BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2167|
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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.
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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
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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.
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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
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