Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2010
 

Revenue and Taxation Code

Other Taxes

Part 5. Vehicle License Fee

Chapter 3. Collections and Refunds

Article 1. Payments

Section 10858

10858. Waivers of penalties to transferees. (a) When a transferee or purchaser of a vehicle applies for transfer of registration, as provided in Section 5902 of the Vehicle Code, and it is determined by the department that vehicle license fee penalties accrued prior to the purchase of the vehicle and that the transferee or purchaser was not cognizant of the nonpayment of the vehicle license fee for the current or prior registration years, the department may waive the vehicle license fee penalties upon payment of the vehicle license fees due.

(b) Other provisions of this code notwithstanding, the Director of Motor Vehicles may, at his discretion, investigate into the circumstances of any application for registration to ascertain if penalties had accrued through no fault or intent of the owner. Provided such circumstances prevail, the director may waive any penalties upon payment of the license fee then due.

(c) When a transferee or purchaser of a vehicle applies for transfer of registration of a vehicle, and it is determined by the department that license fees for the vehicle for any year are unpaid and due, that the fees became due prior to the transfer or purchase of the vehicle by the transferee or purchaser, and that the transferee or purchaser was not cognizant of the fact that the fees were unpaid and due, the department may waive the fees and any penalty thereon when both of the following conditions exist:

(1) The license plate assigned to the vehicle displays a validating device issued by the department, and the validating device contains the year number of the registration year for which the transferee or purchaser is requesting a waiver of fees and penalties.

(2) the transferee or purchaser has submitted to the department the registration card that indicates the vehicle is registered for the registration year indicated on the validating device displayed on the license plate assigned to the vehicle.

(d) Upon the transfer of a vehicle for which license fees and any penalties thereon are unpaid and due, such fees and penalties are, notwithstanding the provisions of Article 2 (commencing with Section 10876), the personal debt of the transferor of the vehicle who did not pay the fees and penalties when they became due or accrued. The fees and penalties may be collected by the department in an appropriate civil action if the department has waived the fees and penalties pursuant to subdivision (c).

History.—Stats. 1973, Ch. 889, p. 1649, in effect September 28, 1973, added "registration" before "years", deleted "and the transferor or registered owner of record whereabouts is unknown" after "years", and substituted "department" for "Department of Motor Vehicles". Stats. 1976, Ch. 935, p. 2141, in effect January 1, 1977, added "or purchaser" after "transferee" and substituted "provided" for "is provided for" in subdivision (a); substituted "the director" for "he" in the second sentence of subdivision (b); and added subdivisions (c) and (d). Stats. 1983, Ch. 759, in effect January 1, 1984, added "transfer or" before "purchase", substituted "both of the following conditions exist:" for "the license fees due for the vehicle for the current year are paid" after "when", and added subparagraphs (1) and (2) in subdivision (c); deleted "of this chapter" after "Section 10876)" in subdivision (d); and substituted "the" for "such" before "fees" in subdivisions (c) and (d).