Bill Text: CA AB1222 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Tow trucks.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-09-21 - Chaptered by Secretary of State - Chapter 309, Statutes of 2015. [AB1222 Detail]
Download: California-2015-AB1222-Amended.html
Bill Title: Tow trucks.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-09-21 - Chaptered by Secretary of State - Chapter 309, Statutes of 2015. [AB1222 Detail]
Download: California-2015-AB1222-Amended.html
BILL NUMBER: AB 1222 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 6, 2015
INTRODUCED BY Assembly Member Bloom
FEBRUARY 27, 2015
An act to amend Section Sections 21100,
21100.4, and 22513 of, and to add Section 22513.1 to, the
Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1222, as amended, Bloom. Tow trucks.
Existing law authorizes local authorities to adopt rules and
regulations by ordinance or resolution regarding various matters
relating to traffic and highways, including licensing and regulating
the operation of vehicles for hire and drivers of passenger vehicles
for hire, and licensing and regulating the operation of tow truck
service or tow truck drivers whose principal place of business or
employment is within the jurisdiction of the local authority.
This bill would authorize local authorities to adopt rules and
regulations by ordinance or resolution pertaining to licensing and
regulating the operation of tow truck service or tow truck drivers
operating within the jurisdiction of the local authority, as
specified.
Existing law provides a procedure for the seizure and impoundment
of a vehicle being operated as a taxicab or other passenger vehicle
for hire in violation of licensing requirements adopted by a local
authority.
This bill would extend those seizure and impoundment provisions to
include a vehicle that is being operated as a tow truck in violation
of licensing or permit requirements adopted by a local authority, as
specified.
Existing law makes it a misdemeanor for the owner or operator of a
tow truck to stop at the scene of an accident or near a disabled
vehicle for the purpose of soliciting an engagement for towing
services, either directly or indirectly, or to furnish any towing
services, unless summoned to the scene, requested to stop, or flagged
down by the owner or operator of a disabled vehicle, or requested to
perform the service by a law enforcement officer or public agency
pursuant to that agency's procedures.
This bill would apply those provisions to a towing company. The
bill would also require that in order to be exempt from the offense,
in addition to being summoned to the scene, requested to stop, or
flagged down by the owner or operator of a disabled vehicle the
towing company or the owner or operator of the tow truck would be
required to possess specified information in writing prior to
arriving at the scene , or obtain specified information upon
arriving at the scene , and would require that information to
be made available to law enforcement, upon request, from the time the
tow truck appears at the scene until the time the vehicle is towed
and released to a third party.
Existing law also makes it a misdemeanor for the owner or operator
of a tow truck to move any vehicle from a highway, street, or public
property without the express authorization of the owner or operator
of the vehicle or a law enforcement officer or public agency pursuant
to that agency's procedures, when the vehicle has been left
unattended or when there is an injury as the result of an accident.
This bill would apply those provisions to a towing company. The
bill would also require that, in addition to having the express
authorization of the owner or operator of the vehicle, the towing
company or the owner or operator of the tow truck would be required
to obtain specified information and would be required to make that
information available to law enforcement, upon request, from the time
the vehicle is attached to or loaded on to the tow until the time
the vehicle is towed and released to a third party.
The bill would also require the towing company or the owner or
operator of the tow truck to furnish the vehicle's owner or operator
with the name, address, and telephone number of the towing company,
the name of the towing operator, and a copy of the itemized
statement for all charges for services to be performed, including a
description of labor and special equipment to be used, if applicable
other specified information, including a written
itemized estimate of all charges and services to be performed, an
invoice describing the cost for all services, and the addresses from
which the vehicle was towed and to which is delivered . Prior
to removing the vehicle, the towing company or the owner or operator
of the two tow truck shall
would be required to obtain the vehicle owner or
operator's signature on the itemized statement
estimate, and shall to
furnish a copy to the person who signed the statement
estimate , as specified.
