Amended by Stats. 1993, Ch. 1093, Sec. 3. Effective January 1, 1994.
Article 3 - Procedure on Parking Violations
California Vehicle Code — §§ 40200-40230
Sections (29)
Added by Stats. 2009, Ch. 415, Sec. 5. (AB 144) Effective January 1, 2010.
A person shall not be subject to both a notice of parking violation and a notice to appear for the same violation.
Amended by Stats. 1996, Ch. 305, Sec. 72. Effective January 1, 1997.
Amended by Stats. 1996, Ch. 305, Sec. 73. Effective January 1, 1997.
Amended by Stats. 2008, Ch. 13, Sec. 1. Effective January 1, 2009.
If an issuing agency contracts with a private vendor for processing services, it shall give special consideration to minority business enterprise participation in providing those services. For purposes of this subdivision, “special consideration” has the same meaning as specified in subdivision (c) of Section 14838 of the Government Code, as it relates to small business preference.
Amended by Stats. 1995, Ch. 734, Sec. 5. Effective January 1, 1996.
Added by Stats. 1995, Ch. 766, Sec. 41. Effective January 1, 1996.
The parking processing agency shall notify the department and recall any hold on the registration of a vehicle that it filed with the department in connection with a parking citation if the processing agency is awarded a civil judgment for the citation pursuant to subdivision (b) or (c) of Section 40220, or if the processing agency has granted a review of the issuance of the citation pursuant to Section 40200.7 or Section 40215.
Amended by Stats. 1998, Ch. 885, Sec. 3. Effective January 1, 1999.
If, after a copy of the notice of parking violation is attached to the vehicle, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing, on a form attached to the original notice, the necessary correction to allow for the timely entry of the notice on the processing agency’s data system. A copy of the correction shall be mailed to the registered owner of the vehicle.
Amended by Stats. 1995, Ch. 734, Sec. 8. Effective January 1, 1996.
The notice of parking violation shall be accompanied by a written notice of the amount of the parking penalty due for that violation, the address of the person authorized to receive a deposit of the parking penalty, a statement in bold print that payments of the parking penalty for the parking violation may be sent through the mail, and instructions on obtaining information on the procedures to contest the notice of parking violation.
Amended by Stats. 2009, Ch. 415, Sec. 6. (AB 144) Effective January 1, 2010.
22507.8 or an ordinance or resolution adopted pursuant to Section 22511.57 shall be not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000).
payment.
Added by Stats. 2009, Ch. 415, Sec. 7. (AB 144) Effective January 1, 2010.
Amended by Stats. 2015, Ch. 112, Sec. 1. (AB 1151) Effective January 1, 2016.
of an inability to pay the parking penalty in full.
Amended by Stats. 1992, Ch. 1244, Sec. 18. Effective January 1, 1993. Operative July 1, 1993, by Sec. 39 of Ch. 1244.
If a person contests the parking violation, the processing agency shall proceed in accordance with Section 40215.
Amended by Stats. 1992, Ch. 1244, Sec. 19. Effective January 1, 1993. Operative July 1, 1993, by Sec. 39 of Ch. 1244.
Amended by Stats. 1993, Ch. 1093, Sec. 9. Effective January 1, 1994.
Amended (as amended by Stats. 2010, Ch. 471, Sec. 2) by Stats. 2011, Ch. 325, Sec. 2. (AB 1041) Effective January 1, 2012. Section operative January 1, 2016, by its own provisions.
agency within 21 calendar days from the date of issuance of the citation or 14 calendar days after the mailing of the notice of delinquent parking violation, the parking penalty shall consist solely of the amount of the original penalty. Additional fees, assessments, or other charges shall not be added.
Added by Stats. 1986, Ch. 939, Sec. 15.
The notice of delinquent parking violation shall contain, or be accompanied with, an affidavit of nonliability and information of what constitutes nonliability, information as to the effect of executing the affidavit, and instructions for returning the affidavit to the issuing agency.
Amended by Stats. 1996, Ch. 1156, Sec. 8. Effective January 1, 1997.
If the affidavit of nonliability is returned to the processing agency within 30 calendar days of the mailing of the notice of delinquent parking violation together with the proof of a written lease or rental agreement between a bona fide rental or leasing company, and its customer which identifies the rentee or lessee and provides the driver’s license number, name, and address of the rentee or lessee, the processing agency shall serve or mail to the rentee or lessee identified in the affidavit of nonliability a notice of delinquent parking violation. If payment is not received within 21 calendar days from the date of issuance of the citation or 14 calendar days after the mailing of the notice of delinquent parking violation, the processing agency may proceed against the rentee or lessee pursuant to Section 40220.
Amended by Stats. 2008, Ch. 741, Sec. 3. Effective January 1, 2009.
Amended by Stats. 1995, Ch. 734, Sec. 13. Effective January 1, 1996.
For the purposes of this paragraph, a copy of the notice of delinquent parking violation may be a photostatic copy.
