AB 2167: Vehicles: towed vehicles.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-23
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.
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.
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 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 instead require a business to obtain the specified information described above from the towing company on the next business day if a vehicle was dropped off after hours. The bill would also authorize a business taking possession of a vehicle from a tow truck to document the tow truck drivers identification number, as specified, or another government authorized unique identifier of the tow truck operator.
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.
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 agency agent of a police department, a sheriffs department, the Department of the California Highway Patrol, the Attorney Generals, 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 instead require a business to obtain the specified information described above from the towing company on the next business day if a vehicle was dropped off after hours. The bill would also authorize a business taking possession of a vehicle from a tow truck to document the tow truck drivers identification number, as specified, or another government authorized unique identifier of the tow truck operator.
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 agency of a police department, sheriffs department, the Department of the California Highway Patrol, the Attorney Generals, 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 instead require a business to obtain the specified information described above from the towing company on the next business day if a vehicle was dropped off after hours.
Existing law establishes the Department of Transportation and the California Transportation Commission and provides that the department has full possession and control of all state highways and all property and rights in property acquired for state highway purposes and authorizes and directs the department to lay out and construct all state highways between the termini designated by law and on the locations as determined by the commission.
This bill would make technical, nonsubstantive changes to these provisions.
Existing law establishes the Department of Transportation and the California Transportation Commission and provides that the department has full possession and control of all state highways and all property and rights in property acquired for state highway purposes and authorizes and directs the department to lay out and construct all state highways between the termini designated by law and on the locations as determined by the commission.
This bill would make technical, nonsubstantive changes to these provisions.
(a)(1)It is 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, either directly or indirectly, to furnish towing services, to move 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, or to accrue charges for services furnished under those circumstances, unless requested to perform that service by a law enforcement officer or public agency pursuant to that agencys procedures, or unless summoned to the scene or requested to stop by the owner or operator of a disabled vehicle.
(2)(A)A towing company or the owner or operator of a tow truck summoned, or alleging it was summoned, to the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing prior to arriving at the scene:
(i)The first and last name and working telephone number of the person who summoned it to the scene.
(ii)The make, model, year, and license plate number of the disabled vehicle.
(iii)The date and time it was summoned to the scene.
(iv)The name of the person who obtained the information in clauses (i), (ii), and (iii).
(B)A towing company or the owner or operator of a tow truck summoned, or alleging it was summoned, to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle is exempt from the requirements of subparagraph (A), provided it possesses all of the following information in writing prior to arriving at the scene:
(i)The business name of the motor club.
(ii)The identification number the motor club assigns to the referral.
(iii)The date and time it was summoned to the scene by the motor club.
(3)A towing company or the owner or operator of a tow truck requested, or alleging it was requested, to stop at the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing upon arriving at the scene:
(A)The first and last name and working telephone number of the person who requested the stop.
(B)The make, model, and license plate number, if one is displayed, of the disabled vehicle.
(C)The date and time it was requested to stop.
(D)The name of the person who obtained the information in subparagraphs (A), (B), and (C).
(4)A towing company or the owner or operator of a tow truck summoned or requested, or alleging it was summoned or requested, by a law enforcement officer or public agency pursuant to that agencys procedures 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, to furnish towing services, or that is expressly authorized to move 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, shall possess all of the following in writing before leaving the scene:
(A)The identity of the law enforcement agency or public agency.
(B)The log number, call number, incident number, or dispatch number assigned to the incident by law enforcement or the public agency, or the surname and badge number of the law enforcement officer, or the surname and employee identification number of the public agency employee.
(C)The date and time of the summons, request, or express authorization.
(5)For purposes of this section, writing includes electronic records.
(b)The towing company or the owner or operator of a tow truck shall make the written information described in subdivision (a) 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, and shall maintain that information for three years. The towing company or owner or operator of a tow truck shall make that information available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriffs department, the Department of the California Highway Patrol, the Attorney Generals office, a district attorneys office, or a city attorneys office.
(c)(1)Prior to attaching a vehicle to the tow truck, if the vehicle owner or operator is present at the time and location of the anticipated tow, the towing company or the owner or operator of the tow truck shall furnish the vehicles owner or operator with a written itemized estimate of all charges and services to be performed. The estimate shall include all of the following:
(A)The name, address, telephone number, and motor carrier permit number of the towing company.
(B)The license plate number of the tow truck performing the tow.
(C)The first and last name of the towing operator, and if different than the towing operator, the first and last name of the person from the towing company furnishing the estimate.
(D)A description and cost for all services, including, but not limited to, charges for labor, special equipment, mileage from dispatch to return, and storage fees, expressed as a 24-hour rate.
(2)The tow truck operator shall obtain the vehicle owner or operators signature on the itemized estimate and shall furnish a copy to the person who signed the estimate.
(3)The requirements in paragraph (1) may be completed after the vehicle is attached and removed to the nearest safe shoulder or street if done at the request of law enforcement or a public agency, provided the estimate is furnished prior to the removal of the vehicle from the nearest safe shoulder or street.
(4)The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make them available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriffs department, the Department of the California Highway Patrol, the Attorney Generals office, a district attorneys office, or a city attorneys office.
(5)This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle.
(6)This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by law enforcement or a public agency pursuant to that agencys procedures, and operating at the scene pursuant to a contract with that law enforcement agency or public agency.
