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VEHICLE CODE

Division 3 Registration of Vehicles and Certificates of Title

§ 4760. Failure to pay outstanding parking penalties

(a)(1) Except as provided in subdivision (b), the department shall refuse to renew the registration of any vehicle if the registered owner or lessee has been mailed a notice of delinquent parking violation relating to standing or parking, the processing agency has filed or electronically transmitted to the department an itemization of unpaid parking penalties, including administrative fees pursuant to Section 40220, and the owner or lessee has not paid the parking penalty and administrative fee pursuant to Section 40211, unless he or she pays to the department, at the time of application for renewal, the full amount of all outstanding parking penalties and administrative fees, as shown by records of the department.

(2) When the department receives the full amount of all outstanding parking penalties and administrative fees pursuant to paragraph (1), it shall issue a receipt showing each parking penalty and administrative fee which has been paid, the processing agency for that penalty and fee, and a description of the vehicle involved in the parking violations. The receipt shall also state that, to reduce the possibility of impoundment under Section 22651 or immobilization under Section 22651.7 of the vehicle involved in the parking violation, the registered owner or lessee may transmit to that processing agency a copy or other evidence of the receipt.

(b) The department shall not refuse to renew the registration of any vehicle owned by a renter or lessor if the applicant provides the department with the abstract or notice of disposition of parking violation issued pursuant to subdivision (c) for clearing all outstanding parking penalties and administrative fees as shown by the records of the department.

(c) The court or designated processing agency shall issue an abstract or notice of disposition of parking violation to the renter or lessor of a vehicle issued a notice of delinquent parking violation relating to standing or parking, if the renter or lessor provides the court or processing agency with the name, address, and driver's license number of the rentee or lessee at the time of occurrence of the parking violation.


Added Stats 1975 ch 1179 § 1, operative January 1, 1978. Amended Stats 1977 ch 804 § 1; Stats 1981 ch 529 § 1; Stats 1986 ch 939 § 8; Stats 1989 ch 750 § 1; Stats 1991 ch 587 § 1 (AB 1126), operative July 1, 1992.

ANNOTATIONS

Amendments:

1977 Amendment:
Deleted ", and the administrative service fee of the department imposed pursuant to Section 4763" at the end of the section.

1981 Amendment:
(1) Amended the first paragraph by (a) adding "Except as provided in subdivision (b)" at the beginning; (b) adding ", rentee,"; and (c) deleting "the provisions of" after "complied with"; and (2) added subd (b).

1986 Amendment:
(1) Added subdivision designation (a); (2) substituted "mailed a notice of delinquent parking violation relating to standing or parking, an itemization of unpaid parking penalties, including administrative fees, has been filed with, or electronically transmitted to, the department under Section 40220, and that person has not paid the parking penalty and administrative fee pursuant to Section 40211, unless he or she pays to the department, at the time of application for renewal, the full amount of all outstanding parking penalties and administrative fees" for "sent or given a notice of violation relating to standing or parking pursuant to paragraph (2) of Section 41103 and has not complied with paragraph (2) of Section 41103, unless he pays to the department, at the time he applies for renewal, the full amount of bail for offenses relating to standing or parking which he has failed to deposit as required by law" in subd (a); and (3) amended subd (b) by substituting (a) "all outstanding parking penalties and administrative fees" for "bail for offenses relating to standing or parking which have not been deposited as required by law"; and (b) "parking violation for which the full amount of parking penalties is not enclosed and the name, address, and driver's license number of the rentee or lessee" for "offenses relating to standing or parking for which the full amount of bail is not enclosed".

1989 Amendment:
(1) Amended subd (a) by (a) deleting ", rentee," after "registered owner"; (b) adding "the processing agency has filed of electronically transmitted to the department"; and (c) substituting "pursuant to Section 40220, and the owner or lessee" for ", has been filed with, or electronically transmitted to, the department under Section 40220, and that person"; (2) substituted subd (b) for former subd (b) which read: "(b) The department shall not refuse to renew the registration of any vehicle owned by a renter or lessor when the renter or lessor applies for renewal without paying to the department, at the time of submitting the application for renewal, the full amount of all outstanding parking penalties and administrative fees as shown by records of the department, if the application for renewal is accompanied by an affidavit of the applicant in a form acceptable to the department stating that the vehicle was in the possession of the rentee or lessee at the time of occurrence of the parking violation for which the full amount of parking penalties is not enclosed and the name, address, and driver's license number of the rentee or lessee."; and (3) added subd (c).

1991 Amendment:
(1) Redesignated former subd (a) to be subd (a)(1); and (2) added subd (a)(2).

Note:
Stats 1991 ch 587 provides:
SEC. 4. This act shall become operative on July 1, 1992.
Cross References:
"Lessee": Veh C § 371
"Registered owner": Veh C § 505
"Renter": Veh C § 508
Itemization of unpaid parking penalties on potential registration card: Veh C § 4761
Remission of parking penalties: Veh C § 4762
Fees to cover administration of provisions: Veh C § 4763
Effect of transfer or nonrenewal: Veh C § 4764
Obligation to pay parking penalties and fees: Veh C § 4765
Nonpayment of toll evasion penalties: Veh C §§ 4770 et seq
Collateral References:
Law Review Articles:
Review of Selected 1977 California Legislation. 9 Pacific LJ 617

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