BILL NUMBER: AB 515 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 7, 2009
AMENDED IN SENATE JUNE 29, 2009
INTRODUCED BY Assembly Member Hagman
FEBRUARY 24, 2009
An act to amend Sections 7502.1, 7504, 7505.1, and 7507.10 of the
Business and Professions Code, and to amend Sections 14602.6,
14602.7, 14602.8, 21100.4, 22651.1, 22658, 24605, and 29004 of, and
to add Section 23118 to, the Vehicle Code, relating to collateral
recovery.
LEGISLATIVE COUNSEL'S DIGEST
AB 515, as amended, Hagman. Collateral recovery: tow vehicles.
(1) Existing law, the Collateral Recovery Act, provides for the
licensure and regulation of repossession agencies by the Bureau of
Security and Investigative Services under the supervision and control
of the Director of Consumer Affairs. Any person who violates these
provisions is guilty of a crime punishable by fine and imprisonment.
The act requires an applicant for a qualification certificate to
satisfy specified requirements, including possessing 2 years lawful
experience that may include experience recovering collateral as a
salaried employee of a financial institution or vehicle dealer and
that is to consist of a minimum of 4,000 hours of compensated work.
The act requires every repossession agency office to be under the
active charge of a qualified certificate holder. The act requires
licensees to serve a debtor with a specified notice of seizure after
the recovery of collateral by the licensee.
This bill would make a tow vehicle that is used to violate the act
subject to removal and impoundment. The bill would provide that
lawful experience for a qualification certificate does not include
any employment performing work other than skip tracing, debt
collection, or actual collateral recovery. The bill would specify
that a licensee may have more than one qualified certificate holder
in an office. The bill would require a licensee's notice provided to
a debtor after recovery of collateral to include a disclosure that
electrical or tire failure or any damage to, as a result of, or
caused by, certain aftermarket parts and accessories on a vehicle
shall not be the responsibility of the licensee, except as specified.
Because a violation of these provisions by a licensee would be a
crime, the bill would impose a state-mandated local program.
(2) Existing law provides that a peace officer or, in certain
other cases, a magistrate, may cause the removal and seizure of a
vehicle, as specified. Existing law provides that a vehicle so seized
may be impounded for 30 days. Under existing law, a vehicle removed
and seized may be released to the legal owner or the legal owner's
agent prior to the end of 30 days' impoundment if certain conditions
are met, including, but not limited to, the requirement that the
legal owner or the legal owner's agent pay all towing and storage
fees related to the seizure of the vehicle.
This bill would require a law enforcement agency that has
impounded a vehicle to remain open, without the necessity of making
an appointment, and to issue a release to the registered owner or
legal owner of a vehicle whenever the agency is open to serve the
public. The bill would require specified facilities where impounded
vehicles are stored to accept valid bank credit cards, as defined, or
cash as payment for towing, storage, and related fees and would make
the facility civilly liable, as specified, for a failure to do so.
The bill would make it a misdemeanor for a legal owner of an
impounded vehicle to knowingly release the vehicle to the
registered owner of the vehicle in certain circumstances. The bill
would impose additional requirements with respect to the release of
an impounded vehicle. By establishing new crimes and imposing new
duties on law enforcement agencies, the bill would impose a
state-mandated local program.
(3) Existing law imposes various taillamp, stoplamp, turn signal
requirements, and multisafety chain requirements applicable to towing
vehicles.
This bill would delete specified provisions requiring a tow
vehicle to use an extension cord to display rear stoplamps and turn
signals. The bill would exempt a repossessor's towing vehicle from
the multisafety chain requirements applicable to towing vehicles if
the repossessor is towing a vehicle no more than one mile on a public
highway and the vehicle is secured by one safety chain.
(4) This bill would also incorporate
additional changes in Section 21100.4 of the Vehicle Code proposed by
AB 282, to be operative only if AB 282 and this bill are both
enacted and become effective on or before January 1, 2010, and this
bill is enacted last.
(4)
(5) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
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 7502.1 of the Business and Professions Code is
amended to read:
7502.1. (a) Any person who violates any provision of this
chapter, or who conspires with another person to violate any
provision of this chapter, or who knowingly engages a nonexempt
unlicensed person to repossess collateral on his or her behalf is
guilty of a misdemeanor, and is punishable by a fine of five thousand
dollars ($5,000), or by imprisonment in the county jail for not more
than one year, or by both the fine and imprisonment. In addition,
any tow vehicle subject to registration under the Vehicle Code that
is used to violate any provision of this chapter is subject to
removal and impound pursuant to Section 22850 of the Vehicle Code.
(b) Within existing resources, the Commissioner of Financial
Institutions, the Commissioner of Corporations, and the Director of
Motor Vehicles may each designate employees to investigate and report
on violations of this chapter by any of the licensees of their
respective departments. Those employees are authorized to actively
cooperate with the bureau in the investigation of those activities.
(c) A proceeding to impose the penalties specified in subdivision
(a) may be brought in any court of competent jurisdiction in the name
of the people of the State of California by the Attorney General or
by any district attorney or city attorney, or with the consent of the
district attorney, by the city prosecutor in any city or city and
county having a full-time city prosecutor, for the jurisdiction in
which the violation occurred. If the action is brought by a district
attorney, the penalty collected shall be paid to the treasurer of the
county in which the judgment is entered. If the action is brought by
a city attorney or city prosecutor, one-half of the penalty
collected shall be paid to the treasurer of the city in which the
judgment was entered and one-half to the treasurer of the county in
which the judgment was entered. If the action is brought by the
Attorney General, all of the penalty collected shall be deposited in
the Private Security Services Fund.
SEC. 2. Section 7504 of the Business and Professions Code is
amended to read:
7504. (a) Except as otherwise provided in this chapter, an
applicant for a qualification certificate shall comply with all of
the following:
(1) Be at least 18 years of age.
(2) Have been, for at least two years of lawful experience, during
the five years preceding the date on which his or her application is
filed, a registrant or have had two years of lawful experience in
recovering collateral within this state. Lawful experience means
experience in recovering collateral as a registrant pursuant to this
chapter or as a salaried employee of a financial institution or
vehicle dealer. Lawful experience does not include any employment
performing work other than skip tracing, debt collection, or actual
collateral recovery.
Two years' experience shall consist of not less than 4,000 hours
of actual compensated work performed by the applicant preceding the
filing of an application.
An applicant shall certify that he or she has completed the
claimed hours of qualifying experience and the exact details as to
the character and nature thereof by written certifications from the
employer, licensee, financial institution, or vehicle dealer, subject
to independent verification by the director as he or she may
determine. In the event of the inability of an applicant to supply
the written certifications from the employer, licensee, financial
institution or vehicle dealer, in whole or in part, applicants may
offer other written certifications from other persons substantiating
their experience for consideration by the director. All
certifications shall include a statement that representations made
are true, correct, and contain no material omissions of fact to the
best knowledge and belief of the applicant or the person submitting
the certification. An applicant or person submitting the
certification who declares as true any material matter pursuant to
this paragraph that he or she knows to be false is guilty of a
misdemeanor.
(3) Complete and forward to the bureau a qualified certificate
holder application which shall be on a form prescribed by the
director and signed by the applicant. An applicant who declares as
true any material matter pursuant to this paragraph that he or she
knows to be false is guilty of a misdemeanor. The application shall
be accompanied by two recent photographs of the applicant, of a type
prescribed by the director, and two classifiable sets of his or her
fingerprints. The residence address, residence telephone number, and
driver's license number of each qualified certificate holder or
applicant for a qualification certificate, if requested, shall be
confidential pursuant to the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
Division 3 of the Civil Code) and shall not be released to the
public.
(4) Pass the required examination.
(5) Pay the required application and examination fees to the
bureau.
(b) Upon the issuance of the initial qualification certificate or
renewal qualification certificate, the bureau shall issue to the
certificate holder a suitable pocket identification card which
includes a photograph of the certificate holder. The photograph shall
be of a size prescribed by the bureau. The card shall contain the
name of the licensee with whom the certificate holder is employed.
