Amended in Assembly April 29, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1222

Introduced by Assembly Member Bloom

February 27, 2015

An act to amend begin delete Sections 21100, 21100.4, and end delete begin insert Section end insert 22513 of, and to add Section 22513.1 to, the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1222, as amended, Bloom. Tow trucks.

begin delete

Existing law authorizes local authorities to adopt rules and regulations by ordinance or resolution regarding various matters relating to traffic and highways, including licensing and regulating the operation of vehicles for hire and drivers of passenger vehicles for hire, and licensing and regulating the operation of tow truck service or tow truck drivers whose principal place of business or employment is within the jurisdiction of the local authority.

end delete begin delete

This bill would authorize local authorities to adopt rules and regulations by ordinance or resolution pertaining to licensing and regulating the operation of tow truck service or tow truck drivers operating within the jurisdiction of the local authority, as specified.

end delete begin delete

Existing law provides a procedure for the seizure and impoundment of a vehicle being operated as a taxicab or other passenger vehicle for hire in violation of licensing requirements adopted by a local authority.

end delete begin delete

This bill would extend those seizure and impoundment provisions to include a vehicle that is being operated as a tow truck in violation of licensing or permit requirements adopted by a local authority, as specified.

end delete begin delete

Existing

end delete

begin insert (1) end insert begin insert   end insert begin insert Existing end insert 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 begin delete would end delete begin insert would, subject to exceptions, end insert apply those provisions to a towing company. The bill would also begin delete require that in order to be exempt from the offense, end delete begin insert require, end insert in addition to being summoned to the scene, requested to stop, or flagged down by the owner or operator of a disabled begin delete vehicle end delete begin insert vehicle, that end insert the towing company or the owner or operator of the tow truck begin delete would be required to end delete possess specified information in writing prior to arriving at the scene, or obtain specified information begin delete upon arriving at end delete begin insert prior to leaving end insert 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.

begin delete

Existing

end delete

begin insert (2) end insert begin insert   end insert begin insert Existing end insert 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 begin insert recast, and subject to exceptions, end insert apply those provisions to a towing company. The bill would begin delete also require that, in addition to having end delete begin insert delete the requirement for end insert the express authorization of the owner or operator of the begin delete vehicle, end delete begin insert vehicle. The bill would require end insert the towing company or the owner or operator of the tow truck begin delete would be required end delete to obtain specified information and begin delete would be required end delete 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 begin delete would end delete begin insert would, subject to exceptions, and if the vehicle owner or operator is present, end insert also require the towing company or the owner or operator of the tow truck to furnish the vehicle’s owner or operator with begin delete the name, address, and telephone number of the towing company, the name of the towing operator, and other specified information, including end delete a written itemized estimate of all charges and services to be begin delete performed, an invoice describing the cost for all services, and the addresses from which the vehicle was towed and to which is delivered. end delete begin insert performed. end insert Prior to removing the vehicle, the towing company or the owner or operator of the tow truck would be required to obtain the vehicle owner or operator’s signature on the itemized estimate, and to furnish a copy to the person who signed the estimate, 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, the Bureau of Automotive Repair, a district attorney’s office, or a city attorney’s office.

begin insert

The bill would provide, except for those provisions described in paragraph (1) above, that a willful violation of these requirements is a misdemeanor punishable by a fine not exceeding $2,500, or imprisonment in a county jail not exceeding 3 months, or both imprisonment and that fine.

end insert

By begin delete expanding the scope of existing crimes, and imposing additional requirements on towing companies, owners and operators of tow trucks, and other entities, the violation of which would be offenses under existing law, end delete begin insert creating new crimes, end insert 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:

begin delete

SECTION 1.  

Section 21100 of the Vehicle Code is amended
to read:

21100.  

Local authorities may adopt rules and regulations by
ordinance or resolution regarding all of the following matters:

(a) Regulating or prohibiting processions or assemblages on the
highways.

(b) Licensing and regulating the operation of vehicles for hire
and drivers of passenger vehicles for hire.

(c) Regulating traffic by means of traffic officers.

(d) Regulating traffic by means of official traffic control devices
meeting the requirements of Section 21400.

