Veh. Code, § 40610 · Article 4. Notice to Correct Violation
Veh. Code, § 40610
Not yet in force
Repealed (in Sec. 4) and added by Stats. 2022, Ch. 595, Sec. 5. (AB 2496) Effective January 1, 2023. Operative January 1, 2027, by its own provisions.
(a) (1) Except as provided in paragraph (2), if, after an arrest, crash investigation, or other law enforcement action, it appears that a violation has occurred involving a registration, license, all-terrain vehicle safety certificate, or mechanical requirement of this code, and none of the disqualifying conditions set forth in subdivision (b) exist and the investigating officer decides to take enforcement action, the officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator’s promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency.
(2) If a person is arrested for a violation of Section 4454, and none of the disqualifying conditions set forth in subdivision (b) exist, the arresting officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator’s promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency. In lieu of issuing a notice to correct violation pursuant to this section, the officer may issue a notice to appear, as specified in Section 40522.
(b) Pursuant to subdivision (a), a notice to correct violation shall be issued as provided in this section or a notice to appear shall be issued as provided in Section 40522, unless the officer finds any of the following:
(1) Evidence of fraud or persistent neglect.
(2) The violation presents an immediate safety hazard.
(3) The violator does not agree to, or cannot, promptly correct the violation.
(c) If any of the conditions set forth in subdivision (b) exist, the procedures specified in this section or Section 40522 are inapplicable, and the officer may take other appropriate enforcement action.
(d) Except as otherwise provided in subdivision (a), the notice to correct violation shall be on a form approved by the Judicial Council and, in addition to the owner’s or operator’s address and identifying information, shall contain an estimate of the reasonable time required for correction and proof of correction of the particular defect, not to exceed 30 days, or 90 days for the all-terrain vehicle safety certificate.
(e) This section shall become operative on January 1, 2027.
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) (1) Except as provided in paragraph (2), if, after an arrest, crash investigation, or other law enforcement action, it appears that a violation has occurred involving a registration, license, all-terrain vehicle safety certificate, or mechanical requirement of this code, and none of the disqualifying conditions set forth in subdivision (b) exist and the investigating officer decides to take enforcement action, the officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator’s promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency.
(2) If a person is arrested for a violation of Section 4454, and none of the disqualifying conditions set forth in subdivision (b) exist, the arresting officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator’s promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency. In lieu of issuing a notice to correct violation pursuant to this section, the officer may issue a notice to appear, as specified in Section 40522.
(b) Pursuant to subdivision (a), a notice to correct violation shall be issued as provided in this section or a notice to appear shall be issued as provided in Section 40522, unless the officer finds any of the following:
(1) Evidence of fraud or persistent neglect.
(2) The violation presents an immediate safety hazard.
(3) The violator does not agree to, or cannot, promptly correct the violation.
(4) The violation cited is of subdivision (a) of Section 27151 for a motorcycle.
(c) If any of the conditions set forth in subdivision (b) exist, the procedures specified in this section or Section 40522 are inapplicable, and the officer may take other appropriate enforcement action.
(d) Except as otherwise provided in subdivision (a), the notice to correct violation shall be on a form approved by the Judicial Council and, in addition to the owner’s or operator’s address and identifying information, shall contain an estimate of the reasonable time required for correction and proof of correction of the particular defect, not to exceed 30 days, or 90 days for the all-terrain vehicle safety certificate.
(e) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
Notes and commentary — not statutory text
History
Amended by Stats. 2022, Ch. 595, Sec. 4. (AB 2496) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 5 of Stats. 2022, Ch. 595.
History (not yet in force)
Repealed (in Sec. 4) and added by Stats. 2022, Ch. 595, Sec. 5. (AB 2496) Effective January 1, 2023. Operative January 1, 2027, by its own provisions.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=40610.
- Text hash
- sha256 6ec31fd21003e3af7959b799f8a130ee216f729991b452f54e539790df914080
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 8 provisions
Provisions in this library whose text cites Veh. Code, § 40610. Each shows the citation as that text prints it.
Vehicle Code
- Veh. Code, § 4454Printed as Section 40610
- Veh. Code, § 4854Printed as Section 40610
- Veh. Code, § 24019Printed as Section 40610
- Veh. Code, § 27158.1Printed as Section 40610
- Veh. Code, § 40303.5Printed as Section 40610
- Veh. Code, § 40522Printed as Section 40610
- Veh. Code, § 40611Printed as Section 40610
- Veh. Code, § 40618Printed as Section 40610
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.