(d)(1)Except as provided in paragraph (2), a towing company or the owner or operator of a tow truck shall not charge a fee for towing or storage, or both, of a vehicle in excess of the greater of the following:
(A)The fee that would have been charged for that towing or storage, or both, made at the request of a law enforcement agency under an agreement between a towing company and the law enforcement agency that exercises primary jurisdiction in the city in which the vehicle was, or was attempted to be, removed, or if not located within a city, the law enforcement agency that exercises primary jurisdiction in the county in which the vehicle was, or was attempted to be, removed.
(B)The fee that would have been charged for that towing or storage, or both, under the rate approved for that towing operator by the Department of the California Highway Patrol for the jurisdiction from which the vehicle was, or was attempted to be, removed.
(2)Paragraph (1) does not apply to the towing or transportation of a vehicle or temporary storage of a vehicle in transit, if the towing or transportation is performed with the prior consent of the owner or operator of the vehicle.
(3)No charge shall be made in excess of the estimated price without the prior consent of the vehicle owner or operator.
(4)All services rendered by a tow company or tow truck operator, including any warranty or zero cost services, shall be recorded on an invoice, as described in subdivision (e) of Section 22651.07. The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make the documents available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriffs department, the Department of the California Highway Patrol, the Attorney Generals office, a district attorneys office, or a city attorneys office.
(e)A person who willfully violates subdivision (b), (c), or (d) is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.
(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 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 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 of the Vehicle Code is amended to read:22513.1.(a)(1)A business taking possession of a vehicle from a tow truck during hours the business is open to the public shall document all of the following:
(A)The name, address, and telephone number of the towing company.
(B)The name and drivers license number, drivers identification number issued by a motor club, as defined in Section 12142 of the Insurance Code, or other government authorized unique identifier of the tow truck operator.
(C)The make, model, and license plate or Vehicle Identification Number.
(D)The date and time that possession was taken of the vehicle.
(2)For purposes of subparagraph (B) of paragraph (1), if a tow truck operator refuses to provide information described in subparagraph (B) of paragraph (1) to a new motor vehicle dealer, as defined in Section 426, a new motor vehicle dealer is in compliance with this section if the new motor vehicle dealer documents the reasonable efforts made to obtain this information from the tow truck operator.
(b)A business taking possession of a vehicle from a tow truck when the business is closed to the public shall document all of the following:
(1)The make, model, and license plate or vehicle identification number.
(2)The date and time that the business first observed the vehicle on its property.
(3)The reasonable effort made by the business to contact the towing company, if identifying information was left with the vehicle, and the vehicles owner or operator to obtain and document both of the following:
(A)The name, address, and telephone number of the towing company.
(B)The name and drivers license number, drivers identification number issued by a motor club, as defined in Section 12142 of the Insurance Code, or other government authorized unique identifier of the tow truck operator.
(c)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, 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.
(d)For purposes of this section, a new motor vehicle dealer, as defined in Section 426, is not open to the public during hours its repair shop is closed to the public.
(e)A person who willfully violates this section is guilty of a misdemeanor, and is punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.
(a)(1)It is 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, either directly or indirectly, to furnish towing services, to move 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, or to accrue charges for services furnished under those circumstances, unless requested to perform that service by a law enforcement officer or public agency pursuant to that agencys procedures, or unless summoned to the scene or requested to stop by the owner or operator of a disabled vehicle.
(2)(A)A towing company or the owner or operator of a tow truck summoned, or alleging it was summoned, to the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing prior to arriving at the scene:
(i)The first and last name and working telephone number of the person who summoned it to the scene.
(ii)The make, model, year, and license plate number of the disabled vehicle.
(iii)The date and time it was summoned to the scene.
(iv)The name of the person who obtained the information in clauses (i), (ii), and (iii).
(B)A towing company or the owner or operator of a tow truck summoned, or alleging it was summoned, to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle is exempt from the requirements of subparagraph (A), provided it possesses all of the following information in writing prior to arriving at the scene:
(i)The business name of the motor club.
(ii)The identification number the motor club assigns to the referral.
(iii)The date and time it was summoned to the scene by the motor club.
(3)A towing company or the owner or operator of a tow truck requested, or alleging it was requested, to stop at the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing upon arriving at the scene:
(A)The first and last name and working telephone number of the person who requested the stop.
(B)The make, model, and license plate number, if one is displayed, of the disabled vehicle.
(C)The date and time it was requested to stop.
(D)The name of the person who obtained the information in subparagraphs (A), (B), and (C).
(4)A towing company or the owner or operator of a tow truck summoned or requested, or alleging it was summoned or requested, by a law enforcement officer or public agency pursuant to that agencys procedures 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, to furnish towing services, or that is expressly authorized to move 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, shall possess all of the following in writing before leaving the scene:
(A)The identity of the law enforcement agency or public agency.
(B)The log number, call number, incident number, or dispatch number assigned to the incident by law enforcement or the public agency, or the surname and badge number of the law enforcement officer, or the surname and employee identification number of the public agency employee.
(C)The date and time of the summons, request, or express authorization.
(5)For purposes of this section, writing includes electronic records.
(b)The towing company or the owner or operator of a tow truck shall make the written information described in subdivision (a) 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, and shall maintain that information for three years. The towing company or owner or operator of a tow truck shall make that information available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriffs department, the Department of the California Highway Patrol, the Attorney Generals office, a district attorneys office, or a city attorneys office.
(c)(1)Prior to attaching a vehicle to the tow truck, if the vehicle owner or operator is present at the time and location of the anticipated tow, the towing company or the owner or operator of the tow truck shall furnish the vehicles owner or operator with a written itemized estimate of all charges and services to be performed. The estimate shall include all of the following:
(A)The name, address, telephone number, and motor carrier permit number of the towing company.