(e) (1) Regulating traffic by means of a person given temporary
or permanent appointment for that duty by the local authority when
official traffic control devices are disabled or otherwise inoperable,
at the scenes of accidents or disasters, or at locations as may require
traffic direction for orderly traffic flow.

(2) A person shall not be appointed pursuant to this subdivision
unless and until the local authority has submitted to the
commissioner or to the chief law enforcement officer exercising
jurisdiction in the enforcement of traffic laws within the area in
which the person is to perform the duty, for review, a proposed
program of instruction for the training of a person for that duty,
and unless and until the commissioner or other chief law
enforcement officer approves the proposed program. The
commissioner or other chief law enforcement officer shall approve
a proposed program if he or she reasonably determines that the
program will provide sufficient training for persons assigned to
perform the duty described in this subdivision.

(f) Regulating traffic at the site of road or street construction or
maintenance by persons authorized for that duty by the local
authority.

(g) (1) Licensing and regulating the operation of tow truck
service or tow truck drivers operating within or whose principal
place of business or employment is within the jurisdiction of the
local authority, excepting the operation and operators of any auto
dismantlers’ tow vehicle licensed under Section 11505 or any tow
truck operated by a repossessing agency licensed under Chapter
11 (commencing with Section 7500) of Division 3 of the Business
and Professions Code and its registered employees.

(2) The Legislature finds that the safety and welfare of the
general public is promoted by permitting local authorities to
regulate tow truck service companies and operators by requiring
licensure, insurance, and proper training in the safe operation of
towing equipment, thereby ensuring against towing mistakes that
may lead to violent confrontation, stranding motorists in dangerous
situations, impeding the expedited vehicle recovery, and wasting
state and local law enforcement’s limited resources.

(3) This subdivision does not limit the authority of a city or city
and county pursuant to Section 12111.

(h) Operation of bicycles, and, as specified in Section 21114.5,
electric carts by physically disabled persons, or persons 50 years
of age or older, on public sidewalks.

(i) Providing for the appointment of nonstudent school crossing
guards for the protection of persons who are crossing a street or
highway in the vicinity of a school or while returning thereafter
to a place of safety.

(j) Regulating the methods of deposit of garbage and refuse in
streets and highways for collection by the local authority or by
any person authorized by the local authority.

(k) (1) Regulating cruising.

(2) The ordinance or resolution adopted pursuant to this
subdivision shall regulate cruising, which is the repetitive driving
of a motor vehicle past a traffic control point in traffic that is
congested at or near the traffic control point, as determined by the
ranking peace officer on duty within the affected area, within a
specified time period and after the vehicle operator has been given
an adequate written notice that further driving past the control
point will be a violation of the ordinance or resolution.

(3) A person is not in violation of an ordinance or resolution
adopted pursuant to this subdivision unless both of the following
apply:

(A) That person has been given the written notice on a previous
driving trip past the control point and then again passes the control
point in that same time interval.

(B) The beginning and end of the portion of the street subject
to cruising controls are clearly identified by signs that briefly and
clearly state the appropriate provisions of this subdivision and the
local ordinance or resolution on cruising.

(l) Regulating or authorizing the removal by peace officers of
vehicles unlawfully parked in a fire lane, as described in Section
22500.1, on private property. A removal pursuant to this
subdivision shall be consistent, to the extent possible, with the
procedures for removal and storage set forth in Chapter 10
(commencing with Section 22650).

(m) Regulating mobile billboard advertising displays, as defined
in Section 395.5, including the establishment of penalties, which
may include, but are not limited to, removal of the mobile billboard
advertising display, civil penalties, and misdemeanor criminal
penalties, for a violation of the ordinance or resolution. The
ordinance or resolution may establish a minimum distance that a
mobile billboard advertising display shall be moved after a
specified time period.

(n) Licensing and regulating the operation of pedicabs for hire,
as defined in Section 467.5, and operators of pedicabs for hire,
including requiring one or more of the following documents:

(1) A valid California driver’s license.

(2) Proof of successful completion of a bicycle safety training
course certified by the League of American Bicyclists or an
equivalent organization as determined by the local authority.

