Statutory 'Driver Other Than Owner' Affidavit
Under Tex. Transp. Code § 682.008, the registered owner is presumed to be the person who parked the vehicle. This is a REBUTTABLE presumption. By signing a sworn affidavit identifying the actual driver (e.g., spouse, employee, child, friend, valet), the registered owner can shift liability and walk away from the citation. Some cities resist this, but the affidavit + driver's signed statement + proof of identity is generally sufficient. Useful for parents whose teen drove the car, employers whose employee took the company vehicle, and rental fleets.
Legal basis
Tex. Transp. Code § 682.008; Tex. Civ. Prac. & Rem. Code § 132.001 (unsworn declaration)
Sample appeal wording
TRANSFER OF LIABILITY AFFIDAVIT I, [REGISTERED OWNER NAME], owner of vehicle [PLATE], state under penalty of perjury (Tex. Civ. Prac. & Rem. Code § 132.001) that I was NOT the operator of the vehicle at [TIME] on [DATE] when citation [NUMBER] was issued at [LOCATION]. The actual driver was [DRIVER NAME, DOB, ADDRESS, DL#], who has consented and signed below. Pursuant to Tex. Transp. Code § 682.008, the presumption of operator identity is rebutted. Registered Owner Signature: ____________ Date: __________ Driver Signature: ____________ Date: __________ Attached: copies of both parties' driver's licenses.
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Tex. Transp. Code § 682.008
- Tex. Civ. Prac. & Rem. Code § 132.001