California Legislature—2015–16 Regular Session

Assembly Bill No. 1222

Introduced by Assembly Member Bloom

February 27, 2015

An act to amend Section 22513 of, and to add Section 22513.1 to, the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1222, as introduced, Bloom. Tow trucks.

Existing law makes it a misdemeanor for the owner or operator of a tow truck to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, or to furnish any towing services, unless summoned to the scene, requested to stop, or flagged down by the owner or operator of a disabled vehicle, or requested to perform the service by a law enforcement officer or public agency pursuant to that agency’s procedures.

This bill would apply those provisions to a towing company. The bill would also require that in order to be exempt from the offense, in addition to being summoned to the scene, requested to stop, or flagged down by the owner or operator of a disabled vehicle the towing company or the owner or operator of the tow truck would be required to possess specified information in writing prior to arriving at the scene, and would require that information to be made available to law enforcement, upon request, from the time the tow truck appears at the scene until the time the vehicle is towed and released to a third party.

Existing law also makes it a misdemeanor for the owner or operator of a tow truck to move any vehicle from a highway, street, or public property without the express authorization of the owner or operator of the vehicle or a law enforcement officer or public agency pursuant to that agency’s procedures, when the vehicle has been left unattended or when there is an injury as the result of an accident.

This bill would apply those provisions to a towing company. The bill would also require that, in addition to having the express authorization of the owner or operator of the vehicle, the towing company or the owner or operator of the tow truck would be required to obtain specified information and would be required to make that information available to law enforcement, upon request, from the time the vehicle is attached to or loaded on to the tow until the time the vehicle is towed and released to a third party.

The bill would also require the towing company or the owner or operator of the tow truck to furnish the vehicle’s owner or operator with the name, address, and telephone number of the towing company, the name of the towing operator, and a copy of the itemized statement for all charges for services to be performed, including a description of labor and special equipment to be used, if applicable. Prior to removing the vehicle, the towing company or the owner or operator of the two truck shall obtain the vehicle owner or operator’s signature on the itemized statement and shall furnish a copy to the person who signed the statement, as specified.

The bill would require a towing company or the owner or operator of a tow truck to maintain specified documents for 3 years and to make those documents available for inspection and copying within 48 hours of a written request by specified law enforcement and prosecutorial entities. The bill would also require a business taking possession of a vehicle from a tow truck to document specified information, to maintain those documents for 3 years, and to make those documents available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office.

By expanding the scope of existing crimes, and imposing additional requirements on towing companies and owners and operators of tow trucks, and other entities, the violation of which would be offenses under existing law, this bill would impose a state-mandated local program.

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 22513 of the Vehicle Code is amended
to read:

22513.  

(a) Except as provided in subdivision (b) or (c), the
owner or operator of a tow truck who complies with the
requirements of this code relating to tow trucks may stop or park
the tow truck upon a highway for the purpose of rendering
assistance to a disabled vehicle.

(b)  begin insert (1) end insert begin insert   end insert It is a misdemeanor for begin insert a towing company or end insert the owner
or operator of a tow truck to stop at the scene of an accident or
near a disabled vehicle for the purpose of soliciting an engagement
for towing services, either directly or indirectly, or to furnish begin delete any end delete
towing services, unless begin insert requested to perform that service by a law
enforcement officer or public agency pursuant to that agency’s
procedures, or unless end insert summoned to the scene, requested to stop,
or flagged down by the owner or operator of a disabled vehicle begin delete or
requested to perform the service by a law enforcement officer or
public agency pursuant to that agency’s procedures. end delete begin insert and the towing
company or the owner or operator of a tow truck possesses all of
the following information in writing prior to arriving at the scene: end insert

begin insert

(A) The first and last name and working telephone number of
the person who summoned it to the scene.

end insert begin insert

(B) The make, model, year, and license plate number of the
disabled vehicle.

end insert begin insert

(C) The date and time it was summoned to the scene.

end insert begin insert

(D) The name of the person(s) who obtained the information in
subparagraphs (A), (B), and (C).

end insert begin insert

(2) The towing company or the owner or operator of a tow truck
shall make the written information described in this subdivision
available to law enforcement, upon request, from the time it
appears at the scene until the time the vehicle is towed and released
to a third party.

