BILL NUMBER: AB 1132 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY SEPTEMBER 7, 2005
PASSED THE SENATE SEPTEMBER 6, 2005
AMENDED IN SENATE AUGUST 29, 2005
AMENDED IN ASSEMBLY MAY 26, 2005
AMENDED IN ASSEMBLY APRIL 19, 2005
AMENDED IN ASSEMBLY MARCH 29, 2005
INTRODUCED BY Assembly Member Torrico
(Coauthors: Assembly Members Arambula, Dymally, and Leno)
FEBRUARY 22, 2005
An act to amend Section 14602.6 of, and to add Section 14602.4 to,
the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1132, Torrico Impounding vehicles.
Under existing law, whenever a peace officer determines that a
person was driving a vehicle without ever having been issued a driver'
s license, the peace officer is authorized to either immediately
arrest that person and cause the removal and seizure of that vehicle
or, if the vehicle is involved in a traffic collision, cause the
removal and seizure of the vehicle, without the necessity of
arresting the person. In either case, under existing law that vehicle
is required to be impounded for 30 days, subject to an earlier
release to the registered owner under specified circumstances and an
earlier release to the legal owner under other specified
circumstances.
This bill would require the impounding agency to release the
described impounded vehicle upon the request of the registered owner,
or the legal owner or his or her agent, without subjecting the
vehicle to the 30-day impoundment period and related restrictions.
The bill also would incorporate additional changes in Section
14602.6 of the Vehicle Code, to become operative only if AB 979 and
this bill are both enacted and become effective on or before January
1, 2006, and this bill is enacted last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14602.4 is added to the Vehicle Code, to read:
14602.4. (a) (1) Whenever a peace officer determines that a
person was driving a vehicle without ever having been issued a driver'
s license, the peace officer may either immediately arrest that
person and cause the removal and seizure of that vehicle or, if the
vehicle is involved in a traffic collision, cause the removal and
seizure of the vehicle, without the necessity of arresting the person
in accordance with Chapter 10 (commencing with Section 22650) of
Division 11.
(2) The impounding agency, within two working days of impoundment,
shall send a notice by certified mail, return receipt requested, to
the legal owner of the vehicle, at the address obtained from the
department, informing the owner that the vehicle has been impounded.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days'
impoundment when the legal owner redeems the impounded vehicle. The
impounding agency shall maintain a published telephone number that
provides information 24 hours a day regarding the impoundment of
vehicles and the rights of a registered owner to request a hearing.
(b) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or their agents shall be provided
the opportunity for a storage hearing to determine the validity of,
or consider any mitigating circumstances attendant to, the storage,
in accordance with Section 22852.
(c) Any period in which a vehicle is subjected to storage under
this section shall be included as part of the period of impoundment
ordered by the court under subdivision (a) of Section 14602.5.
(d) (1) An impounding agency shall release an impounded vehicle
upon the request of the legal owner or his or her agent, or the
registered owner.
(2) Except as provided in Section 4022, a vehicle shall not be
released pursuant to this subdivision without presentation of the
registered owner's, or the legal owner's or his or her agent's,
currently valid driver's license to operate the vehicle and proof of
current vehicle registration, or upon order of a court.
(3) A vehicle shall be released under this subdivision to a legal
owner described in paragraph (1) of subdivision (f) of Section
14602.6, subject to the conditions set forth in subdivision (f) of
Section 14602.6.
(e) The registered owner, or the legal owner or his or her agent,
is responsible for all towing and storage charges related to the
impoundment, and any administrative charges authorized under Section
22850.5.
(f) (1) The legal owner or the legal owner's agent may not
relinquish the vehicle to the registered owner until the registered
owner or that owner's agent presents his or her valid driver's
license or valid temporary driver's license to the legal owner or the
legal owner's agent. The legal owner or the legal owner's agent
shall make every reasonable effort to ensure that the license
presented is valid.
