Title 16A Transportation
Chapter 16A.85 Street Racing
Section 16A.85.040 Notice of Infraction to Registered Owner
- The registered owner of a vehicle shall be deemed in violation of section 16A.85.030 unless the registered owner overcomes the presumption in subsection 16A.85.040.C, or in the case of a rental car business, satisfies the conditions under subsection 16A.85.040.D.
- A notice of infraction must be mailed to the registered owner of the vehicle within 14 days of the violation, or to the renter of a vehicle within 14 days of establishing the renter’s name and address under subsection 16A.85.030.F. The law enforcement officer issuing the notice of infraction shall include a certificate or facsimile of the notice, based upon inspection of video evidence, stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this section. SPD video evidence supporting the violation must be available for inspecation and admission into evience in a proceeding to adjudicate the liability for the infraction. A person receiving a notice of infraction based on video evidence may respond to the notice by mail.
- If the registered owner of the vehicle is not a rental car business, the recipient of a notice of infraction is not liable for the infraction if the recipient demonstrates, by a preponderance of the evidence, that at the time of the violation the recipient either was not the registered owner of the vehicle or that the vehicle was stolen.
- If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction is issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car busines if the rental car business does not, within 18 days of receiving the written notice, provide to the issuing agency by return mail:
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- A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred;
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- A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft; or
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- Payment of the applicable penalty in lieu of identifying the vehicle operator.
Timely mailing of a statement under this subsection to the issuing law enforcement agency relieves a rental car business of any liability under this section for the notice of infraction.
Date Passed: Monday, June 8, 2026
Effective Date: Wednesday, July 22, 2026
ORD C36883 Section 1
