Bill Text: CA AB1993 | 2011-2012 | Regular Session | Amended
Bill Title: Vehicles: towing and impoundment: unlicensed drivers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-06-27 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1993 Detail]
Download: California-2011-AB1993-Amended.html
BILL NUMBER: AB 1993 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 17, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Ma
FEBRUARY 23, 2012
An act to amend Section 22651 of the Vehicle Code,
relating to vehicles. An act to amend Sections 14602.6
and 14607.6 of, and to add Section 22651.10 to, the Vehicle Code,
relatin g to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1993, as amended, Ma. Vehicles: removal: multiple
violations. Vehicles: towing and impoundment:
unlicensed drivers.
(1) Existing law authorizes a peace officer to impound for 30 days
a vehicle driven by a person who had never been issued a driver's
license. Existing law subjects to forfeiture, and requires the
impoundment of, a vehicle driven by an unlicensed driver who is a
registered owner of the vehicle and who has a previous misdemeanor
conviction of operating a vehicle without a driver's license.
This bill would prohibit a peace officer from towing and
impounding, or causing the towing and impoundment of, a vehicle
driven by a person who does not have a valid driver's license, as
specified, if the vehicle is, or could be, legally parked at a
location near the scene of the traffic stop or if control of the
vehicle is, or could be, relinquished to a licensed driver. If a
licensed driver is not present at the time of the traffic stop, the
bill would require the peace officer to inform the driver that the
vehicle will not be towed and impounded if a licensed driver can
retrieve the vehicle within a reasonable amount of time of the
traffic stop. The bill would require a peace officer to obtain the
approval of a supervisory officer before the towing and impoundment
of a vehicle subject to these provisions. By requiring a higher level
of service by a local law enforcement agency, this bill would impose
a state-mandated local program. The bill would require the release
of the impounded vehicle upon the presentation of the registered
owner's, or his or her agent's, currently valid driver's license and
proof of current vehicle registration, or upon order of a court.
This bill would also make conforming changes.
(2) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Existing law authorizes the impoundment of a vehicle found upon a
highway or public land if the vehicle has been issued 5 or more
notices of parking violations to which the owner or person in control
of the vehicle has not respond within a specified time period or if
the registered owner of the vehicle is known to have been issued 5 or
more notices for failure to pay or failure to appear in court for
traffic violations. The vehicle may be impounded until that person
furnishes specified information, including, among other things,
evidence of his or her identity.
This bill would specify that the evidence of identity may include
a matricula consular, passport, birth certificate, or other similar
document.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14602.6 of the
Vehicle Code is amended to read:
14602.6. (a) (1) Whenever a peace officer determines that a
person was driving a vehicle while his or her driving privilege was
suspended or revoked, or driving a vehicle while his or
her driving privilege is restricted pursuant to Section 13352 or
23575 and the vehicle is not equipped with a functioning, certified
interlock device, or driving a vehicle without ever having
been issued a driver's license, the peace officer may
either immediately arrest that person and cause the removal and
seizure of that vehicle or, if the vehicle is involved in a traffic
collision, cause the removal and seizure of the vehicle without the
necessity of arresting the person in accordance with Chapter 10
(commencing with Section 22650) of Division 11. A vehicle so
impounded shall be impounded for 30 days.
(2) 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 the address obtained from the
department, informing the owner that the vehicle 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 the legal owner redeems the impounded vehicle. The
impounding agency shall maintain a published telephone number that
provides information 24 hours a day regarding the impoundment of
vehicles and the rights of a registered owner to request a hearing.
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) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or their agents shall be provided
the opportunity for a storage hearing to determine the validity of,
or consider any mitigating circumstances attendant to, the storage,
in accordance with Section 22852.
(c) Any period in which a vehicle is subjected to storage under
this section shall be included as part of the period of impoundment
ordered by the court under subdivision (a) of Section 14602.5.
(d) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of 30 days'
impoundment under any of the following circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, including a parking
service or repair garage.
(C) When the license of the driver was suspended or revoked for an
offense other than those included in Article 2 (commencing with
Section 13200) of Chapter 2 of Division 6 or Article 3 (commencing
with Section 13350) of Chapter 2 of Division 6.
(D) When the vehicle was seized under this section for an offense
that does not authorize the seizure of the vehicle.
(E) When the driver reinstates his or her driver's license or
acquires a driver's license and proper insurance.
(2) No A vehicle shall not
be released pursuant to this subdivision without presentation
of the registered owner's or agent's currently valid driver's license
to operate the vehicle and proof of current vehicle registration, or
upon order of a court.
(e) 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.
