BILL NUMBER: AB 2210 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Goldberg
FEBRUARY 22, 2006
An act to amend Sections 21100, 22658, 22658.2, 22953, and
40000.15 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2210, as introduced, Goldberg Tow trucks: regulating.
(1) Existing statutory law authorizes a city or county to adopt
rules and regulations by ordinance or resolution regarding, among
other things, licensing and regulating the operation of tow truck
service or tow truck drivers whose principal place of business or
employment is within the jurisdiction of that local authority, except
as specified.
This bill would express certain legislative findings regarding the
safety and welfare of the general public as being promoted in
allowing local authorities to license and regulate tow truck service
companies and their operators.
(2) Existing law requires a towing company to remove a vehicle
parked on private property to the nearest public garage under
specific circumstances if, among other things, the property owner or
lessee's prior written authorization is obtained and imposes certain
duties on the tow truck company and storage facilities and their
operators. Under existing law, civil causes of action are established
for violating these provisions and it is an infraction, under the
Vehicle Code, for a person to violate, or fail to comply with the
Vehicle Code or a local ordinance adopted pursuant to the Vehicle
Code.
This bill would substantially recast these provisions by
requiring, among other things, that the described written
authorization from the property owner or the lessee contain certain
specific information. The bill would also require the towing company
to provide a photocopy of the written authorization to the vehicle
owner or an agent of that owner, when that person claims the vehicle
and prior to payment, would prohibit a towing company from removing
or commencing the removal of a vehicle from certain private property
unless the towing company has made a good faith inquiry to determine
that the owner or the property owner's agent complied with certain
statutory restrictions regarding the removal of a vehicle from
certain private property. The bill would require a towing company to
maintain certain records. The bill would make a violation of these
provisions, a misdemeanor, thereby imposing a state-mandated local
program by creating new crimes, and subject to civil actions.
The bill would require, upon a vehicle owner's request, a towing
company or its driver to immediately and unconditionally release a
vehicle that is not yet removed from private property and in transit.
The bill would make it a misdemeanor to violate this requirement and
to knowingly charge a vehicle owner a towing, service, or charge
that exceeds statutorily imposed rates, thereby imposing a
state-mandated local program by creating new crimes.
This bill would require a person operating or in charge of a
storage facility to conspicuously display in that portion of the
office where business is conducted with the public a notice advising
that all valid bank credit cards and cash are acceptable means of
payment.
The bill would make the failure to comply with these display
requirements or to fail to accept valid credit card or cash payments
a misdemeanor, thereby, imposing a state-mandated local program by
creating new crimes.
The bill would express the intent of the Legislature regarding
vehicle possession and promoting the safety of the general public,
and would specify that the remedies provided in these provisions are
not exclusive and are in addition to other remedies or procedures
that may be provided in other provisions of law.
(3) Existing law prohibits an owner or person in lawful possession
of private property that is held open to the public, or a
discernible portion thereof, for parking of vehicles at no fee, from
towing or removing, or causing the towing or removal, of a vehicle
within one hour of the vehicle being parked, except as excluded.
This bill would exclude from this prohibition a vehicle that is
parked in a manner that interferes with an entrance to, or exit from,
the private property.
This bill would also express legislative intent regarding
promoting the safety of the general public, and would allow for a
civil cause of action upon a violation of the above prohibition.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21100 of the Vehicle Code is amended to read:
21100. Local authorities may adopt rules and regulations by
ordinance or resolution regarding the following matters:
(a) Regulating or prohibiting processions or assemblages on the
highways.
(b) Licensing and regulating the operation of vehicles for hire
and drivers of passenger vehicles for hire.
(c) Regulating traffic by means of traffic officers.
(d) Regulating traffic by means of official traffic control
devices meeting the requirements of Section 21400.
(e) Regulating traffic by means of any person given temporary or
permanent appointment for such duty by the local authority whenever
official traffic control devices are disabled or otherwise
inoperable, at the scenes of accidents or disasters, or at such
locations as may require traffic direction for orderly traffic flow.
