BILL NUMBER: AB 2210 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 8, 2006
AMENDED IN ASSEMBLY MAY 1, 2006
INTRODUCED BY Assembly Member Goldberg
(Principal coauthor: Assembly Member Torrico)
( Coauthors: Assembly Members
Koretz and Niello )
FEBRUARY 22, 2006
An act to amend Sections 21100, 22658, 22658.2, 22851, 22953,
34621, and 40000.15 of, and to add Section 34620.1 to, the Vehicle
Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2210, as amended, 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 , as specified, 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 credit cards, as defined, 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.
This bill would make it a misdemeanor for a towing company that
removes a vehicle from private property to fail to notify the local
law enforcement agency of the tow within 60 minutes after the vehicle
is removed from the private property and is in transit, thereby
imposing a state-mandated local program by creating a new crime.
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.
This bill would require that a vehicle removed from private
property be stored at in a facility that meets specified
requirements. Because the failure to comply with these requirements
would be a crime, the bill would impose a state-mandated local
program.
(3) Existing law limits a towing company to imposing a charge of
not more than 1/2 1/2 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 if the owner of the
vehicle or the vehicle owner's agent returns to the vehicle before it
is removed from the private property.
This bill would recast that provision to limit a towing company to
1/2 1/2 of the regular towing charge of
a vehicle that is towed at the request of the owner, the owner's
agent, or the person in lawful possession of the private property if
the owner of the vehicle or the vehicles owner's agent returns to the
vehicle after the vehicle is coupled to the tow truck, as specified,
or is lifted off the ground by means of conventional trailer, and
before it is removed from the private property.
(4) Existing law prohibit a motor carrier operating under the
Motor Carriers of Property Permit Act to operate on a public highway
unless, among other things, it holds a valid motor carrier permit
issued to that motor carrier by the Department of Motor Vehicles.
This bill would prohibit the department from issuing a motor
carrier permit to a towing company if its corporate officer, owner,
manager, or operator has been convicted of a felony or certain
misdemeanors or if it employs a driver who has been convicted of any
one of those offenses.
This bill would require the department to revoke a motor carrier
permit issued to a towing company if it or its corporate officer,
owner, or operator is convicted of one of those offenses or the
towing company allows a driver to operate a tow vehicle knowing that
the driver has been convicted of one of the offenses.
(5) 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.
(6) 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 a person given temporary or
permanent appointment for that duty by the local authority whenever
official traffic control devices are disabled or otherwise
inoperable, at the scenes of accidents or disasters, or at locations
as may require traffic direction for orderly traffic flow.
A person shall not 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 the person is to perform the duty, for review, a proposed
program of instruction for the training of a person for that duty,
and unless and until the commissioner or other chief law enforcement
officer approves the proposed program. The commissioner or other
chief law enforcement officer shall approve a proposed program if he
or she 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 that 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.
(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.
(2) The ordinance or resolution adopted pursuant to this
subdivision shall regulate cruising, which is the repetitive driving
of a motor vehicle past a traffic control point in traffic 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.
(3) A person is not in violation of an ordinance or resolution
adopted pursuant to this subdivision unless 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.
(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. 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 inches 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 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 a person causing
the removal of, or removing, the vehicle.
(e) An owner or person in lawful possession of 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) An owner or person in lawful possession of 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. A towing company that removes a vehicle from private
property in compliance with subdivision (l) is not responsible in a
situation relating to the validity of the removal. A towing company
that removes the vehicle under this section shall be responsible for
the following:
(1) Damage to the vehicle in the transit and subsequent storage of
the vehicle.
(2) The removal of a vehicle other than the vehicle specified by
the owner or other person in lawful possession of the private
property.
(g) (1) Possession of 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, the owner's agent, or the person in lawful
possession of the private party property
pursuant to this section if the owner of the vehicle or the
vehicle owner's agent returns to the vehicle after the vehicle is
coupled to the tow truck by means of a regular hitch, coupling
device, drawbar, portable dolly, or is lifted off the ground by means
of a conventional trailer, and 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 that towing or storage, or both,
made at the request of a law enforcement agency under an agreement
between a towing company and the law enforcement agency that
exercises primary jurisdiction in the city 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 jurisdiction
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 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) (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) (1) A person operating or in charge of a storage facility
where vehicles are stored pursuant to this section shall accept a
valid credit card, as defined in Section 6161 of the Government Code,
or cash for payment of towing and storage by a registered owner or
the owner's agent claiming the vehicle.
