15.160 Waiver of OHV Fees and/or Penalties (VC §38247)

Under specific circumstances DMV is authorized to waive the unpaid OHV fees and/or penalties due. The unpaid OHV fees and penalties are the personal debt of the transferor who did not pay the fees and penalties when they became due. DMV may
collect waived fees and penalties in an appropriate civil action.

DMV Policy—A penalty may be waived by the manager or designee when an employee of DMV or any other state agency gives an applicant erroneous information which causes a penalty to become due.

Transfer Applications—Fees and Penalties may be waived for any year upon payment of the OHV fees due for the current year when a transferee applies for transfer and it is determined that the OHV fees for any year are unpaid and due, that the fees became due prior to the transferee’s purchase of the vehicle, and that the transferee was not aware of the fact that the fees were unpaid and due. A current OHV plate must be on the OHV for the year which fees are believed to be paid to waive fees and penalties.

Other Applications—Penalties may be waived on any application upon payment of the fees then due for OHV identification when the manager or designee determines that circumstances caused the penalties to accrue through no fault or intent of the owner. Only penalties may be waived when the customer states there is not a current OHV plate on the vehicle.

Determining Fee and/or Penalty Waivers—The conditions under which fees and/or penalties may be waived are specific. Therefore, when a customer indicates they are not aware of outstanding fees and/or penalties due on a vehicle, you must verbally discuss the circumstances with the customer to determine if it is appropriate to waive the fees and/or penalties in question.

The following must be submitted:

• A Statement of Facts (REG 256) form with the OHV plate number which states they were not aware of any unpaid fees and penalties.

The procedures below must be followed:

• Confirm that the customer was not aware that the fees had not been paid.
• Ask why the customer believes the fees and/or penalties were paid and not due.
• Verify that the fees and/or penalties in question became due or prior to the customer’s purchase date.
• Attach the REG 256 to the application, if the fee waiver is approved.
• Collect the transfer fee and any other fees due.
  • Waive the OHV fee and penalty due for the year in question if a current OHV plate is on the OHV.
  • Waive only the penalties if a current OHV plate is not on the vehicle.
• Issue an OHV plate if the application is complete.