Declaration of Non-Ownership (or) Lease/Rental

A declaration of non-ownership (or) lease/rental is a form that you can fill up to prove that during a particular period in time, a vehicle registered under your name has been legally sold, leased, or rented when a parking or traffic violation occurred.

This form should be submitted within 30 days from the date of the supposed parking or traffic violation. To whom it should be submitted will depend on the circumstances of the case. It is important to submit the form within 30 days, particularly if you are someone who is under probation. If it is not filed on time, the court will assume that you owned the vehicle involved in the violation and you will have to pay for the ticket or risk violating your probation.

To help give you a better understanding of a declaration of non-ownership, our defense attorneys discuss some important matters that you should know in the following article.

Uses of a Declaration of Non-Ownership

This form is a legal document that you can submit either in court, DMV, or any other government agency. In California, it is used by drivers to formally claim that they do not own a vehicle or that it was leased or rented when a parking or traffic violation occurred. Due to the form being a legal document, if you make a claim of non-ownership using the form, you make this claim under the penalty of perjury.

Another important use for this form is for drivers that have been convicted for a DUI. If the said driver files this form, it can exempt them from having to install an ignition interlock device, otherwise known as an “IID.”

How to File a Declaration of Non-Ownership?

A declaration of non-ownership is a short form that is usually composed of one page. When you fill-up this form, you must indicate the following:

• Personal information
• Check the appropriate box indicating whether the vehicle was: (may vary depending on where the form was taken from)
  • sold or transferred to someone else,
  • you are not the owner and did not commit the violation, OR
  • leased or rented under a written agreement.
• Sign the form under penalty of perjury
• Mail/submit the form to the appropriate court, DMV, or government agency

Who Can Use This Form?

In California, drivers who want to claim that they do not own a vehicle or that it was leased or rented when a parking or traffic violation occurred may use this form. It is particularly useful for persons:

• Who have received a parking ticket
• Who have received a traffic ticket
• Who have been ordered to install an IID

Filing this form can be an effective defense to a traffic or parking ticket. Because by filing the form, you can legally claim that you do not own the vehicle that was involved in the parking or traffic violation.

For drivers that have been convicted of a DUI, one of the common penalties that may be imposed upon them is the installation of an IID. The court may order a convicted driver to install an IID on all the vehicles they own. The court may issue this order even though the driver does not own any vehicles. The driver must formally claim that they do not own a vehicle by filing a declaration of non-ownership with the court and/or the DMV.

Where to Send the Form?

Where to send the form will depend on the circumstances of your case. If you have been issued a ticket or convicted by a court, the ticket or court order will contain information on where to send the declaration of non-ownership.

If you are contesting a ticket, you usually have to file the form with the town or city that issued the ticket. Parking enforcement agencies usually have their own version of the form.

If the ticket was issued in a CSU campus or Junior College in California, the Parking Management Bureau will have their own form.[1]

For ignition interlock device exemption, the DMV has their own form called DL 4062.[2] If you already sold your vehicle, the DMV also has another form[3] called “Notice of Transfer and Release of Liability” or “NRL.”[4]

When to File the Form?

As mentioned earlier, the form must be mailed within 30 days of the ticket or court order. It must be postmarked within that period. Otherwise, the court or government agency may disregard the filing of the form.

If you file the form late or outside the 30day period, you will be expected to pay the associated fines related to the ticket.

For IIDs, if you do not apply for an exemption, you will be expected to install an IID and prove it to the court, even though you may not own a vehicle. If you do not apply for an exemption and you do not comply with the order to install the IID, if even though you do not own a vehicle, will constitute a violation of your DUI probation which can lead to stricter probation or even jail time.

Mistakes happen. Penalties and jail don’t have to.

Nobody wants to pay for a ticket or go to jail for an offense or violation that they did not commit. A declaration of non-ownership may be the only proof that you need to prove your innocence to avoid being harshly penalized. Although we are fielding inquiries from a lot of people in similar situations, we will do our best to put you in contact with an experienced lawyer from our firm.