(B)The license plate number of the tow truck performing the tow.
(C)The first and last name of the towing operator, and if different than the towing operator, the first and last name of the person from the towing company furnishing the estimate.
(D)A description and cost for all services, including, but not limited to, charges for labor, special equipment, mileage from dispatch to return, and storage fees, expressed as a 24-hour rate.
(2)The tow truck operator shall obtain the vehicle owner or operators signature on the itemized estimate and shall furnish a copy to the person who signed the estimate.
(3)The requirements in paragraph (1) may be completed after the vehicle is attached and removed to the nearest safe shoulder or street if done at the request of law enforcement or a public agency, provided the estimate is furnished prior to the removal of the vehicle from the nearest safe shoulder or street.
(4)The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make them available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriffs department, the Department of the California Highway Patrol, the Attorney Generals office, a district attorneys office, or a city attorneys office.
(5)This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle.
(6)This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by law enforcement or a public agency pursuant to that agencys procedures, and operating at the scene pursuant to a contract with that law enforcement agency or public agency.
(d)(1)Except as provided in paragraph (2), a towing company or the owner or operator of a tow truck shall not charge a fee for towing or storage, or both, of a vehicle in excess of the greater of the following:
(A)The fee that would have been charged for that towing or storage, or both, made at the request of a law enforcement agency under an agreement between a towing company and the law enforcement agency that exercises primary jurisdiction in the city in which the vehicle was, or was attempted to be, removed, or if not located within a city, the law enforcement agency that exercises primary jurisdiction in the county in which the vehicle was, or was attempted to be, removed.
(B)The fee that would have been charged for that towing or storage, or both, under the rate approved for that towing operator by the Department of the California Highway Patrol for the jurisdiction from which the vehicle was, or was attempted to be, removed.
(2)Paragraph (1) does not apply to the towing or transportation of a vehicle or temporary storage of a vehicle in transit, if the towing or transportation is performed with the prior consent of the owner or operator of the vehicle.
(3)No charge shall be made in excess of the estimated price without the prior consent of the vehicle owner or operator.
(4)All services rendered by a tow company or tow truck operator, including any warranty or zero cost services, shall be recorded on an invoice, as described in subdivision (e) of Section 22651.07. The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make the documents available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriffs department, the Department of the California Highway Patrol, the Attorney Generals office, a district attorneys office, or a city attorneys office.
(e)A person who willfully violates subdivision (b), (c), or (d) is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.
(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 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 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 of the Vehicle Code is amended to read:22513.1.(a)(1)A business taking possession of a vehicle from a tow truck during hours the business is open to the public shall document all of the following:
(A)The name, address, and telephone number of the towing company.
(B)The name and drivers license number, drivers identification number issued by a motor club, as defined in Section 12142 of the Insurance Code, or other government authorized unique identifier of the tow truck operator.
(C)The make, model, and license plate or Vehicle Identification Number.
(D)The date and time that possession was taken of the vehicle.
(2)For purposes of subparagraph (B) of paragraph (1), if a tow truck operator refuses to provide information described in subparagraph (B) of paragraph (1) to a new motor vehicle dealer, as defined in Section 426, a new motor vehicle dealer is in compliance with this section if the new motor vehicle dealer documents the reasonable efforts made to obtain this information from the tow truck operator.
(b)A business taking possession of a vehicle from a tow truck when the business is closed to the public shall document all of the following:
(1)The make, model, and license plate or vehicle identification number.
(2)The date and time that the business first observed the vehicle on its property.
(3)The reasonable effort made by the business to contact the towing company, if identifying information was left with the vehicle, and the vehicles owner or operator to obtain and document both of the following:
(A)The name, address, and telephone number of the towing company.
(B)The name and drivers license number, drivers identification number issued by a motor club, as defined in Section 12142 of the Insurance Code, or other government authorized unique identifier of the tow truck operator.
(c)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, 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.
(d)For purposes of this section, a new motor vehicle dealer, as defined in Section 426, is not open to the public during hours its repair shop is closed to the public.
(e)A person who willfully violates this section is guilty of a misdemeanor, and is punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.
(a)(1)It is 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, either directly or indirectly, to furnish towing services, to move 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, or to accrue charges for services furnished under those circumstances, unless requested to perform that service by a law enforcement officer or public agency pursuant to that agencys procedures, or unless summoned to the scene or requested to stop by the owner or operator of a disabled vehicle.
(2)(A)A towing company or the owner or operator of a tow truck summoned summoned, or alleging it was summoned, to the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing prior to arriving at the scene:
(i)The first and last name and working telephone number of the person who summoned it to the scene.
(ii)The make, model, year, and license plate number of the disabled vehicle.
(iii)The date and time it was summoned to the scene.
(iv)The name of the person who obtained the information in clauses (i), (ii), and (iii).
(B)A towing company or the owner or operator of a tow truck summoned summoned, or alleging it was summoned, to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle is exempt from the requirements of subparagraph (A), provided it possesses all of the following information in writing prior to arriving at the scene:
(i)The business name of the motor club.
(ii)The identification number the motor club assigns to the referral.
(iii)The date and time it was summoned to the scene by the motor club.
(3)A towing company or the owner or operator of a tow truck requested requested, or alleging it was requested, to stop at the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing upon arriving at the scene:
(A)The first and last name and working telephone number of the person who requested the stop.
(B)The make, model, and license plate number, if one is displayed, of the disabled vehicle.
(C)The date and time it was requested to stop.
(D)The name of the person who obtained the information in subparagraphs (A), (B), and (C).