(f) 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 30 days' impoundment 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. No
A lien sale processing fees
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 a
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) The legal owner or the legal owner's agent presents 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. Any documents
presented may be originals, photocopies, or facsimile copies, or may
be transmitted electronically. 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 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
acting on behalf of those agencies, that the agent is exempt from
licensure pursuant to Section 7500.2 or 7500.3 of the Business and
Professions Code.
No administrative
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 vehicle
unless the legal owner voluntarily requests a poststorage hearing.
No 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 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, shall 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.
(g) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (f) 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, unless the registered owner is
a rental car agency, until after the termination of the 30-day
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 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 license presented is 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 any administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining custody of the vehicle.
(4) Any A 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 fine
in the amount of two thousand dollars ($2,000) in addition to any
other penalties established by law.
(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.
(h) (1) A vehicle removed and seized under subdivision (a) shall
be released to a rental car agency prior to the end of 30 days'
impoundment if the agency is either the legal owner or registered
owner of the vehicle and the agency pays all towing and storage fees
related to the seizure of the vehicle.
(2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental car agency may not rent another vehicle
to the driver of the vehicle that was seized until 30 days after the
date that the vehicle was seized.
(3) The rental car agency may require the person to whom the
vehicle was rented to pay all towing and storage charges related to
the impoundment and any administrative charges authorized under
Section 22850.5 that were incurred by the rental car agency in
connection with obtaining custody of the vehicle.
(i) 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, any
administrative charges authorized under Section 22850.5, and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(j) 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 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 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.
SEC. 2. Section 14607.6 of the Vehicle
Code is amended to read:
14607.6. (a) Notwithstanding any other provision of
law, and except as provided in this section, a motor
vehicle is subject to forfeiture as a nuisance if it is driven on a
highway in this state by a driver with a suspended or revoked license
, or by an unlicensed driver, who is a registered
owner of the vehicle at the time of impoundment and has a previous
misdemeanor conviction for a violation of subdivision (a) of Section
12500 or Section 14601, 14601.1, 14601.2, 14601.3, 14601.4, or
14601.5.
(b) A peace officer shall not stop a vehicle for the sole reason
of determining whether the driver is properly licensed.
(c) (1) If a driver is unable to produce a valid driver's license
on the demand of a peace officer enforcing the provisions of this
code, as required by subdivision (b) of Section 12951, the vehicle
shall be impounded regardless of ownership, unless the peace officer
is reasonably able, by other means, to verify that the driver is
properly licensed. Prior to impounding a vehicle, a peace officer
shall attempt to verify the license status of a driver who claims to
be properly licensed but is unable to produce the license on demand
of the peace officer.
(2) A peace officer shall not impound a vehicle pursuant to this
subdivision if the license of the driver expired within the preceding
30 days and the driver would otherwise have been properly licensed.
(3)
(2) A peace officer may exercise discretion in a
situation where in which the driver
without a valid license is an employee driving a vehicle registered
to the employer in the course of employment. A peace officer may also
exercise discretion in a situation where in
which the driver without a valid license is the employee of a
bona fide business establishment or is a person otherwise controlled
by such an that establishment and it
reasonably appears that an owner of the vehicle, or an agent of the
owner, relinquished possession of the vehicle to the business
establishment solely for servicing or parking of the vehicle or other
reasonably similar situations, and where if
the vehicle was not to be driven except as directly necessary
to accomplish that business purpose. In this event, if the vehicle
can be returned to or be retrieved by the business establishment or
registered owner, the peace officer may release and not impound the
vehicle.
(4) A registered or legal owner of record at the time of
impoundment may request a hearing to determine the validity of the
impoundment pursuant to subdivision (n).
(5) If the driver of a vehicle impounded pursuant to this
subdivision was not a registered owner of the vehicle at the time of
impoundment, or if the driver of the vehicle was a registered owner
of the vehicle at the time of impoundment but the driver does not
have a previous conviction for a violation of subdivision (a) of
Section 12500 or Section 14601, 14601.1, 14601.2, 14601.3, 14601.4,
or 14601.5, the vehicle shall be released pursuant to this code and
is not subject to forfeiture.
(d) (1) This subdivision applies only if the driver of the vehicle
is a registered owner of the vehicle at the time of impoundment.
Except as provided in paragraph (5) of subdivision (c), if the driver
of a vehicle impounded pursuant to subdivision (c) was a registered
owner of the vehicle at the time of impoundment, the impounding
agency shall authorize release of the vehicle if, within three days
of impoundment, the driver of the vehicle at the time of impoundment
presents his or her valid driver's license, including a valid
temporary California driver's license or permit, to the impounding
agency. The vehicle shall then be released to a registered owner of
record at the time of impoundment, or an agent of that owner
authorized in writing, upon payment of towing and storage charges
related to the impoundment, and any administrative charges authorized
by Section 22850.5, providing that if
the person claiming the vehicle is properly licensed and the vehicle
is properly registered. A vehicle impounded pursuant to the
circumstances described in paragraph (3) of subdivision (c) shall be
released to a registered owner whether or not the driver of the
vehicle at the time of impoundment presents a valid driver's license.
