Bill Text: CA AB476 | 2011-2012 | Regular Session | Amended
Bill Title: Vehicles: tow trucks: illegal operation: impoundment and
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB476 Detail]
Download: California-2011-AB476-Amended.html
BILL NUMBER: AB 476 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 30, 2011
AMENDED IN ASSEMBLY MARCH 21, 2011
INTRODUCED BY Assembly Member Bonnie Lowenthal
FEBRUARY 15, 2011
An act to amend Section 22513 of, and to add Section 34625 to, the
Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 476, as amended, Bonnie Lowenthal. Vehicles: tow trucks:
illegal operation: impoundment and release.
(1) Existing law authorizes the owner or operator of a tow truck
who complies with the specified requirements of the Vehicle Code
relating to tow trucks to stop or park the tow truck upon a highway
for the purpose of rendering assistance to a disabled vehicle, but
prohibits the owner or operator from soliciting an engagement for
towing services or moving a vehicle without proper authorization,
unless exempted as specified. A violation of these provisions is a
misdemeanor.
This bill would delete the exemptions from these
provisions reference to an owner or operator of a tow
truck and would instead provide that a tow truck
driver or an owner-operator of a tow truck who
violates these prohibitions is, in addition to being guilty of a
misdemeanor, subject to punishment by having the tow truck impounded
for a period of 30 days and a $2,500 fine.
(2) Existing law authorizes a member of the Department of the
California Highway Patrol to impound a vehicle or combination of
vehicles operated by a motor carrier of property, when the vehicle or
combination of vehicles is found upon a highway, any public lands,
or an offstreet parking facility and the motor carrier is found to be
operating, either independently or for another motor carrier, after
its motor carrier permit has been suspended by the Department of
Motor Vehicles. A motor carrier of property that violates this
provision is guilty of a misdemeanor, punishable by a fine of not
more than $2,500, or by imprisonment in the county jail for not more
than three months, or by both that fine and imprisonment.
This bill would require, upon the request of a local law
enforcement officer, a tow truck driver or an owner-operator of a tow
truck to provide to the local law enforcement officer a copy of a
valid motor carrier permit and would require a tow truck driver or an
owner-operator of a tow truck to display in a conspicuous place on
both the right and left sides of a tow truck the business address and
telephone number of the company or the owner or operator, as
specified. The bill would make a violation of these provisions a
misdemeanor punishable by the impoundment of the tow truck for 30
days and a fine not to exceed $2,500.
The bill would authorize the law enforcement agency, an impounding
agency, or the person in possession of the tow truck, or any person
acting on behalf of that agency or person to release a tow-truck,
before the expiration of that 30-day period to the registered or
legal owner or his or her agent only if certain conditions are met,
including, but not limited to, the requirement that the legal owner
or the legal owner's agent pay all towing and storage fees related to
the impoundment of the tow truck. The bill would require the
impounding agency to remain open to issue a release to the registered
owner or legal owner of a tow truck whenever the agency is open to
serve the public for regular, nonemergency business.
The bill would require specified facilities where impounded tow
trucks are stored to accept valid bank credit cards, as defined, or
cash as payment for towing, storage, and related fees and would make
the facility civilly liable, as specified, for a failure to do so.
The bill would make it a misdemeanor for a legal owner of an
impounded tow truck to knowingly release the tow truck to the
registered owner of the tow truck in certain circumstances. The bill
would impose additional requirements with respect to the release of
an impounded tow truck.
By creating new crimes, the bill would impose a state-mandated
local program.
(3) 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 22513 of the Vehicle Code is amended to read:
22513. (a) Except as provided in subdivision (b) or (c), a tow
truck driver or an owner-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) It is a misdemeanor for a tow truck driver or an
owner-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 the disabled
vehicle or requested to perform the service by a law enforcement
agency pursuant to that agency's procedures.
(c) It is a misdemeanor for a tow truck driver or an
owner-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.
(d) 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 such a 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 which
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.
(d)
(e) (1) A tow truck driver or an
owner-operator of a tow truck who violates either
subdivision (b) or (c) shall have be punished
by having the tow truck impounded for a period of not less
than 30 days and shall pay a fine not to exceed two thousand five
hundred dollars ($2,500).
(2) A tow truck impounded under paragraph (1) shall be processed
for release pursuant to subdivision (c) (a)
of Section 34625.
