BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1394|
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THIRD READING
Bill No: SB 1394
Author: Kehoe (D)
Amended: 4/13/10
Vote: 21
SENATE TRANSPORTATION & HOUSING COMM : 7-0, 4/6/10
AYES: Lowenthal, Huff, DeSaulnier, Kehoe, Oropeza, Pavley,
Simitian
NO VOTE RECORDED: Ashburn, Harman
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Impoundment of illegally parked vehicles in
emergency
situations
SOURCE : Author
DIGEST : 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.
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.
CONTINUED
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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:
1. The vehicle is left unattended on a bridge or highway in
a position that obstructs traffic or creates a hazard;
2. The vehicle has been reported as stolen;
3. The vehicle is left standing for more than four hours on
a freeway or more than 72 hours on any other type of
highway;
4. 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;
5. 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;
6. The vehicle is illegally parked and displays no evidence
of registration or displays fraudulent registration.
7. The vehicle is illegally parked and blocks the movement
of another legally parked vehicle.
8. The vehicle is parked in violation of notices that have
been posted for at least 24 hours that the highway will
be closed for construction or the movement of oversized
loads;
9. 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;
10.The vehicle has five or more outstanding parking
tickets;
11.The driver is incapacitated by physical injuries or
illness; and
12.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.
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/26/10)
California Public Parking Association
Association for Los Angeles Deputy Sheriffs
Orange County Professional Firefighters Association
Riverside Sheriffs Association
ARGUMENTS IN SUPPORT : According to the author's office,
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
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.
JJA:nl 4/26/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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