AB 2167: Vehicles: towed vehicles.

Existing law requires a business taking possession of a vehicle from a tow truck to document specified information, including the make, model, and license plate or vehicle identification number of the vehicle. Existing law requires a business taking possession of a vehicle to obtain the specified information from the towing company the next day if the vehicle was dropped off after hours. Existing law requires the information to be maintained for 3 years and to be made available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, a sheriffs department, the Department of the California Highway Patrol, the Attorney Generals office, the Bureau of Automotive Repair, a district attorneys office, or a city attorneys office. A willful violation of these requirements is a misdemeanor, as specified.

This bill would specify that a business is required to document the specified information described above when it takes possession of a vehicle from a tow truck during hours the business is open to the public and would also authorize the business to document the tow truck drivers identification number, as specified, or another government authorized unique identifier of the tow truck operator. The bill would require a business taking possession of a vehicle from a tow truck when the business is closed to the public to document the make, model, and license plate or vehicle identification number of the vehicle and the date and time that the business first observed the vehicle on its property. A business taking possession of a vehicle from a tow truck when the business is closed to the public would also be required to make reasonable efforts to contact the towing company and the vehicles owner or operator to document specified information from the towing company. The bill would delete the requirement that a business taking possession of a vehicle from a tow truck when the business is closed obtain specified information from the towing company by the next day.

Existing law makes it a misdemeanor for a towing company or the owner or operator of a tow truck to stop or cause a person to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, to furnish towing services, to move a vehicle when the vehicle has been left unattended or when there is an injury as the result of an accident, or to accrue charges for services furnished under those circumstances, unless requested or summoned to perform that service. Existing law requires a towing company or the owner or operator of a tow truck to possess specified information in writing about the disabled vehicle. Existing law requires the information to be maintained for 3 years and to be made available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, a sheriffs department, the Department of the California Highway Patrol, the Attorney Generals office, a district attorneys office, or a city attorneys office.

This bill would require a towing company or the owner or operator of a tow truck to possess specified information in writing about the disabled vehicle and to maintain that information, as specified when it alleges it was requested or summoned to the scene.