Section 40265 Of Article 4. Procedure On Toll Evasion Violations From California Vehicle Code >> Division 17. >> Chapter 1. >> Article 4.
40265
. (a) If the affidavit of nonliability is returned and
indicates that the registered owner served has made a bona fide sale
or transfer of the vehicle and has delivered possession of the
vehicle to the purchaser prior to the date of the alleged violation,
the processing agency shall obtain verification from the department
that the registered owner has complied with subdivision (b) of
Section 5602.
(b) If the registered owner has complied with subdivision (b) of
Section 5602, the processing agency shall cancel the notice of toll
evasion violation with respect to the registered owner.
(c) If the registered owner has not complied with subdivision (b)
of Section 5602, the processing agency shall inform the registered
owner that the notice shall be paid in full or contested pursuant to
Section 40255 unless the registered owner delivers evidence within 15
days of the notice that establishes that the transfer of ownership
and possession of the vehicle occurred prior to the date of the
alleged violation. If the registered owner does not comply with this
notice, the processing agency shall proceed pursuant to Section
40220. If the registered owner delivers the evidence within 15 days
of the notice, the processing agency shall cancel the notice of
delinquent toll evasion violation or violations with respect to the
registered owner.
(d) For purposes of subdivision (c), evidence sufficient to
establish that the transfer of ownership and possession occurred
prior to the date of the alleged violation or violations shall
include, but is not limited to, a copy of the executed agreement
showing the date of the transfer of vehicle ownership.
(e) This section does not limit or impair the ability or the right
of the processing agency to pursue the collection of delinquent toll
evasion penalties from the person having ownership and possession of
the vehicle on the date the alleged violation occurred.