No person shall, however, be appointed pursuant to this
subdivision unless and until the local authority has submitted to the
commissioner or to the chief law enforcement officer exercising
jurisdiction in the enforcement of traffic laws within the area in
which such person is to perform such duty, for review, a proposed
program of instruction for the training of a person for such duty,
and unless and until the commissioner or such other chief law
enforcement officer approves the proposed program. The commissioner
or such other chief law enforcement officer shall approve such a
proposed program if he reasonably determines that the program will
provide sufficient training for persons assigned to perform the duty
described in this subdivision.
(f) Regulating traffic at the site of road or street construction
or maintenance by persons authorized for such duty by the local
authority.
(g) (1) Licensing and regulating the
operation of tow truck service or tow truck drivers whose principal
place of business or employment is within the jurisdiction of the
local authority, excepting the operation and operators of any auto
dismantlers' tow vehicle licensed under Section 11505 or any tow
truck operated by a repossessing agency licensed under Chapter 11
(commencing with Section 7500) of Division 3 of the Business and
Professions Code and its registered employees. Nothing
(2) The Legislature finds that the safety and welfare of the
general public is promoted by permitting local authorities to
regulate tow truck service companies and operators that are licensed
and insured and properly trained in the safe operation of towing
equipment, thereby ensuring against towing mistakes that may lead to
violent confrontation, stranding motorists in dangerous situations,
impeding the expedited vehicle recovery, and wasting state and local
law enforcement's limited resources.
(3) Nothing in this subdivision
shall limit the authority of a city or city and county pursuant to
Section 12111.
(h) Operation of bicycles, and, as specified in Section 21114.5,
electric carts by physically disabled persons, or persons 50 years of
age or older, on the public sidewalks.
(i) Providing for the appointment of nonstudent school crossing
guards for the protection of persons who are crossing a street or
highway in the vicinity of a school or while returning thereafter to
a place of safety.
(j) Regulating the methods of deposit of garbage and refuse in
streets and highways for collection by the local authority or by any
person authorized by the local authority.
(k) (1) Regulating cruising. The
(2) The ordinance or resolution
adopted pursuant to this subdivision shall regulate cruising, which
shall be defined as is the repetitive
driving of a motor vehicle past a traffic control point in traffic
which that is congested at or near the
traffic control point, as determined by the ranking peace officer on
duty within the affected area, within a specified time period and
after the vehicle operator has been given an adequate written notice
that further driving past the control point will be a violation of
the ordinance or resolution. No
(3) A person is not in
violation of an ordinance or resolution adopted pursuant to this
subdivision unless (1) that both of the
following apply:
(A) That person has been given
the written notice on a previous driving trip past the control point
and then again passes the control point in that same time interval
and (2) the .
(B) The beginning and end of the
portion of the street subject to cruising controls are clearly
identified by signs that briefly and clearly state the appropriate
provisions of this subdivision and the local ordinance or resolution
on cruising.
(l) Regulating or authorizing the removal by peace officers of
vehicles unlawfully parked in a fire lane, as described in Section
22500.1, on private property. Any A
removal pursuant to this subdivision shall be consistent ,
to the extent possible , with the procedures for removal
and storage set forth in Chapter 10 (commencing with Section 22650).
SEC. 2. Section 22658 of the Vehicle Code is amended to read:
22658. (a) Except as provided in Section 22658.2, the owner or
person in lawful possession of any private property, within one hour
of notifying, by telephone or, if impractical, by the most
expeditious means available, the local traffic law enforcement
agency, may cause the removal of a vehicle parked on the property to
the nearest public garage under any of the following circumstances:
(1) There is displayed, in plain view at all entrances to the
property, a sign not less than 17 by 22 inches in size, with
lettering not less than one inch in height, prohibiting public
parking and indicating that vehicles will be removed at the owner's
expense, and containing the telephone number of the local traffic law
enforcement agency. The sign may also indicate that a citation may
also be issued for the violation.
