Affidavit of Nonliability in California: When You Were Not the Driver

What Is an Affidavit of Nonliability? (CVC 21453(a) and CVC 22350)

An affidavit of nonliability is a sworn declaration stating that you were not the person driving the vehicle at the time an automated camera citation was issued. Because camera-based enforcement — whether for a CVC 21453(a) (Red Light) violation or a CVC 22350 (Speed Camera) notice — captures the vehicle rather than the driver, the citation is sent to the registered owner of the vehicle, who may not have been driving at the time.

California law allows registered vehicle owners to submit an affidavit of nonliability if they were not operating the vehicle when the alleged violation occurred. This process applies to both red light camera citations and speed camera notices under AB 645.

Submitting an affidavit of nonliability is different from contesting the citation on its merits. With an affidavit, you are not arguing that no violation occurred. Instead, you are stating that you were not the person responsible because you were not driving.

When to Use an Affidavit of Nonliability

You may want to submit an affidavit of nonliability in several common situations. The key requirement is that you were genuinely not the person driving the vehicle at the time the camera captured the alleged violation.

• Someone else was driving your vehicle at the time of the alleged violation.
• Your vehicle was lent to a friend, family member, or employee.
• Your vehicle had been sold but the registration had not yet been transferred.
• Your vehicle was stolen or being used without your permission.
• A rental car company registered the vehicle in your name.

What Information You Need

To complete an affidavit of nonliability, you will typically need certain information. The specific requirements may vary depending on whether the citation is a red light camera ticket or a speed camera notice, and which jurisdiction issued it.

• Your citation or notice number.
• Your name and contact information as the registered vehicle owner.
• A statement that you were not the driver at the time of the alleged violation.
• In some cases, you may be asked to identify the driver, though AB 645 speed camera notices generally do not require this.
• Your signature, which may need to be made under penalty of perjury.

For red light camera tickets, the process may differ from speed camera notices. Some red light camera programs include an affidavit form with the citation, while others require you to download or request the form separately. Check the instructions included with your notice for guidance.

How to Submit an Affidavit of Nonliability

The submission process depends on the jurisdiction that issued your citation. Generally, you will need to complete the affidavit form and return it to the issuing agency or court before the deadline listed on your notice.

1. Locate the affidavit form included with your notice or available on the issuing agency’s website.
2. Complete the form with all required information.
3. Sign the form under penalty of perjury, as required.
4. Make a copy of the completed form for your records.
5. Submit the form by mail, online, or in person according to the instructions on your notice.
6. Submit before the deadline to ensure your affidavit is processed.

What Happens After You Submit

After the issuing agency receives your affidavit of nonliability, they will review it. If your affidavit is accepted, the citation against you as the registered owner should be dismissed. Depending on the program, a new citation may be issued to the person identified as the driver, or the matter may simply be closed.

If your affidavit is not accepted, you will typically be notified and given additional options for responding. Reasons an affidavit might not be accepted include incomplete information, missing signature, or submission after the deadline.

Processing times vary by jurisdiction. You should receive confirmation that your affidavit was received and a notification of the outcome. If you do not hear back within a reasonable time, consider following up with the issuing agency.

Learn how to contest a speed camera ticket. How to Contest a Speed Camera Ticket →

Learn how to contest a red light camera ticket. How to Contest a Red Light Camera Ticket →