SEC. 2. Section 34625 is added to the Vehicle Code, to read:
34625. (a) (1) Upon the request of a local law enforcement
officer, a tow truck driver or an owner-operator of a tow truck shall
provide to the local law enforcement officer a copy of a valid motor
carrier permit. A violation of this section is a misdemeanor
punishable by the impoundment of the tow truck for 30 days and a fine
not to exceed two thousand five hundred dollars ($2,500).
(2) It is not a violation of this subdivision if the copy of the
motor carrier permit that is provided is expired for less than 60
days.
(b) A tow truck driver or an owner-operator of a tow truck shall
display in a conspicuous place on both the right and left sides of a
tow truck the business address and telephone number of the company or
the owner or operator pursuant to Section 27907. A violation of this
section is a misdemeanor punishable by the impoundment of the tow
truck for 30 days and a fine not to exceed two thousand five hundred
dollars ($2,500).
(c)
34625. (a) (1) An impounding agency
impounding a tow truck pursuant to this section shall send, within
two working days of impoundment, a notice by certified mail, return
receipt requested, to the legal owner of the tow truck, at an address
obtained from the department, informing the owner that the tow truck
has been impounded. 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 tow truck. 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.
(2) The impounding agency shall release a tow truck to the
registered owner or his or her agent prior to the end of the
impoundment period under any either 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.
(3) A tow truck shall 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 (g) of Section 21100, and proof of current
vehicle registration, or upon order of a court.
(4) Whenever a tow truck is impounded under this section, the
impounding agency 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.
(5) A notice of the storage shall be mailed or personally
delivered to the registered and legal owners within 48 hours after
the impoundment, excluding weekends and holidays, by the impounding
agency, 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
tow truck, which shall include, if available, the name or make, the
manufacturer, the license plate number, and the mileage of the tow
truck.
(C) A statement that, in order to receive their poststorage
hearing, the owners, or their agents, are required to request the
hearing from the impounding agency, in writing, or by telephone,
within 10 days of the date of the notice.
(6) The poststorage hearing shall be conducted within two business
days after receipt of the request for the hearing.
(7) At the hearing, the impounding agency shall release the tow
truck if the agency finds any of the circumstances described in
subdivision (b) or (e) that allow release of the tow truck by the
impounding agency.
(8) 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.
(9) The impounding agency 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)
(b) 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)
(c) A tow truck impounded pursuant to
subdivision (a) or (b), or subdivision (b) or (c) of
Section 22513, shall be released to the legal owner of the tow truck
or the legal owner's agent prior to the end of the impoundment period
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 tow truck.
(2) (A) The legal owner or the legal owner's agent pays all towing
and storage fees related to the impoundment of the tow truck. A lien
sale processing fee shall not be charged to the legal owner who
redeems the tow truck prior to the 15th day of impoundment. Neither
the impounding authority nor any person having possession of the tow
truck 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 for purposes of an impoundment 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 tow truck. 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 tow truck 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 tow truck, a security agreement for the tow
truck, or title, whether paper or electronic, showing proof of legal
ownership for the tow truck. 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 tow truck, 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 tow truck, a security agreement for the tow
truck, or title, whether paper or electronic, showing proof of legal
ownership for the tow truck. The person in possession of the tow
truck, 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 tow truck, 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 tow truck, 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) Administrative costs 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 tow truck 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 tow truck 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 tow truck, 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 tow
truck if all conditions required of the legal owner or legal owner's
agent under this subdivision are satisfied.
(f)
(d) (1) A legal owner or the legal owner's agent that
obtains release of the tow truck pursuant to subdivision (e) shall
not release the tow truck to the registered owner of the tow truck or
the person who was listed as the registered owner when the tow truck
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 tow truck to the registered owner or the person who
was listed as the registered owner when the tow truck 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 (g) 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 tow truck shall make every reasonable effort to
ensure that the licenses presented are valid and possession of the
tow truck 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 tow truck, 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 tow truck.
(4) Any legal owner who knowingly releases or causes the release
of a tow truck to a registered owner or the person in possession of
the tow truck 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 tow truck 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 tow truck is released from the impoundment.
(g)
(e) 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)
(f) The law enforcement agency and the impounding
agency, including any storage facility acting on behalf of the law
enforcement agency or the impounding agency, shall comply with this
section and shall not be liable to the registered owner for the
improper release of the tow truck to the legal owner or the legal
owner's agent provided the release complies with the provisions of
this section. The legal owner shall indemnify and hold harmless a
storage facility from any claims arising out of the release of the
tow truck to the legal owner or the legal owner's agent and from any
damage to the tow truck 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.
SEC. 3. 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.
