2007 California Vehicle Code Article 6.5. Refusal Of Registration For Nonpayment Of Toll Evasion Penalties

CA Codes (veh:4770-4775)

VEHICLE CODE

SECTION 4770-4775




4770.  (a) Except as provided in subdivision (c), the department
shall refuse to renew the registration of any vehicle if the
registered owner or lessee has been mailed a notice of toll evasion
violation, the processing agency has transmitted to the department an
itemization of unpaid toll evasion penalties, including
administrative fees, pursuant to Section 40267, and the toll evasion
penalty and administrative fee have not been paid pursuant to Section
40266, unless the full amount of all outstanding toll evasion
penalties and administrative fees, as shown by records of the
department are paid to the department at the time of application for
renewal.
   (b) The designated processing agency shall issue a notice of
disposition of toll evasion violation to a lessor, if the lessor
provides the processing agency with the name, address, and driver's
license number of the lessee at the time of the occurrence of the
toll evasion violation.
   (c) The department shall renew the registration of any vehicle if
the applicant provides the department with the notice of disposition
of toll evasion violation issued pursuant to subdivision (b) for
clearing all outstanding toll evasion penalties and administrative
fees, as shown by the records of the department, and the applicant
has met all other requirements for registration.



4771.  The department shall include on each vehicle registration
renewal notice issued for use at the time of renewal, or on an
accompanying document, an itemization of unpaid toll evasion
penalties, including administrative fees, showing the amount thereof,
the jurisdiction that issued the notice of toll evasion violation,
and the date of toll evasion relating thereto, which the registered
owner or lessee is required to pay pursuant to Section 4770.



4772.  (a) Except as provided in subdivision (b), the department
shall remit all toll evasion penalties and administrative fees
collected, after deducting the administrative fee authorized by
Section 4773, for each notice of delinquent toll evasion violation
for which toll evasion penalties and administrative fees have been
collected pursuant to Section 4770, to each jurisdiction in the
amounts due to each jurisdiction according to its unadjudicated
notices of delinquent toll violation.  Within 45 days from the time
penalties are paid to the department, the department shall inform
each jurisdiction which of its notices of delinquent toll evasion
violation have been collected.
   (b) This subdivision applies to facilities developed pursuant to
Section 143 of the Streets and Highways Code.  For each notice of
delinquent toll evasion violation for which toll evasion penalties
and administrative fees have been collected by the department
pursuant to Section 4770, each issuing agency is due an amount equal
to the sum of the unpaid toll, administrative fees, other costs
incurred by the issuing agency that are related to toll evasion,
process service fees, and fees and collection costs related to civil
debt collection.  After deducting the department's administrative fee
authorized by Section 4773 and the amounts due each issuing agency
for unpaid tolls, administrative fees, other costs incurred by the
issuing agency that are related to toll evasion, process service
fees, and fees and collection costs related to civil debt collection,
the department shall deposit the balance of the toll evasion
penalties collected pursuant to Section 4770, if any, in the State
Highway Account in the State Transportation Fund.



4773.  The department shall assess a fee for the recording of the
notice of delinquent toll evasion violation, which is given to the
department pursuant to Section 40267, in an amount, as determined by
the department, that is sufficient to provide a total amount equal to
at least its actual costs of administering Sections 4770, 4771,
4774, and 4775.



4773.5.  (a) The department shall require the entire cost of
initially implementing this article to be reimbursed by the issuing
agencies that are private entities and by the local authorities
described in Section 40250, on whose behalf toll processing
procedures are carried out pursuant to Article 4 (commencing with
Section 40250) of Chapter 1 of Division 17.  For purposes of this
section, the cost to the department of initially implementing this
article includes all of the one-time costs that are incurred by the
department in order to implement this article, but does not include
ongoing administrative costs associated with this article.  The
issuing agencies and the local authorities shall each be required to
reimburse the department for 50 percent of the reimbursable costs.
   (b) (1) The amount collected pursuant to subdivision (a) shall be
the actual cost.
   (2) The amount of the reimbursement required by subdivision (a)
for each issuing agency and local authority shall be determined by
the department in as equitable a manner as possible.  In the event of
a dispute of the reimbursement required by subdivision (a), an
issuing agency may request an audit of applicable costs by a
certified public accountant or public accountant.  The cost of the
audit shall be borne by the issuing agency requesting the audit.  The
result of the audit shall determine the actual costs.
   (c) The processing agency shall access the department's data base
via "on-line" techniques or other methods as the department and the
processing agency may agree.



4774.  Whenever a vehicle is transferred or not renewed for two
renewal periods and the former registered owner or lessee of the
vehicle owes a toll evasion penalty for a notice of delinquent toll
evasion violation filed with the department pursuant to Section
40267, the department shall notify each jurisdiction of that fact and
is not required thereafter to attempt collection of the undeposited
toll evasion penalty and administrative fees.



4775.  No exemption from the payment of any fee imposed by this code
is an exemption from the obligation of a registered owner or lessee
to pay the full amount of toll evasion penalties and administrative
fees pursuant to Section 4770.

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