(2) If there is a community property interest in the vehicle
impounded pursuant to subdivision (c), owned at the time of
impoundment by a person other than the driver, and the vehicle is the
only vehicle available to the driver's immediate family that may be
operated with a class C driver's license, the vehicle shall be
released to a registered owner or to the community property interest
owner upon compliance with all of the following requirements:
(A) The registered owner or the community property interest owner
requests release of the vehicle and the owner of the community
property interest submits proof of that interest.
(B) The registered owner or the community property interest owner
submits proof that he or she, or an authorized driver, is properly
licensed and that the impounded vehicle is properly registered
pursuant to this code.
(C) All towing and storage charges related to the impoundment and
any administrative charges authorized pursuant to Section 22850.5 are
paid.
(D) The registered owner or the community property interest owner
signs a stipulated vehicle release agreement, as described in
paragraph (3), in consideration for the nonforfeiture of the vehicle.
This requirement applies only if the driver requests release of the
vehicle.
(3) A stipulated vehicle release agreement shall provide for the
consent of the signator to the automatic future forfeiture and
transfer of title to the state of any vehicle registered to that
person, if the vehicle is driven by a driver with a suspended or
revoked license, or by an unlicensed driver. The agreement shall be
in effect for only as long as it is noted on a driving record
maintained by the department pursuant to Section 1806.1.
(4) The stipulated vehicle release agreement described in
paragraph (3) shall be reported by the impounding agency to the
department not later than 10 days after the day the agreement is
signed.
(5) No vehicle shall be released pursuant to paragraph (2) if the
driving record of a registered owner indicates that a prior
stipulated vehicle release agreement was signed by that person.
(e) (1) The impounding agency, in the case of a vehicle that has
not been redeemed pursuant to subdivision (d), or that has not been
otherwise released, shall promptly ascertain from the department the
names and addresses of all legal and registered owners of the
vehicle.
(2) The impounding agency, within two days of impoundment, shall
send a notice by certified mail, return receipt requested, to all
legal and registered owners of the vehicle, at the addresses obtained
from the department, informing them that the vehicle is subject to
forfeiture and will be sold or otherwise disposed of pursuant to this
section. The notice shall also include instructions for filing a
claim with the district attorney, and the time limits for filing a
claim. The notice shall also inform any legal owner of its right to
conduct the sale pursuant to subdivision (g). If a registered owner
was personally served at the time of impoundment with a notice
containing all the information required to be provided by this
paragraph, no further notice is required to be sent to a registered
owner. However, a notice shall still be sent to the legal owners of
the vehicle, if any. If notice was not sent to the legal owner within
two working days, the impounding agency shall not charge the legal
owner for more than 15-days' impoundment when the legal owner redeems
the impounded vehicle.
(3) No processing charges shall be imposed on a legal owner who
redeems an impounded vehicle within 15 days of the impoundment of
that vehicle. If no claims are filed and served within 15 days after
the mailing of the notice in paragraph (2), or if no claims are filed
and served within five days of personal service of the notice
specified in paragraph (2), when no other mailed notice is required
pursuant to paragraph (2), the district attorney shall prepare a
written declaration of forfeiture of the vehicle to the state. A
written declaration of forfeiture signed by the district attorney
under this subdivision shall be deemed to provide good and sufficient
title to the forfeited vehicle. A copy of the declaration shall be
provided on request to any person informed of the pending forfeiture
pursuant to paragraph (2). A claim that is filed and is later
withdrawn by the claimant shall be deemed not to have been filed.
(4) If a claim is timely filed and served, then the district
attorney shall file a petition of forfeiture with the appropriate
juvenile or superior court within 10 days of the receipt of the
claim. The district attorney shall establish an expedited hearing
date in accordance with instructions from the court, and the court
shall hear the matter without delay. The court filing fee of one
hundred dollars ($100) shall be paid by the claimant, but shall be
reimbursed by the impounding agency if the claimant prevails. To the
extent practicable, the civil and criminal cases shall be heard at
the same time in an expedited, consolidated proceeding. A proceeding
in the civil case is a limited civil case.
(5) The burden of proof in the civil case shall be on the
prosecuting agency, by a preponderance of the evidence. All questions
that may arise shall be decided and all other proceedings shall be
conducted as in an ordinary civil action. A judgment of forfeiture
does not require as a condition precedent the conviction of a
defendant of an offense which made the vehicle subject to forfeiture.