(c) The application form shall contain a statement informing the
applicant that a false or dishonest answer to a question may be
grounds for denial or subsequent suspension or revocation of a
qualification certificate.
SEC. 3. Section 7505.1 of the Business and Professions Code is
amended to read:
7505.1. Every office licensed as a repossession agency shall be
under the active charge of a qualified certificate holder. Nothing in
this chapter prohibits a licensee from having more than one
qualified certificate holder in an office.
SEC. 4. Section 7507.10 of the Business and Professions Code is
amended to read:
7507.10. A licensee shall serve a debtor with a notice of seizure
as soon as possible after the recovery of collateral and not later
than 48 hours, except that if the 48-hour period encompasses a
Saturday, Sunday, or postal holiday, the notice of seizure shall be
provided not later than 72 hours or, if the 48-hour period
encompasses a Saturday or Sunday and a postal holiday, the notice of
seizure shall be provided not later than 96 hours, after the
repossession of collateral. The notice shall include all of the
following:
(a) The name, address, and telephone number of the legal owner to
be contacted regarding the repossession.
(b) The name, address, and telephone number of the repossession
agency to be contacted regarding the repossession.
(c) A statement printed on the notice containing the following:
"Repossessors are regulated by the Bureau of Security and
Investigative Services, Department of Consumer Affairs, Sacramento,
CA. Repossessors are required to provide you, not later than 48 hours
after the recovery of collateral, with an inventory of personal
effects or other personal property recovered during repossession
unless the 48-hour period encompasses a Saturday, Sunday, or a postal
holiday, then the inventory shall be provided no later than 96 hours
after the recovery of collateral."
(d) A disclosure that "Damage to a vehicle during or subsequent to
a repossession and only while the vehicle is in possession of the
repossession agency and which is caused by the repossession agency is
the liability of the repossession agency. A mechanical, electrical,
or tire failure, or the loss of, or any damage to, or as a result of,
or caused by, any aftermarket parts and accessories not in
compliance with Section 24008 of the Vehicle Code shall not be the
responsibility of the repossession agency unless the failure, damage,
or loss is due to the negligence of the repossession agency."
(e) If applicable, a disclosure that "Environmental, Olympic,
special interest, or other license plates issued pursuant to Article
8 (commencing with Section 5000), Article 8.4 (commencing with
Section 5060) or Article 8.5 (commencing with Section 5100) of
Chapter 1 of Division 3 of the Vehicle Code that remain the personal
effects of the debtor will be removed from the collateral and
inventoried, and that if the plates are not claimed by the debtor
within 60 days, they will be destroyed."
(f) A disclosure of the charges payable by the debtor to the
repossession agency for the storage of the collateral and personal
effects from the date of repossession until release of the property
from storage.
The notice may be given by regular mail addressed to the last
known address of the debtor or by personal service at the option of
the repossession agency.
SEC. 5. 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, 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, or 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. 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.
The law enforcement agency shall be open, without the necessity of
making an appointment, to issue a release to the registered owner or
legal owner, or the agent of either, whenever the agency is open to
serve the public.
(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) No vehicle shall 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) (A) 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.
(B) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
(C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) shall be
civilly liable to the owner of the vehicle or to the person who
tendered the fees for four times the amount of the towing, storage,
and related fees, but not to exceed five hundred dollars ($500).
(D) A person operating or in charge of a storage facility
described in subparagraph (B) shall have sufficient funds on the
premises of the primary storage facility during normal business hours
to accommodate, and make change in, a reasonable monetary
transaction.
(E) 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 on rates.
(3) The legal owner or the legal owner's agent presents a copy of
the assignment, as defined in subdivision (b) of Section 7500.1 of
the Business and Professions Code; a release from the one responsible
governmental agency, only if required by the agency; a
government-issued photographic identification card; and any one of
the following, as determined by the legal owner or the legal owner's
agent: a certificate of repossession for the vehicle, a security
agreement for the vehicle, or title, whether paper or electronic,
showing proof of legal ownership for the vehicle. Any documents
presented may be originals, photocopies, or facsimile copies, or may
be transmitted electronically. The law enforcement agency, impounding
agency, or any other governmental agency, or any person acting on
behalf of those agencies, shall not require any documents to be
notarized. The law enforcement agency, impounding agency, or any
person acting on behalf of those agencies 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 law enforcement agency, impounding agency, or any person
acting on behalf of those agencies, that the agent is exempt from
licensure pursuant to Section 7500.2 or 7500.3 of the Business and
Professions Code.
No administrative costs authorized under subdivision (a) of
Section 22850.5 shall 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. No city, county,
city and county, or state agency shall 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 law enforcement agency, impounding agency, or other
governmental agency, or any person acting on behalf of those
agencies, shall not require any documents other than those specified
in this paragraph. The law enforcement agency, impounding agency, or
other governmental agency, or any person acting on behalf of those
agencies, shall not require any documents to be notarized. The legal
owner or the legal owner's agent shall be given a copy of any
documents he or she is required to sign, except for a vehicle
evidentiary hold logbook. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, or any
person in possession of the vehicle, may photocopy and retain the
copies of any documents presented by the legal owner or legal owner's
agent.
(4) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the
vehicle, provided all conditions required of the legal owner or legal
owner's agent under this subdivision are satisfied.
(g) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (f) shall not release
the vehicle to the registered owner of the vehicle, or the person who
was listed as the registered owner when the vehicle was impounded,
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 shall not
relinquish the vehicle to the registered owner or the person who was
listed as the registered owner when the vehicle was impounded 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 or the person in possession of the vehicle shall make every
reasonable effort to ensure that the license presented is valid and
possession of the vehicle will not be given to the driver who was
involved in the original impoundment proceeding until the expiration
of the impoundment period.
(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.
(4) Any legal owner who knowingly releases or causes
the release of a vehicle to a registered owner or the person in
possession of the vehicle at the time of the impoundment or any agent
of the registered owner in violation of this subdivision shall be
guilty of a misdemeanor and subject to a fine in the amount of two
thousand dollars ($2,000) in addition to any other penalties
established by law.
(5) The legal owner, registered owner, or person in possession of
the vehicle shall not change or attempt to change the name of the
legal owner or the registered owner on the records of the department
until the vehicle is released from the impoundment.
(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 law enforcement agency and the impounding agency,
including any storage facility acting on behalf of the law
enforcement agency or impounding agency, shall comply with this
section and shall not be 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 the provisions of this
section. The legal owner shall indemnify and hold harmless a storage
facility from any claims arising out of the release of the vehicle to
the legal owner or the legal owner's agent and from any damage to
the vehicle after its release, including the reasonable costs
associated with defending any such claims. A law enforcement agency
shall not refuse to issue a release to a legal owner or the agent of
a legal owner on the grounds that it previously issued a release.
SEC. 6. Section 14602.7 of the Vehicle Code is amended to read:
14602.7. (a) A magistrate presented with the affidavit of a peace
officer establishing reasonable cause to believe that a vehicle,
described by vehicle type and license number, was an instrumentality
used in the peace officer's presence in violation of Section 2800.1,
2800.2, 2800.3, or 23103, shall issue a warrant or order authorizing
any peace officer to immediately seize and cause the removal of the
vehicle. The warrant or court order may be entered into a
computerized database. A vehicle so impounded may be impounded for a
period not to exceed 30 days.
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
and providing the owner with a copy of the warrant or court order.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days
impoundment when a legal owner redeems the impounded vehicle. The law
enforcement agency shall be open, without the necessity of making an
appointment, to issue a release to the registered owner or legal
owner, or the agent of either, whenever the agency is open to serve
the public.
(b) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period and without the permission of the magistrate
authorizing the vehicle's seizure 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 the business establishment, including a
parking service or repair garage.