(4)A towing company or the owner or operator of a tow truck summoned or requested requested, or alleging it was summoned or requested, by a law enforcement officer or public agency pursuant to that agencys procedures 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, to furnish towing services, or that is expressly authorized to move 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, shall possess all of the following in writing before leaving the scene:
(A)The identity of the law enforcement agency or public agency.
(B)The log number, call number, incident number, or dispatch number assigned to the incident by law enforcement or the public agency, or the surname and badge number of the law enforcement officer, or the surname and employee identification number of the public agency employee.
(C)The date and time of the summons, request, or express authorization.
(5)For purposes of this section, writing includes electronic records.
(b)The towing company or the owner or operator of a tow truck shall make the written information described in subdivision (a) 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, and shall maintain that information for three years. The towing company or owner or operator of a tow truck shall make that information available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriffs department, the Department of the California Highway Patrol, the Attorney Generals office, a district attorneys office, or a city attorneys office.
(c)(1)Prior to attaching a vehicle to the tow truck, if the vehicle owner or operator is present at the time and location of the anticipated tow, the towing company or the owner or operator of the tow truck shall furnish the vehicles owner or operator with a written itemized estimate of all charges and services to be performed. The estimate shall include all of the following:
(A)The name, address, telephone number, and motor carrier permit number of the towing company.
(B)The license plate number of the tow truck performing the tow.
(C)The first and last name of the towing operator, and if different than the towing operator, the first and last name of the person from the towing company furnishing the estimate.
(D)A description and cost for all services, including, but not limited to, charges for labor, special equipment, mileage from dispatch to return, and storage fees, expressed as a 24-hour rate.
(2)The tow truck operator shall obtain the vehicle owner or operators signature on the itemized estimate and shall furnish a copy to the person who signed the estimate.
(3)The requirements in paragraph (1) may be completed after the vehicle is attached and removed to the nearest safe shoulder or street if done at the request of law enforcement or a public agency, provided the estimate is furnished prior to the removal of the vehicle from the nearest safe shoulder or street.
(4)The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make them available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriffs department, the Department of the California Highway Patrol, the Attorney Generals office, a district attorneys office, or a city attorneys office.
(5)This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle.
(6)This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by law enforcement or a public agency pursuant to that agencys procedures, and operating at the scene pursuant to a contract with that law enforcement agency or public agency.
(d)(1)Except as provided in paragraph (2), a towing company or the owner or operator of a tow truck shall not charge a fee for towing or storage, or both, of a vehicle in excess of the greater of the following:
(A)The fee that would have been charged for that towing or storage, or both, made at the request of a law enforcement agency under an agreement between a towing company and the law enforcement agency that exercises primary jurisdiction in the city in which the vehicle was, or was attempted to be, removed, or if not located within a city, the law enforcement agency that exercises primary jurisdiction in the county in which the vehicle was, or was attempted to be, removed.
(B)The fee that would have been charged for that towing or storage, or both, under the rate approved for that towing operator by the Department of the California Highway Patrol for the jurisdiction from which the vehicle was, or was attempted to be, removed.
(2)Paragraph (1) does not apply to the towing or transportation of a vehicle or temporary storage of a vehicle in transit, if the towing or transportation is performed with the prior consent of the owner or operator of the vehicle.
(3)No charge shall be made in excess of the estimated price without the prior consent of the vehicle owner or operator.
(4)All services rendered by a tow company or tow truck operator, including any warranty or zero cost services, shall be recorded on an invoice, as described in subdivision (e) of Section 22651.07. The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make the documents available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriffs department, the Department of the California Highway Patrol, the Attorney Generals office, a district attorneys office, or a city attorneys office.
(e)A person who willfully violates subdivision (b), (c), or (d) is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.
(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 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 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.
SECTION 1.SEC. 2.Section 22513.1 of the Vehicle Code is amended to read:22513.1.(a)(1)A business taking possession of a vehicle from a tow truck during hours the business is open to the public shall document all of the following:
(A)The name, address, and telephone number of the towing company.
(B)The name and drivers license number, drivers identification number issued by a motor club, as defined by in Section 12142 of the Insurance Code, or other government authorized unique identifier of the tow truck operator.
(C)The make, model, and license plate or Vehicle Identification Number.
(D)The date and time that possession was taken of the vehicle.
(2)If the vehicle was dropped off after hours, the business shall obtain the information from the towing company on the next business day.
(2)For purposes of subparagraph (B) of paragraph (1), if a tow truck operator refuses to provide information described in subparagraph (B) of paragraph (1) to a new motor vehicle dealer, as defined in Section 426, a new motor vehicle dealer is in compliance with this section if the new motor vehicle dealer documents the reasonable efforts made to obtain this information from the tow truck operator.
(b)A business taking possession of a vehicle from a tow truck when the business is closed to the public shall document all of the following:
(1)The make, model, and license plate or vehicle identification number.
(2)The date and time that the business first observed the vehicle on its property.
(3)The reasonable effort made by the business to contact the towing company, if identifying information was left with the vehicle, and the vehicles owner or operator to obtain and document both of the following:
(A)The name, address, and telephone number of the towing company.
(B)The name and drivers license number, drivers identification number issued by a motor club, as defined in Section 12142 of the Insurance Code, or other government authorized unique identifier of the tow truck operator.
(b)
(c)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, 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.
(d)For purposes of this section, a new motor vehicle dealer, as defined in Section 426, is not open to the public during hours its repair shop is closed to the public.
(c)
(e)A person who willfully violates this section is guilty of a misdemeanor, and is punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.
