BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 2167 Hearing Date: 6/28/2016
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|Author: |Achadjian |
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|Version: |6/21/2016 |
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|Urgency: |No |Fiscal: |No |
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|Consultant|Manny Leon |
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SUBJECT: Vehicles: towed vehicles
DIGEST: This bill makes several changes to the required
information a business is to obtain from a tow truck operator.
Further provides clarification as to when a tow truck operator
is required to provide certain documentation, as specified.
ANALYSIS:
Existing law:
1) Requires 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, as specified.
2)Requires a business taking possession of a vehicle from a tow
truck to document the following information:
a)The name, address, and telephone number of the tow company
b)The name and driver's license 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
AB 2167 (Achadjian) Page 2 of ?
1)Requires a business to obtain the information from a towing
company the next day if the vehicle was dropped off after
standard business hours.
This bill:
1)Clarifies that during hours that a business is open to the
public, the business has the option of obtaining alternative
forms of a tow truck driver's identification in addition to a
driver's license number, such as the driver's identification
number issued by an auto club or other government authorized
unique identifier.
2)Provides that, if a tow truck operator refuses to provide any
information, a new motor vehicle dealer, as defined, is in
compliance if the dealer is able to document that reasonable
efforts were made to obtain the tow operator's information.
3)Provides that a business taking possession of a vehicle from a
tow truck operator when a business is closed to the public is
required to document the following information:
a) The make, model, and license plate or vehicle
identification number
b) The date and time that the business first observed the
vehicle on its property
c) That reasonable effort was made by the business to
contact the towing company, if identifying information was
left with the vehicle, and the following information is
provided with the vehicle:
i. The name, address, and telephone number of the
towing company
ii. The name and driver's license number, driver's
identification number issued by a motor club, as defined,
or other government-authorized unique identifier of the
tow truck operator
1)Provides clarification that a towing company or the owner or
operator of a tow truck that is summoned or allegedly summoned
to the scene by the owner of a disabled vehicle, motor club,
or law enforcement officer is required to document certain
AB 2167 (Achadjian) Page 3 of ?
information, as specified.
COMMENTS:
1)Purpose. The author introduced this bill to address
implementation concerns to a bill passed last year, AB 1222
(Bloom), which addressed the issue of bandit tow truck
drivers. According to the author, "AB 2167 increases
flexibility for businesses required to obtain tow truck
documentation requirements and addresses privacy issues for
tow truck drivers."
2)Bandit tow trucks: AB 1222 (Bloom, Chapter 309, Statutes of
2015) was introduced last year in response to concerns
involving bandit tow truck operators. Examples of illegal
towing practices include:
a) The tow operator not having authorization from the
property owner to tow the car
b) The fees to redeem the cars towed are excessive and
considerably above what the local municipalities approved
to charge
c) Towing even when there are no properly posted signs on
the property
d) Towing operators who do not accept a credit card
In many cases, bandit towers 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.
AB 2167 (Achadjian) Page 4 of ?
In response to a number of reports and concerns from local
entities, AB 1222 aimed to curb some of these illegal
practices. 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 misdemeanor,
punishable by a maximum fine of $2,500, a maximum of three
months in county jail, or both.
1)Implementation issues. The requirements specified in AB 1222
have created a number of implementation issues for local
businesses that are recipients of these towed vehicles as well
as privacy concerns from tow truck drivers being required to
provide personal information. For example, requiring a
business to obtain certain information on a towed vehicle and
towing company by the following day has created some
compliance issues for businesses that are not open during the
weekend. Additionally, tow truck drivers have raised concerns
about being required to provide personal information to
businesses and have stated their preference in having
alternative identification options in order to remain
compliant with existing law. This bill attempts to remedy a
number of these implementation issues by clarifying the
necessary documentation that is required to be collected by a
business during operating and non-operating hours, as well as
when a tow truck operator will be subject to meeting the
requirements as provided in AB 1222.
Related 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 truck by the next day.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local:
No
AB 2167 (Achadjian) Page 5 of ?
Assembly Votes:
Floor: 80-0
Trans: 15-0
POSITIONS: (Communicated to the committee before noon on
Wednesday,
June 15, 2016.)
SUPPORT:
California New Car Dealers Association (sponsor)
California Tow Truck Association
The United Coalition for Motor Club Safety
OPPOSITION:
None received
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