(2) The vehicle has been issued a notice of parking violation, and
96 hours have elapsed since the issuance of that notice.
(3) The vehicle is on private property and lacks an engine,
transmission, wheels, tires, doors, windshield, or any other major
part or equipment necessary to operate safely on the highways, the
owner or person in lawful possession of the private property has
notified the local traffic law enforcement agency, and 24 hours have
elapsed since that notification.
(4) The lot or parcel upon which the vehicle is parked is improved
with a single-family dwelling.
(b) The person causing removal of the vehicle, if the person knows
or is able to ascertain from the registration records of the
Department of Motor Vehicles the name and address of the registered
and legal owner of the vehicle, shall immediately give, or cause to
be given, notice in writing to the registered and legal owner of the
fact of the removal, the grounds for the removal, and indicate the
place to which the vehicle has been removed. If the vehicle is stored
in a public garage, a copy of the notice shall be given to the
proprietor of the garage. The notice provided for in this section
shall include the amount of mileage on the vehicle at the time of
removal. If the person does not know and is not able to ascertain the
name of the owner or for any other reason is unable to give the
notice to the owner as provided in this section, the person causing
removal of the vehicle shall comply with the requirements of
subdivision (c) of Section 22853 relating to notice in the same
manner as applicable to an officer removing a vehicle from private
property.
(c) This section does not limit or affect any right or remedy
which that the owner or person in
lawful possession of private property may have by virtue of other
provisions of law authorizing the removal of a vehicle parked upon
private property.
(d) The owner of a vehicle removed from private property pursuant
to subdivision (a) may recover for any damage to the vehicle
resulting from any intentional or negligent act of any
a person causing the removal of, or removing,
the vehicle.
(e) Any An owner or person in lawful
possession of any private property, or an
"association" pursuant to Section 22658.2, causing the removal of a
vehicle parked on that property is liable for double the storage or
towing charges whenever there has been a failure to comply with
paragraph (1), (2), or (3) of subdivision (a) or to state the grounds
for the removal of the vehicle if requested by the legal or
registered owner of the vehicle as required by subdivision (f).
(f) Any An owner or person in lawful
possession of any private property, or an
"association" pursuant to Section 22658.2, causing the removal of a
vehicle parked on that property shall state the grounds for the
removal of the vehicle if requested by the legal or registered owner
of that vehicle. Any A towing company
that removes a vehicle from private property with the
authorization of the property owner or the property owner's agent
in compliance with subdivision ( l )
shall not be held responsible in any a
situation relating to the validity of the removal. Any
A towing company that removes the vehicle under
this section shall be responsible for the following:
(1) any damage
(1) D amage to the
vehicle in the transit and subsequent storage of the vehicle .
and (2) the
(2) T he removal of a
vehicle other than the vehicle specified by the owner or other person
in lawful possession of the private property.
(g) Possession (1)
Possession of any a vehicle under
this section shall be deemed to arise when a vehicle is removed from
private property and is in transit.
(2) Upon the request of the owner of the vehicle or that owner's
agent, the towing company or its driver shall immediately and
unconditionally release a vehicle that is not yet removed from the
private property and in transit.
(3) A person failing to comply with paragraph (2) is guilty of a
misdemeanor.
(h) A towing company may impose a charge of not more than one-half
of the regular towing charge for the towing of a vehicle at the
request of the owner of private property or that owner's agent
pursuant to this section if the owner of the vehicle or the owner's
agent returns to the vehicle before it is removed from the private
property. The regular towing charge may only be imposed after the
vehicle has been removed from the property and is in transit.
(i) (1) A charge for towing or storage, or both, of a vehicle
under this section is excessive if the charge is greater than that
which would have been charged for towing or storage, or both, made at
the request of a law enforcement agency under an agreement between
the law enforcement agency and a towing company
and the law enforcement agency that exercises primary
jurisdiction in the city or county in which
is located the private property from which the vehicle was, or was
attempted to be, removed , or if the private property is not
located within a city, then the law enforcement agency that exercises
primary jurisdict ion in the county in which the private
property is located .