(a)(1)A business taking possession of a vehicle from a tow truck shall document the all of the following:
(A)The name, address, and telephone number of the towing company, the company.
(B)The name and drivers license number number, drivers identification number issued by a motor club, as defined by Section 12142 of the Insurance Code, or other government authorized unique identifier of the tow truck operator, the operator.
(C)The make, model, and license plate or Vehicle Identification Number, and the Number.
(D)The date and time that possession was taken of the vehicle. If
(2)If the vehicle was dropped off after hours, the business shall obtain the information from the towing company on the next business 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, 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.
(c)A person who willfully violates this section is guilty of a misdemeanor, and is punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.
(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 drivers 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 after hours, the business shall obtain the information from the towing company on the next business 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, 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.
(c)A person who willfully violates this section is guilty of a misdemeanor, and is punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.
SECTION 1.Section 90 of the Streets and Highways Code is amended to read:90.The Department of Transportation shall have full possession and control of all state highways and all property and rights in property acquired for state highway purposes. The department is authorized and directed to lay out and construct all state highways between the termini designated by law and on the locations as determined by the California Transportation Commission.
The department Department of Transportation shall have full possession and control of all state highways and all property and rights in property acquired for state highway purposes. The department is authorized and directed to lay out and construct all state highways between the termini designated by law and on the locations as determined by the commission. California Transportation Commission.
|
Date
|
Status
|
|---|---|
| Jun 1, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 80. Noes 0.) |
| Aug 24, 2016 | Enrolled and presented to the Governor at 11:45 a.m. |
| Aug 18, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 5871.). |
| Aug 18, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 11, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 4879.). |
| Aug 11, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 11, 2016 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 14 pursuant to Assembly Rule 77. |
| Aug 3, 2016 | Ordered to special consent calendar. |
| Jun 30, 2016 | Read second time. Ordered to third reading. |
| Jun 29, 2016 | From committee: Do pass. (Ayes 11. Noes 0.) (June 28). |
| Jun 21, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H. |
| Jun 13, 2016 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 9, 2016 | Referred to Com. on T. & H. |
| Jun 2, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Feb 17, 2016 | Read first time. To print. |
| Jun 1, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 80. Noes 0. Page 5078.) |
| Jun 1, 2016 | Read third time. Passed. Ordered to the Senate. |
| Apr 25, 2016 | Ordered to third reading. |
| Apr 25, 2016 | From Consent Calendar. |
| Apr 20, 2016 | Read second time. Ordered to Consent Calendar. |
| Apr 19, 2016 | From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (April 18). |
| Apr 13, 2016 | Re-referred to Com. on TRANS. |
| Apr 12, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Mar 28, 2016 | Re-referred to Com. on TRANS. |
| Mar 18, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Mar 17, 2016 | Referred to Com. on TRANS. |
| Feb 18, 2016 | From printer. May be heard in committee March 19. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 18, 2016 | AB 2167 ACHADJIAN Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 11, 2016 | Special Consent AB2167 Achadjian | Senate Floor |
Passed |
|
| Jun 28, 2016 | Do pass | Senate Standing Committee on Transportation and Housing |
Passed |
|
| Jun 1, 2016 | AB 2167 ACHADJIAN Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 18, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Advanced Medical Technology Association | * Against | Jun 26, 2018 |
| Auto Club of Southern California | * Support | Jun 28, 2016 |
| Automative Service Councils of California | * Support | Jun 28, 2016 |
| Automotive Service Councils Of California | ** Support | Jun 1, 2016 |
| California Autobody Association | * Support | Jun 28, 2016 |
| California Automotive Business Coalition | ** Support | Jun 1, 2016 |
| California Life Sciences Association | * Against | Jun 26, 2018 |
| California New Car Dealers Association | ** Support | Aug 18, 2016 |
| California Tow Truck Association | ** Support | Aug 18, 2016 |
| Los Angeles City Attorney Mike Feuer | ** Support | Aug 18, 2016 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2167
Author:(Achadjian)
As Amended Ver:June 21, 2016
Majority vote
ASSEMBLY: | 80-0 | (June 1, 2016) | SENATE: | 37-0 | (August 11, 2016) |
Original Committee Reference: TRANS.
SUMMARY: Clarifies that businesses taking possession of a towed vehicle must obtain specific information regarding the vehicle and the tow by the next business day, rather than the next day; provides that a business has the option of obtaining alternative forms of a tow truck driver's identification in addition to a driver's license number, to include the driver's identification number issued by an auto club or other government authorized-unique identifier.
The Senate amendments:
- Protect new motor vehicle dealers from tow truck operators that refuse to provide the required contact information by specifically providing that the dealer is deemed compliant with the data recordation requirements if it documents the reasonable efforts made to obtain the information.
- Set forth slightly different procedures that businesses must follow to record the required data depending on whether the tow is dropped off during regular business hours or non-business hours.
- Make other technical amendments.
EXISTING LAW: Requires a business taking possession of a vehicle from a tow truck to document:
- The name, address, and telephone number of the tow company;
- The name and driver's license 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 after hours, the business is required to obtain the information from the towing company the next day.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: The author introduced this bill to address implementation issues regarding requirements imposed upon businesses when taking possession of a vehicle from a tow truck driver. Specifically, existing law, as enacted by AB 1222 (Bloom), Chapter 309, Statutes of 2015, requires a business to obtain the specified information from the towing company the next day after the vehicle was dropped off after hours. However, not all businesses accepting tows are open seven days a week, thus making a business out of compliance for not contacting the towing company the next day. This bill addresses this problem by allowing the business to obtain the information the next business day.