The filing of a claim within the time limits specified in paragraph
(3) is considered a jurisdictional prerequisite for the availing of
the action authorized by that paragraph.
(6) All right, title, and interest in the vehicle shall vest in
the state upon commission of the act giving rise to the forfeiture.
(7) The filing fee in paragraph (4) shall be distributed as
follows:
(A) To the county law library fund as provided in Section 6320 of
the Business and Professions Code, the amount specified in Sections
6321 and 6322.1 of the Business and Professions Code.
(B) To the Trial Court Trust Fund, the remainder of the fee.
(f) Any A vehicle impounded that is
not redeemed pursuant to subdivision (d) and is subsequently
forfeited pursuant to this section shall be sold once an order of
forfeiture is issued by the district attorney of the county of the
impounding agency or a court, as the case may be, pursuant to
subdivision (e).
(g) Any A legal owner who is a motor
vehicle dealer, bank, credit union, acceptance corporation, or other
licensed financial institution legally operating in this state, or
the agent of that legal owner, may take possession and conduct the
sale of the forfeited vehicle if the legal owner or agent notifies
the agency impounding the vehicle of its intent to conduct the sale
within 15 days of the mailing of the notice pursuant to subdivision
(e). Sale of the vehicle after forfeiture pursuant to this
subdivision may be conducted at the time, in the manner, and on the
notice usually given for the sale of repossessed or surrendered
vehicles. The proceeds of any sale conducted by or on behalf of the
legal owner shall be disposed of as provided in subdivision (i). A
notice pursuant to this subdivision may be presented in person, by
certified mail, by facsimile transmission, or by electronic mail.
(h) If the legal owner or agent of the owner does not notify the
agency impounding the vehicle of its intent to conduct the sale as
provided in subdivision (g), the agency shall offer the forfeited
vehicle for sale at public auction within 60 days of receiving title
to the vehicle. Low value vehicles shall be disposed of pursuant to
subdivision (k).
(i) The proceeds of a sale of a forfeited vehicle shall be
disposed of in the following priority:
(1) To satisfy the towing and storage costs following impoundment,
the costs of providing notice pursuant to subdivision (e), the costs
of sale, and the unfunded costs of judicial proceedings, if any.
(2) To the legal owner in an amount to satisfy the indebtedness
owed to the legal owner remaining as of the date of sale, including
accrued interest or finance charges and delinquency charges,
providing that the principal indebtedness was incurred prior to the
date of impoundment.
(3) To the holder of any a
subordinate lien or encumbrance on the vehicle, other than a
registered or legal owner, to satisfy any indebtedness so secured if
written notification of demand is received before distribution of the
proceeds is completed. The holder of a subordinate lien or
encumbrance, if requested, shall furnish reasonable proof of its
interest and, unless it does so upon request, is not entitled to
distribution pursuant to this paragraph.
(4) To any other another person,
other than a registered or legal owner, who can reasonably establish
an interest in the vehicle, including a community property interest,
to the extent of his or her provable interest, if written
notification is received before
distribution of the proceeds is completed.
(5) Of the remaining proceeds, funds shall be made available to
pay any local agency and court costs, that are reasonably related to
the implementation of this section, that remain unsatisfied.
(6) Of the remaining proceeds, half shall be transferred to the
Controller for deposit in the Vehicle Inspection and Repair Fund for
the high-polluter repair assistance and removal program created by
Article 9 (commencing with Section 44090) of Chapter 5 of Part 5 of
Division 26 of the Health and Safety Code, and half shall be
transferred to the general fund of the city or county of the
impounding agency, or the city or county where the impoundment
occurred. A portion of the local funds may be used to establish a
reward fund for persons coming forward with information leading to
the arrest and conviction of hit-and-run drivers and to publicize the
availability of the reward fund.
(j) The person conducting the sale shall disburse the proceeds of
the sale as provided in subdivision (i) and shall provide a written
accounting regarding the disposition to the impounding agency and, on
request, to any person entitled to or claiming a share of the
proceeds, within 15 days after the sale is conducted.
(k) If the vehicle to be sold pursuant to this section is not of
the type that can readily be sold to the public generally, the
vehicle shall be conveyed to a licensed dismantler or donated to an
eleemosynary institution. License plates shall be removed from any
vehicle conveyed to a dismantler pursuant to this subdivision.
( l ) No A vehicle shall
not be sold pursuant to this section if the impounding
agency determines the vehicle to have been stolen. In this event, the
vehicle may be claimed by the registered owner at any time after
impoundment, providing the vehicle registration is current and the
registered owner has no outstanding traffic violations or parking
penalties on his or her driving record or on the registration record
of any vehicle registered to the person. If the identity of the legal
and registered owners of the vehicle cannot be reasonably
ascertained, the vehicle may be sold.