(2) If a vehicle is released within 24 hours from the time the
vehicle is brought into the storage facility, regardless of the
calendar date, the storage charge shall be for only one day. Not more
than one day's storage charge may be required for any
a vehicle released the same day that it is
stored.
(3) If a request to release a vehicle is made and the appropriate
fees are tendered and documentation establishing that the person
requesting release is entitled to possession of the vehicle, or is
the owner's insurance representative, is presented within the initial
24 hours of storage, and the storage facility fails to comply with
the request to release the vehicle or is not open for business during
normal business hours, then only one day's storage charge may be
required to be paid until after the first business day. A business
day is any day in which the lienholder is open for business to the
public for at least eight hours. If a request is made more than 24
hours after the vehicle is placed in storage, charges may be imposed
on a full calendar day basis for each day, or part thereof, that the
vehicle is in storage.
(j) Any (1) A
person who charges a vehicle owner a towing, service, or storage
charge at an excessive rate, as described in subdivision (h) or
(i), is civilly liable to the vehicle owner for four
times the amount charged.
(2) A person who knowingly charges a vehicle owner a towing,
service, or storage charge at an excessive rate, as described in
subdivision (h) or (i), is guilty of a misdemeanor, punishable by a
fine of not more than two thousand five hundred dollars ($2,500), or
by imprisonment in the county jail for not more than three months, or
by both that fine and imprisonment.
(k) Persons (1) A
person operating or in charge of any a
storage facility where vehicles are stored pursuant to this
section shall accept a valid bank credit card or cash for payment of
towing and storage by a registered owner or the owner's agent
claiming the vehicle. A
(2) A person described in paragraph (1)
shall conspicuously display, in that portion of the storage facility
office where business is conducted with the public, a notice
advising that all valid bank credit cards and cash are acceptable
means of payment.
(3) A person operating or in
charge of any a storage facility who
refuses to accept a valid bank credit card is
or who fails to post the required notice under paragraph (2) is
guilty of a misdemeanor, punishable by a fine of not more than two
thousand five hundred dollars ($2,500), or by imprisonment in the
county jail for not more than three months, or by both that fine and
imprisonment.
(4) A person described in paragraph
(1) is civilly liable to the registered owner of the
vehicle or the person who tendered the fees for four
times the amount of the towing and storage charges, but not to exceed
five hundred dollars ($500). In addition
(5) , persons A
person operating or in charge of the storage facility shall
have sufficient moneys on the premises of the primary storage
facility during normal business hours to accommodate, and make change
in, a reasonable monetary transaction. Credit
(6) Credit charges for towing and
storage services shall comply with Section 1748.1 of the Civil Code.
Law enforcement agencies may include the costs of providing for
payment by credit when making agreements with towing companies as
described in subdivision (i).
(l) (1) (A) A towing company shall not
remove or commence the removal of a vehicle from private property
without first obtaining written authorization from the property owner
or lessee, or an employee or agent thereof, who shall be present at
the time of removal. General
(B) The written authorization under subparagraph (A) shall include
all of the following:
(i) The make, model, and license plate number of the removed
vehicle.
(ii) The name, signature, job title, address and working telephone
number of the person, described in subparagraph (A), authorizing the
removal of the vehicle.
(iii) The grounds for the removal of the vehicle.
(iv) The time when the vehicle was first observed parked at the
private property.
(v) The time when the vehicle was removed from the private
property.
(C) When the vehicle owner or his or her agent claims the vehicle,
the towing company prior to payment of any towing or storage charge
shall provide a photocopy of the written authorization to the vehicle
owner or the agent.
(D) A towing company shall not remove or
commence the removal of a vehicle from private property described in
subdivision (a) of Section 22953 unless the towing company has made a
good faith inquiry to determine that the owner or the property owner'
s agent complied with Section 22953.
