BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2167| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 2167 Author: Achadjian (R) Amended: 6/21/16 in Senate Vote: 21 SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/28/16 AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski ASSEMBLY FLOOR: 80-0, 6/1/16 - See last page for vote SUBJECT: Vehicles: towed vehicles SOURCE: California New Car Dealers Association DIGEST: This bill makes several changes to the required information a business is to obtain from a tow truck operator. This bill 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. AB 2167 Page 2 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. 3)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 AB 2167 Page 3 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. 4)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 information, as specified. Comments 1)Purpose. The author introduced this bill to address implementation concerns to a bill passed last year, AB 1222 (Bloom, Chapter 309, Statutes of 2015), 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." AB 2167 Page 4 2)Bandit tow truck. AB 1222 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. 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. AB 2167 Page 5 3)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. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified7/7/16) California New Car Dealers Association (source) California Tow Truck Association Los Angeles City Attorney Mike Feuer The United Coalition for Motor Club Safety OPPOSITION: (Verified7/7/16) None received ASSEMBLY FLOOR: 80-0, 6/1/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, AB 2167 Page 6 Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon Prepared by:Manny Leon / T. & H. / (916) 651-4121 7/29/16 10:43:30 **** END ****