Bill Text: CA AB1222 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: AB 1222	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bloom

                        FEBRUARY 27, 2015

   An act to amend Section 22513 of, and to add Section 22513.1 to,
the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1222, as introduced, Bloom. Tow trucks.
   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, 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.
Prior to removing the vehicle, the towing company or the owner or
operator of the two truck shall obtain the vehicle owner or operator'
s signature on the itemized statement and shall furnish a copy to the
person who signed the statement, 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, 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 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  any  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
 or requested to perform the service by a law enforcement
officer or public agency pursuant to that agency's procedures.
  and 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).  
   (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 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
 any   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,  when the vehicle has been left unattended or
when there is an injury as the result of an accident.  
  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 a public agency pursuant to that
agency's procedures, the name of the agency and the first name, 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 removing the vehicle, the tow truck
operator shall obtain the vehicle owner or operator's signature on
the itemized statement and shall furnish a copy to the person who
signed the statement.  
   (2) 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.  
   (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.
 
   (d) 
    (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  such a 
 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  which   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.  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, a district
attorney's office, or a city attorney's office.
  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.