(C) When the registered owner of the vehicle causes a peace
officer to reasonably believe, based on the totality of the
circumstances, that the registered owner was not the driver who
violated Section 2800.1, 2800.2, or 2800.3, the agency shall
immediately release the vehicle to the registered owner or his or her
agent.
(2) No vehicle shall be released pursuant to this subdivision,
except upon 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 the court.
(c) (1) Whenever a vehicle is impounded under this section, the
magistrate ordering the storage shall provide the vehicle's
registered and legal owners of record, or their agents, with the
opportunity for a poststorage hearing to determine the validity of
the storage.
(2) A notice of the storage shall be mailed or personally
delivered to the registered and legal owners within 48 hours after
issuance of the warrant or court order, excluding weekends and
holidays, by the person or agency executing the warrant or court
order, and shall include all of the following information:
(A) The name, address, and telephone number of the agency
providing the notice.
(B) The location of the place of storage and a description of the
vehicle, which shall include, if available, the name or make, the
manufacturer, the license plate number, and the mileage of the
vehicle.
(C) A copy of the warrant or court order and the peace officer's
affidavit, as described in subdivision (a).
(D) A statement that, in order to receive their poststorage
hearing, the owners, or their agents, are required to request the
hearing from the magistrate issuing the warrant or court order in
person, in writing, or by telephone, within 10 days of the date of
the notice.
(3) The poststorage hearing shall be conducted within two court
days after receipt of the request for the hearing.
(4) At the hearing, the magistrate may order the vehicle released
if he or she finds any of the circumstances described in subdivision
(b) or (e) that allow release of a vehicle by the impounding agency.
The magistrate may also consider releasing the vehicle when the
continued impoundment will cause undue hardship to persons dependent
upon the vehicle for employment or to a person with a community
property interest in the vehicle.
(5) Failure of either the registered or legal owner, or his or her
agent, to request, or to attend, a scheduled hearing satisfies the
poststorage hearing requirement.
(6) The agency employing the peace officer who caused the
magistrate to issue the warrant or court order shall be responsible
for the costs incurred for towing and storage if it is determined in
the poststorage hearing that
reasonable grounds for the storage are not established.
(d) 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.
(e) 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 the impoundment period and without the
permission of the magistrate authorizing the seizure of the vehicle
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 financial interest in the vehicle.
(2) (A) 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.
(B) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
(C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) shall be
civilly liable to the owner of the vehicle or to the person who
tendered the fees for four times the amount of the towing, storage
and related fees, but not to exceed five hundred dollars ($500).
(D) A person operating or in charge of a storage facility
described in subparagraph (B) shall have sufficient funds on the
premises of the primary storage facility during normal business hours
to accommodate, and make change in, a reasonable monetary
transaction.
(E) 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 on rates.
(3) The legal owner or the legal owner's agent presents, to the
law enforcement agency, impounding agency, person in possession of
the vehicle, or any person acting on behalf of those agencies, a copy
of the assignment, as defined in subdivision (b) of Section 7500.1
of the Business and Professions Code; a release from the one
responsible governmental agency, only if required by the agency; a
government-issued photographic identification card; and any one of
the following, as determined by the legal owner or the legal owner's
agent: a certificate of repossession for the vehicle, a security
agreement for the vehicle, or title, whether paper or electronic,
showing proof of legal ownership for the vehicle. Any documents
presented may be originals, photocopies, or facsimile copies, or may
be transmitted electronically. The law enforcement agency, impounding
agency, or any other governmental agency, or any person acting on
behalf of those agencies, shall not require any documents to be
notarized. The law enforcement agency, impounding agency, or any
person acting on behalf of those agencies, 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 law enforcement agency, impounding agency, or any person
acting on behalf of those agencies that the agent is exempt from
licensure pursuant to Section 7500.2 or 7500.3 of the Business and
Professions Code.
No administrative costs authorized under subdivision (a) of
Section 22850.5 shall 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. No city, county,
city and county, or state agency shall 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 law enforcement agency, impounding agency, or other
governmental agency, or any person acting on behalf of those
agencies, shall not require any documents other than those specified
in this paragraph. The law enforcement agency, impounding agency, or
other governmental agency, or any person acting on behalf of those
agencies, shall not require any documents to be notarized. The legal
owner or the legal owner's agent shall be given a copy of any
documents he or she is required to sign, except for a vehicle
evidentiary hold logbook. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, or any
person in possession of the vehicle, may photocopy and retain the
copies of any documents presented by the legal owner or legal owner's
agent.
(4) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the
vehicle, provided all conditions required of the legal owner or legal
owner's agent under this subdivision are satisfied.
(f) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (e) shall not release
the vehicle to the registered owner or the person who was listed as
the registered owner when the vehicle was impounded of the vehicle or
any agents of the registered owner, unless a registered owner is a
rental car agency, until the termination of the impoundment period.
(2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner or the person who was
listed as the registered owner when the vehicle was impounded 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 and possession of the vehicle will not be given
to the driver who was involved in the original impoundment proceeding
until the expiration of the impoundment period.
(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 the administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining the custody of the vehicle.
(4) Any legal owner who knowingly releases or causes
the release of a vehicle to a registered owner or the person in
possession of the vehicle at the time of the impoundment or any agent
of the registered owner in violation of this subdivision shall be
guilty of a misdemeanor and subject to a fine in the amount of two
thousand dollars ($2,000) in addition to any other penalties
established by law.
(5) The legal owner, registered owner, or person in possession of
the vehicle shall not change or attempt to change the name of the
legal owner or the registered owner on the records of the department
until the vehicle is released from the impoundment.
(g) (1) A vehicle impounded and seized under subdivision (a) shall
be released to a rental car agency prior to the end of the
impoundment period 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 shall not rent another
vehicle to the driver who used the vehicle that was seized to evade a
police officer 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 and who evaded the peace officer 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.
(h) 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 and the
administrative charges authorized under Section 22850.5 and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(i) (1) This section does not apply to vehicles abated under the
Abandoned Vehicle Abatement Program pursuant to Sections 22660 to
22668, inclusive, and Section 22710, or to vehicles impounded for
investigation pursuant to Section 22655, or to vehicles removed from
private property pursuant to Section 22658.
(2) This section does not apply to abandoned vehicles removed
pursuant to Section 22669 that are determined by the public agency to
have an estimated value of three hundred dollars ($300) or less.
(j) The law enforcement agency and the impounding agency,
including any storage facility acting on behalf of the law
enforcement agency or impounding agency, shall comply with this
section and shall not be 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 the provisions of this
section. The legal owner shall indemnify and hold harmless a storage
facility from any claims arising out of the release of the vehicle to
the legal owner or the legal owner's agent and from any damage to
the vehicle after its release, including the reasonable costs
associated with defending any such claims. A law enforcement agency
shall not refuse to issue a release to a legal owner or the agent of
a legal owner on the grounds that it previously issued a release.
SEC. 7. Section 14602.8 of the Vehicle Code is amended to read:
14602.8. (a) (1) If a peace officer determines that a person has
been convicted of a violation of Section 23140, 23152, or 23153, that
the violation occurred within the preceding 10 years, and that one
or more of the following circumstances applies to that person, the
officer may immediately cause the removal and seizure of the vehicle
that the person was driving, under either of the following
circumstances:
(A) The person was driving a vehicle when the person had 0.10
percent or more, by weight, of alcohol in his or her blood.
(B) The person driving the vehicle refused to submit to or
complete a chemical test requested by the peace officer.
(2) A vehicle impounded pursuant to paragraph (1) shall be
impounded for the following period of time:
(A) Five days, if the person has been convicted once of violating
Section 23140, 23152, or 23153, and the violation occurred within the
preceding 10 years.
(B) Fifteen days, if the person has been convicted two or more
times of violating Section 23140, 23152, or 23153, or any combination
thereof, and the violations occurred within the preceding 10 years.