(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 credit cards and cash are acceptable means of payment.
(3) A person operating or in charge of a storage facility who
refuses to accept a valid credit card 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).
(5) 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.
(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. For the purpose of this subparagraph, the
person providing the written authorization shall be present on the
private property at the time of the tow, but does not have to be
physically present at the specified location of where the vehicle to
be removed is located on the private property.
(B) The written authorization under subparagraph (A) shall include
all of the following:
(i) The make, model, vehicle identification number, and license
plate number of the removed vehicle.
(ii) The name, signature, job title, residential or business
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) (i) When the vehicle owner or his or her
agent claims the vehicle, the towing company prior to payment of a
towing or storage charge shall provide a photocopy of the written
authorization to the vehicle owner or the agent.
(ii) If the vehicle was towed from a residential property, the
towing company shall redact the information specified in clause (ii)
of subparagraph (B) in the photocopy of the written authorization
provided to the vehicle owner or the agent pursuant to clause (i).
(iii) The towing company shall also provide to the vehicle owner
or the agent a separate notice that provides the telephone number of
the appropriate local law enforcement or prosecuting agency by
stating "If you believe that you have been wrongfully towed, please
contact the local law enforcement or prosecuting agency at (insert
appropriate telephone number)." The notice shall be in English and in
the most populous language, other than English, that is spoken in
the jurisdiction.
(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 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 that interferes
with 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 that clearly indicates that parking
violation. 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) A towing company shall maintain a the
original 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) A towing company that removes a vehicle from private
property under this section shall notify the local law enforcement
agency of that tow within 60 minutes after the vehicle is removed
from the private property and is in transit.
(2) A violation of paragraph (1) is a misdemeanor.
(n) A vehicle removed from private property pursuant to this
section shall be stored in a facility that meets all of the following
requirements:
(1) (A) Is located within a 10-mile radius of the property from
where the vehicle was removed.
(B) The 10-mile radius requirement of subparagraph (A) does not
apply if a towing company has prior general written approval from the
law enforcement agency that exercises primary jurisdiction in the
city in which is located the private property from which the vehicle
was removed, or if the private property is not located within a city,
then the law enforcement agency that exercises primary jurisdiction
in the county in which is located the private property.
(2) (A) Remains open during normal business hours and releases
vehicles during normal business hours.
(B) "Normal business hours," for purposes of subparagraph (A),
includes that time that a towing company removes a vehicle from
property and an additional two hours after the towing company has
notified the law enforcement agency of the last vehicle brought in,
but not less than Monday to Friday, 8 a.m. to 5 p.m., inclusive,
excepting state holidays.
(3) Has a public pay telephone in the office area that is open and
accessible to the public.
(o) (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.
(p) 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 that interferes with an entrance to,
or exit from, the common interest development or a separate interest
contained therein.
(c) Notwithstanding Section 1708 of the Civil Code, the
association is not liable for damages incurred by the vehicle owner
because of the removal of a vehicle in compliance with this section
or for damage to the vehicle caused by the removal. However, the
owner of a vehicle removed pursuant to this section may recover for
damage to the vehicle that results from an intentional or negligent
act of the association or a person causing the removal of, or
removing, the vehicle.
(d) Notwithstanding any other provision of law, subdivisions (f)
to (l), inclusive, of Section 22658 apply to the removal of vehicles
pursuant to this section.
SEC. 4. Section 22851 of the Vehicle Code is amended to read:
22851. (a) (1) Whenever a vehicle has been removed to a garage
under this chapter and the keeper of the garage has received the
notice or notices as provided herein, the keeper shall have a lien
dependent upon possession for his or her compensation for towage and
for caring for and keeping safe the vehicle for a period not
exceeding 60 days or, if an application for an authorization to
conduct a lien sale has been filed pursuant to Section 3068.1 of the
Civil Code within 30 days after the removal of the vehicle to the
garage, 120 days and, if the vehicle is not recovered by the owner
within that period or the owner is unknown, the keeper of the garage
may satisfy his or her lien in the manner prescribed in this article.
