BILL ANALYSIS Ó
AB 2167
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CONCURRENCE IN SENATE AMENDMENTS
AB
2167 (Achadjian)
As Amended June 21, 2016
Majority vote
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|ASSEMBLY: |80-0 |(June 1, 2016) |SENATE: | 37-0 |(August 11, |
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Original Committee Reference: TRANS.
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;
provides that a 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.
The Senate amendments:
1)Protect new motor vehicle dealers from tow truck operators
that refuse to provide the required contact information by
specifically providing that the dealer is deemed compliant
with the data recordation requirements if it documents the
reasonable efforts made to obtain the information.
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2)Set forth slightly different procedures that businesses must
follow to record the required data depending on whether the
tow is dropped off during regular business hours or
non-business hours.
3)Make other technical amendments.
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.
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 is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: The author introduced this bill 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.
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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. This bill addresses
this problem by allowing the business to obtain the information
the next business day.
Furthermore, this bill 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 misdemeanor, punishable by a maximum fine of $2,500,
a maximum of three months in county jail, or both.
This bill 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.
Analysis Prepared by:
Janet Dawson / TRANS. / (916) 319-2093 FN:
AB 2167
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