BILL NUMBER: AB 519 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 17, 2009
AMENDED IN ASSEMBLY APRIL 29, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Duvall
FEBRUARY 24, 2009
An act to add Section 22651.07 to amend Section 3068.1 of the
Civil Code, and to the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 519, as amended, Duvall. California Consumer Bill of
Rights for Towed Vehicles. Vehicles: Towing Fees and
Access Notice.
(1) Existing law provides that every person has a possessory lien
for the compensation to which he or she is legally entitled for the
towing, storage, or labor associated with recovery or load salvage of
any vehicle that has been authorized to be removed by a public
agency, a private property owner, or a lessee, operator, or
registered owner of the vehicle. Existing law requires that a person
requesting release of the vehicle present documentation establishing
that he or she is entitled to possession of the vehicle and
authorizes an inspection of the vehicle by the legal owner or lessor,
or his or her agent within a specified time period after receiving a
written demand for the inspection.
This bill would define "documentation" and "agent" for these
purposes and would also provide that a lienholder that releases a
vehicle in compliance with specified provisions of law or a vehicle
authorized for release by law enforcement or other governmental
agency, has no civil liability of any kind for any claim or dispute
arising out of the release of the vehicle.
(1)
(2) Existing law authorizes a peace officer, or a
regularly employed and salaried public employee, who is engaged in
directing traffic or enforcing parking laws and regulations, to
remove a vehicle located within the territorial limits in which the
officer or employee is allowed to act under specified circumstances,
including, among other things, when a vehicle is illegally parked and
blocks the movement of a legally parked vehicle. A violation of this
provision is an infraction.
This bill would establish, and require a person or towing company
that charges for towing and storage to post a specified copy of
, the "California Consumer Bill of Rights for
Towed Vehicles," "Towing Fees and Access
Notice" that contains specific information regarding a vehicle
owner's rights and responsibilities if his or her vehicle is towed,
and would require, among other things, that it be posted in the
office area of the storage facility in plain view to the public, and
would also require that copies be made readily available to the
public.
The bill would require a person or towing company that charges for
towing and storage to provide, upon request, a copy of the
California Consumer Bill of Rights for Towed Vehicles
Towing Fees and Access Notice to any owner or operator of a
towed or stored vehicle and would require the person or towing
company to provide a separate and distinct notice
on an itemized invoice for any towing and storage charges.
By creating a new crime, the bill would impose a state-mandated
local program.
(2)
(3) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3068.1 of the Civil
Code is amended to read:
3068.1. (a) (1) Every person has a lien
dependent upon possession for the compensation to which the person is
legally entitled for towing, storage, or labor associated with
recovery or load salvage of any vehicle subject to registration that
has been authorized to be removed by a public agency, a private
property owner pursuant to Section 22658 of the Vehicle Code, or a
lessee, operator, or registered owner of the vehicle. The lien is
deemed to arise on the date of possession of the vehicle. Possession
is deemed to arise when the vehicle is removed and is in transit, or
when vehicle recovery operations or load salvage operations have
begun. A person seeking to enforce a lien for the storage and
safekeeping of a vehicle shall impose no charge exceeding that for
one day of storage if, 24 hours or less after the vehicle is placed
in storage, the vehicle is released. If the release 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. If a request to release the 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 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 the 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.
(2) "Documentation" that would entitle a person to possession of
the vehicle includes, but is not limited to, a certificate of
ownership, vehicle registration, information in the possession of the
lienholder including ownership information obtained from the
Department of Motor Vehicles or a facially valid registration found
within the vehicle, or a notarized letter or statement from the legal
or registered owner providing authorization to release to a
particular person with a government-issued photographic
identification card. Documentation that establishes that a person is
the owner's insurance representative includes, but is not limited to,
a faxed letter or other letter from the owner's insurance company. A
lienholder is not responsible for determining the authenticity of
documentation that establishes either a person's entitlement to
possession or that a person is the owner's insurance representative.
(b) If the vehicle has been determined to have a value not
exceeding four thousand dollars ($4,000), the lien shall be satisfied
pursuant to Section 3072. Lien sale proceedings pursuant to Section
3072 shall commence within 15 days of the date the lien arises. No
storage shall accrue beyond the 15-day period unless lien sale
proceedings pursuant to Section 3072 have commenced. The storage lien
may be for a period not exceeding 60 days if a completed notice of a
pending lien sale form has been filed pursuant to Section 3072
within 15 days after the lien arises. Notwithstanding this 60-day
limitation, the storage lien may be for a period not exceeding 120
days if any one of the following occurs:
(1) A Declaration of Opposition is filed with the department
pursuant to Section 3072.