(m) Any An owner of a vehicle who
suffers any loss due to the impoundment or forfeiture of any vehicle
pursuant to this section may recover the amount of the loss from the
unlicensed, suspended, or revoked driver. If possession of a vehicle
has been tendered to a business establishment in good faith, and an
unlicensed driver employed or otherwise directed by the business
establishment is the cause of the impoundment of the vehicle, a
registered owner of the impounded vehicle may recover damages for the
loss of use of the vehicle from the business establishment.
(n) (1) The impounding agency, if requested to do so not later
than 10 days after the date the vehicle was impounded, shall provide
the opportunity for a poststorage hearing to determine the validity
of the storage to the persons who were the registered and legal
owners of the vehicle at the time of impoundment, except that the
hearing shall be requested within three days after the date the
vehicle was impounded if personal service was provided to a
registered owner pursuant to paragraph (2) of subdivision (e) and no
mailed notice is required.
(2) The poststorage hearing shall be conducted not later than two
days after the date it was requested. The impounding agency may
authorize its own officer or employee to conduct the hearing if the
hearing officer is not the same person who directed the storage of
the vehicle. Failure of either the registered or legal owner to
request a hearing as provided in paragraph (1) or to attend a
scheduled hearing shall satisfy the poststorage hearing requirement.
(3) The agency employing the person who directed the storage is
responsible for the costs incurred for towing and storage if it is
determined that the driver at the time of impoundment had a valid
driver's license.
(o) As used in this section, "days" means workdays not including
weekends and holidays.
(p) Charges for towing and storage for any vehicle impounded
pursuant to this section shall not exceed the normal towing and
storage rates for other vehicle towing and storage conducted by the
impounding agency in the normal course of business.
(q) The Judicial Council and the Department of Justice may
prescribe standard forms and procedures for implementation of this
section to be used by all jurisdictions throughout the state.
(r) The impounding agency may act as the agent of the state in
carrying out this section.
(s) No A vehicle shall not
be impounded pursuant to this section if the driver has a valid
license but the license is for a class of vehicle other than the
vehicle operated by the driver.
(t) This section does not apply to vehicles subject to Sections
14608 and 14609, if there has been compliance with the procedures in
those sections.
(u) As used in this section, "district attorney" includes a city
attorney charged with the duty of prosecuting misdemeanor offenses.
(v) The agent of a legal owner acting pursuant to subdivision (g)
shall be licensed, or exempt from licensure, pursuant to Chapter 11
(commencing with Section 7500) of Division 3 of the Business and
Professions Code.
SEC. 3. Section 22651.10 is added to the
Vehicle Code , to read:
22651.10. (a) Except for a vehicle driven by a driver with a
revoked or suspended driver's license, a peace officer shall not,
pursuant to subdivision (p) of Section 22651 or any other provision
of this Code, tow and impound, or cause the towing and impoundment
of, a vehicle driven by a person who does not have a valid driver's
license under either of the following circumstances:
(1) The vehicle is legally parked at the scene of the traffic stop
or can be moved to a readily available location near the scene of
the traffic stop where the vehicle can be legally parked, and the
driver signed an agreement releasing and indemnifying the peace
officer and his or her employer from any harm or damage resulting
from the implementation of this paragraph. The peace officer or his
or her employer shall not be liable for any harm or damage resulting
from the implementation of this paragraph.
(2) (A) The control of the vehicle is relinquished to a person in
possession of a valid driver's license who is with the driver at the
time of the traffic stop or who can appear at the scene of the
traffic stop within a reasonable amount of time of the traffic stop.
(B) If a licensed driver is not present at the time of the traffic
stop, the peace officer shall inform the driver of the vehicle that
the vehicle will not be towed and impounded if a licensed driver can
retrieve the vehicle within a reasonable amount of time after the
traffic stop.
(C) The peace officer, in his or her discretion, may allow a
licensed driver who appears after a reasonable time period to
retrieve the vehicle if the vehicle has not been towed into a lane of
traffic by an authorized towing company.
(D) If the driver of the vehicle does not have any means of
communication to contact a licensed driver to retrieve the vehicle,
the peace officer, in his or her discretion and subject to available
resources, may assist the driver in contacting the licensed driver.
(E) Prior to assuming control over the vehicle, the licensed
driver shall provide evidence of financial responsibility as required
pursuant to Section 16020.
(F) Prior to the relinquishing control of a vehicle, the
registered owner of the vehicle shall authorize the licensed driver
to operate the vehicle or, if the registered owner is unavailable and
the vehicle is not reported stolen, the driver of the vehicle shall
authorize the licensed driver to operate the vehicle and shall sign
an agreement to hold harmless the peace officer and his or her
employer. The peace officer and his or her employer shall not be
liable for any harm or damage resulting from the operation of the
vehicle by the licensed driver.