(3) A valid California identification card and proof of successful
completion of the written portion of the California driver’s license
examination administered by the department. The department shall
administer, without charging a fee, the original driver’s license
written examination on traffic laws and signs to a person who
states that he or she is, or intends to become, a pedicab operator,
and who holds a valid California identification card or has
successfully completed an application for a California identification
card. If the person achieves a passing score on the examination,
the department shall issue a certificate of successful completion
of the examination, bearing the person’s name and identification
card number. The certificate shall not serve in lieu of successful
completion of the required examination administered as part of
any subsequent application for a driver’s license. The department
is not required to enter the results of the examination into the
computerized record of the person’s identification card or otherwise
retain a record of the examination or results.

(o) (1) This section does not authorize a local authority to enact
or enforce an ordinance or resolution that establishes a violation
if a violation for the same or similar conduct is provided in this
code, nor does it authorize a local authority to enact or enforce an
ordinance or resolution that assesses a fine, penalty, assessment,
or fee for a violation if a fine, penalty, assessment, or fee for a
violation involving the same or similar conduct is provided in this
code.

(2) This section does not preclude a local authority from enacting
parking ordinances pursuant to existing authority in Chapter 9
(commencing with Section 22500).

(p) (1) Regulating advertising signs on motor vehicles parked
or left standing upon a public street. The ordinance or resolution
may establish a minimum distance that the advertising sign shall
be moved after a specified time period.

(2) Paragraph (1) does not apply to any of the following:

(A) Advertising signs that are permanently affixed to the body
of, an integral part of, or a fixture of a motor vehicle for permanent
decoration, identification, or display and that do not extend beyond
the overall length, width, or height of the vehicle.

(B) If the license plate frame is installed in compliance with
Section 5201, paper advertisements issued by a dealer contained
within that license plate frame or any advertisements on that license
plate frame.

(3) As used in paragraph (2), “permanently affixed” means any
of the following:

(A) Painted directly on the body of a motor vehicle.

(B) Applied as a decal on the body of a motor vehicle.

(C) Placed in a location on the body of a motor vehicle that was
specifically designed by a vehicle manufacturer as defined in
Section 672 and licensed pursuant to Section 11701, in compliance
with both state and federal law or guidelines, for the express
purpose of containing an advertising sign.

SEC. 2.  

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, or that a vehicle, described by vehicle type and
license number, is being operated as a tow truck in violation of
licensing or permit requirements adopted by a local authority
pursuant to 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, or local tow truck 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 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 for regular, nonemergency business.

(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.

(C) When the vehicle is a rental car.

(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) or (g) 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) An administrative cost 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 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 impoundment or any
agent of the registered owner in violation of this subdivision shall
be guilty of a misdemeanor and subject to a civil penalty in the
amount of two thousand dollars ($2,000).

(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 if the release complies with 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.

end delete

begin delete SEC. 3. end delete
begin insert SECTION 1. end insert   

Section 22513 of the Vehicle Code is amended
to read:

begin delete

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)

end delete

begin insert

begin insert 22513. end insert   

end insert

begin insert (a) end insert  (1) It is a misdemeanor for a towing company or
the owner or operator of a tow truck to stop begin insert or cause a person to
stop end insert 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, begin delete or end delete to furnish towing services, begin insert to move a
vehicle from a highway, street, or public property when the vehicle
has been left unattended or when there is an injury as the result
of an accident, or to accrue charges for services furnished under
those circumstances, end insert unless requested to perform that service by
a law enforcement officer or public agency pursuant to that
agency’s procedures, or unless summoned to the scene, requested
to stop, or flagged down by the owner or operator of a disabled
vehicle.