end insert

(c)  begin insert (1) end insert begin insert   end insert It is a misdemeanor for begin insert a towing company or end insert the owner
or operator of a tow truck to move begin delete any end delete begin insert a end insert vehicle from a highway,
street, or public property begin insert when the vehicle has been left unattended
or when there is an injury as the result of an accident end insert without the
express authorization of the owner or operator of the vehicle or a
law enforcement officer or public agency pursuant to that agency’s
procedures, begin delete when the vehicle has been left unattended or when
there is an injury as the result of an accident. end delete begin insert end insert begin insert and without obtaining
the following, as applicable, in writing: end insert

begin insert

(A) If the authorization is from the vehicle owner or operator,
the first and last name, address, and working telephone number
of the person who gave the authorization.

end insert begin insert

(B) If the authorization is from law enforcement, the surname
and badge number of that law enforcement officer.

end insert begin insert

(C) If the authorization is from a public agency pursuant to that
agency’s procedures, the name of the agency and the first name,
last name, and identification number of the public agency
employee.

end insert begin insert

(2) The towing company or the owner or operator of a tow truck
shall make the written information described in this subdivision
available to law enforcement, upon request, from the time the
vehicle is attached to or loaded on to the tow truck until the time
the vehicle is towed and released to a third party.

end insert begin insert

(d) (1) Prior to attaching a vehicle to the tow truck, the towing
company or the owner or operator of the tow truck shall furnish
the vehicle’s owner or operator with the name, address, and
telephone number of the towing company, the name of the towing
operator, and a copy of the itemized statement for all charges for
services to be performed, including a description of labor and
special equipment to be used, if applicable. Prior to removing the
vehicle, the tow truck operator shall obtain the vehicle owner or
operator’s signature on the itemized statement and shall furnish
a copy to the person who signed the statement.

end insert begin insert

(2) If neither the vehicle owner nor the operator is present at
the time and location of the tow, the towing company or owner or
operator of a tow truck shall send a copy of the itemized invoice
by registered mail within one business day of the tow to the address
where the vehicle is registered.

end insert begin insert

(e) A towing company or owner or operator of a tow truck shall
maintain the written documents described in subdivisions (b), (c),
and (d) for three years and shall make those documents available
for inspection and copying within 48 hours of a written request
by any officer or agent of a police department, sheriff’s department,
the Department of the California Highway Patrol, the Attorney
General’s office, a district attorney’s office, or a city attorney’s
office.

end insert begin delete

(d)

end delete

begin insert (f) end insert  This section shall not apply to the following:

(1) A vehicle owned or operated by, or under contract to, a
motor club, as defined by Section 12142 of the Insurance Code,
which stops to provide services for which compensation is neither
requested nor received, provided that those services may not
include towing other than that which may be necessary to remove
the vehicle to the nearest safe shoulder. The owner or operator of
begin delete such a end delete begin insert that end insert vehicle may contact a law enforcement agency or other
public agency on behalf of a motorist, but may not refer a motorist
to a tow truck owner or operator, unless the motorist is a member
of the motor club, the motorist is referred to a tow truck owner or
operator under contract to the motor club, and, if there is a dispatch
facility begin delete which end delete begin insert that end insert services the area and is owned or operated by
the motor club, the referral is made through that dispatch facility.

(2) A tow truck operator employed by a law enforcement agency
or other public agency.

(3) A tow truck owner or operator acting under contract with a
law enforcement or other public agency to abate abandoned
vehicles, or to provide towing service or emergency road service
to motorists while involved in freeway service patrol operations,
to the extent authorized by law.

SEC. 2.  

Section 22513.1 is added to the Vehicle Code, to read:

22513.1.  

(a) A business taking possession of a vehicle from
a tow truck shall document the name, address, and telephone
number of the towing company, the name and driver’s license
number of the tow truck operator, the make, model, and license
plate or Vehicle Identification Number, and the date and time that
possession was taken of the vehicle. If the vehicle was dropped
off afterhours, the business shall obtain the information from the
towing company the next day.

(b) The information required in this section shall be maintained
for three years and shall be available for inspection and copying
within 48 hours of a written request by any officer or agent of a
police department, sheriff’s department, the Department of the
California Highway Patrol, the Attorney General’s office, a district
attorney’s office, or a city attorney’s office.

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.