(b) (1) Prior to the towing and impoundment of a vehicle driven by
a person who has never been issued a driver's license, the peace
officer shall obtain approval from a supervisory officer.
(2) The peace officer shall include in the incident report the
reasons for, and the name of the supervisory officer who approved,
the towing and impoundment.
(c) A vehicle driven by a person who has never been issued a
driver's license, which is impounded, shall be released pursuant to
subdivision (p) of Section 22651.
SEC. 4. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 22651 of the Vehicle Code is
amended to read:
22651. A peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, or a
regularly employed and salaried employee, who is engaged in directing
traffic or enforcing parking laws and regulations, of a city,
county, or jurisdiction of a state agency in which a vehicle is
located, may remove a vehicle located within the territorial limits
in which the officer or employee may act, under the following
circumstances:
(a) When a vehicle is left unattended upon a bridge, viaduct, or
causeway or in a tube or tunnel where the vehicle constitutes an
obstruction to traffic.
(b) When a vehicle is parked or left standing upon a highway in a
position so as to obstruct the normal movement of traffic or in a
condition so as to create a hazard to other traffic upon the highway.
(c) When a vehicle is found upon a highway or public land and a
report has previously been made that the vehicle is stolen or a
complaint has been filed and a warrant based on the complaint is
issued charging that the vehicle was embezzled.
(d) When a vehicle is illegally parked so as to block the entrance
to a private driveway and it is impractical to move the vehicle from
in front of the driveway to another point on the highway.
(e) When a vehicle is illegally parked so as to prevent access by
firefighting equipment to a fire hydrant and it is impracticable to
move the vehicle from in front of the fire hydrant to another point
on the highway.
(f) When a vehicle, except highway maintenance or construction
equipment, is stopped, parked, or left standing for more than four
hours upon the right-of-way of a freeway that has full control of
access and no crossings at grade and the driver, if present, cannot
move the vehicle under its own power.
(g) When the person in charge of a vehicle upon a highway or
public land is, by reason of physical injuries or illness,
incapacitated to an extent so as to be unable to provide for its
custody or removal.
(h) (1) When an officer arrests a person driving or in control of
a vehicle for an alleged offense and the officer is, by this code or
other law, required or permitted to take, and does take, the person
into custody.
(2) When an officer serves a notice of an order of suspension or
revocation pursuant to Section 13388 or 13389.
(i) (1) When a vehicle, other than a rented vehicle, is found upon
a highway or public land, or is removed pursuant to this code, and
it is known that the vehicle has been issued five or more notices of
parking violations to which the owner or person in control of the
vehicle has not responded within 21 calendar days of notice of
citation issuance or citation issuance or 14 calendar days of the
mailing of a notice of delinquent parking violation to the agency
responsible for processing notices of parking violations, or the
registered owner of the vehicle is known to have been issued five or
more notices for failure to pay or failure to appear in court for
traffic violations for which a certificate has not been issued by the
magistrate or clerk of the court hearing the case showing that the
case has been adjudicated or concerning which the registered owner's
record has not been cleared pursuant to Chapter 6 (commencing with
Section 41500) of Division 17, the vehicle may be impounded until
that person furnishes to the impounding law enforcement agency all of
the following:
(A) Evidence of his or her identity that may include a matricula
consular, passport, birth certificate, or other similar document.
(B) An address within this state at which he or she can be
located.
(C) Satisfactory evidence that all parking penalties due for the
vehicle and all other vehicles registered to the registered owner of
the impounded vehicle, and all traffic violations of the registered
owner, have been cleared.
(2) The requirements in subparagraph (C) of paragraph (1) shall be
fully enforced by the impounding law enforcement agency on and after
the time that the Department of Motor Vehicles is able to provide
access to the necessary records.
(3) A notice of parking violation issued for an unlawfully parked
vehicle shall be accompanied by a warning that repeated violations
may result in the impounding of the vehicle. In lieu of furnishing
satisfactory evidence that the full amount of parking penalties or
bail has been deposited, that person may demand to be taken without
unnecessary delay before a magistrate, for traffic offenses, or a
hearing examiner, for parking offenses, within the county in which
the offenses charged are alleged to have been committed and who has
jurisdiction of the offenses and is nearest or most accessible with
reference to the place where the vehicle is impounded. Evidence of
current registration shall be produced after a vehicle has been
impounded, or, at the discretion of the impounding law enforcement
agency, a notice to appear for violation of subdivision (a) of
Section 4000 shall be issued to that person.
