AB 1082: Authority to remove vehicles.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-08-23
Current Status:
Failed
(2024-08-31: Ordered to inactive file at the request of Senator Gonzalez.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
(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.
This bill would incorporate additional changes to Section 22651 of the Vehicle Code proposed by AB 1978 to be operative only if this bill and AB 1978 are enacted and this bill is enacted last.
(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.
Existing law authorizes a peace officer and specified public employees, as an alternative to removal of a vehicle, to immobilize the vehicle with a device designed and manufactured for that purpose, if, among other circumstances, the vehicle is found upon a highway or public lands by the peace officer or employee and it is known to have been issued 5 or more notices of parking violations that are delinquent because the owner or person in control of the vehicle has not responded to the appropriate agency within a designated time period.This bill would instead allow only an agent of public higher educational institutions, including the University of California, California State University, and California Community Colleges, to remove or immobilize a vehicle under those circumstances. delete the authority of a peace officer or public employee, as appropriate, to remove a vehicle under these circumstances. The bill would limit delete the related authority to conduct a lien sale to cover towing and storage expenses to agents of public higher educational institutions, 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 prohibit the processing agency from requesting the department to place a registration hold on a vehicle unless the vehicle has 3 or more unpaid parking citations, but would authorize a processing agency for public higher educational instruction to file an itemization of unpaid parking penalties with the department for one or more parking citations. TheThis 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.
(3)Existing law requires, except as specified, the Department of Motor Vehicles to refuse to renew the registration of a vehicle if the registered owner or lessee has been mailed a notice of a delinquent parking violation relating to standing or parking, the processing agency has filed or electronically transmitted to the department an itemization of unpaid parking penalties, and the owner or lessee has not paid the parking penalties.This bill would, beginning on January 1, 2029, prohibit the department from refusing to renew the registration of a vehicle unless the registered owner or lessee has 3 or more parking violations.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.
(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.
Existing law authorizes a peace officer and specified public employees, as an alternative to removal of a vehicle, to immobilize the vehicle with a device designed and manufactured for that purpose, if, among other circumstances, the vehicle is found upon a highway or public lands by the peace officer or employee and it is known to have been issued 5 or more notices of parking violations that are delinquent because the owner or person in control of the vehicle has not responded to the appropriate agency within a designated time period.
This bill would instead allow only an agent of public higher educational institutions, including the University of California, California State University, and California Community Colleges, to remove or immobilize a vehicle under those circumstances. The bill would limit the related authority to conduct a lien sale to cover towing and storage expenses to agents of public higher educational institutions, 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 prohibit the processing agency from requesting the department to place a registration hold on a vehicle unless the vehicle has 3 or more unpaid parking citations, but would authorize a processing agency for public higher educational instruction to file an itemization of unpaid parking penalties with the department for one or more parking citations. The 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.
(3)Existing law requires, except as specified, the Department of Motor Vehicles to refuse to renew the registration of a vehicle if the registered owner or lessee has been mailed a notice of a delinquent parking violation relating to standing or parking, the processing agency has filed or electronically transmitted to the department an itemization of unpaid parking penalties, and the owner or lessee has not paid the parking penalties.
This bill would, beginning on January 1, 2027, 2029, prohibit the department from refusing to renew the registration of a vehicle unless the registered owner or lessee has 3 or more parking violations.
(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.
Existing law authorizes a peace officer and specified public employees, as an alternative to removal of a vehicle, to immobilize the vehicle with a device designed and manufactured for that purpose, if, among other circumstances, the vehicle is found upon a highway or public lands by the peace officer or employee and it is known to have been issued 5 or more notices of parking violations that are delinquent because the owner or person in control of the vehicle has not responded to the appropriate agency within a designated time period.
This bill would instead allow only an agent of public higher educational institutions, including the University of California, California State University, and California Community Colleges, to remove or immobilize a vehicle under those circumstances. The bill would limit the related authority to conduct a lien sale to cover towing and storage expenses to agents of public higher educational institutions, 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. persons, defined as a person whose monthly income is 200 percent or less of the current federal poverty guidelines.
This bill would prohibit the processing agency from requesting the department to place a registration hold on a vehicle unless the vehicle has 6 3 or more unpaid parking citations, but would authorize a processing agency for public higher educational instruction to file an itemization of unpaid parking penalties with the department for one or more parking citations. The 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 indigent 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 an indigent 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 indigent. 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.
(3)Existing law requires, except as specified, the Department of Motor Vehicles to refuse to renew the registration of a vehicle if the registered owner or lessee has been mailed a notice of a delinquent parking violation relating to standing or parking, the processing agency has filed or electronically transmitted to the department an itemization of unpaid parking penalties, and the owner or lessee has not paid the parking penalties.
This bill would, beginning on January 1, 2027, prohibit the department from refusing to renew the registration of a vehicle unless the registered owner or lessee has 6 3 or more parking violations.
(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.
Existing law authorizes a peace officer and specified public employees, as an alternative to removal of a vehicle, to immobilize the vehicle with a device designed and manufactured for that purpose, if, among other circumstances, the vehicle is found upon a highway or public lands by the peace officer or employee and it is known to have been issued 5 or more notices of parking violations that are delinquent because the owner or person in control of the vehicle has not responded to the appropriate agency within a designated time period.