Amended by Stats. 2025, Ch. 346, Sec. 1. (AB 1299) Effective January 1, 2026.
extenuating circumstances make dismissal of the citation appropriate in the
interest of justice, the issuing agency shall cancel the notice of parking violation or notice of delinquent parking violation. The issuing agency shall advise the processing agency, if any, of the cancellation. The issuing agency or the processing agency shall mail the results of the initial review to the person contesting the notice, and, if following that review, cancellation of the notice does not occur, include a reason for that denial, notification of the ability to request an administrative hearing, and notice of the procedure adopted pursuant to subdivision (b) for waiving prepayment of the parking penalty based upon an inability to pay.
mailing of the results of the issuing agency’s initial review. The request may be made by telephone, in writing, or in person. The person requesting an administrative hearing shall deposit the amount of the parking penalty with the processing agency. The issuing agency shall adopt a written procedure to allow a person who is indigent, as defined in Section 40220, to request an administrative hearing without payment of the parking penalty upon satisfactory proof of an inability to pay the amount due. An administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to this article. The person requesting the hearing may request one continuance, not to exceed 21 calendar days.
administrative hearing shall be conducted in accordance with written procedures established by the issuing agency and approved by the governing body or chief executive officer of the issuing agency. The hearing shall provide an independent, objective, fair, and impartial review of contested parking violations.
issuance. The examiner shall be separate and independent from the citation, collection, or processing function. An examiner’s continued employment, performance evaluation, compensation, and benefits shall not, directly or indirectly, be linked to the amount of fines collected by the examiner.
(ii) Training may be provided through any of the following:
(II) A program conducted by the Commission on Peace Officer Standards
and Training.
(III) American Arbitration Association or a similar established organization.
(IV) Through a program approved by the governing board of the issuing agency, including a program developed and provided by, or for, the issuing agency.
(iii) Training programs may include topics relevant to the administrative hearing, including, but not limited to, applicable laws and regulations, parking enforcement procedures, due process, evaluation of evidence, hearing procedures, and effective oral and written communication.
(iv) Upon the approval of the governing board of the issuing agency, up to 12 hours of relevant experience may be substituted for up to 12
hours of training. In addition, up to eight hours of the training requirements described in clause (i) may be credited to an individual, at the discretion of the governing board of the issuing agency, based upon training programs or courses described in clause (ii) that the individual attended within the last five years.
examiner’s decision following the administrative hearing may be personally delivered to the person by the examiner or sent by first-class mail, and, if the notice is not cancelled, include a written reason for that denial.
waiver of the parking penalty if the person provides evidence satisfactory to the examiner or the issuing agency, as the case may be, of either an inability to pay the parking penalty in full, or any other extenuating circumstances relevant to payment of the parking penalty, including, but not limited to, documented homelessness status and financial hardship. If authorized by the governing board of the issuing agency, the examiner may permit the performance of community service in lieu of payment of a parking penalty.
Amended by Stats. 2025, Ch. 346, Sec. 2. (AB 1299) Effective January 1, 2026.
persons that, at a minimum, does all of the following:
(I) Allows payment of unpaid parking penalties and related service fees in monthly installments of no more than twenty-five dollars ($25) for total amounts due that are five hundred dollars ($500) or less. The amount of late fees and penalty assessments waived pursuant to subclause (II) shall not be counted in calculating that total amount of five hundred dollars ($500) or less. Unpaid parking penalties and fees shall be paid off within 24 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
(II) Waives all late fees and penalty assessments, exclusive of any state surcharges described in Sections 70372, 76000, and 76000.3 of the Government Code, if an indigent person enrolls in the payment plan. Waived late fees and penalty assessments may be reinstated if the person
falls out of compliance with the payment plan.
(III) Limits the processing fee to participate in a payment plan to five dollars ($5) or less for indigent persons. The processing fee for an indigent person may be added to the payment plan amount, at the discretion of the indigent person. If a processing agency offers a payment plan option to persons who are not indigent, limits the processing fee to participate in the payment plan to twenty-five dollars ($25) or less.
(IV) Allows a person to file a request to participate in a payment
plan at any time.
(ii) The processing agency includes the information described in subclauses (I) and (II) in the notice of parking violation, and includes both in the notice of parking violation and on its public internet website, a web page link and telephone number to more information on the payment program. Each processing agency shall ensure that the linked internet web page is readily accessible in a prominent location on the parking citation payment section of the agency’s internet website and includes all of the following information:
(I) The availability of an installment payment plan and the timeframe in which to apply.
(II) The person’s right to request an indigency determination and the timeframe in which the person must apply.
(III) Clear language about how the person can request an indigency determination and what that determination will entail.
(IV) Documents needed by the processing agency to make an indigency determination.
(iii) The person fails to enroll in the payment plan within the time specified in the notice or is not eligible for the payment plan because the person is not indigent.
(B) The processing agency shall allow a person who falls out of compliance with the payment plan a one-time extension of 45 calendar days from the date the payment plan becomes delinquent to resume payments before the processing agency files an itemization of unpaid parking penalties and related service fees with the department pursuant to subparagraph (A).
(C) The processing agency shall rescind the filing of an itemization of unpaid parking penalties and related service fees with the department for an indigent person, for one time only, if the registered owner or lessee enrolls in a payment plan and pays a late fee of no more than five dollars ($5).