The bill would require a towing company or the owner or operator
of a tow truck to maintain specified documents for 3 years and to
make those documents available for inspection and copying within 48
hours of a written request by specified law enforcement and
prosecutorial entities. The bill would also require a business taking
possession of a vehicle from a tow truck to document specified
information, to maintain those documents for 3 years, and to make
those documents available for inspection and copying within 48 hours
of a written request by any officer or agent of a police department,
sheriff's department, the Department of the California Highway
Patrol, the Attorney General's office, the Bureau of Automotive
Repair, a district attorney's office, or a city attorney's
office.
By expanding the scope of existing crimes, and imposing additional
requirements on towing companies and ,
owners and operators of tow trucks, and other entities, the
violation of which would be offenses under existing law, this bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21100 of the Vehicle
Code is amended to read:
21100. Local authorities may adopt rules and regulations by
ordinance or resolution regarding all of the following matters:
(a) Regulating or prohibiting processions or assemblages on the
highways.
(b) Licensing and regulating the operation of vehicles for hire
and drivers of passenger vehicles for hire.
(c) Regulating traffic by means of traffic officers.
(d) Regulating traffic by means of official traffic control
devices meeting the requirements of Section 21400.
(e) (1) Regulating traffic by means of a person given temporary or
permanent appointment for that duty by the local authority when
official traffic control devices are disabled or otherwise
inoperable, at the scenes of accidents or disasters, or at locations
as may require traffic direction for orderly traffic flow.
(2) A person shall not be appointed pursuant to this subdivision
unless and until the local authority has submitted to the
commissioner or to the chief law enforcement officer exercising
jurisdiction in the enforcement of traffic laws within the area in
which the person is to perform the duty, for review, a proposed
program of instruction for the training of a person for that duty,
and unless and until the commissioner or other chief law enforcement
officer approves the proposed program. The commissioner or other
chief law enforcement officer shall approve a proposed program if he
or she reasonably determines that the program will provide sufficient
training for persons assigned to perform the duty described in this
subdivision.
(f) Regulating traffic at the site of road or street construction
or maintenance by persons authorized for that duty by the local
authority.
(g) (1) Licensing and regulating the operation of tow truck
service or tow truck drivers operating within or whose
principal place of business or employment is within the jurisdiction
of the local authority, excepting the operation and operators of any
auto dismantlers' tow vehicle licensed under Section 11505 or any tow
truck operated by a repossessing agency licensed under Chapter 11
(commencing with Section 7500) of Division 3 of the Business and
Professions Code and its registered employees.
(2) The Legislature finds that the safety and welfare of the
general public is promoted by permitting local authorities to
regulate tow truck service companies and operators by requiring
licensure, insurance, and proper training in the safe operation of
towing equipment, thereby ensuring against towing mistakes that may
lead to violent confrontation, stranding motorists in dangerous
situations, impeding the expedited vehicle recovery, and wasting
state and local law enforcement's limited resources.
(3) This subdivision does not limit the authority of a city or
city and county pursuant to Section 12111.
(h) Operation of bicycles, and, as specified in Section 21114.5,
electric carts by physically disabled persons, or persons 50 years of
age or older, on public sidewalks.
(i) Providing for the appointment of nonstudent school crossing
guards for the protection of persons who are crossing a street or
highway in the vicinity of a school or while returning thereafter to
a place of safety.
(j) Regulating the methods of deposit of garbage and refuse in
streets and highways for collection by the local authority or by any
person authorized by the local authority.
(k) (1) Regulating cruising.
(2) The ordinance or resolution adopted pursuant to this
subdivision shall regulate cruising, which is the repetitive driving
of a motor vehicle past a traffic control point in traffic that is
congested at or near the traffic control point, as determined by the
ranking peace officer on duty within the affected area, within a
specified time period and after the vehicle operator has been given
an adequate written notice that further driving past the control
point will be a violation of the ordinance or resolution.
(3) A person is not in violation of an ordinance or resolution
adopted pursuant to this subdivision unless both of the following
apply:
(A) That person has been given the written notice on a previous
driving trip past the control point and then again passes the control
point in that same time interval.
