Article 6. Enforcement Of Liens On Apportioned Fleet Vehicles of California Vehicle Code >> Division 3. >> Chapter 4. >> Article 6.
"Registrant," for purposes of this article, means any person
issued apportioned fleet registration pursuant to Article 4
(commencing with Section 8050).
(a) Fees determined to be due, including penalties and
service fees, for the operation of a fleet apportionately registered
vehicle shall be a lien upon all vehicles operated as part of the
fleet and on any other fleet vehicles operated by the registrant. The
department may collect the amount of the lien, plus costs, not to
exceed two hundred fifty dollars ($250), in an appropriate civil
action and by seizure and sale of the vehicle.
(b) Liens arising as the result of an audit expire four years from
the date the registration fees first become due unless the lien is
perfected pursuant to subdivision (d).
(c) Any lien arising under this section that is not subject to
subdivision (b) expires three years from the date the fee or penalty
first became due unless the lien is perfected pursuant to subdivision
(d) A lien shall be perfected when a notice is mailed to the
registrant at the address shown on the department's records and the
lien is recorded on the electronic vehicle registration records of
the department. A perfected lien shall expire five years from the
date of perfection.
(e) Prior to the expiration of the statute of limitations, the
registrant may consent to a waiver which would allow the assessment
of fees and penalties past the statute of limitations.
(a) Within 30 days of the date the notice is mailed pursuant
to Section 8201, the registrant may submit documentation not
previously available or may request a hearing to contest the
existence or the amount of the lien. If no additional documentation
is submitted, or if no hearing is requested, the operating privileges
of the fleet may be suspended or canceled and a sufficient number of
vehicles may be seized and sold to satisfy the lien.
(b) If additional documentation is submitted, the department shall
review the documentation and issue its findings to the registrant.
Within 30 days of the date the findings are mailed, the registrant
may request a hearing.
(c) If a hearing is requested, 10 days' notice shall be given of
the time and place of the hearing, which shall be held within the
county of residence of the person requesting the hearing or within
the county of the established place of business of the registrant.
The hearing shall be conducted by a referee who shall submit findings
and recommendations to the director or his or her authorized
representative, who shall decide the matter. The decision shall be
effective on notice thereof to the interested parties. However, the
director, or his or her authorized representative, may rescind the
decision and reconsider the matter for good cause shown at any time
within three years after the date the disputed fee or penalty first
became due, or one year from the hearing whichever is later.
(d) Upon final completion of all administrative appeals, the
department shall give written notice to the registrant of the right
to a review of the decision by a court of competent jurisdiction. Any
action brought in court shall be commenced within 90 days from the
date notice of the decision is mailed.
(a) When a lien is perfected pursuant to Section 8200 and the
opportunity to submit additional documentation or to request a
hearing has passed, the department may suspend or cancel the
operating privileges of the fleet. When the suspension takes effect,
the department may seize a sufficient number of vehicles to satisfy
the lien without further notice, upon obtaining authorization for the
seizure and sale from the director or his or her authorized
(b) Members of the California Highway Patrol, and peace officers
employed by local authorities, are agents of the department for the
purposes of this section.
(c) In all cases, prior to the sale, a notice of the lien and
intent to sell the vehicle shall be given by the department to the
registrant, the known legal and registered owners, and to any other
person known to be claiming an interest in the vehicle. The
department shall also give public notice of the lien by placing an
advertisement in a newspaper of general circulation published in the
county in which the registrant's place of business is located.
(d) At any time before seizure and sale, any person claiming an
interest in the vehicle may pay the department the amount of the
lien, plus costs. In that event, the seizure and sale shall not be
held, and the vehicle, shall be returned by the department to the
person entitled to its possession.
(e) Any property found by the department in any vehicle seized
under the provisions of this article shall be handled by the
department in the manner provided in Sections 2414 and 2415.
(f) The sale shall be conducted and proceeds distributed pursuant
to Section 9802.
(a) When a transferee or purchaser of an apportionately
registered fleet vehicle applies to the department for transfer of
ownership and it is determined by the department that there is an
outstanding lien against the fleet in which the vehicle was operated,
that fees became due prior to the transfer or purchase of the
vehicle, and that the transferee or the purchaser was not cognizant
of the fact that a lien existed, the department may waive apportioned
registration fees and any penalties that are due.
(b) When fees and penalties are waived pursuant to subdivision
(a), the apportioned registration fees and penalties shall become the
liability of the registrant who failed to pay the fees and penalties
when they became due. The fees and penalties may be collected by the
department in an appropriate civil action.