(2) The vehicle has an out-of-state registration.
(3) The vehicle identification number was altered or removed.
(4) A person who has an interest in the vehicle becomes known to
the lienholder after the lienholder has complied with subdivision (b)
of Section 3072.
(c) If the vehicle has been determined to have a value exceeding
four thousand dollars ($4,000) pursuant to Section 22670 of the
Vehicle Code, the lien shall be satisfied pursuant to Section 3071.
The storage lien may be for a period not exceeding 120 days if an
application for an authorization to conduct a lien sale has been
filed pursuant to Section 3071.
(d) (1) Any lien under this section shall be
extinguished, and no lien sale shall be conducted, if any one of the
following occurs:
(1)
(A) The lienholder, after written demand to inspect the
vehicle made by either personal service or certified mail with
return receipt requested by the legal owner or the lessor, fails to
permit the inspection by the legal owner or lessor, or his or her
agent, within a period of time of at least 24 hours, but not to
exceed 72 hours, after the receipt of that written demand, during the
normal business hours of the lienholder. The legal owner or lessor
shall comply with inspection and vehicle release policies of the
impounding public agency.
(2)
(B) The amount claimed for storage exceeds the posted
rates.
(2) "Agent" includes, but is not limited to, any person designated
to inspect the vehicle by the request of the legal owner or lessor,
in writing or by telephone, to the lienholder. A lienholder is not
responsible for determining the authenticity of documentation
establishing a person's agency for the purposes of inspection of a
vehicle.
(e) A lienholder that releases a vehicle in compliance with
Section 14602.6, 14602.7, 14602.8, 21100.4, 22658, or 23109.2 of the
Vehicle Code or a vehicle authorized for release by law enforcement
or other governmental agency, has no civil liability of any kind for
any claim or dispute arising out of the release of the vehicle.
SECTION 1. SEC. 2. Section 22651.07
is added to the Vehicle Code, to read:
22651.07. (a) A person or towing company that charges for towing
and storage shall do all of the following:
(1) Postin Post in the office area
of the storage facility, in plain view to the public, the
California Consumer Bill of Rights for Towed Vehicles
Towing Fees and Access Notice and have copies readily available
to the public.
(2) Provide, upon request, a copy of the California
Consumer Bill of Rights for Towed Vehicles Towing Fees
and Access Notice to any owner or operator of a towed or
stored vehicle.
(3) Provide a separate and distinct notice on
an itemized invoice for any towing and storage charges stating: "Upon
request, you are entitled to receive a copy of the
California Consumer Bill of Rights for Towed Vehicles."
Towing Fees and Access Notice." This notice shall be
contained within a bordered text box, printed in no less than
10-point type.
(b) Prior to receiving payment for any towing, recovery, or
storage-related fees, a person or towing company that charges for
towing and storage shall provide a clear, itemized, and
detailed an itemized invoice of actual charges
to the vehicle owner or his or her agent.
(c) Prior to paying any towing, recovery, or storage-related fees,
a vehicle owner or his or her agent shall have the right to all of
the following:
(1) Receive his or her personal property, at no charge, during
normal business hours. Normal business hours are Monday through
Friday from 8:00 a.m. to 5:00 p.m., inclusive, except state holidays.
(2) Retrieve his or her vehicle during the first 72 hours of
storage and not pay a lien fee.
(3) Request a copy of the California Consumer Bill of
Rights for Towed Vehicles Towing Fees and Access
Notice .
(4) Pay by cash or credit card. Be
permitted to pay by cash or a valid bank credit card. 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.
(d) The California Consumer Bill of Rights for Towed
Vehicles Towing Fees and Access Notice shall be
a separate standardized document and plainly printed in no less that
10-point type. A person or towing company may distribute the form
using its own letterhead, but the language of the California
Consumer Bill of Rights for Towed Vehicles Towing
Fees and Access Notice shall read as follows:
+------------------------------------------------+
| California Consumer Bill of Rights for Towed|
|Vehicles |
| Towing Fees and Access Notice |
+------------------------------------------------+
| |
+------------------------------------------------+
|Who can tow your vehicle? |
+------------------------------------------------+
| |
+------------------------------------------------+
| Law enforcement officials can order ""public
|
|tows,'' when vehicles: |
+------------------------------------------------+
| |
+------------------------------------------------+
| 46 Have been involved in an accident.