Furthermore, this bill provides for businesses receiving tows to collect alternative forms of a tow truck driver's identification, in response to privacy concerns that have arisen with having to provide personal information associated with a driver's license. Alternative forms provided for in this bill include identification numbers issued, for example, by local government and auto clubs.
AB 1222 was introduced and signed into law last year in response to concerns involving bandit tow truck operators. Among other provisions, AB 1222 requires a business taking possession of a vehicle from a tow truck to make written information available to law enforcement or the Bureau of Automotive Repair within 48 hours of a request, and to maintain this information for three years. A business that willfully violates this provision is guilty of a misdemeanor, punishable by a maximum fine of $2,500, a maximum of three months in county jail, or both.
This bill is sponsored by the California New Car Dealer Association (CNCDA). Apparently, new car dealers are concerned about willfully violating provisions of AB 1222 when they close their service departments on Sundays and do not check for overnight tows until the following business day. For this reason, CNCDA is seeking an amendment to modify the requirement to obtain the information to the next business day, not the next day. Furthermore, enabling a tow truck operator to offer alternative forms of identification will address concerns for privacy without jeopardizing the integrity of the paper trail established in AB 1222.
Analysis Prepared by: Janet Dawson / TRANS. / (916) 319-2093 FN: 0003641
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2167
:
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/28/16
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski
ASSEMBLY FLOOR: 80-0, 6/1/16 - See last page for vote
SOURCE: California New Car Dealers Association
DIGEST: This bill makes several changes to the required information a business is to obtain from a tow truck operator. This bill further provides clarification as to when a tow truck operator is required to provide certain documentation, as specified.
Existing law:
- Requires that tow operators maintain specified documentation that they were summoned to the scene or flagged down to the scene of an accident or disabled vehicle, as specified.
- Requires a business taking possession of a vehicle from a tow truck to document the following information:
- The name, address, and telephone number of the tow company.
- The name and driver’s license of the tow truck operator.
- The make, model, and license plate or vehicle identification number.
- The date and time that possession was taken of the vehicle.
- Requires a business to obtain the information from a towing company the next day if the vehicle was dropped off after standard business hours.
This bill:
- Clarifies that during hours that a business is open to the public, the business has the option of obtaining alternative forms of a tow truck driver's identification in addition to a driver's license number, such as the driver's identification number issued by an auto club or other government authorized unique identifier.
- Provides that, if a tow truck operator refuses to provide any information, a new motor vehicle dealer, as defined, is in compliance if the dealer is able to document that reasonable efforts were made to obtain the tow operator’s information.
- Provides that a business taking possession of a vehicle from a tow truck operator when a business is closed to the public is required to document the following information:
- The make, model, and license plate or vehicle identification number.
- The date and time that the business first observed the vehicle on its property.
- That reasonable effort was made by the business to contact the towing company, if identifying information was left with the vehicle, and the following information is provided with the vehicle:
- The name, address, and telephone number of the towing company.
- The name and driver’s license number, driver’s identification number issued by a motor club, as defined, or other government-authorized unique identifier of the tow truck operator.
- Provides clarification that a towing company or the owner or operator of a tow truck that is summoned or allegedly summoned to the scene by the owner of a disabled vehicle, motor club, or law enforcement officer is required to document certain information, as specified.
Comments
- Purpose. The author introduced this bill to address implementation concerns to a bill passed last year, AB 1222 (Bloom, Chapter 309, Statutes of 2015), which addressed the issue of bandit tow truck drivers. According to the author, “AB 2167 increases flexibility for businesses required to obtain tow truck documentation requirements and addresses privacy issues for tow truck drivers.”
- Bandit tow truck. AB 1222 was introduced last year in response to concerns involving bandit tow truck operators. Examples of illegal towing practices include:
- The tow operator not having authorization from the property owner to tow the car.
- The fees to redeem the cars towed are excessive and considerably above what the local municipalities approved to charge.
- Towing even when there are no properly posted signs on the property.
- Towing operators who do not accept a credit card.
In many cases, bandit towers are known to monitor police radio frequencies to determine where an accident has occurred or where a disabled vehicle is stopped and then arrive on the scene to offer assistance. If asked, bandit towers typically convey to the vehicle operator that they were dispatched by law enforcement, a motor club, or an insurance company. If asked by law enforcement, bandit towers will typically relay that they were flagged down or otherwise summoned by the vehicle's operator.
In response to a number of reports and concerns from local entities, AB 1222 aimed to curb some of these illegal practices. Among other provisions, AB 1222 requires a business taking possession of a vehicle from a tow truck to make written information available to law enforcement or the Bureau of Automotive Repair within 48 hours of a request and to maintain this information for three years. A business that willfully violates this provision is guilty of a misdemeanor, punishable by a maximum fine of $2,500, a maximum of three months in county jail, or both.
- Implementation issues. The requirements specified in AB 1222 have created a number of implementation issues for local businesses that are recipients of these towed vehicles as well as privacy concerns from tow truck drivers being required to provide personal information. For example, requiring a business to obtain certain information on a towed vehicle and towing company by the following day has created some compliance issues for businesses that are not open during the weekend. Additionally, tow truck drivers have raised concerns about being required to provide personal information to businesses and have stated their preference in having alternative identification options in order to remain compliant with existing law. This bill attempts to remedy a number of these implementation issues by clarifying the necessary documentation that is required to be collected by a business during operating and non-operating hours, as well as when a tow truck operator will be subject to meeting the requirements as provided in AB 1222.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California New Car Dealers Association (source)
California Tow Truck Association
Los Angeles City Attorney Mike Feuer
The United Coalition for Motor Club Safety
None received
ASSEMBLY FLOOR: 80-0, 6/1/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
7/29/16 10:43:30
**** END ****
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: Hearing Date: 6/28/2016
Author: | Achadjian | ||
Version: | 6/21/2016 | ||
Urgency: | No | Fiscal: | No |
Consultant: | Manny Leon | ||
SUBJECT:
DIGEST: This bill makes several changes to the required information a business is to obtain from a tow truck operator. Further provides clarification as to when a tow truck operator is required to provide certain documentation, as specified.