(E) General authorization to
remove or commence removal of a vehicle at the towing company's
discretion shall not be delegated to a towing company or its
affiliates except in the case of a vehicle unlawfully parked within
15 feet of a fire hydrant or in a fire lane, or in a manner which
interferes with any an entrance to, or
exit from, the private property.
(2) If a towing company removes a vehicle without written
authorization and that vehicle is unlawfully parked within 15 feet of
a fire hydrant or in a fire lane, or in a manner which
that interferes with any
an entrance to, or exit from, the private property, the towing
company shall take, prior to the removal of that vehicle, a
photograph of the vehicle which that
clearly indicates that parking violation. The
Prior to accepting payment, the towing company shall keep one
copy of the photograph taken pursuant to this paragraph, and shall
present that photograph and provide a photocopy to the
owner or an agent of the owner, when that person claims the vehicle.
(3) Any towing company, or any affiliate of a towing company,
which removes, or commences removal of, a vehicle from private
property without first obtaining written authorization from the
property owner or lessee, or an employee or agent thereof, who is
present at the time of removal or commencement of the removal, except
as permitted by paragraph (1), is liable to the owner of the vehicle
for four times the amount of the towing and storage charges, in
addition to any applicable criminal penalty, for a violation of
paragraph (1).
(3) A towing company shall maintain a written authorization with
the photographs, required pursuant to this section, for a period of
three years and shall make them available for inspection and copying
without a warrant to law enforcement, the Attorney General, district
attorney, or city attorney.
(4) A person who violates this subdivision is guilty of a
misdemeanor, punishable by a fine of not more than two thousand five
hundred dollars ($2,500), or by imprisonment in the county jail for
not more than three months, or by both that fine and imprisonment.
(5) A person who violates this subdivision is civilly liable to
the owner of the vehicle or his or her agent for four times the
amount of the towing and storage charges.
(m) (1) It is the intent of the Legislature in the adoption of
subdivision (k) to assist vehicle owners or their agents by, among
other things, allowing payment by credit cards for towing and storage
services, thereby expediting the recovery of towed vehicles and
concurrently promoting the safety and welfare of the public.
(2) It is the intent of the Legislature in the adoption of
subdivision (l) to further the safety of the general public by
ensuring that a private property owner or lessee has provided his or
her authorization for the removal of a vehicle from his or her
property, thereby promoting the safety of those persons involved in
ordering the removal of the vehicle as well as those persons
removing, towing, and storing the vehicle.
(3) It is the intent of the Legislature in the adoption of
subdivision (g) to promote the safety of the general public by
requiring towing companies to unconditionally release a vehicle that
is not lawfully in their possession, thereby avoiding the likelihood
of dangerous and violent confrontation and physical injury to vehicle
owners and towing operators, the stranding of vehicle owners and
their passengers at a dangerous time and location, and impeding
expedited vehicle recovery, without wasting law enforcement's limited
resources.
(n) The remedies provided in this section are not exclusive and
are in addition to other remedies or procedures that may be provided
in other provisions of law.
SEC. 3. Section 22658.2 of the Vehicle Code is amended to read:
22658.2. (a) Except as provided in subdivision (b), an
"association", as defined in subdivision (a) of Section 1351 of the
Civil Code, of a common interest development, as defined in
subdivision (c) of Section 1351 of the Civil Code, may cause the
removal of a vehicle parked on that property to the nearest public
garage if all of the following requirements are satisfied:
(1) A sign not less than 17 by 22 inches in size with lettering
not less than one inch in height appears at each entrance to the
common interest development and contains both of the following:
(A) A statement that public parking is prohibited and all vehicles
not authorized to park on the common interest development will be
removed at the owner's expense.
(B) The telephone number of the local traffic law enforcement
agency.
The sign may also indicate that a citation may be issued for the
violation.