(3) Within two working days after impoundment, the impounding
agency 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 five
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. The law enforcement agency shall be open, without
the necessity of making an appointment, to issue a release to the
registered owner or legal owner, or the agent of either, whenever the
agency is open to serve the public.
(b) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or his or her agent 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 during 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 Section 23594.
(d) (1) The impounding agency shall release the vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period 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 driver of the vehicle is not the sole registered
owner of the vehicle and the vehicle is being released to another
registered owner of the vehicle who agrees not to allow the driver to
use the vehicle until after the end of the impoundment period.
(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 the impoundment period 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 who is not the
registered owner and holds a security interest in the vehicle.
(2) (A) The legal owner or the legal owner's agent pays all towing
and storage fees related to the seizure of the vehicle. A lien sale
processing fee shall not be charged to the legal owner who redeems
the vehicle prior to the 10th day of impoundment. The impounding
authority or any person having possession of the vehicle shall not
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.
(B) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
(C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) shall be
civilly liable to the owner of the vehicle or to the person who
tendered the fees for four times the amount of the towing, storage,
and other related fees, but not to exceed five hundred dollars
($500).
(D) A person operating or in charge of a storage facility
described in subparagraph (B) shall have sufficient funds on the
premises of the primary storage facility during normal business hours
to accommodate, and make change in, a reasonable monetary
transaction.
(E) 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 on rates.
(3) (A) The legal owner or the legal owner's agent presents to the
law enforcement agency or impounding agency, or any person acting on
behalf of those agencies, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The law enforcement agency, impounding
agency, or any other governmental agency, or any person acting on
behalf of those agencies, shall not require the presentation of any
other documents.
(B) The legal owner or the legal owner's agent presents to the
person in possession of the vehicle, or any person acting on behalf
of the person in possession, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The person in possession of the vehicle,
or any person acting on behalf of the person in possession, shall not
require the presentation of any other documents.
(C) All presented documents may be originals, photocopies, or
facsimile copies, or may be transmitted electronically. The law
enforcement agency, impounding agency, or any person acting on behalf
of them, shall not require a document to be notarized. The law
enforcement agency, impounding agency, or any person in possession of
the vehicle, or anyone acting on behalf of those agencies 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 law enforcement agency, impounding agency,
any other governmental agency, or any person in possession of the
vehicle, or anyone acting on behalf of them, that the agent is exempt
from licensure pursuant to Section 7500.2 or 7500.3 of the Business
and Professions Code.
(D) 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 and 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 law enforcement agency, impounding agency,
or any governmental agency, or any person acting on behalf of those
agencies, shall not require any documents other than those specified
in this paragraph. The law enforcement agency, impounding agency,
other governmental agency, or any person acting on behalf of those
agencies, shall not require any documents to be notarized. The legal
owner or the legal owner's agent shall be given a copy of any
documents he or she is required to sign, except for a vehicle
evidentiary hold logbook. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, or any
person in possession of the vehicle, may photocopy and retain the
copies of any documents presented by the legal owner or legal owner's
agent.
(4) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the
vehicle, provided all conditions required of the legal owner or legal
owner's agent under this subdivision are satisfied.
(g) (1) A legal owner or the legal owner's agent who obtains
release of the vehicle pursuant to subdivision (f) may not release
the vehicle to the registered owner of the vehicle or the person who
was listed as the registered owner when the vehicle was impounded or
any agents of the registered owner, unless the registered owner is a
rental car agency, until after the termination of the impoundment
period.
(2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner or the person who was
listed as the registered owner when the vehicle was impounded 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 or the person in possession of the vehicle shall make every
reasonable effort to ensure that the license presented is valid and
possession of the vehicle will not be given to the driver who was
involved in the original impoundment proceeding until the expiration
of the impoundment period.
(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 the
impoundment period 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 shall not rent another
vehicle to the driver of the vehicle that was seized until the
impoundment period has expired.
(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.
(4) Any legal owner who knowingly releases or causes
the release of a vehicle to a registered owner or the person in
possession of the vehicle at the time of the impoundment or any agent
of the registered owner in violation of this subdivision shall be
guilty of a misdemeanor and subject to a fine in the amount of two
thousand dollars ($2,000) in addition to any other penalties
established by law.
(5) The legal owner, registered owner, or person in possession of
the vehicle shall not change or attempt to change the name of the
legal owner or the registered owner on the records of the department
until the vehicle is released from the impoundment.
(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 law enforcement agency and the impounding agency,
including any storage facility acting on behalf of the law
enforcement agency or impounding agency, shall comply with this
section and shall not be 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 the provisions of this
section. The legal owner shall indemnify and hold harmless a storage
facility from any claims arising out of the release of the vehicle to
the legal owner or the legal owner's agent and from any damage to
the vehicle after its release, including the reasonable costs
associated with defending any such claims. A law enforcement agency
shall not refuse to issue a release to a legal owner or the agent of
a legal owner on the grounds that it previously issued a release.
SEC. 8. Section 21100.4 of the Vehicle Code is amended to read:
21100.4. (a) (1) A magistrate presented with the affidavit of a
peace officer or a designated local transportation officer
establishing reasonable cause to believe that a vehicle, described by
vehicle type and license number, is being operated as a taxicab or
other passenger vehicle for hire in violation of licensing
requirements adopted by a local authority under subdivision (b) of
Section 21100 shall issue a warrant or order authorizing the peace
officer or designated local transportation officer to immediately
seize and cause the removal of the vehicle. As used in this section,
"designated local transportation officer" means any local public
officer employed by a local authority to investigate and enforce
local taxicab and vehicle for hire laws and regulations.
(2) The warrant or court order may be entered into a computerized
database.
(3) A vehicle so impounded may be impounded for a period not to
exceed 30 days.
(4) 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 an address obtained from the
department, informing the owner that the vehicle has been impounded
and providing the owner with a copy of the warrant or court order.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days'
impoundment when a legal owner redeems the impounded vehicle. The law
enforcement agency shall be open, without the necessity of making an
appointment, to issue
a release to the registered owner or legal owner, or the agent of
either, whenever the agency is open to serve the public.
(b) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period and without the permission of the magistrate
authorizing the vehicle's seizure under any of the following
circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle was seized under this section for an offense
that does not authorize the seizure of the vehicle.
(2) A vehicle may not be released under this subdivision, except
upon presentation of the registered owner's or agent's currently
valid license to operate the vehicle under the licensing requirements
adopted by the local authority under subdivision (b) of Section
21100, and proof of current vehicle registration, or upon order of
the court.
(c) (1) Whenever a vehicle is impounded under this section, the
magistrate ordering the storage shall provide the vehicle's
registered and legal owners of record, or their agents, with the
opportunity for a poststorage hearing to determine the validity of
the storage.
(2) A notice of the storage shall be mailed or personally
delivered to the registered and legal owners within 48 hours after
issuance of the warrant or court order, excluding weekends and
holidays, by the person or agency executing the warrant or court
order, and shall include all of the following information:
(A) The name, address, and telephone number of the agency
providing the notice.
(B) The location of the place of storage and a description of the
vehicle, which shall include, if available, the name or make, the
manufacturer, the license plate number, and the mileage of the
vehicle.
(C) A copy of the warrant or court order and the peace officer's
affidavit, as described in subdivision (a).
(D) A statement that, in order to receive their poststorage
hearing, the owners, or their agents, are required to request the
hearing from the magistrate issuing the warrant or court order in
person, in writing, or by telephone, within 10 days of the date of
the notice.
(3) The poststorage hearing shall be conducted within two court
days after receipt of the request for the hearing.
(4) At the hearing, the magistrate may order the vehicle released
if he or she finds any of the circumstances described in subdivision
(b) or (e) that allow release of a vehicle by the impounding agency.
(5) Failure of either the registered or legal owner, or his or her
agent, to request, or to attend, a scheduled hearing satisfies the
poststorage hearing requirement.
(6) The agency employing the peace officer or designated local
transportation officer who caused the magistrate to issue the warrant
or court order shall be responsible for the costs incurred for
towing and storage if it is determined in the poststorage hearing
that reasonable grounds for the storage are not established.