(B) The beginning and end of the portion of the street subject to
cruising controls are clearly identified by signs that briefly and
clearly state the appropriate provisions of this subdivision and the
local ordinance or resolution on cruising.
( l ) Regulating or authorizing the removal by peace
officers of vehicles unlawfully parked in a fire lane, as described
in Section 22500.1, on private property. A removal pursuant to this
subdivision shall be consistent, to the extent possible, with the
procedures for removal and storage set forth in Chapter 10
(commencing with Section 22650).
(m) Regulating mobile billboard advertising displays, as defined
in Section 395.5, including the establishment of penalties, which may
include, but are not limited to, removal of the mobile billboard
advertising display, civil penalties, and misdemeanor criminal
penalties, for a violation of the ordinance or resolution. The
ordinance or resolution may establish a minimum distance that a
mobile billboard advertising display shall be moved after a specified
time period.
(n) Licensing and regulating the operation of pedicabs for hire,
as defined in Section 467.5, and operators of pedicabs for hire,
including requiring one or more of the following documents:
(1) A valid California driver's license.
(2) Proof of successful completion of a bicycle safety training
course certified by the League of American Bicyclists or an
equivalent organization as determined by the local authority.
(3) A valid California identification card and proof of successful
completion of the written portion of the California driver's license
examination administered by the department. The department shall
administer, without charging a fee, the original driver's license
written examination on traffic laws and signs to a person who states
that he or she is, or intends to become, a pedicab operator, and who
holds a valid California identification card or has successfully
completed an application for a California identification card. If the
person achieves a passing score on the examination, the department
shall issue a certificate of successful completion of the
examination, bearing the person's name and identification card
number. The certificate shall not serve in lieu of successful
completion of the required examination administered as part of any
subsequent application for a driver's license. The department is not
required to enter the results of the examination into the
computerized record of the person's identification card or otherwise
retain a record of the examination or results.
(o) (1) This section does not authorize a local authority to enact
or enforce an ordinance or resolution that establishes a violation
if a violation for the same or similar conduct is provided in this
code, nor does it authorize a local authority to enact or enforce an
ordinance or resolution that assesses a fine, penalty, assessment, or
fee for a violation if a fine, penalty, assessment, or fee for a
violation involving the same or similar conduct is provided in this
code.
(2) This section does not preclude a local authority from enacting
parking ordinances pursuant to existing authority in Chapter 9
(commencing with Section 22500) of Division 11 .
(p) (1) Regulating advertising signs on motor vehicles parked or
left standing upon a public street. The ordinance or resolution may
establish a minimum distance that the advertising sign shall be moved
after a specified time period.
(2) Paragraph (1) does not apply to any of the following:
(A) Advertising signs that are permanently affixed to the body of,
an integral part of, or a fixture of a motor vehicle for permanent
decoration, identification, or display and that do not extend beyond
the overall length, width, or height of the vehicle.
(B) If the license plate frame is installed in compliance with
Section 5201, paper advertisements issued by a dealer contained
within that license plate frame or any advertisements on that license
plate frame.
(3) As used in paragraph (2), "permanently affixed" means any of
the following:
(A) Painted directly on the body of a motor vehicle.
(B) Applied as a decal on the body of a motor vehicle.
(C) Placed in a location on the body of a motor vehicle that was
specifically designed by a vehicle manufacturer as defined in Section
672 and licensed pursuant to Section 11701, in compliance with both
state and federal law or guidelines, for the express purpose of
containing an advertising sign.