|
+------------------------------------------------+
| 46 Are being driven by an unlicensed
|
|driver. |
+------------------------------------------------+
| 46 Have unpaid parking tickets.
|
+------------------------------------------------+
| 46 Have registrations expired in
|
|excess of 6 months. |
+------------------------------------------------+
| 46 Are disabled (broken down).
|
+------------------------------------------------+
| 46 Are parked in tow-away or other
|
|no-parking zones. |
+------------------------------------------------+
| 46 Block private driveways.
|
+------------------------------------------------+
| 46 Are abandoned or threaten public
|
|health or safety. |
+------------------------------------------------+
| 46 The driver has been arrested for
|
|or committed a criminal act. |
+------------------------------------------------+
| (Additional circumstances may apply.)
|
+------------------------------------------------+
| |
+------------------------------------------------+
| A private property owner or his or her
agent by
|
|written agreement with a towing company can |
|order a ""private property tow'' if a vehicle |
|is illegally or improperly parked on private |
|property. (The towing company may not act as |
|the agent for the private property owner and |
|authorize the tow.) |
+------------------------------------------------+
| The vehicle's owner or driver can make
|
|arrangements directly with a towing company to |
|tow his or her vehicle. This is commonly |
|referred to as an ""owner's request tow.'' |
+------------------------------------------------+
| |
+------------------------------------------------+
|Note: The following information is intended to |
|serve as a general summary of some of the laws |
|that provide vehicle owners certain rights when |
|their vehicle is towed. It is not intended to |
|summarize all of the laws that may be |
|applicable nor is it intended to fully and |
|completely state the entire law in any area |
|listed. Please review the applicable California |
|code for a definitive statement of the law in |
|your particular situation. |
+------------------------------------------------+
| |
+------------------------------------------------+
|How much can a towing company charge? |
+------------------------------------------------+
| |
+------------------------------------------------+
|Rates for public tows and storage are generally |
|established by the law enforcement agency |
|requesting the tow (to confirm the approved |
|established by an agreement between the law |
|enforcement agency requesting the tow and the |
|towing company (to confirm the approved rates, |
| rates, you may contact the law enforcement
agency
that |
| agency that initiated the tow; additionally,
these rates
|
| these rates are required to be posted at the
storage
|
| storage facility).
|
+------------------------------------------------+
| |
+------------------------------------------------+
|Rates for private property tows and storage can
|
| can not exceed the approved rates for the law
|
|enforcement agency that has primary |
|jurisdiction for the property from which the |
|vehicle was removed or the towing company's |
|approved CHP rate. |
+------------------------------------------------+
|Rates for owner's request tows and storage are |
|generally established by mutual agreement |
|between the requestor and the towing company, |
|but may be dictated by agreements established |
|between the requestor's motor club and |
|motor club service provider. |
+------------------------------------------------+
| |
+------------------------------------------------+
| If my vehicle was
towed how can I find it?
|
+------------------------------------------------+
| |
+------------------------------------------------+
| Call your local law enforcement agency.
|
|Vehicles placed in storage after either a |
|public or private tow are reported to law |
|enforcement. |
+------------------------------------------------+
| |
+------------------------------------------------+
|Where can you complain about a towing company? |
+------------------------------------------------+
| |
+------------------------------------------------+
|Public tows: The law enforcement agency |
|initiating the tow. |
+------------------------------------------------+
|Private property tows: The local law |
|enforcement agency or District Attorney's or |
|City Attorney's office in your area. (The |
|towing company is required to provide you with |
|the agency's name and telephone number.) |
+------------------------------------------------+
| |
+------------------------------------------------+
| |
+------------------------------------------------+
|Your rights if your vehicle is towed: |
|For public tows: Contact the law enforcement |
|agency initiating the tow. |
+------------------------------------------------+
| |
+------------------------------------------------+
|If the owner or driver is present prior to the |
|vehicle being towed the tow truck operator must |
|provide the vehicle owner or driver with the |
|following information: |
+------------------------------------------------+
|Your rights
if your vehicle is towed: |
|46 A list of all towing and |
|storage-related fees. |
+------------------------------------------------+
|46 A signed authorization of |
|services containing the date and time of the |
|tow; location from which the vehicle will be |
|towed; the location where the vehicle will be |
|towed or stored; the vehicle operator's or |
|vehicle owner's name and address (if |
|obtainable); the odometer reading (if |
|obtainable) and the name, address, and |
|telephone number of the towing company and the |
|storage facility if different from the towing |
|company. |
+------------------------------------------------+
| |
+------------------------------------------------+
| |
+------------------------------------------------+
| |
+------------------------------------------------+
| |
+------------------------------------------------+
| Generally, prior to paying any towing and
|
|storage-related fees you have the right to: |
+------------------------------------------------+
| 46 Receive a clear and an itemized
|
|invoice of actual charges. |
+------------------------------------------------+
| 46 Receive your personal property,
