Affidavit of Nonliability in California: Rented, Leased or Stolen Vehicles

What Is an Affidavit of Nonliability?

An affidavit of nonliability is a form that comes with a civil camera notice in California: an AB 645 speed camera notice (Vehicle Code 22426), a Malibu Pacific Coast Highway speed camera notice (Vehicle Code 22436) or an SB 720 red light camera notice (Vehicle Code 21455.9). These notices are issued to the registered owner, based on the photo of the rear license plate.

The law lists two situations in which the affidavit moves or ends the owner’s responsibility: a vehicle rented or leased from a rental company or through a personal vehicle sharing program, and a stolen vehicle. It does not list a friend, family member or employee driving your car.

Returning the affidavit is different from contesting the notice. With the affidavit, you are not arguing that no violation occurred. You are showing that the vehicle was rented, leased or stolen at the time.

When the Affidavit Applies

The affidavit applies only in the two situations the law lists. Each one needs its own proof.

• The vehicle was rented or leased from a bona fide rental company, or was being used through a personal vehicle sharing program. A private arrangement, such as lending or renting your car to a friend, does not count. Return the affidavit with a copy of the written rental or lease agreement that identifies the renter, and the agency mails the notice to the renter.
• The vehicle was stolen at the time of the violation. Return the affidavit with a copy of the police report, and the agency does not hold the registered owner responsible.

If Someone Else Was Driving Your Car

For AB 645, Malibu and SB 720 civil notices, someone else driving your car is not one of the listed exceptions. The notice is issued to the registered owner based on the photo of the rear license plate (Vehicle Code 22426(b)). You can still request an initial review within 30 calendar days of the mailing date, following the instructions on the notice.

A vehicle you sold before the violation date is handled separately: a seller who reported the sale to the DMV is not treated as the owner for later use of the vehicle (Vehicle Code 5602). San Francisco, for example, describes a process on its protest page. Follow the instructions on your notice.

A traditional red light camera citation is different. It is a court case under Vehicle Code 21455.5, and it comes with an affidavit of nonliability and information on when it applies (Vehicle Code 40520). That affidavit covers a vehicle rented or leased from a rental or leasing company, and the issuing agency may also let the registered owner identify the driver. If you were not driving, follow the instructions on the notice, which explain how to raise it in court or in your Trial by Written Declaration.

What Information You Need

The affidavit form that comes with your notice says exactly what it needs. For a civil camera notice, expect to provide the following.

• Your notice number.
• Your name and contact information as the registered owner.
• For a rented or leased vehicle: a copy of the written rental or lease agreement that identifies the renter or lessee.
• For a stolen vehicle: a copy of the police report.
• Your signature on the affidavit, as the form requires.

How to Return the Affidavit

The notice must include the affidavit, information on what counts as nonliability, what returning it does and how to return it. Follow those instructions.

1. Find the affidavit of nonliability that came with your notice.
2. Fill it out and attach the rental or lease agreement or the police report.
3. Sign it as the form requires.
4. Keep a copy of everything you send.
5. Return it to the processing agency named on the notice, by the method the notice describes.
6. Make sure it arrives within 30 calendar days of the date the notice was mailed.

What Happens After You Return It

For a rented or leased vehicle, the agency mails a notice of violation to the renter or lessee named in the agreement. For a stolen vehicle with a police report, the agency does not hold the registered owner responsible.

If the affidavit is not accepted, for example because the proof is missing or it arrived late, the notice explains your options. The deadline to request an initial review is also 30 calendar days from the mailing date.

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 →