(2) If the identity of the registered owner of the vehicle is
known or readily ascertainable, the president of the association or
his or her designee shall, within a reasonable time, notify the owner
of the removal by first-class mail. If the identity of the owner of
the vehicle is not known or ascertainable, the president of the
association or his or her designee shall comply with subdivision (c)
of Section 22853.
(3) The president of the association or his or her designee, gives
or causes to be given, notice of the removal to the local traffic
law enforcement agency immediately after the vehicle has been
removed. The notice shall include a description of the vehicle, the
license plate number, and the address from where the vehicle was
removed.
(b) The association may cause the removal without notice of any
vehicle parked in a marked fire lane, within 15 feet of a fire
hydrant, in a parking space designated for disabled persons without
proper authority, or in a manner which that
interferes with any an entrance
to, or exit from, the common interest development or any
a separate interest contained
therein.
(c) Notwithstanding Section 1708 of the Civil Code, the
association is not liable for any damages incurred
by the vehicle owner because of the removal of a vehicle in
compliance with this section or for any damage to
the vehicle caused by the removal. However, the owner of a vehicle
removed pursuant to this section may recover for any
damage to the vehicle which that
results from any intentional or negligent act of the
association or any a person causing the
removal of, or removing, the vehicle.
(d) Notwithstanding any other provision of law, subdivisions (f)
to (k) ( l ) , inclusive, of
Section 22658 apply to the removal of vehicles pursuant to this
section.
SEC. 4. Section 22953 of the Vehicle Code is amended to read:
22953. (a) Every An owner or person
in lawful possession of any private property
which that is held open to the public,
or a discernible portion thereof, for parking of vehicles at no fee,
or an employee or agent thereof, shall not tow or remove,
or cause the towing or removal, of any a
vehicle within one hour of the vehicle being parked.
(b) Notwithstanding subdivision (a), a vehicle may be removed
immediately after being illegally parked within 15 feet of a fire
hydrant, in a fire lane, in a manner that interferes with an
entrance to, or an exit from, the private property, or in a
parking space or stall legally designated for disabled persons.
(c) Subdivision (a) does not apply to property designated for
parking at an apartment complex, or to property designated for
parking at a hotel or motel where the parking stalls or spaces are
clearly marked for a specific room.
(d) It is the intent of the Legislature in the adoption of
subdivision (a) to avoid causing the unnecessary stranding of
motorists and placing them in dangerous situations, when traffic
citations and other civil remedies are available, thereby promoting
the safety of the general public.
(e) A person who violates subdivision (a) is civilly liable to the
owner of the vehicle or his or her agent for two times the amount of
the towing and storage charges.
SEC. 5. Section 40000.15 of the Vehicle Code is amended to read:
40000.15. A violation of any of the following provisions shall
constitute a misdemeanor, and not an infraction:
Subdivision (g), (j), (k), or (l) of Section 22658, relating to
unlawfully towed or stored vehicles.
Sections 23103 and 23104, relating to reckless driving.
Section 23109, relating to speed contests or exhibitions.
Subdivision (a) of Section 23110, relating to throwing at
vehicles.
Section 23152, relating to driving under the influence.
Subdivision (b) of Section 23222, relating to possession of
marijuana.
Subdivision (a) or (b) of Section 23224, relating to persons under
21 years of age knowingly driving, or being a passenger in, a motor
vehicle carrying any alcoholic beverage.
Section 23253, relating to officers on vehicular crossings.
Section 23332, relating to trespassing.
Section 24002.5, relating to unlawful operation of a farm vehicle.
Section 24011.3, relating to vehicle bumper strength notices.
Section 27150.1, relating to sale of exhaust systems.
Section 27362, relating to child passenger seat restraints.
Section 28050, relating to true mileage driven.
Section 28050.5, relating to nonfunctional odometers.
Section 28051, relating to resetting odometers.
Section 28051.5, relating to devices to reset odometers.
Subdivision (d) of Section 28150, relating to possessing four or
more jamming devices.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local
agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.