BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: SB 1394
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: Kehoe
VERSION: 3/24/10
Analysis by: Mark Stivers FISCAL: yes
Hearing date: April 6, 2010
SUBJECT:
Impoundment of illegally parked vehicles in emergency situations
DESCRIPTION:
This bill allows for the removal of vehicles in situations
additional to those in existing law.
ANALYSIS:
Under current law, it is unlawful for a peace officer or any
unauthorized person to remove (i.e., impound) an unattended
vehicle from a highway, including a local street or road, except
under specified conditions. The exceptions allow a peace
officer or a traffic or parking enforcement employee of a city,
county, or state agency (officer) to remove a vehicle within his
or her jurisdiction, among other things, when:
The vehicle is left unattended on a bridge or highway in a
position that obstructs traffic or creates a hazard;
The vehicle has been reported as stolen;
The vehicle is left standing for more than four hours on a
freeway or more than 72 hours on any other type of highway;
The vehicle is illegally parked in a manner that prevents
access to a fire hydrant and it is impractical to move the
vehicle to another location on the highway;
The vehicle is illegally parked in front of a private driveway
and it is impractical to move the vehicle to another location
on the highway;
The vehicle is illegally parked and displays no evidence of
registration or displays fraudulent registration.
The vehicle is illegally parked and blocks the movement of
another legally parked vehicle.
The vehicle is parked in violation of notices that have been
posted for at least 24 hours that the highway will be closed
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for construction or the movement of oversized loads;
The vehicle is parked for more than 24 hours within an area of
a common interest development in which no parking signs have
been posted;
The vehicle has five or more outstanding parking tickets;
The driver is incapacitated by physical injuries or illness;
and
The driver is arrested and taken into custody.
In general, the owner of the vehicle is liable for the costs of
the removal. Current law also requires the agency that ordered
the removal of the vehicle, however, to provide the vehicle's
registered and legal owners with the opportunity for a
post-storage hearing to determine the validity of the removal.
If the hearing determines that the agency did not have
reasonable grounds for ordering the removal, then the agency is
responsible for the costs incurred for towing and storage.
This bill allows an officer to remove an illegally parked
vehicle that blocks access to a public driveway or that prevents
access to the scene of an emergency by an authorized emergency
vehicle or equipment associated with an authorized emergency
vehicle, if it is impracticable to move the vehicle to another
location on the highway.
The bill also allows an officer to remove a vehicle when the
driver is incapacitated by cognitive impairment.
COMMENTS:
1.Purpose of the bill . According to the author, this bill is
needed to help facilitate safe driving conditions, to promote
the public welfare, and to give emergency responders the
flexibility to secure access to fire fighting or other
equipment. First responders to an emergency often include the
fire department, police department, and paramedics. In some
instances, responders to an emergency may include city utility
and maintenance crews. Except for the specific case of fire
hydrants, these emergency responders do not have the authority
to request removal of vehicles that illegally obstruct their
activities. This bill provides such authority because gaining
access to equipment and access to infrastructure needed to
address an emergency is critical to public health and welfare.
In addition, while the law is clear on addressing illegally
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parked cars on private driveways, the law does not address
cars parked illegally in public driveways. Vehicles blocking
public driveways also pose a risk to public safety and welfare
and should be included in statute.
Lastly, the bill adds cognitive impairment to the list of
incapacitating conditions for which a peace officer can remove
a vehicle.
2.Illegal parking only . With the exception of the language
relating to drivers incapacitated by cognitive impairment,
this bill allows only for the impoundment of illegally parked
vehicles, not those that may be in the way of emergency crews
but are legally parked.
3.Higher consequences . The standard penalty for illegal parking
is a citation and fine. Impoundment of a vehicle is much more
costly and time-consuming to the driver. As a result, this
bill indirectly increases the consequences of illegal parking,
but only in those instances in which the vehicle blocks a
public driveway or is in the way of emergency crews responding
to an emergency.
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
March 31, 2010)
SUPPORT: California Public Parking Association
OPPOSED: None received.