Bill Text: CA AB2392 | 2017-2018 | Regular Session | Amended
Bill Title: Vehicles: towing and storage.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-09-17 - Chaptered by Secretary of State - Chapter 434, Statutes of 2018. [AB2392 Detail]
Download: California-2017-AB2392-Amended.html
Amended
IN
Assembly
April 16, 2018 |
Assembly Bill | No. 2392 |
Introduced by Assembly Member Santiago |
February 14, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would shorten this period to the first 5 days, and beyond the first 5 days, only for any time after 3 days have lapsed after written notification has been made to the legal owner, as specified. The bill would also require notification to be made to the insurer of the vehicle if notification of the legal owner is not successful and that insurer is known.
By expanding the scope of consumer protections for towing and storage customers, the violation of which is an infraction, this bill would create 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
(a)Whenever the name and address of the legal owner of a motor vehicle is known, or may be ascertained from the registration records in the vehicle or from the records of the Department of Motor Vehicles, no fee or service charge may be imposed upon the legal owner for the parking and storage of the motor vehicle except as follows: (1) The first five days of possession and (2) following that five-day period, the period commencing three days after written notice is sent by the person in possession to the legal owner by certified mail, return receipt requested, and continuing for a period not to exceed any applicable time limit set forth in Section 3068 or 3068.1 of the Civil Code.
(b)If notification pursuant to
subdivision (a) is not successful or is not able to be made, and the insurer of the vehicle is known, or may be ascertained from the insurance records in the vehicle or from the records of the Department of Motor Vehicles, no fee or service charge may be imposed from the time this subdivision is applicable until notification is made.
(c)The costs of notifying the legal owner may be charged as part of the storage fee when the motor vehicle has been stored for an indefinite period of time and notice is given no sooner than the third day of possession. This subdivision also applies if the legal owner refuses to claim possession of the motor vehicle.
(d)
In any action brought by, or on behalf of, a legal owner of a motor vehicle to which subdivision (a) or (b) applies, to recover a motor vehicle alleged to be withheld by the person in possession of the motor vehicle by demanding storage fees or charges for any number of days in excess of that permitted pursuant to subdivision (a) or (b), the prevailing party shall be entitled to reasonable attorney’s fees, not to exceed one thousand seven hundred fifty dollars ($1,750). The recovery of those fees is in addition to any other right,
remedy, or cause of action of that party.
(e)
This section is not applicable to any motor vehicle stored by a levying officer acting under the authority of judicial process.
SECTION 1.
Section 10652.5 of the Vehicle Code is amended to read:10652.5.
(a) Whenever the name and address of the legal owner of a motor vehicle is known, or may be ascertained from the registration records in the vehicle or from the records of the Department of Motor Vehicles, no fee or service charge may be imposed upon the legal owner for the parking and storage of the motor vehicle except as follows: (1) The first 15 days of possession and (2) following that 15-day period, the period commencing three days after written notice is sent by the person in possession to the legal owner by certified mail, return receipt requested, and continuing for a period not to exceed any applicable time limit set forth in Section 3068 or 3068.1 of the Civil Code.(d)
SEC. 2.
Section 22524.5 of the Vehicle Code is amended to read:22524.5.
(a) Any insurer that is responsible for coverage for ordinary and reasonable towing and storage charges under an automobile insurance policy to an insured or on behalf of an insured to a valid claimant, is liable for those charges to the person performing those services when a vehicle is towed and stored as a result of an accident or stolen recovery. The insurer may discharge the obligation by making payment to the person performing the towing and storage services or to the insured or on behalf of the insured to the claimant.(3)
SEC. 3.
Section 22651.07 of the Vehicle Code is amended to read:22651.07.
(a) A person, including a law enforcement agency, city, county, city and county, the state, a tow yard, storage facility, or an impounding yard, that charges for towing or storage, or both, shall do all of the following:(e)Upon payment of any towing, recovery, or storage-related fees due, and upon presentation of any required releases and satisfactory evidence of authority to take possession of the vehicle, a vehicle shall be released without delay to the owner, owner’s agent, or insurer.
(f)
Towing and Storage Fees and Access Notice |
Note: The following information is intended to serve as a general summary of some of the laws that provide vehicle owners certain rights when their vehicle is towed. It is not intended to summarize all of the laws that may be applicable nor is it intended to fully and completely state the entire law in any area listed. Please review the applicable California code for a definitive statement of the law in your particular situation. |
How much can a towing company charge? |
Rates for public tows and storage are generally established by an agreement between the law enforcement agency requesting the tow and the towing company (to confirm the approved rates, you may contact the law enforcement agency
that initiated the tow; additionally, these rates are required to be posted at the storage facility). |
Rates for private property tows and storage cannot exceed the approved rates for the law enforcement agency that has primary jurisdiction for the property from which the vehicle was removed or the towing company’s approved CHP rate. |
Rates for owner’s request tows and storage are generally established by mutual agreement between the requestor and the towing company, but may be dictated by agreements established between the requestor’s motor club and motor club service provider. |
Where can you complain about a towing company? |
For public tows: Contact the law enforcement agency initiating the tow. |
Your rights if your vehicle is towed: |
Generally, prior to paying any towing and storage-related fees you have the right to: |
● Receive an itemized invoice of actual charges. |
● Receive your personal property, at no charge, during normal business hours. |
● Retrieve your vehicle during the first 72 hours of storage and not pay a lien fee. |
● Request a copy of the Towing
and Storage
Fees and Access Notice. |
● Pay by |
● Inspect your ● Have your insurance carrier inspect your vehicle at the storage facility, at no charge, for a period that may not be restricted to less than |
You and your insurance company or the insurance company representative have the right to have the vehicle released immediately upon (1) payment of all towing and storage-related fees, (2) presentation of a valid photo identification, (3) presentation of reliable documentation
showing that you are the owner, insured, or insurer of the vehicle or that the owner has authorized you to take possession of the vehicle, and (4), if applicable, in the case of a fatality or crime, presentation of any required police or law enforcement release documents. |
Prior to your vehicle being repaired: |
● You have the right to choose the repair facility and to have no repairs made to your vehicle unless you authorize them in writing. |
● Any authorization you sign for towing and any authorization you sign for repair must be on separate forms. |
What if I do not pay the towing and storage-related fees or abandon my vehicle at the towing company? |
Pursuant to Sections 3068.1 to 3074, inclusive, of the Civil Code, a towing company may sell your vehicle and any moneys received will be applied to towing and storage-related fees that have accumulated against your vehicle. |
You are responsible for paying the towing company any outstanding balance due on any of these fees once the sale is complete. |
Who is liable if my vehicle was damaged during towing or storage? |
Generally the owner of a vehicle may recover for any damage
to the vehicle resulting from any intentional or negligent act of a person causing the removal of, or removing, the vehicle. |
What happens if a towing company violates the law? |
If a tow company does not satisfactorily meet certain requirements detailed in this notice, you may bring a lawsuit in court, generally in small claims court. The tower may be civilly liable for damages up to two times the amount charged, not to exceed $500, and possibly more for certain violations. |
(g)
(h)
(i)
(j)
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.