(4) A vehicle shall be released to the legal owner, as defined in
Section 370, if the legal owner does all of the following:
(A) Pays the cost of towing and storing the vehicle.
(B) Submits evidence of payment of fees as provided in Section
9561.
(C) Completes an affidavit in a form acceptable to the impounding
law enforcement agency stating that the vehicle was not in possession
of the legal owner at the time of occurrence of the offenses
relating to standing or parking. A vehicle released to a legal owner
under this subdivision is a repossessed vehicle for purposes of
disposition or sale. The impounding agency shall have a lien on any
surplus that remains upon sale of the vehicle to which the registered
owner is or may be entitled, as security for the full amount of the
parking penalties for all notices of parking violations issued for
the vehicle and for all local administrative charges imposed pursuant
to Section 22850.5. The legal owner shall promptly remit to, and
deposit with, the agency responsible for processing notices of
parking violations from that surplus, on receipt of that surplus, the
full amount of the parking penalties for all notices of parking
violations issued for the vehicle and for all local administrative
charges imposed pursuant to Section 22850.5.
(5) The impounding agency that has a lien on the surplus that
remains upon the sale of a vehicle to which a registered owner is
entitled pursuant to paragraph (4) has a deficiency claim against the
registered owner for the full amount of the parking penalties for
all notices of parking violations issued for the vehicle and for all
local administrative charges imposed pursuant to Section 22850.5,
less the amount received from the sale of the vehicle.
(j) When a vehicle is found illegally parked and there are no
license plates or other evidence of registration displayed, the
vehicle may be impounded until the owner or person in control of the
vehicle furnishes the impounding law enforcement agency evidence of
his or her identity and an address within this state at which he or
she can be located.
(k) When a vehicle is parked or left standing upon a highway for
72 or more consecutive hours in violation of a local ordinance
authorizing removal.
(l) When a vehicle is illegally parked on a highway in violation
of a local ordinance forbidding standing or parking and the use of a
highway, or a portion thereof, is necessary for the cleaning, repair,
or construction of the highway, or for the installation of
underground utilities, and signs giving notice that the vehicle may
be removed are erected or placed at least 24 hours prior to the
removal by a local authority pursuant to the ordinance.
(m) When the use of the highway, or a portion of the highway, is
authorized by a local authority for a purpose other than the normal
flow of traffic or for the movement of equipment, articles, or
structures of unusual size, and the parking of a vehicle would
prohibit or interfere with that use or movement, and signs giving
notice that the vehicle may be removed are erected or placed at least
24 hours prior to the removal by a local authority pursuant to the
ordinance.
(n) Whenever a vehicle is parked or left standing where local
authorities, by resolution or ordinance, have prohibited parking and
have authorized the removal of vehicles. Except as provided in
subdivisions (v) and (w), a vehicle shall not be removed unless signs
are posted giving notice of the removal.
(o) (1) When a vehicle is found or operated upon a highway, public
land, or an offstreet parking facility under the following
circumstances:
(A) With a registration expiration date in excess of six months
before the date it is found or operated on the highway, public lands,
or the offstreet parking facility.
(B) Displaying in, or upon, the vehicle, a registration card,
identification card, temporary receipt, license plate, special plate,
registration sticker, device issued pursuant to Section 4853, or
permit that was not issued for that vehicle, or is not otherwise
lawfully used on that vehicle under this code.
(C) Displaying in, or upon, the vehicle, an altered, forged,
counterfeit, or falsified registration card, identification card,
temporary receipt, license plate, special plate, registration
sticker, device issued pursuant to Section 4853, or permit.
(2) When a vehicle described in paragraph (1) is occupied, only a
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3) For the purposes of this subdivision, the vehicle shall be
released under either of the following circumstances:
(A) To the registered owner or person in control of the vehicle
only after the owner or person furnishes the storing law enforcement
agency with proof of current registration and a currently valid
driver's license to operate the vehicle.
(B) To the legal owner or the legal owner's agency, without
payment of any fees, fines, or penalties for parking tickets or
registration and without proof of current registration, if the
vehicle will only be transported pursuant to the exemption specified
in Section 4022 and if the legal owner does all of the following:
(i) Pays the cost of towing and storing the vehicle.
(ii) Completes an affidavit in a form acceptable to the impounding
law enforcement agency stating that the vehicle was not in
possession of the legal owner at the time of occurrence of an offense
relating to standing or parking. A vehicle released to a legal owner
under this subdivision is a repossessed vehicle for purposes of
disposition or sale. The impounding agency has a lien on any surplus
that remains upon sale of the vehicle to which the registered owner
is or may be entitled, as security for the full amount of parking
penalties for any notices of parking violations issued for the
vehicle and for all local administrative charges imposed pursuant to
Section 22850.5. Upon receipt of any surplus, the legal owner shall
promptly remit to, and deposit with, the agency responsible for
processing notices of parking violations from that surplus, the full
amount of the parking penalties for all notices of parking violations
issued for the vehicle and for all local administrative charges
imposed pursuant to Section 22850.5.