(2) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and any administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining custody of the vehicle.
(g) Notwithstanding any other provision of this section, the
registered owner and not the legal owner shall remain responsible for
any towing and storage charges related to the impoundment, any
administrative charges authorized under Section 22850.5, and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(h) The impounding agency is not liable to the registered owner
for the improper release of the vehicle to the legal owner or the
legal owner's agent provided the release complies with this section.
SEC. 2. Section 14602.6 of the Vehicle Code is amended to read:
14602.6. (a) (1) Whenever a peace officer determines that a
person was driving a vehicle while his or her driving privilege was
suspended or revoked, the peace officer may either immediately arrest
that person and cause the removal and seizure of that vehicle or, if
the vehicle is involved in a traffic collision, cause the removal
and seizure of the vehicle, without the necessity of arresting the
person in accordance with Chapter 10 (commencing with Section 22650)
of Division 11. A vehicle so impounded shall be impounded for 30
days.
(2) The impounding agency, within two working days of impoundment,
shall send a notice by certified mail, return receipt requested, to
the legal owner of the vehicle, at the address obtained from the
department, informing the owner that the vehicle has been impounded.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days'
impoundment when the legal owner redeems the impounded vehicle. The
impounding agency shall maintain a published telephone number that
provides information 24 hours a day regarding the impoundment of
vehicles and the rights of a registered owner to request a hearing.
(b) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or their agents shall be provided
the opportunity for a storage hearing to determine the validity of,
or consider any mitigating circumstances attendant to, the storage,
in accordance with Section 22852.
(c) Any period in which a vehicle is subjected to storage under
this section shall be included as part of the period of impoundment
ordered by the court under subdivision (a) of Section 14602.5.
(d) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of 30 days'
impoundment under any of the following circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, including a parking
service or repair garage.
(C) When the license of the driver was suspended or revoked for an
offense other than those included in Article 2 (commencing with
Section 13200) of Chapter 2 of Division 6 or Article 3 (commencing
with Section 13350) of Chapter 2 of Division 6.
(D) When the vehicle was seized under this section for an offense
that does not authorize the seizure of the vehicle.
(E) When the driver reinstates his or her driver's license or
acquires a driver's license and proper insurance.
(2) A vehicle shall not be released pursuant to this subdivision
without presentation of the registered owner's or agent's currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or upon order of a court.
(e) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
(f) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of 30 days' impoundment if all of the following
conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state or is another person, not the
registered owner, holding a security interest in the vehicle.
(2) The legal owner or the legal owner's agent pays all towing and
storage fees related to the seizure of the vehicle. No lien sale
processing fees shall be charged to the legal owner who redeems the
vehicle prior to the 15th day of impoundment. Neither the impounding
authority nor any person having possession of the vehicle shall
collect from the legal owner of the type specified in paragraph (1),
or the legal owner's agent any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
(3) The legal owner or the legal owner's agent presents either
lawful foreclosure documents or an affidavit of repossession for the
vehicle, and a security agreement or title showing proof of legal
ownership for the vehicle. Any documents presented may be originals,
photocopies, or facsimile copies, or may be transmitted
electronically. The impounding agency shall not require any documents
to be notarized. The impounding agency may require the agent of the
legal owner to produce a photocopy or facsimile copy of its
repossession agency license or registration issued pursuant to
Chapter 11 (commencing with Section 7500) of Division 3 of the
Business and Professions Code, or to demonstrate, to the satisfaction
of the impounding agency, that the agent is exempt from licensure
pursuant to Section 7500.2 or 7500.3 of the Business and Professions
Code.
Administrative costs authorized under subdivision (a) of Section
22850.5 shall not be charged to the legal owner of the type specified
in paragraph (1), who redeems the vehicle unless the legal owner
voluntarily requests a poststorage hearing. A city, county, city or
county, or state agency shall not require a legal owner or a legal
owner's agent to request a poststorage hearing as a requirement for
release of the vehicle to the legal owner or the legal owner's agent.