SEC. 2. Section 21100.4 of the Vehicle
Code is amended to read:
21100.4. (a) (1) A magistrate presented with the affidavit of a
peace officer or a designated local transportation officer
establishing reasonable cause to believe that a vehicle, described by
vehicle type and license number, is being operated as a taxicab or
other passenger vehicle for hire in violation of licensing
requirements adopted by a local authority under subdivision (b) of
Section 21100 , or that a vehicle, described by vehicle type and
license number, is being operated as a tow truck in violation of
licensing or permit requirements adopted by a local authority
pursuant to Section 21100, shall issue a warrant or order
authorizing the peace officer or designated local transportation
officer to immediately seize and cause the removal of the vehicle. As
used in this section, "designated local transportation officer"
means any local public officer employed by a local authority to
investigate and enforce local taxicab and vehicle for hire laws and
regulations , or local tow truck laws and regulations .
(2) The warrant or court order may be entered into a computerized
database.
(3) A vehicle so impounded may be impounded for a period not to
exceed 30 days.
(4) The impounding agency, within two working days of impoundment,
shall send a notice by certified mail, return receipt requested, to
the legal owner of the vehicle, at an address obtained from the
department, informing the owner that the vehicle has been impounded
and providing the owner with a copy of the warrant or court order.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days'
impoundment when a legal owner redeems the impounded vehicle. The law
enforcement agency shall be open to issue a release to the
registered owner or legal owner, or the agent of either, whenever the
agency is open to serve the public for regular, nonemergency
business.
(b) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period and without the permission of the magistrate
authorizing the vehicle's seizure under any of the following
circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle was seized under this section for an offense
that does not authorize the seizure of the vehicle.
(C) When the vehicle is a rental car.
(2) A vehicle may not be released under this subdivision, except
upon presentation of the registered owner's or agent's currently
valid license to operate the vehicle under the licensing requirements
adopted by the local authority under subdivision (b) or (g)
of Section 21100, and proof of current vehicle registration, or
upon order of the court.
(c) (1) Whenever a vehicle is impounded under this section, the
magistrate ordering the storage shall provide the vehicle's
registered and legal owners of record, or their agents, with the
opportunity for a poststorage hearing to determine the validity of
the storage.
(2) A notice of the storage shall be mailed or personally
delivered to the registered and legal owners within 48 hours after
issuance of the warrant or court order, excluding weekends and
holidays, by the person or agency executing the warrant or court
order, and shall include all of the following information:
(A) The name, address, and telephone number of the agency
providing the notice.
(B) The location of the place of storage and a description of the
vehicle, which shall include, if available, the name or make, the
manufacturer, the license plate number, and the mileage of the
vehicle.
(C) A copy of the warrant or court order and the peace officer's
affidavit, as described in subdivision (a).
(D) A statement that, in order to receive their poststorage
hearing, the owners, or their agents, are required to request the
hearing from the magistrate issuing the warrant or court order in
person, in writing, or by telephone, within 10 days of the date of
the notice.
(3) The poststorage hearing shall be conducted within two court
days after receipt of the request for the hearing.
(4) At the hearing, the magistrate may order the vehicle released
if he or she finds any of the circumstances described in subdivision
(b) or (e) that allow release of a vehicle by the impounding agency.
(5) Failure of either the registered or legal owner, or his or her
agent, to request, or to attend, a scheduled hearing satisfies the
poststorage hearing requirement.
(6) The agency employing the peace officer or designated local
transportation officer who caused the magistrate to issue the warrant
or court order shall be responsible for the costs incurred for
towing and storage if it is determined in the poststorage hearing
that reasonable grounds for the storage are not established.
(d) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
(e) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of the impoundment period and without the
permission of the magistrate authorizing the seizure of the vehicle
if all of the following conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state or is another person, not the
registered owner, holding a security interest in the vehicle.
(2) (A) The legal owner or the legal owner's agent pays all towing
and storage fees related to the seizure of the vehicle. A lien sale
processing fee shall not be charged to the legal owner who redeems
the vehicle prior to the 15th day of impoundment. Neither the
impounding authority nor any person having possession of the vehicle
shall collect from the legal owner of the type specified in paragraph
(1), or the legal owner's agent, any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
(B) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
(C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) shall be
civilly liable to the owner of the vehicle or to the person who
tendered the fees for four times the amount of the towing, storage,
and related fees, but not to exceed five hundred dollars ($500).