(4) The impounding agency that has a lien on the surplus that
remains upon the sale of a vehicle to which a registered owner is
entitled has a deficiency claim against the registered owner for the
full amount of parking penalties for any notices of parking
violations issued for the vehicle and for all local administrative
charges imposed pursuant to Section 22850.5, less the amount received
from the sale of the vehicle.
(5) As used in this subdivision, "offstreet parking facility"
means an offstreet facility held open for use by the public for
parking vehicles and includes a publicly owned facility for offstreet
parking, and a privately owned facility for offstreet parking if a
fee is not charged for the privilege to park and it is held open for
the common public use of retail customers.
(p) When the peace officer issues the driver of a vehicle a notice
to appear for a violation of Section 12500, 14601, 14601.1, 14601.2,
14601.3, 14601.4, 14601.5, or 14604 and the vehicle is not impounded
pursuant to Section 22655.5. A vehicle so removed from the highway
or public land, or from private property after having been on a
highway or public land, shall not be released to the registered owner
or his or her agent, except upon presentation of the registered
owner's or his or her agent's currently valid driver's license to
operate the vehicle and proof of current vehicle registration, or
upon order of a court.
(q) When a vehicle is parked for more than 24 hours on a portion
of highway that is located within the boundaries of a common interest
development, as defined in subdivision (c) of Section 1351 of the
Civil Code, and signs, as required by paragraph (1) of subdivision
(a) of Section 22658 of this code, have been posted on that portion
of highway providing notice to drivers that vehicles parked thereon
for more than 24 hours will be removed at the owner's expense,
pursuant to a resolution or ordinance adopted by the local authority.
(r) When a vehicle is illegally parked and blocks the movement of
a legally parked vehicle.
(s) (1) When a vehicle, except highway maintenance or construction
equipment, an authorized emergency vehicle, or a vehicle that is
properly permitted or otherwise authorized by the Department of
Transportation, is stopped, parked, or left standing for more than
eight hours within a roadside rest area or viewpoint.
(2) Notwithstanding paragraph (1), when a commercial motor
vehicle, as defined in paragraph (1) of subdivision (b) of Section
15210, is stopped, parked, or left standing for more than 10 hours
within a roadside rest area or viewpoint.
(3) For purposes of this subdivision, a roadside rest area or
viewpoint is a publicly maintained vehicle parking area, adjacent to
a highway, utilized for the convenient, safe stopping of a vehicle to
enable motorists to rest or to view the scenery. If two or more
roadside rest areas are located on opposite sides of the highway, or
upon the center divider, within seven miles of each other, then that
combination of rest areas is considered to be the same rest area.
(t) When a peace officer issues a notice to appear for a violation
of Section 25279.
(u) When a peace officer issues a citation for a violation of
Section 11700 and the vehicle is being offered for sale.
(v) (1) When a vehicle is a mobile billboard advertising display,
as defined in Section 395.5, and is parked or left standing
in violation of a local
resolution or ordinance adopted pursuant to subdivision (m) of
Section 21100, if the registered owner of the vehicle was previously
issued a warning citation for the same offense, pursuant to paragraph
(2).
(2) Notwithstanding subdivision (a) of Section 22507, a city or
county, in lieu of posting signs noticing a local ordinance
prohibiting mobile billboard advertising displays adopted pursuant to
subdivision (m) of Section 21100, may provide notice by issuing a
warning citation advising the registered owner of the vehicle that he
or she may be subject to penalties upon a subsequent violation of
the ordinance, that may include the removal of the vehicle as
provided in paragraph (1). A city or county is not required to
provide further notice for a subsequent violation prior to the
enforcement of penalties for a violation of the ordinance.
(w) (1) When a vehicle is parked or left standing in violation of
a local ordinance or resolution adopted pursuant to subdivision (p)
of Section 21100, if the registered owner of the vehicle was
previously issued a warning citation for the same offense, pursuant
to paragraph (2).
(2) Notwithstanding subdivision (a) of Section 22507, a city or
county, in lieu of posting signs noticing a local ordinance
regulating advertising signs adopted pursuant to subdivision (p) of
Section 21100, may provide notice by issuing a warning citation
advising the registered owner of the vehicle that he or she may be
subject to penalties upon a subsequent violation of the ordinance
that may include the removal of the vehicle as provided in paragraph
(1). A city or county is not required to provide further notice for a
subsequent violation prior to the enforcement of penalties for a
violation of the ordinance.