The impounding agency shall not require any documents other than
those specified in this paragraph. The impounding agency shall not
require any documents to be notarized.
As used in this paragraph, "foreclosure documents" means an
"assignment" as that term is defined in subdivision (o) of Section
7500.1 of the Business and Professions Code.
(g) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (f) may not release
the vehicle to the registered owner of the vehicle or any agents of
the registered owner, unless the registered owner is a rental car
agency, until after the termination of the 30-day impoundment period.
(2) The legal owner or the legal owner's agent may not relinquish
the vehicle to the registered owner until the registered owner or
that owner's agent presents his or her valid driver's license or
valid temporary driver's license to the legal owner or the legal
owner's agent. The legal owner or the legal owner's agent shall make
every reasonable effort to ensure that the license presented is
valid.
(3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and any administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining custody of the vehicle.
(h) (1) A vehicle removed and seized under subdivision (a) shall
be released to a rental car agency prior to the end of 30 days'
impoundment if the agency is either the legal owner or registered
owner of the vehicle and the agency pays all towing and storage fees
related to the seizure of the vehicle.
(2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental car agency may not rent another vehicle
to the driver of the vehicle that was seized until 30 days after the
date that the vehicle was seized.
(3) The rental car agency may require the person to whom the
vehicle was rented to pay all towing and storage charges related to
the impoundment and any administrative charges authorized under
Section 22850.5 that were incurred by the rental car agency in
connection with obtaining custody of the vehicle.
(i) Notwithstanding any other provision of this section, the
registered owner and not the legal owner shall remain responsible for
any towing and storage charges related to the impoundment, any
administrative charges authorized under Section 22850.5, and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(j) The impounding agency is not liable to the registered owner
for the improper release of the vehicle to the legal owner or the
legal owner's agent provided the release complies with this section.
SEC. 3. Section 14602.6 of the Vehicle Code is amended to read:
14602.6. (a) (1) Whenever a peace officer determines that a
person was driving a vehicle while his or her driving privilege was
suspended or revoked, or driving a vehicle while his or her driving
privilege is restricted pursuant to Section 13352 or 23575 and the
vehicle is not equipped with a functioning, certified interlock
device, the peace officer may either immediately arrest that person
and cause the removal and seizure of that vehicle or, if the vehicle
is involved in a traffic collision, cause the removal and seizure of
the vehicle without the necessity of arresting the person in
accordance with Chapter 10 (commencing with Section 22650) of
Division 11. A vehicle so impounded shall be impounded for 30 days.
(2) The impounding agency, within two working days of impoundment,
shall send a notice by certified mail, return receipt requested, to
the legal owner of the vehicle, at the address obtained from the
department, informing the owner that the vehicle has been impounded.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days'
impoundment when the legal owner redeems the impounded vehicle. The
impounding agency shall maintain a published telephone number that
provides information 24 hours a day regarding the impoundment of
vehicles and the rights of a registered owner to request a hearing.
(b) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or their agents shall be provided
the opportunity for a storage hearing to determine the validity of,
or consider any mitigating circumstances attendant to, the storage,
in accordance with Section 22852.
(c) Any period in which a vehicle is subjected to storage under
this section shall be included as part of the period of impoundment
ordered by the court under subdivision (a) of Section 14602.5.
(d) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of 30 days'
impoundment under any of the following circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, including a parking
service or repair garage.
(C) When the license of the driver was suspended or revoked for an
offense other than those included in Article 2 (commencing with
Section 13200) of Chapter 2 of Division 6 or Article 3 (commencing
with Section 13350) of Chapter 2 of Division 6.
(D) When the vehicle was seized under this section for an offense
that does not authorize the seizure of the vehicle.
(E) When the driver reinstates his or her driver's license or
acquires a driver's license and proper insurance.