|
|at no charge, during normal business hours. |
+------------------------------------------------+
| 46 Retrieve your vehicle during the
|
|first 72 hours of storage and not pay a lien |
|fee. |
+------------------------------------------------+
| 46 Request a copy of the Towing Fees
|
|and Access Notice California Consumer Bill of |
|Rights for Towed Vehicles. |
+------------------------------------------------+
|46 Pay by cash or valid bank credit |
|card. |
+------------------------------------------------+
|46 Inspect your vehicle or have your |
|insurance carrier inspect your vehicle at the |
|storage facility during normal business hours. |
+------------------------------------------------+
| You have the right to have the vehicle released
|
|to you upon (1) payment of all towing and |
|storage-related fees, (2) presentation of a |
|valid photo identification, and (3) |
|presentation of reliable documentation showing |
|that you are the owner of the vehicle or that |
|the owner has authorized you to take possession |
|of the vehicle. |
+------------------------------------------------+
| Prior to your vehicle being repaired:
|
+------------------------------------------------+
|46 You have the right to choose the |
|repair facility and to have no repairs made to |
|your vehicle unless you authorize them in |
|writing. |
+------------------------------------------------+
|46 Any authorization you sign for |
|towing and any authorization you sign for |
|repair must be on separate forms. |
+------------------------------------------------+
| |
+------------------------------------------------+
|Prior to paying any towing and storage-related |
|fees you have the right to: |
+------------------------------------------------+
| |
+------------------------------------------------+
|46 Receive a clear and itemized |
|invoice of actual charges. |
+------------------------------------------------+
|46 Receive your personal property, |
|at no charge, during normal business hours. |
+------------------------------------------------+
|46 Retrieve your vehicle during the |
|first 72 hours of storage and not pay a lien |
|fee. |
+------------------------------------------------+
|46 Request a copy of the California |
|Consumer Bill of Rights for Towed Vehicles. |
+------------------------------------------------+
|46 Pay by cash or credit card. |
+------------------------------------------------+
|46 Have you or your insurance |
|carrier inspect your vehicle at the storage |
|facility during normal business hours. |
+------------------------------------------------+
| |
+------------------------------------------------+
|You have the right to have the vehicle released |
|to you upon (1) payment of all towing and |
|storage-related fees, (2) presentation of a |
|valid photo identification, and (3) |
|presentation of reliable documentation showing |
|that you are the owner of the vehicle or that |
|the owner has authorized you to take possession |
|of the vehicle. |
+------------------------------------------------+
| |
+------------------------------------------------+
|Prior to your vehicle being repaired: |
+------------------------------------------------+
| |
+------------------------------------------------+
|46 You have the right to choose the |
|repair facility and to have no repairs made to |
|your vehicle unless you authorize them in |
|writing. |
+------------------------------------------------+
|46 Any authorization you sign for |
|towing and any authorization you sign for |
|repair must be on separate forms. |
+------------------------------------------------+
| |
+------------------------------------------------+
| What is the towing company required to do prior
|
|to towing your vehicle? |
+------------------------------------------------+
| |
+------------------------------------------------+
| |
+------------------------------------------------+
| |
+------------------------------------------------+
| |
+------------------------------------------------+
| |
+------------------------------------------------+
| |
+------------------------------------------------+
| Prior to towing your vehicle, the towing
|
|service must do all of the following: |
+------------------------------------------------+
| 46 Have a Motor Carrier Permit
|
|(issued by DMV) and display their Carrier |
|Identification Number (issued by CHP) on their |
|tow truck. |
+------------------------------------------------+
|46 Have insurance as required by the |
|California Vehicle Code. |
+------------------------------------------------+
|46 Have ""On-Hook'' or ""Cargo'' |
|insurance that covers your vehicle while in |
|transit as required by the California Vehicle |
|Code. |
+------------------------------------------------+
|46 Have posted in the office area of |
|the storage facility, in plain view to the |
|public, its towing and storage-related fees. |
+------------------------------------------------+
|46 Have posted in the office area of |
|the storage facility, in plain view to the |
|public, the California Consumer Bill of Rights |
|for Towed Vehicles and have copies easily |
|available to the public. |
+------------------------------------------------+
|46 A signed authorization for |
|services containing the date and time of the |
|tow; location from which the vehicle will be |
|towed; the location where the vehicle will be |
|towed or stored; the vehicle operator's or |
|vehicle owner's name and address (if |
|obtainable); the odometer reading (if |
|available); and the name, address, and |
|telephone number of the towing company and the |
|storage facility if different from the towing |
|company. |
+------------------------------------------------+
| |
+------------------------------------------------+
|What if I do not pay the towing and storage- |
|related fees or abandon my vehicle at the |
|towing company? |
+------------------------------------------------+
| |
+------------------------------------------------+
|The towing company will hold a public auction |
|Pursuant to Sections 3068.1 to 3074, inclusive, |
|of the Civil Code, a towing company may sell |
| to sell your vehicle and any moneys
received
will |
| received will be applied to towing and storage-
related fees
|
| related fees that have accumulated against your
vehicle.
