BILL NUMBER: AB 519 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 23, 2009
AMENDED IN SENATE JUNE 26, 2009
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 add Section 22651.07 to
the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 519, as amended, Duvall. 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
is not liable for any claim or dispute arising out of the
release of the vehicle reliance on the
documentation for purposes of releasing a vehicle .
(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 that charges for
towing and storage to post a specified copy of "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 that charges for towing and
storage to provide, upon request, a copy of the Towing Fees and
Access Notice to any owner or operator of a towed or stored vehicle
and would require the person to provide an itemized invoice for any
towing and storage charges.
By creating a new crime, the bill would impose a state-mandated
local program.
The bill would also provide that a person who violates these
provisions is civilly liable to a registered or legal owner of the
vehicle, or a registered owner's insurer, for up to 2 times the
amount charged, not to exceed $500 per vehicle.
(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 specifically described in this subdivision 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:
(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.
(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 this
section, with Section 14602.6, 14602.7, 14602.8, 21100.4, 22651,
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.
(e) A lienholder shall not be liable for any claim or dispute
directly arising out of the reliance on documentation specifically
described in paragraph (2) of subdivision (a) for purposes of
releasing a vehicle.
SEC. 2. Section 22651.07 is added to the Vehicle Code, to read:
22651.07. (a) A person that charges for towing and storage shall
do all of the following:
(1) Post in the office area of the storage facility, in plain view
to the public, the Towing Fees and Access Notice and have copies
readily available to the public.
(2) Provide, upon request, a copy of the Towing Fees and Access
Notice to any owner or operator of a towed or stored vehicle.
(3) Provide a distinct notice on an itemized invoice for any
towing and storage charges stating: "Upon request, you are entitled
to receive a copy of the 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 that charges for towing and storage
shall provide 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 Towing Fees and Access Notice.
(4) 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 Towing Fees and Access Notice shall be a standardized
document plainly printed in no less that 10-point type. A person may
distribute the form using its own letterhead, but the language of the
Towing Fees and Access Notice shall read as follows:
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| Towing Fees and Access Notice |
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| |
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|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. |
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| |
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|How much can a towing company charge? |
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| |
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|Rates for public tows and storage are generally |
|established by an agreement between the law |
|enforcement agency requesting the tow and the |
|towing company (to confirm the approved rates, |
|you may contact the law enforcement agency that |
|initiated the tow; additionally, these |
|rates are required to be posted at the storage |
|facility). |
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| |
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|Rates for private property tows and storage |
|cannot 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. |
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| |
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|Where can you complain about a towing company? |
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| |
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|For public tows: Contact the law enforcement |
|agency initiating the tow. |
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| |
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|Your rights if your vehicle is towed: |
+------------------------------------------------+
| |
+------------------------------------------------+
|Generally, prior to paying any towing and |
|storage-related fees you have the right to: |
+------------------------------------------------+
|46 Receive 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. |
+------------------------------------------------+
|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, at no charge, during normal |
| 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, (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, and (4), if applicable, presentation |
|of any required police or law enforcement |
|release documents. |
+------------------------------------------------+
|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 if I do not pay the towing and storage- |
|related fees or abandon my vehicle at the |
|towing company? |
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| |
+------------------------------------------------+
|Pursuant to Sections 3068.1 to 3074, inclusive, |
|of the Civil Code, a towing company may sell |
|your vehicle and any moneys received will be |
|applied to towing and storage-related fees that |
|have accumulated against your vehicle. |
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| |
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|You are responsible for paying the towing |
|company any outstanding balance due on any of |
|these fees once the sale is complete. |
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| |
+------------------------------------------------+
|Who is liable if my vehicle was damaged during |
|towing or storage? |
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| |
+------------------------------------------------+
|Generally the owner of a vehicle 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. |
+------------------------------------------------+
| |
+------------------------------------------------+
|What happens if a towing company violates the |
|law? |
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| |
+------------------------------------------------+
|If a tow company does not satisfactorily meet |
|certain requirements detailed in this notice, |
|you may bring a lawsuit in court, generally in |
|small claims court. The tower may be civilly |
|liable for damages up to two times the amount |
|charged, not to exceed $500, and possibly more |
|for certain violations. |
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| |
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(e) "Itemized invoice," as used in this section, means a written
document that contains the following information and any
information. Any 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 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 location of the vehicle at the time service was initiated,
including either the 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 tow
truck, 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 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 description of the method of towing.
(12) 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.
(13) A clear, itemized, and detailed explanation of any additional
services or fees.
(f) "Person," as used in this section, has the same meaning as
described in Section 470.
(g) An insurer or insurer's agent shall be permitted to pay for
towing and storage charges by bank draft.
(h) A person who violates this section is civilly liable to a
registered or legal owner of the vehicle, or a registered owner's
insurer, for up to two times the amount charged. For any action
brought under this section, liability shall not exceed five hundred
dollars ($500) per vehicle.
(i) 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).
(j) This section does not relieve a person from the obligation to
comply with the provision of any other law.
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.