(D) (i) Each California State University and community college district governing board shall adopt a parking citation payment plan for persons with multiple unpaid parking citations. A parking citation payment policy adopted under this subparagraph shall include, but not be limited to, all of the following requirements:
(I) Late fees shall be placed in abeyance while the payment plan is in place and the person adheres to its terms, and shall be waived once the payment plan is completed.
(II) Once the payment plan is in place and the person adheres to its terms, an itemization of unpaid parking penalties and service fees as described in subparagraph (A) shall not be filed with the department.
(III) Each California State University and community college district campus shall post the parking citation payment policy on its internet website for students’ awareness and access.
(ii) A California State University or community college district governing board that fails to implement a parking citation payment plan pursuant to clause (i) shall implement the payment plan as provided in subparagraphs (A) to (C), inclusive, and subdivision (c).
been accrued by a person or registered owner, proof thereof may be filed with the court and shall have the same effect as a civil judgment. Execution may be levied and other measures may be taken for the collection of the judgment as are authorized for the collection of an unpaid civil judgment entered against a defendant in an action on a debtor. The court may assess costs against a judgment debtor to be paid upon satisfaction of the judgment. The processing agency shall send a notice by first-class mail to the person or registered owner indicating that a judgment shall be entered for the unpaid penalties, fees, and costs and that, after 21 calendar days from the date of the mailing of the notice, the judgment shall have the same effect as an entry of judgment against a judgment debtor. The person or registered owner shall also be notified at that time that execution may be levied against their assets, liens may be placed against their property, their wages may be garnished, and other steps may be taken to
satisfy the judgment. If a judgment is rendered for the processing agency, the processing agency may contract with a collection agency to collect the amount of the judgment.
notified the processing agency pursuant to Section 4764.
(A) The person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code.
(B) The person receives public benefits from a program listed in subdivision (a) of Section 68632 of the Government Code.
income criteria set forth in subdivision (b) of Section 68632 of the Government Code, subject to review and approval by the processing agency or its designee. The processing agency or its designee shall not unreasonably withhold its approval.
Amended by Stats. 2019, Ch. 495, Sec. 2. (AB 833) Effective October 3, 2019. Repealed as of January 1, 2027, by its own provisions.
application for an indigency determination, a person who falls out of compliance with a payment plan, except as set forth in subdivision (d), or a person who the processing agency has determined is not an indigent person.
determination will entail.
total amount of three hundred dollars ($300) or less. Unpaid parking penalties and related service fees shall be paid off within 18 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
processing agency shall allow an indigent person who falls out of compliance with the payment plan a one-time extension of 45 calendar days from the date the payment plan became delinquent to resume payment.
repealed.
Amended by Stats. 1992, Ch. 1244, Sec. 28. Effective January 1, 1993. Operative July 1, 1993, by Sec. 39 of Ch. 1244.
The processing agency shall not file a civil judgment with the court relating to a parking violation which has been filed with the department unless the processing agency has determined that the registration of the vehicle has not been renewed for 60 days beyond the renewal date and the citation has not been collected by the department pursuant to Section 4760.
Amended by Stats. 2008, Ch. 741, Sec. 5. Effective January 1, 2009.
The processing agency shall terminate proceedings on a notice of a delinquent parking violation or violations in all of the following cases:
Amended by Stats. 1995, Ch. 734, Sec. 17. Effective January 1, 1996.
The time limitation provided by law for commencement of a civil action for a violation specified in Section 40200 shall be tolled from and after the date a notice of delinquent parking violation is filed with the department pursuant to subdivision (b) of Section 40220 until the notice is returned to the processing agency under subdivision (b) of Section 4760 or Section 4762 or 4764 or is recalled by the processing agency pursuant to subdivision (d) of Section 40211.
Amended by Stats. 2023, Ch. 297, Sec. 3. (AB 256) Effective January 1, 2024.
of Motor Vehicle records, that no current registration exists for that vehicle. A citation shall not be issued for failure to comply with subdivision (a) of Section 5204 against any vehicle that has a current registration on file with the department. If the person authorized to enforce parking laws and regulations does not have immediate access to those records, a citation shall not be issued for failure to comply with subdivision (a) of Section 5204. A person authorized to enforce parking laws and regulations shall issue a written notice of parking violation for a vehicle that does not have a tab or a verified current registration, setting forth the alleged violation. The violation shall be processed pursuant to this section.
the second month after the month of expiration of the vehicle’s registration. This paragraph shall become inoperative on January 1, 2030.
as adopted by the Judicial Council, except that upon proof of the correction to the processing agency, the penalty shall be reduced to ten dollars ($10).
Added by Stats. 2002, Ch. 640, Sec. 5. Effective January 1, 2003.
An issuing agency may, in lieu of collecting a fine for a citation for failure to display a disabled placard, charge an administrative fee not to exceed twenty-five dollars ($25) to process cancellation of a citation in any case where the individual who received the citation can show proof that he or she had been issued a valid placard at the time the citation was received.
Amended by Stats. 2007, Ch. 738, Sec. 43. Effective January 1, 2008.