ANALYSIS:
Existing law:
- Requires that tow operators maintain specified documentation that they were summoned to the scene or flagged down to the scene of an accident or disabled vehicle, as specified.
- Requires a business taking possession of a vehicle from a tow truck to document the following information:
- The name, address, and telephone number of the tow company
- The name and driver’s license of the tow truck operator
- The make, model, and license plate or vehicle identification number
- The date and time that possession was taken of the vehicle
- Requires a business to obtain the information from a towing company the next day if the vehicle was dropped off after standard business hours.
This bill:
- Clarifies that during hours that a business is open to the public, the business has the option of obtaining alternative forms of a tow truck driver's identification in addition to a driver's license number, such as the driver's identification number issued by an auto club or other government authorized unique identifier.
- Provides that, if a tow truck operator refuses to provide any information, a new motor vehicle dealer, as defined, is in compliance if the dealer is able to document that reasonable efforts were made to obtain the tow operator’s information.
- Provides that a business taking possession of a vehicle from a tow truck operator when a business is closed to the public is required to document the following information:
- The make, model, and license plate or vehicle identification number
- The date and time that the business first observed the vehicle on its property
- That reasonable effort was made by the business to contact the towing company, if identifying information was left with the vehicle, and the following information is provided with the vehicle:
- The name, address, and telephone number of the towing company
- The name and driver’s license number, driver’s identification number issued by a motor club, as defined, or other government-authorized unique identifier of the tow truck operator
- Provides clarification that a towing company or the owner or operator of a tow truck that is summoned or allegedly summoned to the scene by the owner of a disabled vehicle, motor club, or law enforcement officer is required to document certain information, as specified.
COMMENTS:
- Purpose. The author introduced this bill to address implementation concerns to a bill passed last year, AB 1222 (Bloom), which addressed the issue of bandit tow truck drivers. According to the author, “AB 2167 increases flexibility for businesses required to obtain tow truck documentation requirements and addresses privacy issues for tow truck drivers.”
- Bandit tow trucks: AB 1222 (Bloom, Chapter 309, Statutes of 2015) was introduced last year in response to concerns involving bandit tow truck operators. Examples of illegal towing practices include:
- The tow operator not having authorization from the property owner to tow the car
- The fees to redeem the cars towed are excessive and considerably above what the local municipalities approved to charge
- Towing even when there are no properly posted signs on the property
- Towing operators who do not accept a credit card
In many cases, bandit towers are known to monitor police radio frequencies to determine where an accident has occurred or where a disabled vehicle is stopped and then arrive on the scene to offer assistance. If asked, bandit towers typically convey to the vehicle operator that they were dispatched by law enforcement, a motor club, or an insurance company. If asked by law enforcement, bandit towers will typically relay that they were flagged down or otherwise summoned by the vehicle's operator.
In response to a number of reports and concerns from local entities, AB 1222 aimed to curb some of these illegal practices. Among other provisions, AB 1222 requires a business taking possession of a vehicle from a tow truck to make written information available to law enforcement or the Bureau of Automotive Repair within 48 hours of a request and to maintain this information for three years. A business that willfully violates this provision is guilty of a misdemeanor, punishable by a maximum fine of $2,500, a maximum of three months in county jail, or both.
- Implementation issues. The requirements specified in AB 1222 have created a number of implementation issues for local businesses that are recipients of these towed vehicles as well as privacy concerns from tow truck drivers being required to provide personal information. For example, requiring a business to obtain certain information on a towed vehicle and towing company by the following day has created some compliance issues for businesses that are not open during the weekend. Additionally, tow truck drivers have raised concerns about being required to provide personal information to businesses and have stated their preference in having alternative identification options in order to remain compliant with existing law. This bill attempts to remedy a number of these implementation issues by clarifying the necessary documentation that is required to be collected by a business during operating and non-operating hours, as well as when a tow truck operator will be subject to meeting the requirements as provided in AB 1222.
Related Legislation:
AB 1222 (Bloom, Chapter 309, Statutes of 2015) — added provisions to curb illegal towing, including the provision that a business obtain specific information regarding the vehicle and the tow truck by the next day.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
Assembly Votes:
Floor: 80-0
Trans: 15-0
POSITIONS: (Communicated to the committee before noon on Wednesday,
June 15, 2016.)
SUPPORT:
California New Car Dealers Association (sponsor)
California Tow Truck Association
The United Coalition for Motor Club Safety
OPPOSITION:
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 2167
Author:(Achadjian)
As Amended Ver:April 12, 2016
Majority vote
Committee | Votes | Ayes | Noes |
Transportation | 15-0 | Frazier, Linder, Baker, Bloom, Brown, Chu, Daly, Dodd, Gomez, Kim, Mathis, Medina, Melendez, Nazarian, O'Donnell |
SUMMARY: Clarifies that businesses taking possession of a towed vehicle must obtain specific information regarding the vehicle and the tow by the next business day, rather than the next day, and provides that the business has the option of obtaining alternative forms of a tow truck driver's identification in addition to a driver's license number, to include the driver's identification number issued by an auto club or other government authorized-unique identifier.