(2) A vehicle shall not be released pursuant to this subdivision
without presentation of the registered owner's or agent's currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or upon order of a court.
(e) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
(f) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of 30 days' impoundment if all of the following
conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state or is another person, not the
registered owner, holding a security interest in the vehicle.
(2) The legal owner or the legal owner's agent pays all towing and
storage fees related to the seizure of the vehicle. No lien sale
processing fees shall be charged to the legal owner who redeems the
vehicle prior to the 15th day of impoundment. Neither the impounding
authority nor any person having possession of the vehicle shall
collect from the legal owner of the type specified in paragraph (1),
or the legal owner's agent any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
(3) The legal owner or the legal owner's agent presents either
lawful foreclosure documents or an affidavit of repossession for the
vehicle, and a security agreement or title showing proof of legal
ownership for the vehicle. Any documents presented may be originals,
photocopies, or facsimile copies, or may be transmitted
electronically. The impounding agency shall not require any documents
to be notarized. The impounding agency may require the agent of the
legal owner to produce a photocopy or facsimile copy of its
repossession agency license or registration issued pursuant to
Chapter 11 (commencing with Section 7500) of Division 3 of the
Business and Professions Code, or to demonstrate, to the satisfaction
of the impounding agency, that the agent is exempt from licensure
pursuant to Section 7500.2 or 7500.3 of the Business and Professions
Code.
Administrative costs authorized under subdivision (a) of Section
22850.5 shall not be charged to the legal owner of the type specified
in paragraph (1), who redeems the vehicle unless the legal owner
voluntarily requests a poststorage hearing. A city, county, city or
county, or state agency shall not require a legal owner or a legal
owner's agent to request a poststorage hearing as a requirement for
release of the vehicle to the legal owner or the legal owner's agent.
The impounding agency shall not require any documents other than
those specified in this paragraph. The impounding agency shall not
require any documents to be notarized.
As used in this paragraph, "foreclosure documents" means an
"assignment" as that term is defined in subdivision (o) of Section
7500.1 of the Business and Professions Code.
(g) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (f) may not release
the vehicle to the registered owner of the vehicle or any agents of
the registered owner, unless the registered owner is a rental car
agency, until after the termination of the 30-day impoundment period.
(2) The legal owner or the legal owner's agent may not relinquish
the vehicle to the registered owner until the registered owner or
that owner's agent presents his or her valid driver's license or
valid temporary driver's license to the legal owner or the legal
owner's agent. The legal owner or the legal owner's agent shall make
every reasonable effort to ensure that the license presented is
valid.
(3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and any administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining custody of the vehicle.
(h) (1) A vehicle removed and seized under subdivision (a) shall
be released to a rental car agency prior to the end of 30 days'
impoundment if the agency is either the legal owner or registered
owner of the vehicle and the agency pays all towing and storage fees
related to the seizure of the vehicle.
(2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental car agency may not rent another vehicle
to the driver of the vehicle that was seized until 30 days after the
date that the vehicle was seized.
(3) The rental car agency may require the person to whom the
vehicle was rented to pay all towing and storage charges related to
the impoundment and any administrative charges authorized under
Section 22850.5 that were incurred by the rental car agency in
connection with obtaining custody of the vehicle.
(i) Notwithstanding any other provision of this section, the
registered owner and not the legal owner shall remain responsible for
any towing and storage charges related to the impoundment, any
administrative charges authorized under Section 22850.5, and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(j) The impounding agency is not liable to the registered owner
for the improper release of the vehicle to the legal owner or the
legal owner's agent provided the release complies with this section.
SEC. 4. Section 3 of this bill incorporates amendments to Section
14602.6 of the Vehicle Code proposed by both this bill and AB 979. It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2006, (2) each bill amends Section
14602.6 of the Vehicle Code, and (3) this bill is enacted after AB
979, in which case Section 2 of this bill shall not become operative.