Amended in Senate June 21, 2016

Amended in Assembly April 12, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2167

Introduced by Assembly Member Achadjian

February 17, 2016

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

LEGISLATIVE COUNSEL’S DIGEST

AB 2167, as amended, Achadjian. Vehicles: towed vehicles.

Existing law requires a business taking possession of a vehicle from a tow truck to document specified information, including the make, model, and license plate or begin delete Vehicle Identification end delete begin insert vehicle identification end insert number of the vehicle. Existing law requires a business taking possession of a vehicle to obtain the specified information from the towing company the next day if the vehicle was dropped off after hours. Existing law requires the information to be maintained for 3 years and to be made available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, a 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. A willful violation of these requirements is a misdemeanor, as specified.

begin delete

This bill would instead require a business to obtain the specified information described above from the towing company on the next business day if a vehicle was dropped off after hours. The bill would also authorize a business taking possession of a vehicle from a tow truck to document the tow truck driver’s identification number, as specified, or another government authorized unique identifier of the tow truck operator.

end delete begin insert

This bill would specify that a business is required to document the specified information described above when it takes possession of a vehicle from a tow truck during hours the business is open to the public and would also authorize the business to document the tow truck driver’s identification number, as specified, or another government authorized unique identifier of the tow truck operator. The bill would require a business taking possession of a vehicle from a tow truck when the business is closed to the public to document the make, model, and license plate or vehicle identification number of the vehicle and the date and time that the business first observed the vehicle on its property. A business taking possession of a vehicle from a tow truck when the business is closed to the public would also be required to make reasonable efforts to contact the towing company and the vehicle’s owner or operator to document specified information from the towing company. The bill would delete the requirement that a business taking possession of a vehicle from a tow truck when the business is closed obtain specified information from the towing company by the next day.

end insert begin insert

Existing law makes it a misdemeanor for a towing company or the owner or operator of a tow truck to stop or cause a person to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, to furnish towing services, to move a vehicle 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, unless requested or summoned to perform that service. Existing law requires a towing company or the owner or operator of a tow truck to possess specified information in writing about the disabled vehicle. Existing law requires the information to be maintained for 3 years and to be made available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, a 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

This bill would require a towing company or the owner or operator of a tow truck to possess specified information in writing about the disabled vehicle and to maintain that information, as specified when it alleges it was requested or summoned to the scene.

end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 22513 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

22513.  

(a) (1) It is a misdemeanor for a towing company or
the owner or operator of a tow truck to stop or cause a person 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, 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, 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 or requested to stop
by the owner or operator of a disabled vehicle.

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

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

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

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

(iv) The name of the person who obtained the information in
clauses (i), (ii), and (iii).

(B) A towing company or the owner or operator of a tow truck
begin delete summoned end delete begin insert summoned, or alleging it was summoned, end insert 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:

(i) The business name of the motor club.

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

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

(3) A towing company or the owner or operator of a tow truck
begin delete requested end delete begin insert requested, or alleging it was requested, end insert to stop at the
scene by the owner or operator of a disabled vehicle shall possess
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 requested the stop.

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

(C) The date and time it was requested to stop.

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

(4) A towing company or the owner or operator of a tow truck
summoned or begin delete requested end delete begin insert requested, or alleging it was summoned
or requested, end insert 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:

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

(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.

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

(5) For purposes of this section, “writing” includes electronic
records.

(b) The towing company or the owner or operator of a tow truck
shall make the written information described in subdivision (a)
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, 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.

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

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

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

(C) 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.

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

(2) The 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.

(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.

(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.

(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.

(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 a 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.

(d) (1) Except as provided in paragraph (2), 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:

(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.

(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.

(2) Paragraph (1) does not apply to the towing or transportation
of a vehicle or temporary storage of a vehicle in transit, if the
towing or transportation is performed with the prior consent of the
owner or operator of the vehicle.

(3) No charge shall be made in excess of the estimated price
without the prior consent of the vehicle owner or operator.

(4) All services rendered by a tow company or tow truck
operator, including any warranty or zero cost services, shall be
recorded on an invoice, as described in subdivision (e) of Section
22651.07. 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.

(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.

(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 SECTION 1. end delete

begin insert SEC. 2. end insert   

Section 22513.1 of the Vehicle Code is amended to
read:

22513.1.  

(a) (1) A business taking possession of a vehicle
from a tow truck begin insert during hours the business is open to the public end insert
shall document all of the following:

(A) The name, address, and telephone number of the towing
company.

(B) The name and driver’s license number, driver’s identification
number issued by a motor club, as defined begin delete by end delete begin insert in end insert Section 12142 of
the Insurance Code, or other government authorized unique
identifier of the tow truck operator.

(C) The make, model, and license plate or Vehicle Identification
Number.

(D) The date and time that possession was taken of the vehicle.

begin delete

(2) If the vehicle was dropped off after hours, the business shall
obtain the information from the towing company on the next
business day.

end delete begin insert

(2) For purposes of subparagraph (B) of paragraph (1), if a
tow truck operator refuses to provide information described in
subparagraph (B) of paragraph (1) to a new motor vehicle dealer,
as defined in Section 426, a new motor vehicle dealer is in
compliance with this section if the new motor vehicle dealer
documents the reasonable efforts made to obtain this information
from the tow truck operator.

end insert begin insert

(b) A business taking possession of a vehicle from a tow truck
when the business is closed to the public shall document all of the
following:

end insert begin insert

(1) The make, model, and license plate or vehicle identification
number.

end insert begin insert

(2) The date and time that the business first observed the vehicle
on its property.

end insert begin insert

(3) The reasonable effort made by the business to contact the
towing company, if identifying information was left with the vehicle,
and the vehicle’s owner or operator to obtain and document both
of the following:

end insert begin insert

(A) The name, address, and telephone number of the towing
company.

end insert begin insert

(B) The name and driver’s license number, driver’s
identification number issued by a motor club, as defined in Section
12142 of the Insurance Code, or other government authorized
unique identifier of the tow truck operator.

end insert begin delete

(b)

end delete

begin insert (c) end insert  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, a 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

(d) For purposes of this section, a new motor vehicle dealer, as
defined in Section 426, is not open to the public during hours its
repair shop is closed to the public.

end insert begin delete

(c)

end delete

begin insert (e) end insert  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.