BILL NUMBER: SB 124 CHAPTERED 07/27/07 CHAPTER 150 FILED WITH SECRETARY OF STATE JULY 27, 2007 APPROVED BY GOVERNOR JULY 27, 2007 PASSED THE SENATE APRIL 23, 2007 PASSED THE ASSEMBLY JULY 20, 2007 AMENDED IN SENATE APRIL 9, 2007 INTRODUCED BY Senator Ducheny JANUARY 23, 2007 An act to amend Section 40250 of the Vehicle Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 124, Ducheny. Evasion of tolls: registered owner. Under existing law, the registered owner, driver, rentee, or lessee of a vehicle cited for a toll evasion violation of an applicable statute, regulation, or ordinance is jointly and severally liable for the toll evasion penalty imposed by law. Existing law defines "registered owner" to mean a person registered by the Department of Motor Vehicles as the owner of a vehicle. This bill, for purposes of the above, would further define "registered owner" to include a person registered as the owner of the vehicle by the appropriate agency or authority of another state, the District of Columbia, or a territory or possession of the United States. This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 40250 of the Vehicle Code is amended to read: 40250. (a) Except where otherwise specifically provided, a violation of a statute, regulation, or ordinance governing the evasion of tolls on toll facilities under this code, under a federal or state statute or regulation, or under an ordinance enacted by a local authority including a joint powers authority, or a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code is subject to a civil penalty. The enforcement of a civil penalty is governed by the civil administrative procedures set forth in this article. (b) Except as provided in Section 40264, the registered owner, driver, rentee, or lessee of a vehicle cited for a toll evasion violation of a toll facility, under an applicable statute, regulation, or ordinance shall be jointly and severally liable for the toll evasion penalty imposed under this article, unless the owner can show that the vehicle was used without the express or implied consent of that person. A person who pays a toll evasion penalty, a civil judgment, costs, or administrative fees pursuant to this article has the right to recover the same from the driver, rentee, or lessee. (c) The driver of a vehicle who is not the vehicle owner but who uses or operates the vehicle with the express or implied permission of the owner is the agent of the owner to receive a notice of a toll evasion violation served in accordance with this article and may contest the notice of violation. (d) If the driver of the vehicle is in violation of a statute, regulation, or ordinance governing toll evasion violations, and if the driver is arrested pursuant to Article 1 (commencing with Section 40300) of Chapter 2, this article does not apply. (e) For the purposes of this article, the following definitions apply: (1) "Issuing agency" is an entity, public or private, authorized to collect tolls. (2) "Registered owner" is either of the following: (A) A person described in Section 505. (B) A person registered as the owner of the vehicle by the appropriate agency or authority of another state, the District of Columbia, or a territory or possession of the United States. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to allow an issuing agency or a processing agency to send a copy of a notice of toll evasion to the registered owner of a vehicle that is registered in another state, the District of Columbia, or in a territory or possession of the United States at the earliest possible time, it is necessary that this act take effect immediately.