(d) 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.
(e) 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 the impoundment period and without the
permission of the magistrate authorizing the seizure of the vehicle
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) (A) The legal owner or the legal owner's agent pays all towing
and storage fees related to the seizure of the vehicle. A lien sale
processing fee shall not 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.
(B) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
(C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) shall be
civilly liable to the owner of the vehicle or to the person who
tendered the fees for four times the amount of the towing, storage,
and related fees, but not to exceed five hundred dollars ($500).
(D) A person operating or in charge of a storage facility
described in subparagraph (B) shall have sufficient funds on the
premises of the primary storage facility during normal business hours
to accommodate, and make change in, a reasonable monetary
transaction.
(E) 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 on rates.
(3) (A) The legal owner or the legal owner's agent presents to the
law enforcement agency or impounding agency, or any person acting on
behalf of those agencies, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The law enforcement agency, impounding
agency, or any other governmental agency, or any person acting on
behalf of those agencies, shall not require the presentation of any
other documents.
(B) The legal owner or the legal owner's agent presents to the
person in possession of the vehicle, or any person acting on behalf
of the person in possession, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The person in possession of the vehicle,
or any person acting on behalf of the person in possession, shall not
require the presentation of any other documents.
(C) All presented documents may be originals, photocopies, or
facsimile copies, or may be transmitted electronically. The law
enforcement agency, impounding agency, or any person in possession of
the vehicle, or anyone acting on behalf of them, shall not require
any documents to be notarized. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, 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 law enforcement agency, impounding agency,
or any person in possession of the vehicle, or anyone acting on
behalf of them, that the agent is exempt from licensure pursuant to
Section 7500.2 or 7500.3 of the Business and Professions Code.
(D) No administrative costs authorized under subdivision (a) of
Section 22850.5 may 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. No city, county,
city and county, or state agency shall 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 law enforcement agency, impounding agency, or any other
governmental agency, or any person acting on behalf of those
agencies, shall not require any documents other than those specified
in this paragraph. The law enforcement agency, impounding agency, or
other governmental agency, or any person acting on behalf of those
agencies, may not require any documents to be notarized. The legal
owner or the legal owner's agent shall be given a copy of any
documents he or she is required to sign, except for a vehicle
evidentiary hold logbook. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, or any
person in possession of the vehicle, may photocopy and retain the
copies of any documents presented by the legal owner or legal owner's
agent.
(4) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the
vehicle, provided all conditions required of the legal owner or legal
owner's agent under this subdivision are satisfied.
(f) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (e) shall not release
the vehicle to the registered owner of the vehicle or the person who
was listed as the registered owner when the vehicle was impounded or
any agents of the registered owner until the termination of the
impoundment period.
(2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner or the person who was
listed as the registered owner when the vehicle was impounded until
the registered owner or that owner's agent presents his or her valid
driver's license or valid temporary driver's license, and an operator'
s license that is in compliance with the licensing requirements
adopted by the local authority under subdivision (b) of Section
21100, to the legal owner or the legal owner's agent. The legal owner
or the legal owner's agent or the person in possession of the
vehicle shall make every reasonable effort to ensure that the
licenses presented are valid and possession of the vehicle will not
be given to the driver who was involved in the original impoundment
proceeding until the expiration of the impoundment period.
(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 the administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining the custody of the vehicle.
(4) Any legal owner who knowingly releases or causes
the release of a vehicle to a registered owner or the person in
possession of the vehicle at the time of the impound
impoundment or any agent of the registered owner
in violation of this subdivision shall be guilty of a misdemeanor
and subject to a fine in the amount of two thousand dollars ($2,000)
in addition to any other penalties established by law.
(5) The legal owner, registered owner, or person in possession of
the vehicle shall not change or attempt to change the name of the
legal owner or the registered owner on the records of the department
until the vehicle is released from the impoundment.
(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 and the
administrative charges authorized under Section 22850.5 and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(h) The law enforcement agency and the impounding agency,
including any storage facility acting on behalf of the law
enforcement agency or impounding agency, shall comply with this
section and shall not be 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 the provisions of this
section. The legal owner shall indemnify and hold harmless a storage
facility from any claims arising out of the release of the vehicle to
the legal owner or the legal owner's agent and from any damage to
the vehicle after its release, including the reasonable costs
associated with defending any such claims. A law enforcement agency
shall not refuse to issue a release to a legal owner or the agent of
a legal owner on the grounds that it previously issued a release.
SEC. 8.5. Section 21100.4 of the
Vehicle Code is amended to read:
21100.4. (a) (1) A magistrate presented with the affidavit of a
peace officer or a designated local transportation officer
establishing reasonable cause to believe that a vehicle, described by
vehicle type and license number, is being operated as a taxicab or
other passenger vehicle for hire in violation of licensing
requirements adopted by a local authority under subdivision (b) of
Section 21100 shall issue a warrant or order authorizing the
a peace officer or designated local
transportation officer to immediately seize and cause the removal of
the vehicle. As used in this section, "designated local
transportation officer" means any a
local public officer employed by a local authority to investigate and
enforce local taxicab and vehicle for hire laws and regulations.
(2) The warrant or court order may be entered into a computerized
database.
(3) A vehicle so impounded may be impounded for a period not to
exceed 30 days.
(4) 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 an address obtained from the
department, informing the owner that the vehicle has been impounded
and providing the owner with a copy of the warrant or court order.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days'
impoundment when a legal owner redeems the impounded vehicle.
The law enforcement agency shall be open, without the necessity of
making an appointment, to issue a release to the registered owner or
legal owner, or the agent of either, whenever the agency is open to
serve the public.
(b) (1) An impounding agency shall release a vehicle to the
registered owner , or his or her agent , prior
to the end of the impoundment period and without the permission of
the magistrate authorizing the vehicle's seizure under any of the
following circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle was seized under this section for an offense
that does not authorize the seizure of the vehicle.
(2) A vehicle may shall not be
released under this subdivision, except upon presentation of the
registered owner's or agent's currently valid license to operate the
vehicle under the licensing requirements adopted by the local
authority under subdivision (b) of Section 21100, and proof of
current vehicle registration, or upon order of the court.
(c) (1) Whenever a vehicle is impounded under this section, the
magistrate ordering the storage shall provide the vehicle's
registered and legal owners of record, or their agents, with the
opportunity for a poststorage hearing to determine the validity of
the storage.
(2) A notice of the storage shall be mailed or personally
delivered to the registered and legal owners within 48 hours after
issuance of the warrant or court order, excluding weekends and
holidays, by the person or agency executing the warrant or court
order, and shall include all of the following information:
(A) The name, address, and telephone number of the agency
providing the notice.
(B) The location of the place of storage and a description of the
vehicle, that which shall include, if
available, the name or make, the manufacturer, the license plate
number, and the mileage of the vehicle.
(C) A copy of the warrant or court order and the peace officer's
affidavit, as described in subdivision (a).
(D) A statement that, in order to receive their poststorage
hearing, the owners, or their agents, are required to request the
hearing from the magistrate issuing the warrant or court order in
person, in writing, or by telephone, within 10 days of the date of
the notice.
(3) The poststorage hearing shall be conducted within two court
days after receipt of the request for the hearing.
(4) At the hearing, the magistrate may order the vehicle released
if he or she finds any of the circumstances described in subdivision
(b) or (e) that allow release of a vehicle by the impounding agency.
(5) Failure of either the registered or legal owner, or his or her
agent, to request, or to attend, a scheduled hearing satisfies the
poststorage hearing requirement.
(6) The agency employing the peace officer or designated local
transportation officer who caused the magistrate to issue the warrant
or court order shall be responsible for the costs incurred for
towing and storage if it is determined in the poststorage hearing
that reasonable grounds for the storage are not established.
(d) 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.
