Section 40520 Of Article 2. Release Upon Promise To Appear From California Vehicle Code >> Division 17. >> Chapter 2. >> Article 2.
40520
. (a) A notice to appear issued pursuant to Section 40518 for
an alleged violation recorded by an automatic enforcement system
shall contain, or be accompanied by, an affidavit of nonliability and
information as to what constitutes nonliability, information as to
the effect of executing the affidavit, and instructions for returning
the affidavit to the issuing agency.
(b) (1) If a notice to appear is sent to a car rental or leasing
company, as the registered owner of the vehicle, the company may
return the notice of nonliability pursuant to paragraph (2), if the
violation occurred when the vehicle was either leased or rented and
operated by a person other than an employee of the rental or leasing
company.
(2) If the affidavit of nonliability is returned to the issuing
agency by the registered owner within 30 days of the mailing of the
notice to appear together with the proof of a written rental
agreement or lease between a bona fide renting or leasing company and
its customer and that agreement identifies the renter or lessee and
provides the driver's license number, name, and address of the renter
or lessee, the agency shall cancel the notice for the registered
owner to appear and shall, instead, issue a notice to appear to the
renter or lessee identified in the affidavit of nonliability.
(c) Nothing in this section precludes an issuing agency from
establishing a procedure whereby registered owners, other than bona
fide renting and leasing companies, may execute an affidavit of
nonliability if the registered owner identifies the person who was
the driver of the vehicle at the time of the alleged violation and
whereby the issuing agency issues a notice to appear to that person.