California Vehicle Code

§ 40255

VEH § 40255 Effective Jan 1, 2023Div. 17 · Ch. 1 · Art. 4

Statute text

(a)Within 21 days from the issuance of the notice of toll evasion violation, or within 30 days from the mailing of the notice of delinquent toll evasion, whichever occurs later, a person may contest a notice of toll evasion violation or a notice of delinquent toll evasion, without having to deposit the outstanding toll or toll evasion penalty. In that case, the processing agency shall do the following:

(1)The processing agency shall either investigate with its own records and staff or request that the issuing agency investigate the circumstances of the notice with respect to the contestant’s written explanation of reasons for contesting the toll evasion violation. At a minimum, the processing agency or issuing agency shall review the evidence on which the alleged violation was based, including any photographs of the alleged violation, the department’s registered owner information, and confirmation that a full and complete payment was not made. If, based upon the results of that investigation, the processing agency is satisfied that the violation did not occur or that the registered owner was not responsible for the violation, the processing agency shall cancel the notice of toll evasion violation and make an adequate record of the reasons for canceling the notice. The processing agency shall mail the results of the investigation to the person who contested the notice of toll evasion violation or the notice of delinquent toll evasion violation, or may email the results if the person contesting the notice requests email notification in lieu of mail and provides an email address.

(2)If the person contesting a notice of toll evasion violation or notice of delinquent toll evasion violation is not satisfied with the results of the investigation provided for in paragraph (1), the person may, within 15 days of the mailing or emailing of the results of the investigation, deposit the amount of the toll evasion penalty and request an administrative review. If the person meets the income criteria in subdivision (a) of Section 40269.5, as verified by the issuing or processing agency or their designee, the person shall only be required to deposit the amount of the toll, and not the amount of the toll evasion penalty. After January 1, 1996, an administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding any time tolled pursuant to this article. The person requesting the hearing may request one continuance, not to exceed 21 calendar days.

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Legislative history

Repealed (in Sec. 10) and added by Stats. 2022, Ch. 969, Sec. 11. (AB 2594) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.