(D) A person operating or in charge of a storage facility
described in subparagraph (B) shall have sufficient funds on the
premises of the primary storage facility during normal business hours
to accommodate, and make change in, a reasonable monetary
transaction.
(E) Credit charges for towing and storage services shall comply
with Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when making
agreements with towing companies on rates.
(3) (A) The legal owner or the legal owner's agent presents to the
law enforcement agency or impounding agency, or any person acting on
behalf of those agencies, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The law enforcement agency, impounding
agency, or any other governmental agency, or any person acting on
behalf of those agencies, shall not require the presentation of any
other documents.
(B) The legal owner or the legal owner's agent presents to the
person in possession of the vehicle, or any person acting on behalf
of the person in possession, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The person in possession of the vehicle,
or any person acting on behalf of the person in possession, shall not
require the presentation of any other documents.
(C) All presented documents may be originals, photocopies, or
facsimile copies, or may be transmitted electronically. The law
enforcement agency, impounding agency, or any person in possession of
the vehicle, or anyone acting on behalf of them, shall not require
any documents to be notarized. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, may
require the agent of the legal owner to produce a photocopy or
facsimile copy of its repossession agency license or registration
issued pursuant to Chapter 11 (commencing with Section 7500) of
Division 3 of the Business and Professions Code, or to demonstrate,
to the satisfaction of the law enforcement agency, impounding agency,
or any person in possession of the vehicle, or anyone acting on
behalf of them, that the agent is exempt from licensure pursuant to
Section 7500.2 or 7500.3 of the Business and Professions Code.
(D) An administrative cost authorized under subdivision (a) of
Section 22850.5 shall not be charged to the legal owner of the type
specified in paragraph (1) who redeems the vehicle unless the legal
owner voluntarily requests a poststorage hearing. A city, county,
city and county, or state agency shall not require a legal owner or a
legal owner's agent to request a poststorage hearing as a
requirement for release of the vehicle to the legal owner or the
legal owner's agent. The law enforcement agency, impounding agency,
or any other governmental agency, or any person acting on behalf of
those agencies, shall not require any documents other than those
specified in this paragraph. The law enforcement agency, impounding
agency, or other governmental agency, or any person acting on behalf
of those agencies, may not require any documents to be notarized. The
legal owner or the legal owner's agent shall be given a copy of any
documents he or she is required to sign, except for a vehicle
evidentiary hold logbook. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, or any
person in possession of the vehicle, may photocopy and retain the
copies of any documents presented by the legal owner or legal owner's
agent.
(4) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the
vehicle, provided all conditions required of the legal owner or legal
owner's agent under this subdivision are satisfied.
(f) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (e) shall not release
the vehicle to the registered owner of the vehicle or the person who
was listed as the registered owner when the vehicle was impounded or
any agents of the registered owner until the termination of the
impoundment period.
(2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner or the person who was
listed as the registered owner when the vehicle was impounded until
the registered owner or that owner's agent presents his or her valid
driver's license or valid temporary driver's license, and an operator'
s license that is in compliance with the licensing requirements
adopted by the local authority under subdivision (b) of Section
21100, to the legal owner or the legal owner's agent. The legal owner
or the legal owner's agent or the person in possession of the
vehicle shall make every reasonable effort to ensure that the
licenses presented are valid and possession of the vehicle will not
be given to the driver who was involved in the original impoundment
proceeding until the expiration of the impoundment period.
(3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and the administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining the custody of the vehicle.
(4) Any legal owner who knowingly releases or causes the release
of a vehicle to a registered owner or the person in possession of the
vehicle at the time of the impoundment or any agent of the
registered owner in violation of this subdivision shall be guilty of
a misdemeanor and subject to a civil penalty in the amount of two
thousand dollars ($2,000).
(5) The legal owner, registered owner, or person in possession of
the vehicle shall not change or attempt to change the name of the
legal owner or the registered owner on the records of the department
until the vehicle is released from the impoundment.