The lien shall not be assigned. Possession of the vehicle is deemed
to arise when a vehicle is removed and is in transit, or when vehicle
recovery operations or load salvage operations that have been
requested by a law enforcement agency have begun at the scene.
(2) Whenever a vehicle owner returns to a vehicle that is in
possession of a towing company prior to the removal of the vehicle,
the owner may regain possession of the vehicle from the towing
company if the owner pays the towing company the towing charges.
(b) A lien shall not attach to personal property in or on the
vehicle. The personal property in or on the vehicle shall be given to
the current registered owner or the owner's authorized agent upon
demand and without charge during normal business hours.
Notwithstanding any other provision of law, normal business hours are
the time that a towing company removes a vehicle from property and
an additional two hours after the towing company has notified the law
enforcement agency of the last vehicle brought in, but not less than
Monday to Friday, inclusive, from 8 a.m. to 5 p.m., inclusive,
except state holidays. A gate fee may be charged for returning
property after normal business hours, weekends, and state holidays.
The maximum hourly charge for nonbusiness hours releases shall be
one-half the hourly tow rate charged for initially towing the
vehicle, or less. The lienholder is not responsible for property
after a vehicle has been
disposed of pursuant to this chapter.
SEC. 5. Section 22953 of the Vehicle Code is amended to read:
22953. (a) 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, or an employee or agent
thereof, shall not tow or remove, or cause the towing or removal, of
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. 6. Section 34620.1 is added to the Vehicle Code, to read:
34620.1. (a) The department shall not issue a motor carrier
permit to a towing company if it, or its corporate officer, owner,
manager, or operator has been convicted of a felony or a misdemeanor
under Section 10851 or 10852, relating to theft and unlawful driving
or taking of a vehicle, and vehicle tampering, respectively, or under
Section 520 or 524 of the Penal Code, relating to extortion and
attempted extorion, respectively, or under subdivision (a) of Section
487 of the Penal Code, relating to grand theft, or if it employs a
driver who has been convicted of any one of those offenses.
(b) The department shall revoke a motor carrier permit issued to a
towing company if it or its corporate officer, owner, manager, or
operator is convicted of one of the offenses described in subdivision
(a) or the towing company allows a driver to operate a tow vehicle
knowing that the driver has been convicted of one of the offenses
described in subdivision (a).
SEC. 7. Section 34621 of the Vehicle Code is amended to read:
34621. (a) The fee required by Section 7232 of the Revenue and
Taxation Code shall be paid to the department upon initial
application for a motor carrier permit and for annual renewal.
(b) An application for an original or a renewal motor carrier
permit shall contain all of the following information:
(1) The full name of the motor carrier; any fictitious name under
which it is doing business; address, both physical and mailing; and
business telephone number.
(2) Status as individual, partnership, owner-operator, or
corporation, and officers of corporation and all partners.
(3) Name, address, and driver's license number of owner-operator.
(4) California carrier number, number of commercial motor vehicles
in fleet, interstate or intrastate operations, State Board of
Equalization, federal Department of Transportation or Interstate
Commerce Commission number, as applicable.
(5) Transporter or not a transporter of hazardous materials or
petroleum.
(6) Evidence of financial responsibility.
(7) Evidence of workman's compensation coverage, if applicable.
(8) Carrier certification of enrollment in the biennial inspection
of terminals (BIT) program under subdivisions (e) and (h) of Section
34501.12, unless otherwise exempted.
(9) Carrier certification of enrollment in a controlled substance
and alcohol use and testing (CSAT) program required under Section
34520, unless otherwise exempted.
(10) Other information necessary to enable the department to
determine whether the applicant is entitled to a permit, including,
but not limited to, information necessary to establish the
eligibility to issue a motor carrier permit to the towing operator in
compliance with Section 34620.1.
SEC. 8. 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), (l), or (m) 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. 9. 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.