The criteria used in reviewing a Request for Citation Review (Administrative Review) is carefully defined in the California Vehicle Code. All completed administrative reviews must contain a written explanation from the reviewer why the review was approved or disapproved. In addition, any administrative review finding that deviates from this guideline must be supported by a detailed written explanation.

The categories listed below correspond with the categories on the Citation Cancellation Request (DPS-46).

MALFUNCTIONING METER

Acceptable Reason:

  • Meter or permit dispenser jammed, broken, or not keeping accurate time as verified by the citing officer or a Parking Services employee.

Unacceptable Reason:

  • Unsubstantiated claim by violator that the meter or permit dispenser was not operating properly.
STOLEN VEHICLE

Acceptable Reason:

  • Vehicle stolen prior to date/time citation issued. A police report is required.

Unacceptable Reason:

  • No proof that vehicle was stolen or that vehicle was stolen before citation was issued.
LEGAL IMMUNITY

Acceptable Reason:

  • CSUMB vehicle with an exempt plate parked in metered space without paying, green zones for unlimited time, time limit zones for unlimited time, and parked without a permit.
  • Vehicle with disabled person placard or plate parked in metered space without paying, disabled person parking space, green zones for unlimited time, and time limit zones for unlimited time.
  • Vehicle with California press plate parked without a permit.
  • Vehicle with exempt plate parked without a permit.

Unacceptable Reason:

  • Diplomatic immunity (does not apply to civil penalties).
  • Any vehicle with an exempt plate, disabled placard, or press plate committing any parking violation classified as a public safety violation (see Appendix for list of public safety violations).
DPS EMPLOYEE ERROR

Acceptable Reasons:

  • Officer made a mistake or omitted information on the citation.
  • Officer issued a citation for the wrong section.
  • Vehicle cited was on the Do Not Cite list.
  • Parking permit was visibly displayed in the vehicle. Violator must show the visibly displayed permit to the citing officer before the citing officer leaves the parking lot or parking area.
  • Citation issued outside officer's jurisdiction (e.g. federal property).
UNIVERSITY ERROR

Acceptable Reasons:

  • Parking lot not posted with a regulatory sign
  • Sign missing or sign so obscured or defaced that it could not be read
  • Vehicle mistakenly not listed on the Do Not Cite list
  • Incorrect permit issued or no permit issued when fees paid
  • Another citation was issued for the same offense on the same calendar day at the same location.

Unacceptable Reasons:

  • Courtesy parking was not arranged by an individual or department prior to the issuance of a citation.
  • Violator objects to the size, design, location, or number of parking regulatory signs.
OTHER ("Compelling Extenuating Circumstances")

Acceptable Reasons:

  • Permit was not visible but was in vehicle as shown to citing officer at time citation was issued. Citing officer must still be in the parking lot or parking area.
  • Violator told by police officer or other UPD personnel that s/he could park in a specific area or manner and was then cited. Statement will be verified with the identified UPD employee.
  • Permit stolen (requires a police report).
  • Violator was getting change for a parking meter or permit dispenser (10 minute maximum).

Unacceptable Reasons:

  • Violator was unaware s/he was in violation of a parking regulation; violator was not informed of parking regulations.
  • Violator didn't see a regulatory sign (but one was posted) or didn't understand the sign.
  • Violator is new to the area; violator is not familiar with the campus.
  • Violator is a new employee/consultant/student.
  • Permit left in another car, left at home, left at work.
  • Permit is not visible--permit is in the glovebox, under the front seat.
  • Permit lost but loss not reported to the police.
  • Vehicle in for repair, violator drove a rental/friend's/different vehicle.
  • Vehicle was only parked for a short period.
  • Violator was running an errand; violator was on university business.
  • Violator was late for class or late for a meeting.
  • Violator left someone in the car.
  • Violator left the hazard lights on.
  • Violator left a note in the car explaining his/her whereabouts.
  • There was no convenient parking available.
  • The penalty is excessive; violator can't afford the penalty.
  • Police officer or CSO saw the violator park but took no action or did not warn the violator.
  • Someone other than the registered owner was driving the vehicle
  • Other violators in the area were not cited.
  • The violation was not enforced in the past.
  • Violator has parked in the same area before and did not receive a citation.
  • Violator never received a copy of the citation; violator didn't know about citation until s/he received a late notice.
APPENDIX

All violations are classified as either public safety or non-public safety violations. Public safety violations are classified as such because they may pose a significant hazard to the general public. Accordingly, a public safety violation should not be dismissed unless it was precipitated by a bona-fide emergency situation.

The following parking violations are classified as public safety violations:

  • Parked in a red zone
  • Parked outside a marked stall
  • Parked on a crosswalk
  • Parked on a sidewalk
  • Double parked
  • Parked blocking a sidewalk access ramp
  • Parked in a disabled stall or space
  • Parked with the right wheels more than 18" from the right curb; right hand parallel parking required
  • Parked in a fire lane
  • Parked within 15 feet of a fire hydrant
Posted by Lupe Cabeca on Jan 19, 2012 -