(g) Notwithstanding any other provision of this section, the
registered owner and not the legal owner shall remain responsible for
any towing and storage charges related to the impoundment and the
administrative charges authorized under Section 22850.5 and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(h) The law enforcement agency and the impounding agency,
including any storage facility acting on behalf of the law
enforcement agency or impounding agency, shall comply with this
section and shall not be liable to the registered owner for the
improper release of the vehicle to the legal owner or the legal owner'
s agent if the release complies with this section. The legal owner
shall indemnify and hold harmless a storage facility from any claims
arising out of the release of the vehicle to the legal owner or the
legal owner's agent and from any damage to the vehicle after its
release, including the reasonable costs associated with defending any
such claims. A law enforcement agency shall not refuse to issue a
release to a legal owner or the agent of a legal owner on the grounds
that it previously issued a release.
SECTION 1. SEC. 3. Section 22513 of
the Vehicle Code is amended to read:
22513. (a) Except as provided in subdivision (b) or (c), the
owner or operator of a tow truck who complies with the requirements
of this code relating to tow trucks may stop or park the tow truck
upon a highway for the purpose of rendering assistance to a disabled
vehicle.
(b) (1) It is a misdemeanor for a towing company or the owner or
operator of a tow truck to stop at the scene of an accident or near a
disabled vehicle for the purpose of soliciting an engagement for
towing services, either directly or indirectly, or to furnish towing
services, unless requested to perform that service by a law
enforcement officer or public agency pursuant to that agency's
procedures, or unless summoned to the scene, requested to stop, or
flagged down by the owner or operator of a disabled vehicle
vehicle. and
(2) If requested or summoned to the
scene, the towing company or the owner or operator of a tow
truck possesses all of the following information in writing prior to
arriving at the scene:
(A) The first and last name and working telephone number of the
person who summoned it to the scene.
(B) The make, model, year, and license plate number of the
disabled vehicle.
(C) The date and time it was summoned to the scene.
(D) The name of the person(s) who obtained the information in
subparagraphs (A), (B), and (C).
(3) If requested to stop or flagged down at the scene, the towing
company or the owner or operator of a tow truck shall complete all of
the following information in writing upon arriving at the scene:
(A) The first and last name and working telephone number of the
person who summoned it to the scene.
(B) The make, model, year, and license plate number of the
disabled vehicle.
(C) The date and time it was summoned to the scene.
(D) The name of the person(s) who obtained the information in
subparagraphs (A), (B), and (C).
(2)
(4) The towing company or the owner or operator of a tow
truck shall make the written information described in this
subdivision available to law enforcement, upon request, from the time
it appears at the scene until the time the vehicle is towed and
released to a third party.
(c) (1) It is a misdemeanor for a towing company or the owner or
operator of a tow truck to move a vehicle from a highway, street, or
public property when the vehicle has been left unattended or when
there is an injury as the result of an accident without the express
authorization of the owner or operator of the vehicle or a law
enforcement officer or public agency pursuant to that agency's
procedures, and without
obtaining the following, as applicable, in writing:
(A) If the authorization is from the vehicle owner or operator,
the first and last name, address, and working telephone number of the
person who gave the authorization.
(B) If the authorization is from law enforcement, the surname and
badge number of that law enforcement officer.
(C) If the authorization is from law enforcement dispatch, the
surname and identification number of that dispatcher.
(C)
(D) If the authorization is from a public agency
pursuant to that agency's procedures, the name of the agency and the
first name, and last name ,
and identification number of the public agency employee.
(2) The towing company or the owner or operator of a tow truck
shall make the written information described in this subdivision
available to law enforcement, upon request, from the time the vehicle
is attached to or loaded on to the tow truck until the time the
vehicle is towed and released to a third party.