(e) 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 the impoundment period and without the
permission of the magistrate authorizing the seizure of the vehicle
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 financial
security interest in the vehicle.
(2) (A) The legal owner or the legal owner's
agent pays all towing and storage fees related to the seizure of the
vehicle. A lien sale processing fee shall not 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) (A) The legal owner or the legal owner's agent presents either
lawful foreclosure documents or a certificate of repossession and a
security agreement or title showing proof of legal ownership for the
vehicle. The documents presented
(B) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
(C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) shall be
civilly liable to the owner of the vehicle or to the person who
tendered the fees for four times the amount of the towing, storage,
and related fees, but not to exceed five hundred dollars ($500).
(D) A person operating or in charge of a storage facility
described in subparagraph (B) shall have sufficient funds on the
premises of the primary storage facility during normal business hours
to accommodate, and make change in, a reasonable monetary
transaction.
(E) 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 on rates.
(3) (A) The legal owner or the legal owner's agent presents to the
law enforcement agency or impounding agency, or any person acting on
behalf of those agencies, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The law enforcement agency, impounding
agency, or any other governmental agency, or any person acting on
behalf of those agencies, shall not require the presentation of any
other documents.
(B) The legal owner or the legal owner's agent presents to the
person in possession of the vehicle, or any person acting on behalf
of the person in possession, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The person in possession of the vehicle,
or any person acting on behalf of the person in possession, shall not
require the presentation of any other documents.
(C) All presented documents may
be originals, photocopies, or facsimile copies, or may be transmitted
electronically. The law enforcement agency, impounding
agency may , or any person in possession of
the vehicle, or anyone acting on behalf of them, shall not
require any documents to be notarized. The law enforcement
agency, impounding agency , or any person acting on behalf
of those agencies, 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 law
enforcement agency, impounding agency, or any person in
possession of the vehicle, or anyone acting on behalf of them,
that the agent is exempt from licensure pursuant to Section 7500.2 or
7500.3 of the Business and Professions Code.
(B) No administrative
(D) Administrative costs
authorized under subdivision (a) of Section 22850.5 may
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. No A city, county, city and
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 law enforcement agency,
impounding agency may , or any other
governmental agency, or any person acting on behalf of those
agencies, shall not require any documents other than those
specified in this paragraph. The law enforcement agency,
impounding agency may , or other
governmental agency, or any person acting on behalf of those
agencies, shall not require any documents to be notarized.
The legal owner or the legal owner's agent shall be given a copy of
any documents he or she is required to sign, except for a vehicle
evidentiary hold logbook. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, or any
person in possession of the vehicle, may photocopy and retain the
copies of any documents presented by the legal owner or legal owner's
agent.
(C) 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.
(4) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the
vehicle, provided all conditions required of the legal owner or legal
owner's agent under this subdivision are satisfied.
(f) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (e) may
shall not release the vehicle to the registered
owner of the vehicle or the person who was listed as the
registered owner when the vehicle was impounded or any agents
of the registered owner until the termination of the impoundment
period.
(2) The legal owner or the legal owner's agent may
shall not relinquish the vehicle to the
registered owner or the person who
was listed as the registered owner when the vehicle was
impounded until the registered owner or that owner's agent
presents his or her valid driver's license or valid temporary driver'
s license, and an operator's license that is in compliance with the
licensing requirements adopted by the local authority under
subdivision (b) of Section 21100, to the legal owner or the legal
owner's agent. The legal owner or the legal owner's agent or the
person in possession of the vehicle shall make every
reasonable effort to ensure that the licenses presented are valid
and possession of the vehicle will not be given to
the driver who was involved in the original impoundment proceeding
until the expiration of the impoundment period .
(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 the administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining the custody of the vehicle.
(4) Any legal owner who knowingly releases or causes the release
of a vehicle to a registered owner or the person in possession of the
vehicle at the time of the impoundment or any agent of the
registered owner in violation of this subdivision shall be guilty of
a misdemeanor and subject to a fine in the amount of two thousand
dollars ($2,000) in addition to any other penalties established by
law.
(5) The legal owner, registered owner, or person in possession of
the vehicle shall not change or attempt to change the name of the
legal owner or the registered owner on the records of the department
until the vehicle is released from the impoundment.
(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 and the
administrative charges authorized under Section 22850.5 and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(h) The law enforcement agency and the impounding
agency is , including any storage facility
acting on behalf of the law enforcement agency or impounding agency,
shall comply with this section and shall not be
liable to the registered owner for the improper release of the
vehicle to the legal owner or the legal owner's agent if
provided the release complies with the
provisions of this section. The legal owner shall
indemnify and hold harmless a storage facility from any claims
arising out of the release of the vehicle to the legal owner or the
legal owner's agent and from any damage to the vehicle after its
release, including the reasonable costs associated with defending any
such claims. A law enforcement agency shall not refuse to issue a
release to a legal owner or the agent of a legal owner on the grounds
that it previously issued a release.
SEC. 9. Section 22651.1 of the Vehicle Code is amended to read:
22651.1. Persons operating or in charge of any storage facility
where vehicles are stored pursuant to Section 22651 shall accept a
valid bank credit card or cash for payment of towing and storage by
the registered owner, legal owner, or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in subdivision
(a) of Section 1747.02 of the Civil Code, except, for the purposes
of this section, credit card does not include a credit card issued by
a retail seller. A person operating or in charge of any storage
facility who refuses to accept a valid bank credit card shall be
liable to the owner of the vehicle or to 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, persons
operating or in charge of the storage facility shall have sufficient
funds on the premises to accommodate and make change in a reasonable
monetary transaction.
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 agreeing
with a towing or storage provider on rates.
SEC. 10. Section 22658 of the Vehicle Code is amended to read:
22658. (a) The owner or person in lawful possession of private
property, including an association of a common interest development
as defined in Section 1351 of the Civil Code, may cause the removal
of a vehicle parked on the property to a storage facility that meets
the requirements of subdivision (n) 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 and the name and telephone number of each towing
company that is a party to a written general towing authorization
agreement with the owner or person in lawful possession of the
property. 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 tow truck operator removing the vehicle, if the operator
knows or is able to ascertain from the property owner, person in
lawful possession of the property, or 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 storage facility, a copy of the notice shall be given to the
proprietor of the storage facility. The notice provided for in this
section shall include the amount of mileage on the vehicle at the
time of removal and the time of the removal from the property. If the
tow truck operator 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 tow truck
operator 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) (1) An owner or person in lawful possession of private
property, or an association of a common interest development, 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).
(2) A property owner or owner's agent or lessee who causes the
removal of a vehicle parked on that property pursuant to the
exemption set forth in subparagraph (A) of paragraph (1) of
subdivision () and fails to comply with that subdivision is guilty of
an infraction, punishable by a fine of one thousand dollars
($1,000).
(f) An owner or person in lawful possession of private property,
or an association of a common interest development, causing the
removal of a vehicle parked on that property shall notify by
telephone or, if impractical, by the most expeditious means
available, the local traffic law enforcement agency within one hour
after authorizing the tow. An owner or person in lawful possession of
private property, an association of a common interest development,
causing the removal of a vehicle parked on that property, or the tow
truck operator who removes the vehicle, 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 () 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) (A) Possession of a vehicle under this section shall be
deemed to arise when a vehicle is removed from private property and
is in transit.
(B) 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.
(C) A person failing to comply with subparagraph (B) is guilty of
a misdemeanor.
(2) If a vehicle is released to a person in compliance with
subparagraph (B) of paragraph (1), the vehicle owner or authorized
agent shall immediately move that vehicle to a lawful location.
(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 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) A charge for towing or storage, or both, of a vehicle
under this section is excessive if the charge exceeds the greater of
the following:
(i) 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.
(ii) That which would have been charged for that towing or
storage, or both, under the rate approved for that towing operator by
the California Highway Patrol for the jurisdiction in which the
private property is located and from which the vehicle was, or was
attempted to be, removed.
