BILL ANALYSIS                                                                                                                                                                                                    Ó






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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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          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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            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."







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          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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          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,  







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            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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