BILL ANALYSIS Ó
AB 1222
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
1222 (Bloom)
As Amended June 23, 2015
Majority vote
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|ASSEMBLY: |74-0 |(May 22, 2015) |SENATE: |38-0 |(August 20, |
| | | | | |2015) |
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Original Committee Reference: TRANS.
SUMMARY: Adds provisions to curb "bandit towing" practices.
The Senate amendments:
1)Conform provisions related to towing and storage fee rate
setting with federal requirements.
2)Clarify that the requirement to provide information in
"writing" includes electronic records.
3)Make related, clarifying amendments.
AS PASSED BY THE ASSEMBLY, this bill:
AB 1222
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1)Required that tow operators maintain specified documentation
that they were summoned to the scene or flagged down to the
scene of an accident or disabled vehicle and that they provide
that documentation to law enforcement or specified
investigating entities, upon request.
2)Required tow operators to provide vehicle owners or operators,
if present at the scene, a detailed estimate of charges and
services to be performed before the tow operator attaches the
vehicle to the tow truck, or, if the vehicle needs to be moved
to clear the roadway, immediately after the vehicle is moved
to a safe shoulder. Tow operators summoned to the scene by a
motor club and tow operators operating under a contract with
law enforcement are exempted from this provision.
3)Required businesses taking possession of a towed vehicle to
maintain specified documentation from the tow operator and
that they provide that documentation to law enforcement or
specified investigating entities, upon request.
4)Capped towing and storage fees at rates permitted by law
enforcement.
5)Required tow operators to maintain copies of estimates,
charging invoices, and proof of summons to the scene for a
minimum of three years and requires that they make the
information available to law enforcement and investigating
agencies, upon request.
6)Established misdemeanor penalties, including 90 days in jail
and/or a $2,500 fine, for tow operators that willfully violate
these provisions.
7)Made related, clarifying amendments.
AB 1222
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FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: "Bandit towing," or predatory towing as it is
sometimes called, involves unauthorized towing of a vehicle.
Bandit towing can include unauthorized removal of parked cars.
It can also include towing a vehicle from the scene of an
accident when the tow operator was not legally authorized to be
at the scene. When a vehicle is towed by a bandit tower, a
variety of scenarios can play out. For example, in some
instances, bandits charge excessive towing fees or take a car to
a vehicle storage facility and hold it for a prolonged period of
time and then charge excessive storage fees when the owner comes
to retrieve the vehicle. In other instances, bandit towers will
take a vehicle to an unscrupulous auto shop, where costly and
sometimes unnecessary repairs are performed.
Nearly a decade ago there was a growing problem with bandit
towing that involved the removal of legitimately parked cars.
In these cases, a tower would remove the parked car, take it to
a storage lot, and then charge inflated towing and storage fees.
To address the problem, AB 2210 (Goldberg), Chapter 609,
Statutes of 2006, required written approval before the tow
operator could remove a parked car. If the tow was on private
property, the written approval had to come from the property
owner and, if on public property, the written approval was
required to be from law enforcement or a public agency. AB
2210, among other things, also required tow operators to
maintain California Highway Patrol (CHP)-approved rates, vehicle
storage facilities release towed vehicles after normal business
hours, and set specified storage rate fees. According to the
Los Angeles City Attorney's office, the sponsor of this bill,
after AB 2210 took effect, incidences of predatory towing
dropped dramatically in the Los Angeles area. It is believed,
however, that many of these unscrupulous tow operators simply
moved their operations "to the streets" and began illicitly
towing disabled vehicles or vehicles involved in accidents.
AB 1222
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Generally, existing law makes it illegal for a tow operator to
approach a disabled vehicle or arrive on the scene of an
accident to provide tow services unless they are specifically
summoned by law enforcement or called to the scene (or flagged
down) by the vehicle's owner or operator. Many bandit towers,
however, are known to monitor police radio frequencies to
determine where an accident has occurred or where a disabled
vehicle is stopped and then arrive on the scene to offer
assistance. If asked, bandit towers typically convey to the
vehicle operator that they were dispatched by law enforcement, a
motor club, or an insurance company. If asked by law
enforcement, bandit towers will typically relay that they were
flagged down or otherwise summoned by the vehicle's operator.
Because there is no requirement for documentation of how the
tower was summoned to the scene, it is difficult to refute their
claims or prosecute them.
The author has introduced this bill in an effort to curb of
predatory towing practices which, the sponsor indicates, is a
growing problem in the Los Angeles area. Specifically, the
sponsor notes that in a little over a year, 586 incidences of
bandit towing were reported in California with most occurring in
the Los Angeles area. Because many do not even realize they are
involved in a scam, it is believed that the actual instances of
bandit towing is far greater than the statistics indicate.
The author worked closely with the California Tow Truck
Association (CTTA) and other stakeholders to craft workable data
collection requirements. This bill also requires tow companies
to present vehicle operators with a detailed estimate of
charges, limits the towing and storage fees, requires businesses
taking possession of a towed vehicle to document the
transaction, and provides misdemeanor penalties for willfully
violating these requirements. Given that documentation
procedures set forth in AB 2210 were successful, it is likely
that this bill will help curb bandit towing practices and give
law enforcement and prosecuting entities an adequate "paper
trail" to follow up on and, if necessary, prosecute bandit
towers.
AB 1222
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Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by:
Victoria Alvarez / TRANS. / (916) 319-2093 FN:
0001334