(2)  begin delete If requested or summoned to the scene, the end delete begin insert (A) end insert begin insert   end insert begin insert A end insert begin insert end insert towing
company or the owner or operator of a tow truck begin delete possesses end delete
begin insert summoned to the scene by the owner or operator of a disabled
vehicle shall possess end insert all of the following information in writing
prior to arriving at the scene:

begin delete

(A)

end delete

begin insert (i) end insert  The first and last name and working telephone number of
the person who summoned it to the scene.

begin delete

(B)

end delete

begin insert (ii) end insert  The make, model, year, and license plate number of the
disabled vehicle.

begin delete

(C)

end delete

begin insert (iii) end insert  The date and time it was summoned to the scene.

begin delete

(D)

end delete

begin insert (iv) end insert  The name of the person(s) who obtained the information in begin delete end delete
begin delete subparagraphs (A), (B), and (C). end delete begin insert clauses (i), (ii), and (iii) end insert begin insert . end insert

begin insert

(B) A towing company or the owner or operator of a tow truck
summoned to the scene by a motor club, as defined by Section
12142 of the Insurance Code, pursuant to the request of the owner
or operator of a disabled vehicle is exempt from the requirements
of subparagraph (A), provided it possesses all of the following
information in writing prior to arriving at the scene:

end insert begin insert

(i) The business name of the motor club.

end insert begin insert

(ii) The identification number the motor club assigns to the
referral.

end insert begin insert

(iii) The date and time it was summoned to the scene by the
motor club.

end insert

(3)  begin delete If requested to stop or flagged down at the scene, the end delete begin insert A end insert
towing company or the owner or operator of a tow truck begin delete shall
complete end delete begin insert requested to stop or flagged down at the scene by the
owner or operator of a disabled vehicle shall possess end insert all of the
following information in writing upon arriving at the scene:

(A) The first and last name and working telephone number of
the person who begin delete summoned it to the scene end delete begin insert requested the stop or
flagged it down end insert .

(B) The make, model, begin delete year, end delete and license plate begin delete number end delete begin insert number,
if one is displayed, end insert of the disabled vehicle.

(C) The date and time it was begin delete summoned to the scene end delete begin insert requested
to stop or flagged down end insert .

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

begin insert

(4) A towing company or the owner or operator of a tow truck
summoned or requested by a law enforcement officer or public
agency pursuant to that agency’s procedures 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, to furnish towing services, or that is expressly authorized
to move a vehicle from a highway, street, or public property when
the vehicle has been left unattended or when there is an injury as
the result of an accident, shall possess all of the following in
writing before leaving the scene:

end insert begin insert

(A) The identity of the law enforcement agency or public agency.

end insert begin insert

(B) The log number, call number, incident number, or dispatch
number assigned to the incident by law enforcement or the public
agency, or the surname and badge number of the law enforcement
officer, or the surname and employee identification number of the
public agency employee.

end insert begin insert

(C) The date and time of the summons, request, or express
authorization.

end insert begin delete

(4)

end delete

begin insert (b) end insert  The towing company or the owner or operator of a tow truck
shall make the written information described in begin delete this end delete subdivision
begin insert (a) end insert 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 begin delete party end delete begin insert party, and shall maintain that information for three
years. The towing company or owner or operator of a tow truck
shall make that information available for inspection and copying
within 48 hours of a written request from 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

(c) (1) It is a misdemeanor for a towing company or the owneror
operator of a tow truck to move a vehicle from a highway, street,
or public property when the vehicle has been left unattended or
when there is an injury as the result of an accident 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, and without obtaining the following, as applicable, in
writing:

end delete begin delete

(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 delete begin delete

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

end delete begin delete

(C) If the authorization is from law enforcement dispatch, the
surname and identification number of that dispatcher.

end delete begin delete

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

end delete begin delete

(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 delete begin delete

(d)

end delete

begin insert (c) end insert  (1) Prior to attaching a vehicle to the tow truck, begin insert end insert begin insert if the vehicle
owner or operator is present at the time and location of the
anticipated tow, end insert the towing company or the owner or operator of
the tow truck shall furnish the vehicle’s owner or operator with begin insert a
written itemized estimate of all charges and services to be
performed. The estimate shall include all of end insert the following:

begin delete

(A) A written itemized estimate of all charges and services to
be performed.

end delete begin delete

(B)

end delete

begin insert (A) end insert  The name, address, telephone number, and motor carrier
permit number of the towing company.

begin delete

(C)

end delete

begin insert (B) end insert  The license plate number of the tow truck performing the
tow.

begin delete

(D)

end delete

begin insert (C) end insert  The first and last name of the towing operator, and if
different than the towing operator, the first and last name of the
person from the towing company furnishing the estimate.

begin delete

(E)

end delete

begin insert (D) end insert  A description and cost for all services, including, but not
limited to, charges for labor, special equipment, mileage from
dispatch to begin delete return expressed as a per mile rate, end delete begin insert return, end insert and storage
fees, expressed as a 24-hour rate.

