cancel the notice without having to appear in person.
Section § 40262
If you receive a notice for a delinquent toll violation, you have 30 days to pay the fine, dispute it, or file an affidavit stating you're not liable, otherwise, you might not be able to renew your vehicle registration. Payment can stop this issue, but if you choose a payment plan and fall behind by more than 10 business days, your registration renewal could still be denied until the issue is resolved. If you pay within 15 days, you'll only owe the original penalty without extra fees. This law takes effect on July 1, 2024.
Section § 40262.5
If the person registered as the owner of a vehicle doesn't pay a toll penalty or challenge the violation, they are automatically considered responsible for the violation. This means the penalty and any associated fees become a debt that the vehicle owner owes to the agency that issued the penalty.
Section § 40263
If you receive a notice for not paying a toll, it will include a form and instructions for contesting the charge if you believe you're not responsible. This form is called an 'affidavit of nonliability,' and the notice will explain what it means to use this form, how it affects you, and how to return it to the agency that issued the ticket.
Section § 40264
If a toll evasion notice is sent to a rental company, they have 30 days to return an affidavit of nonliability along with a rental agreement that identifies the renter. This must include the renter's driver’s license number, name, and address.
If these documents are provided, the agency will then mail a toll evasion notice directly to the renter. If the renter does not pay within 15 days, the agency can take further action under a different law section.
Section § 40265
This law section outlines what happens if a registered vehicle owner claims they sold or transferred their vehicle before the vehicle was involved in a toll evasion. If they provide an affidavit asserting the sale or transfer occurred before the violation, the authorities will verify this with DMV records. If confirmed, the toll violation notice will be canceled. If unverified, the owner must pay or contest the fine unless they can prove the transfer with documentation within 15 days. If they provide this proof, the violation notice is canceled. However, the toll agency can still collect penalties from whoever owned the vehicle at the time of the violation.
Section § 40266
This law explains what happens when a person pays a penalty for a toll evasion violation in California. If you receive a notice saying you haven't paid a toll, you can settle it by paying the penalty. When the penalty is paid to the right person, the agency that issued the notice has certain responsibilities. These include giving a copy of the violation notice and checking if the matter has been recorded with the Department of Motor Vehicles (DMV) or if a judgment has been made.
If no record or judgment exists and you pay the penalty, the case is closed. If the violation is recorded or a judgment is in place, and the penalty plus fees is paid, the case will also close. If the violation is recorded but not returned to the agency, payment and fees must be sent to close the case, and the agency handles payments accordingly.
Section § 40267
If you do not pay a toll evasion penalty, the agency can take several actions to collect it. They can add the unpaid fee to your vehicle registration. If you owe more than $400, they can turn it into a civil judgment, meaning they can collect it like any other debt, possibly by taking money from your wages or placing liens on your property. If your vehicle's registration isn't renewed within 60 days and you still owe money, they can also turn smaller debts into judgments. Collection agencies might be hired to chase unpaid penalties. This does not affect vehicle owners who weren't responsible for the toll violations that happened before they bought the car.
Section § 40268
This law states that a processing agency cannot take a toll evasion violation to court to get a civil judgment unless two conditions are met. First, the vehicle's registration must not have been renewed for at least 60 days past its due date. Second, the department must not have collected the notice of the toll violation as outlined in another section (Section 4770).
Section § 40269
This law tells us when the agency handling toll evasion violations should stop trying to collect a payment. They stop if: (1) they've received all penalties and fees from the department; (2) five years have passed since the violation and the notice was returned; (3) they find out the department already got the payment; or (4) the vehicle owner proves they weren't the owner when the violation happened. However, the agency can still try to collect the penalty from whoever owned or rented the vehicle at the time of the violation.
Section § 40269.5
If you have a monthly income at or below 200% of the federal poverty level, you may qualify for a payment plan for certain toll evasion penalties in California. To prove this eligibility, you can show proof like enrollment in programs such as CalFresh or Medi-Cal. If you qualify, the plan reduces penalties over $100, limits payments to $25 a month if your total penalties are $600 or less, and includes no penalty for early payoff. After signing up, any restrictions on your vehicle registration for these penalties can be removed. Issuing agencies aren't required to offer more than two plans in a six-year window, nor are they required to offer plans if penalties exceed $2,500. They can also create more generous payment plans if they choose. This law is active as of July 2023 for toll bridges and will apply to toll highways and express lanes by July 2024.
Section § 40270
This law states that if a notice about a missed toll payment is sent to the Department of Motor Vehicles (DMV) and then returned by the DMV as uncollectible, the agency in charge can cancel that toll violation notice.
Section § 40271
This law section states that if a notice of delinquent toll evasion violation is filed, the countdown for starting a civil case about the violation pauses. The countdown doesn't start again until the notice is either returned, recalled, or handled appropriately by the processing agency, according to specific sections mentioned.
Section § 40272
This law explains that if someone is found liable for breaking Section 23302.5, which usually involves traffic violations, it won't count as a criminal conviction. It also won't show up on their driving record or affect their car insurance rates.
Section § 40273
This law outlines that information gathered through automated devices can only be used to find and get mailing address information for two specific purposes. First, to identify toll evasion violators to send them notices about the violations or any unpaid fines. Second, to identify people using toll roads with a pay-by-plate system, which helps collect toll fees.