(d) (1) Prior to attaching a vehicle to the tow truck, the towing
company or the owner or operator of the tow truck shall furnish the
vehicle's owner or operator with the name, address, and telephone
number of the towing company, the name of the towing operator, and a
copy of the itemized statement for all charges for services to be
performed, including a description of labor and special equipment to
be used, if applicable. Prior to
(d) (1) Prior to attaching a vehicle to the tow truck, the towing
company or the owner or operator of the tow truck shall furnish the
vehicle's owner or operator with the following:
(A) A written itemized estimate of all charges and services to be
performed.
(B) The name, address, telephone number, and motor carrier permit
number of the towing company.
(C) The license plate number of the tow truck performing the tow.
(D) The first and last name of the towing operator, and if
different than the towing operator, the first and last name of the
person from the towing company furnishing the estimate.
(E) A description and cost for all services, including, but not
limited to, charges for labor, special equipment, mileage from
dispatch to return expressed as a per mile rate, and storage fees,
expressed as a 24-hour rate.
(2) Prior to removing
the vehicle, the tow truck operator shall obtain the vehicle owner or
operator's signature on the itemized statement
estimate and shall furnish a copy to the person who signed
the statement estimat e .
(2)
(3) If neither the vehicle owner nor the operator is
present at the time and location of the tow, the towing company or
owner or operator of a tow truck shall send a copy of the itemized
invoice by registered mail within one business day of the tow to the
address where the vehicle is registered.
(4) No charge shall be made in excess of the estimated price
without the prior written consent of the vehicle owner or operator.
Written consent may be made in person or by electronic mail or
transmission.
(5) All services rendered by a tow company or tow truck operator,
including any warranty or zero cost services, shall be recorded on an
invoice, and shall include the business name, address, telephone
number, and motor carrier permit number, a description and cost for
all services, the addresses where the vehicle was towed from and
delivered to, and the name of the person authorizing the tow.
(6) Notwithstanding Section 3068 of the Civil Code, a tow company
or tow truck operator that fails to comply with the provisions of
this section shall not have a lien pursuant to Section 3068 of the
Civil Code.
(e) A towing company or owner or operator of a tow truck shall
maintain the written documents described in subdivisions (b), (c),
and (d) for three years and shall make those documents available for
inspection and copying within 48 hours of a written request by any
officer or agent of a police department, sheriff's department, the
Department of the California Highway Patrol, the Attorney General's
office, a district attorney's office, or a city attorney's office.
(f) This section shall not apply to the following:
(1) A vehicle owned or operated by, or under contract to, a motor
club, as defined by Section 12142 of the Insurance Code, which stops
to provide services for which compensation is neither requested nor
received, provided that those services may not include towing other
than that which may be necessary to remove the vehicle to the nearest
safe shoulder. The owner or operator of that vehicle may contact a
law enforcement agency or other public agency on behalf of a
motorist, but may not refer a motorist to a tow truck owner or
operator, unless the motorist is a member of the motor club, the
motorist is referred to a tow truck owner or operator under contract
to the motor club, and, if there is a dispatch facility that services
the area and is owned or operated by the motor club, the referral is
made through that dispatch facility.
(2) A tow truck operator employed by a law enforcement agency or
other public agency.
(3) A tow truck owner or operator acting under contract with a law
enforcement or other public agency to abate abandoned vehicles, or
to provide towing service or emergency road service to motorists
while involved in freeway service patrol operations, to the extent
authorized by law.
SEC. 2. SEC. 4. Section 22513.1 is
added to the Vehicle Code, to read:
22513.1. (a) A business taking possession of a vehicle from a tow
truck shall document the name, address, and telephone number of the
towing company, the name and driver's license number of the tow truck
operator, the make, model, and license plate or Vehicle
Identification Number, and the date and time that possession was
taken of the vehicle. If the vehicle was dropped off afterhours, the
business shall obtain the information from the towing company the
next day.
(b) The information required in this section shall be maintained
for three years and shall be available for inspection and copying
within 48 hours of a written request by any officer or agent of a
police department, sheriff's department, the Department of the
California Highway Patrol, the Attorney General's office, the
Bureau of Automotive Repair, a district attorney's
office, or a city attorney's office.
SEC. 3. SEC. 5. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.