(2)  begin delete Prior to removing the vehicle, the end delete begin insert The end insert tow truck operator
shall obtain the vehicle owner or operator’s signature on the
itemized estimate and shall furnish a copy to the person who signed
the estimate.

begin delete

(3) 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 delete begin insert

(3) The requirements in paragraph (1) may be completed after
the vehicle is attached and removed to the nearest safe shoulder
or street if done at the request of law enforcement or a public
agency, provided the estimate is furnished prior to the removal of
the vehicle from the nearest safe shoulder or street.

end insert begin insert

(4) The towing company or the owner or operator of a tow truck
shall maintain the written documents described in this subdivision
for three years, and shall make them available for inspection and
copying within 48 hours of a written request from 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 insert

(5) This subdivision does not apply to a towing company or the
owner or operator of a tow truck summoned to the scene by a
motor club, as defined by Section 12142 of the Insurance Code,
pursuant to the request of the owner or operator of a disabled
vehicle.

end insert begin insert

(6) This subdivision does not apply to a towing company or the
owner or operator of a tow truck summoned to the scene by law
enforcement or public agency pursuant to that agency’s
procedures, and operating at the scene pursuant to a contract with
that law enforcement agency or public agency.

end insert

begin insert (d) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert A towing company or the owner or operator of a tow
truck shall not charge a fee for towing or storage, or both, of a
vehicle in excess of the greater of the following: end insert

begin insert

(A) The fee that 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 the vehicle was, or was attempted to be, removed, or if
not located within a city, the law enforcement agency that exercises
primary jurisdiction in the county in which the vehicle was, or was
attempted to be, removed.

end insert begin insert

(B) The fee that would have been charged for that towing or
storage, or both, under the rate approved for that towing operator
by the Department of the California Highway Patrol for the
jurisdiction from which the vehicle was, or was attempted to be,
removed.

end insert begin delete

(4)

end delete

begin insert (2) end insert  No charge shall be made in excess of the estimated price
without the prior begin delete written end delete consent of the vehicle owner or
operator. begin delete Written consent may be made in person or by electronic
mail or transmission. end delete

begin delete

(5)

end delete

begin insert (3) end insert  All services rendered by a tow company or tow truck
operator, including any warranty or zero cost services, shall be
recorded on an invoice, begin delete and shall include the business name,
address, telephone number, and motor carrier permit number, a
description and cost for all services, the addresses where the vehicle
was towed from and delivered to, and the name of the person
authorizing the tow. end delete begin insert as described in subdivision (e) of Section
22651.07 of the Vehicle Code. The towing company or the owner
or operator of a tow truck shall maintain the written documents
described in this subdivision for three years, and shall make the
documents available for inspection and copying within 48 hours
of a written request from 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

(6) Notwithstanding Section 3068 of the Civil Code, a tow
company or tow truck operator that fails to comply with the
provisions of this section shall not have a lien pursuant to Section
3068 of the Civil Code.

(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 delete begin insert

(e) A person who willfully violates subdivision (b), (c), or (d)
is guilty of a misdemeanor, punishable by a fine of not more than
two thousand five hundred dollars ($2,500), or by imprisonment
in a county jail for not more than three months, or by both that
fine and imprisonment.

end insert

(f) 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
that 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 that 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.

begin delete SEC. 4. end delete
begin insert SEC. 2. end insert   

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, the
Bureau of Automotive Repair, a district attorney’s office, or a city
attorney’s office.

begin insert

(c) A person who willfully violates this section is guilty of a
misdemeanor, and is punishable by a fine of not more than two
thousand five hundred dollars ($2,500), or by imprisonment in a
county jail for not more than three months, or by both that fine
and imprisonment.

end insert

begin delete SEC. 5. end delete
begin insert SEC. 3. end insert   

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.