BILL ANALYSIS Ó
AB 2167
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Date of Hearing: April 18, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 2167
(Achadjian) - As Amended April 12, 2016
SUBJECT: Vehicles: towed vehicles
SUMMARY: Clarifies that businesses taking possession of a towed
vehicle must obtain specific information regarding the vehicle
and the tow by the next business day, rather than the next day,
and provides that the business has the option of obtaining
alternative forms of a tow truck driver's identification in
addition to a driver's license number, to include the driver's
identification number issued by an auto club or other government
authorized-unique identifier.
EXISTING LAW: Requires a business taking possession of a
vehicle from a tow truck to document:
1)The name, address, and telephone number of the tow company;
2)The name and driver's license of the tow truck operator;
3)The make, model, and license plate or vehicle identification
number; and,
4)The date and time that possession was taken of the vehicle.
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If the vehicle was dropped off after hours, the business is
required to obtain the information from the towing company the
next day.
FISCAL EFFECT: Unknown, this bill was keyed non-fiscal by the
Legislative Counsel.
COMMENTS: The author introduced AB 2167 to address
implementation issues regarding requirements imposed upon
businesses when taking possession of a vehicle from a tow truck
driver. Specifically, existing law, as enacted by AB 1222
(Bloom), Chapter 309, Statutes of 2015, requires a business to
obtain the specified information from the towing company the
next day after the vehicle was dropped off after hours.
However, not all businesses accepting tows are open seven days a
week, thus making a business out of compliance for not
contacting the towing company the next day. AB 2167 addresses
this problem by allowing the business to obtain the information
the next business day.
Furthermore, AB 2167 provides for businesses receiving tows to
collect alternative forms of a tow truck driver's
identification, in response to privacy concerns that have arisen
with having to provide personal information associated with a
driver's license. Alternative forms provided for in this bill
include identification numbers issued, for example, by local
government and auto clubs.
AB 1222 was introduced and signed into law last year in
response to concerns involving bandit tow truck operators.
Among other provisions, AB 1222 requires a business taking
possession of a vehicle from a tow truck to make written
information available to law enforcement or the Bureau of
Automotive Repair within 48 hours of a request, and to
maintain this information for three years. A business that
willfully violates this provision is guilty of a
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misdemeanor, punishable by a maximum fine of $2,500, a
maximum of three months in county jail, or both.
AB 2167 is sponsored by the California New Car Dealer
Association (CNCDA). Apparently, new car dealers are concerned
about willfully violating provisions of AB 1222 when they close
their service departments on Sundays and do not check for
overnight tows until the following business day. For this
reason, CNCDA is seeking an amendment to modify the requirement
to obtain the information to the next business day, not the next
day. Furthermore, enabling a tow truck operator to offer
alternative forms of identification will address concerns for
privacy without jeopardizing the integrity of the paper trail
established in AB 1222.
Previous legislation: AB 1222 (Bloom), Chapter 309, Statutes of
2015, added provisions to curb illegal towing, including the
provision that a business obtain specific information regarding
the vehicle and the tow by the next business day.
REGISTERED SUPPORT / OPPOSITION:
Support
California New Car Dealers Association (Sponsor)
Automotive Service Councils of California
California Autobody Association
AB 2167
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California Automotive Business Coalition
California Tow Truck Association
The United Coalition for Motor Club Safety
Opposition
None on file
Analysis Prepared by:Janet Dawson / TRANS. / (916) 319-2093