(B) A towing operator shall make available for inspection and
copying his or her rate approved by the California Highway Patrol, if
any, within 24 hours of a request without a warrant to law
enforcement, the Attorney General, district attorney, or city
attorney.
(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), or who fails to make available his or her
rate as required in subparagraph (B) of paragraph (1) of subdivision
(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 bank credit card or cash for payment of towing and storage by a
registered owner, the legal owner, or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
(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) who violates paragraph (1)
or (2) 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.
(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).
() (1) (A) A towing company shall not remove or commence the
removal of a vehicle from private property without first obtaining
the written authorization from the property owner or lessee,
including an association of a common interest development, or an
employee or agent thereof, who shall be present at the time of
removal and verify the alleged violation, except that presence and
verification is not required if the person authorizing the tow is the
property owner, or the owner's agent who is not a tow operator, of a
residential rental property of 15 or fewer units that does not have
an onsite owner, owner's agent or employee, and the tenant has
verified the violation, requested the tow from that tenant's assigned
parking space, and provided a signed request or electronic mail, or
has called and provides a signed request or electronic mail within 24
hours, to the property owner or owner's agent, which the owner or
agent shall provide to the towing company within 48 hours of
authorizing the tow. The signed request or electronic mail shall
contain the name and address of the tenant, and the date and time the
tenant requested the tow. A towing company shall obtain, within 48
hours of receiving the written authorization to tow, a copy of a
tenant request required pursuant to this subparagraph. For the
purpose of this subparagraph, a person providing the written
authorization who is required to be present on the private property
at the time of the tow 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 that authorization to tow the vehicle was given.
(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) (i) 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.
(ii) In those cases in which general authorization is granted to a
towing company or its affiliate to undertake the removal or commence
the removal of a vehicle that is unlawfully parked within 15 feet of
a fire hydrant or in a fire lane, or that interferes with an
entrance to, or exit from, private property, the towing company and
the property owner, or owner's agent, or person in lawful possession
of the private property shall have a written agreement granting that
general authorization.
(2) If a towing company removes a vehicle under a general
authorization described in subparagraph (E) of paragraph (1) 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, without charge, a photocopy to the owner or an agent of the
owner, when that person claims the vehicle.
(3) A towing company shall maintain the original written
authorization, or the general authorization described in subparagraph
(E) of paragraph (1) and the photograph of the violation, required
pursuant to this section, and any written requests from a tenant to
the property owner or owner's agent required by subparagraph (A) of
paragraph (1), for a period of three years and shall make them
available for inspection and copying within 24 hours of a request
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 after the vehicle is removed from the private
property and is in transit.
(2) A towing company is guilty of a misdemeanor if the towing
company fails to provide the notification required under paragraph
(1) within 60 minutes after the vehicle is removed from the private
property and is in transit or 15 minutes after arriving at the
storage facility, whichever time is less.
(3) A towing company that does not provide the notification under
paragraph (1) within 30 minutes after the vehicle is removed from the
private property and is in transit is civilly liable to the
registered owner of the vehicle, or the person who tenders the fees,
for three times the amount of the towing and storage charges.
(4) If notification is impracticable, the times for notification,
as required pursuant to paragraphs (2) and (3), shall be tolled for
the time period that notification is impracticable. This paragraph is
an affirmative defense.
(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 after normal business hours.
(B) A gate fee may be charged for releasing a vehicle after normal
business hours, weekends, and state holidays. However, the maximum
hourly charge for releasing a vehicle after normal business hours
shall be one-half of the hourly tow rate charged for initially towing
the vehicle, or less.
(C) Notwithstanding any other provision of law and for purposes of
this paragraph, "normal business hours" are Monday to Friday,
inclusive, from 8 a.m. to 5 p.m., inclusive, except 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, sanctions, restrictions, and procedures provided
in this section are not exclusive and are in addition to other
remedies, sanctions, restrictions, or procedures that may be provided
in other provisions of law, including, but not limited to, those
that are provided in Sections 12110 and 34660.
(q) A vehicle removed and stored pursuant to this section shall be
released by the law enforcement agency, impounding agency, or person
in possession of the vehicle, or any person acting on behalf of
them, to the legal owner or the legal owner's agent upon presentation
of the assignment, as defined in subdivision (b) of Section 7500.1
of the Business and Professions Code; a release from the one
responsible governmental agency, only if required by the agency; a
government-issued photographic identification card; and any one of
the following as determined
by the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. Any documents presented may be originals,
photocopies, or facsimile copies, or may be transmitted
electronically. The storage facility shall not require any documents
to be notarized. The storage facility 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 storage facility, that the agent is exempt from licensure
pursuant to Section 7500.2 or 7500.3 of the Business and Professions
Code.
SEC. 11. Section 23118 is added to the Vehicle Code, to read:
23118. (a) (1) A magistrate presented with the affidavit of a
peace officer establishing reasonable cause to believe that a
vehicle, described by vehicle type and license number, is being used
or operated in violation of Section 7502.1 of the Business and
Professions Code shall issue a warrant or order authorizing any peace
officer to immediately seize and cause the removal of the vehicle.
(2) The warrant or court order may be entered into a computerized
database.
(3) Any vehicle so impounded may be impounded until such time as
the owner of the property, or the person in possession of the
property at the time of the impoundment, produces proof of licensure
pursuant to Chapter 11 (commencing with Section 7500) of Division 3
of the Business and Professions Code, or proof of an exemption from
licensure pursuant to Section 7500.2 or 7500.3 of the Business and
Professions Code.
(4) 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 an address obtained from the
department, informing the owner that the vehicle has been impounded
and providing the owner with a copy of the warrant or court order.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days
impoundment when a legal owner redeems the impounded vehicle. The law
enforcement agency shall be open, without the necessity of making an
appointment, to issue a release to the registered owner or legal
owner, or the agent of either, whenever the agency is open to serve
the public.
(b) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period and without the permission of the magistrate
authorizing the vehicle's seizure under any of the following
circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle was seized under this section for an offense
that does not authorize the seizure of the vehicle.
(2) No vehicle may be released under this subdivision, except upon
presentation of the registered owner's or agent's currently valid
license to operate the vehicle, and proof of current vehicle
registration, or upon order of the court.
(c) (1) Whenever a vehicle is impounded under this section, the
magistrate ordering the storage shall provide the vehicle's
registered and legal owners of record, or their agents, with the
opportunity for a poststorage hearing to determine the validity of
the storage.
(2) A notice of the storage shall be mailed or personally
delivered to the registered and legal owners within 48 hours after
issuance of the warrant or court order, excluding weekends and
holidays, by the person or agency executing the warrant or court
order, and shall include all of the following information:
(A) The name, address, and telephone number of the agency
providing the notice.
(B) The location of the place of storage and a description of the
vehicle, which shall include, if available, the name or make, the
manufacturer, the license plate number, and the mileage of the
vehicle.
(C) A copy of the warrant or court order and the peace officer's
affidavit, as described in subdivision (a).
(D) A statement that, in order to receive their poststorage
hearing, the owners, or their agents, are required to request the
hearing from the magistrate issuing the warrant or court order in
person, in writing, or by telephone, within 10 days of the date of
the notice.
(3) The poststorage hearing shall be conducted within two court
days after receipt of the request for the hearing.
(4) At the hearing, the magistrate may order the vehicle released
if he or she finds any of the circumstances described in subdivision
(b) or (e) that allow release of a vehicle by the impounding agency.
(5) Failure of either the registered or legal owner, or his or her
agent, to request, or to attend, a scheduled hearing satisfies the
poststorage hearing requirement.
(6) The agency employing the peace officer who caused the
magistrate to issue the warrant or court order shall be responsible
for the costs incurred for towing and storage if it is determined in
the poststorage hearing that reasonable grounds for the storage are
not established.
(d) 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.
