AB 1082: Authority to remove vehicles.

(1)Existing law authorizes a peace officer, as defined, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, to remove a vehicle located within the territorial limits in which the officer or employee may act, under designated circumstances, including, but not limited to, when a vehicle is found upon a highway or public land or removed pursuant to the Vehicle Code, and has been issued 5 or more notices of parking violations to which the owner or person in control of the vehicle has not responded within a designated time period. Under existing law, a vehicle that has been removed and impounded under those circumstances that is not released may be subject to a lien sale to compensate for the costs of towage and for caring for and keeping safe the vehicle.

This bill would delete the authority of a peace officer or public employee, as appropriate, to remove a vehicle under these circumstances. The bill would delete the related authority to conduct a lien sale to cover towing and storage expenses, except as specified. The bill would make various conforming and technical changes.

(2)Existing law authorizes a parking citation processing agency, as defined, to collect an unpaid parking penalty by requesting the Department of Motor Vehicles to place a registration hold on the vehicle to which the citations have been issued, or by obtaining a civil judgment against the registered owner of the vehicle, as specified. Existing law requires a processing agency to offer a payment plan for unpaid parking citations to qualified indigent persons, defined as a person whose monthly income is 200 percent or less of the current federal poverty guidelines.

This bill would expand the payment plan option to a person whose monthly income is 300 percent or less of the current poverty guidelines. The bill would modify payment plans for low-income persons by removing the deadline to file a request to participate in a payment plan, allowing automatic payments, and reducing the total amount due for penalties so that it can be paid off within 24 months, as specified. The bill would give a low-income person who falls out of compliance with a payment plan at least 4 extensions to resume payments, as specified. The bill would require a processing agency to establish a process to have an unpaid parking penalty waived for a vehicle if the registered owner was in custody in a juvenile facility, county jail, or state prison when the penalty was pending. The bill would require the processing agency to provide a payment plan option for persons who do not qualify as low income. The bill would require the processing agency to mail a courtesy warning notice to the registered vehicle owner that contains information about the payment program, as specified.

Existing law authorizes an issuing officer or agency to make a determination, in the interest of justice, to cancel a notice of parking violation within 21 days of the notice being secured to the vehicle.

This bill would remove the 21-day time limitation described above.

Existing law authorizes penalties for specified parking violations to be paid in installments if the issuing agency determines the violator is unable to pay the entire amount in one payment.

This bill would further authorize an issuing agency to reduce or waive the parking penalty if it determines the violator is unable to pay the entire amount in one payment. the violator provides evidence satisfactory to the issuing agency of an inability to pay the parking penalty in full.