|
|vehicle. |
+------------------------------------------------+
| |
+------------------------------------------------+
|You are responsible for paying the towing |
|company any outstanding balance of these fees |
|once the auction is complete. |
|company any outstanding balance due on any of |
|these fees once the sale is complete. |
+------------------------------------------------+
| |
+------------------------------------------------+
(e) "Itemized invoice," as used in this section, means a written
document that substantially contains the following
information: contains the following information and
may document that substantially complies with this subdivision shall
be deemed an "itemized invoice" for purposes of this section:
(1) The name, address, telephone number, and carrier
identification number as required by subdivision (a) of Section
34507.5 of the person or towing company that is charging for towing
and storage.
(2) If ascertainable, the registered owner or operator's name,
address, and telephone number.
(3) The date service was initiated.
(4) The specific location of the vehicle at the time service was
initiated, including either the exact address or nearest intersecting
roadways.
(5) A vehicle description that includes, if ascertainable, the
vehicle year, make, model, odometer reading, license plate number, or
if a license plate number is unavailable, the vehicle identification
number (VIN).
(6) The service dispatch time, the service arrival time of the
vehicle, and the service completion time.
(7) A clear, itemized, and detailed explanation of any additional
services that caused the total towing-related service time to exceed
one hour between service dispatch time and service completion time.
(8) The hourly rate or per item rate used to calculate the total
towing and recovery-related fees. These fees shall be listed as
separate line items.
(9) If subject to storage fees, the daily storage rate and the
total number of days stored. The storage fees shall be listed as a
separate line item.
(10) If subject to an after-hours fee, gate fee, or other similar
fee, the date and time the vehicle was released. An after-hours fee,
gate fee, or other similar fee shall be listed as a separate line
item.
(11) A distinct and separate notice, contained within a bordered
text box, printed in 10-point type, stating: "Upon request, you are
entitled to receive a copy of the California Consumer Bill of Rights
for Towed Vehicles."
(12) A description of the method of towing.
(10) If subject to a gate fee, the date and time the vehicle was
either accessed, for the purposes of returning personal property, or
was released after normal business hours. Normal business hours are
Monday through Friday from 8:00 a.m. to 5:00 p.m., inclusive, except
state holidays. A gate fee shall be listed as a separate line item.
(11) A distinct notice, contained within a bordered text box,
printed in 10-point type, stating: "Upon request, you are entitled to
receive a copy of the Towing Fees and Access Notice."
(12) A description of the method of towing.
(13) If the tow was not requested by the vehicle's owner or
driver, the identity of the person or governmental agency that
directed the tow. This paragraph shall not apply to information
otherwise required to be redacted under Section 22658.
(14) A clear, itemized, and detailed explanation of any additional
services or fees.
(f) A person who violates this section is civilly liable to the
person tendering payment for towing and storage charges for up to two
times the amount charged. For any action brought under this section,
liability shall not exceed five hundred dollars ($500).
(g) This section shall not apply to the towing or storage of a
repossessed vehicle by any person subject to, or exempt from, the
Collateral Recovery Act (Chapter 11 (commencing with Section 7500) of
Division 3 of the Business and Professions Code).
(h) This section does not relieve a person from the obligation to
comply with the provision of any other law.
SEC. 2. SEC. 3. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.