EXISTING LAW: Requires a business taking possession of a vehicle from a tow truck to document:
- The name, address, and telephone number of the tow company;
- The name and driver’s license 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 after hours, the business is required to obtain the information from the towing company the next day.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: The author introduced this bill to address implementation issues regarding requirements imposed upon businesses when taking possession of a vehicle from a tow truck driver. Specifically, existing law, as enacted by AB 1222 (Bloom), Chapter 309, Statutes of 2015, requires a business to obtain the specified information from the towing company the next day after the vehicle was dropped off after hours. However, not all businesses accepting tows are open seven days a week, thus making a business out of compliance for not contacting the towing company the next day. This bill addresses this problem by allowing the business to obtain the information the next business day.
Furthermore, this bill provides for businesses receiving tows to collect alternative forms of a tow truck driver's identification, in response to privacy concerns that have arisen with having to provide personal information associated with a driver's license. Alternative forms provided for in this bill include identification numbers issued, for example, by local government and auto clubs.
AB 1222 was introduced and signed into law last year in response to concerns involving bandit tow truck operators. Among other provisions, AB 1222 requires a business taking possession of a vehicle from a tow truck to make written information available to law enforcement or the Bureau of Automotive Repair within 48 hours of a request, and to maintain this information for three years. A business that willfully violates this provision is guilty of a misdemeanor, punishable by a maximum fine of $2,500, a maximum of three months in county jail, or both.
This bill is sponsored by the California New Car Dealer Association (CNCDA). Apparently, new car dealers are concerned about willfully violating provisions of AB 1222 when they close their service departments on Sundays and do not check for overnight tows until the following business day. For this reason, CNCDA is seeking an amendment to modify the requirement to obtain the information to the next business day, not the next day. Furthermore, enabling a tow truck operator to offer alternative forms of identification will address concerns for privacy without jeopardizing the integrity of the paper trail established in AB 1222.
Analysis Prepared by: Janet Dawson / TRANS. / (916) 319-2093 FN: 0002784
Date of Hearing: April 18, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
ABPCA Bill Id:AB 2167 (
Author:Achadjian) – As Amended Ver:April 12, 2016
SUBJECT: Vehicles: towed vehicles
SUMMARY: Clarifies that businesses taking possession of a towed vehicle must obtain specific information regarding the vehicle and the tow by the next business day, rather than the next day, and provides that the business has the option of obtaining alternative forms of a tow truck driver's identification in addition to a driver's license number, to include the driver's identification number issued by an auto club or other government authorized-unique identifier.
EXISTING LAW: Requires a business taking possession of a vehicle from a tow truck to document:
- The name, address, and telephone number of the tow company;
- The name and driver’s license 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 after hours, the business is required to obtain the information from the towing company the next day.
FISCAL EFFECT: Unknown, this bill was keyed non-fiscal by the Legislative Counsel.
COMMENTS: The author introduced AB 2167 to address implementation issues regarding requirements imposed upon businesses when taking possession of a vehicle from a tow truck driver. Specifically, existing law, as enacted by AB 1222 (Bloom), Chapter 309, Statutes of 2015, requires a business to obtain the specified information from the towing company the next day after the vehicle was dropped off after hours. However, not all businesses accepting tows are open seven days a week, thus making a business out of compliance for not contacting the towing company the next day. AB 2167 addresses this problem by allowing the business to obtain the information the next business day.
Furthermore, AB 2167 provides for businesses receiving tows to collect alternative forms of a tow truck driver's identification, in response to privacy concerns that have arisen with having to provide personal information associated with a driver's license. Alternative forms provided for in this bill include identification numbers issued, for example, by local government and auto clubs.
AB 1222 was introduced and signed into law last year in response to concerns involving bandit tow truck operators. Among other provisions, AB 1222 requires a business taking possession of a vehicle from a tow truck to make written information available to law enforcement or the Bureau of Automotive Repair within 48 hours of a request, and to maintain this information for three years. A business that willfully violates this provision is guilty of a misdemeanor, punishable by a maximum fine of $2,500, a maximum of three months in county jail, or both.
AB 2167 is sponsored by the California New Car Dealer Association (CNCDA). Apparently, new car dealers are concerned about willfully violating provisions of AB 1222 when they close their service departments on Sundays and do not check for overnight tows until the following business day. For this reason, CNCDA is seeking an amendment to modify the requirement to obtain the information to the next business day, not the next day. Furthermore, enabling a tow truck operator to offer alternative forms of identification will address concerns for privacy without jeopardizing the integrity of the paper trail established in AB 1222.
Previous legislation: AB 1222 (Bloom), Chapter 309, Statutes of 2015, added provisions to curb illegal towing, including the provision that a business obtain specific information regarding the vehicle and the tow by the next business day.
REGISTERED SUPPORT / OPPOSITION:
Support
California New Car Dealers Association (Sponsor)
Automotive Service Councils of California
California Autobody Association
California Automotive Business Coalition
California Tow Truck Association
The United Coalition for Motor Club Safety
Opposition
None on file
Analysis Prepared by: Janet Dawson / TRANS. / (916) 319-2093
Discussed in Hearing
7MIN
Senate Standing Committee on Judiciary
41SEC
Assembly Floor
2MIN
Senate Standing Committee on Transportation and Housing
1MIN
Assembly Floor
Bill Author
Bill Co-Author(s):