(e) 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 the impoundment period and without the
permission of the magistrate authorizing the seizure of the vehicle
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) (A) The legal owner or the legal owner's agent pays all towing
and storage fees related to the seizure of the vehicle. Except as
specifically authorized by this subdivision, no other fees shall be
charged to the legal owner or the agent of the legal owner. 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.
(B) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
(C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) shall be
civilly liable to the owner of the vehicle or to the person who
tendered the fees for four times the amount of the towing, storage,
and related fees, but not to exceed five hundred dollars ($500).
(D) A person operating or in charge of the storage facility shall
have sufficient funds on the premises of the primary storage facility
during normal business hours to accommodate, and make change in, a
reasonable monetary transaction.
(E) 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 on rates.
(3) (A) The legal owner or the legal owner's agent presents to the
law enforcement agency or impounding agency, or any person acting on
behalf of those agencies, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The law enforcement agency, impounding
agency, or any other governmental agency, or any person acting on
behalf of those agencies, shall not require the presentation of any
other documents.
(B) The legal owner or the legal owner's agent presents to the
person in possession of the vehicle, or any person acting on behalf
of the person in possession, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The person in possession of the vehicle,
or any person acting on behalf of the person in possession, shall not
require the presentation of any other documents.
(C) All presented documents may be originals, photocopies, or
facsimile copies, or may be transmitted electronically. The law
enforcement agency, impounding agency, or any person in possession of
the vehicle, or anyone acting on behalf of them, shall not require a
document to be notarized. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, 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 law enforcement agency, impounding agency, or any
person in possession of the vehicle, or anyone acting on behalf of
them, that the agent is exempt from licensure pursuant to Section
7500.2 or 7500.3 of the Business and Professions Code.
(D) No administrative costs authorized under subdivision (a) of
Section 22850.5 shall 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. No city, county,
city and county, or state agency shall 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 law enforcement agency, impounding agency, or any other
governmental agency, or any person acting on behalf of those
agencies, shall not require any documents other than those specified
in this paragraph. The law enforcement agency, impounding agency, or
other governmental agency, or any person acting on behalf of those
agencies, may not require any documents to be notarized. The legal
owner or the legal owner's agent shall be given a copy of any
documents he or she is required to sign, except for a vehicle
evidentiary hold logbook. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, or any
person in possession of the vehicle, may photocopy and retain the
copies of any documents presented by the legal owner or legal owner's
agent.
(4) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the
vehicle, provided all conditions required of the legal owner or legal
owner's agent under this subdivision are satisfied.
(f) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (e) shall not release
the vehicle to the registered owner of the vehicle or the person who
was listed as the registered owner when the vehicle was impounded or
the person in possession of the vehicle at the time of the impound or
any agents of the registered owner until the termination of the
impoundment period.
(2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner or the person who was
listed as the registered owner when the vehicle was impounded 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 or the person in possession of the vehicle shall make every
reasonable effort to ensure that the licenses presented are valid and
possession of the vehicle will not be given to the driver who was
involved in the original impound proceeding until the expiration of
the impoundment period.
(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 the administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining the custody of the vehicle.
(4) Any legal owner who knowingly releases or causes
the release of a vehicle to a registered owner or the person in
possession of the vehicle at the time of the impound or any agent of
the registered owner in violation of this subdivision shall be guilty
of a misdemeanor and subject to a fine in the amount of two thousand
dollars ($2,000) in addition to any other penalties established by
law.
(5) The legal owner, registered owner, or person in possession of
the vehicle shall not change or attempt to change the name of the
legal owner or the registered owner on the records of the department
until the vehicle is released from the impound.
(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 and the
administrative charges authorized under Section 22850.5 and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(h) The law enforcement agency and the impounding agency,
including any storage facility acting on behalf of the law
enforcement agency or impounding agency, shall comply with this
section and shall not be 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 the provisions of this
section. The legal owner shall indemnify and hold harmless a storage
facility from any claims arising out of the release of the vehicle to
the legal owner or the legal owner's agent and from any damage to
the vehicle after its release, including the reasonable costs
associated with defending any such claims. A law enforcement agency
shall not refuse to issue a release to a legal owner or the agent of
a legal owner on the grounds that it previously issued a release.
SEC. 12. Section 24605 of the Vehicle Code is amended to read:
24605. (a) A tow truck or an automobile dismantler's tow vehicle
used to tow a vehicle shall be equipped with and carry a taillamp, a
stoplamp, and turn signal lamps for use on the rear of a towed
vehicle.
(b) Whenever a tow truck or an automobile dismantler's tow vehicle
is towing a vehicle and a stoplamp and turn signal lamps cannot be
lighted and displayed on the rear of the towed vehicle, the operator
of the tow truck or the automobile dismantler's tow vehicle shall
display to the rear a stoplamp and turn signal lamps mounted on the
towed vehicle, except as provided in subdivision (c). During
darkness, if a taillamp on the towed vehicle cannot be lighted, the
operator of the tow truck or the automobile dismantler's tow vehicle
shall display to the rear a taillamp mounted on the towed vehicle. No
other lighting equipment need be displayed on the towed vehicle.
(c) Whenever any motor vehicle is towing another motor vehicle,
stoplamps and turn signal lamps are not required on the towed motor
vehicle, but only if a stoplamp and a turn signal lamp on each side
of the rear of the towing vehicle is plainly visible to the rear of
the towed vehicle. This subdivision does not apply to
driveaway-towaway operations.
SEC. 13. Section 29004 of the Vehicle Code is amended to read:
29004. (a) (1) Except as required under paragraph (2), every
towed vehicle shall be coupled to the towing vehicle by means of a
safety chain, cable, or equivalent device in addition to the regular
drawbar, tongue, or other connection.
(2) Any vehicle towed by a tow truck shall be coupled to the tow
truck by means of at least two safety chains in addition to the
primary restraining system. The safety chains shall be securely
affixed to the truck frame, bed, or towing equipment, independent of
the towing sling, wheel lift, or under-reach towing equipment.
(3) Any vehicle transported on a slide back carrier or
conventional trailer shall be secured by at least four tiedown
chains, straps, or an equivalent device, independent of the winch or
loading cable. This subdivision shall not apply to vehicle bodies
that are being transported in compliance with Sections 1340 to 1344,
inclusive, of Title 13 of the California Code of Regulations.
(b) All safety connections and attachments shall be of sufficient
strength to control the towed vehicle in the event of failure of the
regular hitch, coupling device, drawbar, tongue, or other connection.
All safety connections and attachments also shall have a positive
means of ensuring that the safety connection or attachment does not
become dislodged while in transit.
(c) No more slack may be left in a safety chain, cable, or
equivalent device than is necessary to permit proper turning. When a
drawbar is used as the towing connection, the safety chain, cable, or
equivalent device shall be connected to the towed and towing vehicle
and to the drawbar so as to prevent the drawbar from dropping to the
ground if the drawbar fails.
(d) Subdivision (a) does not apply to a semitrailer having a
connecting device composed of a fifth wheel and kingpin assembly, and
it does not apply to a towed motor vehicle when steered by a person
who holds a license for the type of vehicle being towed.
(e) For purposes of this section, a "tow truck" includes both of
the following:
(1) A repossessor's tow vehicle, as defined in subdivision (b) of
Section 615.
(2) An automobile dismantler's tow vehicle, as defined in
subdivision (c) of Section 615.
(f) Vehicles towed by a repossessor's tow vehicle, as defined in
subdivision (b) of Section 615, are exempt from the multisafety chain
requirement of paragraph (2) of subdivision (a) so long as the
vehicle is not towed more than one mile on a public highway and is
secured by one safety chain.
SEC. 14. Section 8.5 of this bill incorporates
amendments to Section 21100.4 of the Vehicle Code proposed by both
this bill and AB 282. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2010,
(2) each bill amends Section 21100.4 of the Vehicle Code, and (3)
this bill is enacted after AB 282, in which case Section 8 of this
bill shall not become operative.
SEC. 14. SEC. 15. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution for certain costs that may be incurred by
a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.