This bill would instead allow only an agent of public higher educational institutions, including the University of California, California State University, and California Community Colleges, to remove or immobilize a vehicle under those circumstances. The bill would limit the related authority to conduct a lien sale to cover towing and storage expenses to agents of public higher educational institutions, 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.
This bill would prohibit the processing agency from requesting the department to place a registration hold on a vehicle unless the vehicle has 6 or more unpaid parking citations, but would authorize a processing agency for public higher educational instruction to file an itemization of unpaid parking penalties with the department for one or more parking citations. The bill would modify payment plans for indigent 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 an indigent 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 indigent. 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.
(3)Existing law requires, except as specified, the Department of Motor Vehicles to refuse to renew the registration of a vehicle if the registered owner or lessee has been mailed a notice of a delinquent parking violation relating to standing or parking, the processing agency has filed or electronically transmitted to the department an itemization of unpaid parking penalties, and the owner or lessee has not paid the parking penalties.
This bill would, beginning on January 1, 2027, prohibit the department from refusing to renew the registration of a vehicle unless the registered owner or lessee has 6 or more parking violations.
(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.
Existing law authorizes a peace officer and specified public employees, as an alternative to removal of a vehicle, to immobilize the vehicle with a device designed and manufactured for that purpose, if, among other circumstances, the vehicle is found upon a highway or public lands by the peace officer or employee and it is known to have been issued 5 or more notices of parking violations that are delinquent because the owner or person in control of the vehicle has not responded to the appropriate agency within a designated time period.
This bill would delete the authority of a peace officer or public employee, as appropriate, to remove or immobilize a vehicle under those circumstances. The bill would repeal the related authority to conduct a lien sale to cover towing and storage expenses. The bill would make various conforming and technical changes.This bill would instead allow only an agent of public higher educational institutions, including the University of California, California State University, and California Community Colleges, to remove or immobilize a vehicle under those circumstances. The bill would limit the related authority to conduct a lien sale to cover towing and storage expenses to agents of public higher educational institutions, 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.
This bill would prohibit the processing agency from requesting the department to place a registration hold on a vehicle unless the vehicle has 6 or more unpaid parking citations, but would authorize a processing agency for public higher educational instruction to file an itemization of unpaid parking penalties with the department for one or more parking citations. The bill would modify payment plans for indigent 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 an indigent 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 indigent. 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.
(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.
Existing law authorizes a peace officer and specified public employees, as an alternative to removal of a vehicle, to immobilize the vehicle with a device designed and manufactured for that purpose, if, among other circumstances, the vehicle is found upon a highway or public lands by the peace officer or employee and it is known to have been issued 5 or more notices of parking violations that are delinquent because the owner or person in control of the vehicle has not responded to the appropriate agency within a designated time period.
This bill would delete the authority of a peace officer or public employee, as appropriate, to remove or immobilize a vehicle under those circumstances. The bill would modify the authority to remove a vehicle with a registration expiration date in excess of 6 months found or operated on the highway, public lands, or an offstreet parking facility, by extending that period to one year. The bill would repeal the related authority to conduct a lien sale to cover towing and storage expenses. The bill would make various conforming and technical changes.
(2)Existing law requires, except as specified, the Department of Motor Vehicles to refuse to renew the registration of a vehicle if the registered owner or lessee has been mailed a notice of a delinquent parking violation relating to standing or parking, the processing agency has filed or electronically transmitted to the department an itemization of unpaid parking penalties, and the owner or lessee has not paid the parking penalties.This bill would prohibit the department from refusing to renew the registration of a vehicle unless the registered owner or lessee has 8 or more parking violations.(3)(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.
This bill would prohibit the processing agency from requesting the department to place a registration hold on a vehicle unless the vehicle has 6 or more unpaid parking citations. The bill would modify payment plans for indigent 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 an indigent 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 indigent. 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.
(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.
Existing law authorizes a peace officer and specified public employees, as an alternative to removal of a vehicle, to immobilize the vehicle with a device designed and manufactured for that purpose, if, among other circumstances, the vehicle is found upon a highway or public lands by the peace officer or employee and it is known to have been issued 5 or more notices of parking violations that are delinquent because the owner or person in control of the vehicle has not responded to the appropriate agency within a designated time period.
This bill would delete the authority of a peace officer or public employee, as appropriate, to remove or immobilize a vehicle under those circumstances. The bill would modify the authority to remove a vehicle with a registration expiration date in excess of 6 months found or operated on the highway, public lands, or an offstreet parking facility, by extending that period to one year. The bill would repeal the related authority to conduct a lien sale to cover towing and storage expenses. The bill would make various conforming and technical changes.
(2)Existing law requires, except as specified, the Department of Motor Vehicles to refuse to renew the registration of a vehicle if the registered owner or lessee has been mailed a notice of a delinquent parking violation relating to standing or parking, the processing agency has filed or electronically transmitted to the department an itemization of unpaid parking penalties, and the owner or lessee has not paid the parking penalties.
This bill would prohibit the department from refusing to renew the registration of a vehicle unless the registered owner or lessee has 8 or more parking violations.
(3)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.
This bill would modify payment plans for indigent 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 an indigent 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 indigent. 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.
(a)Except for vehicles registered pursuant to Article 5 (commencing with Section 9700) of Chapter 6 of Division 3, the department shall notify the registered owner of each vehicle of the date that the registration renewal fees for the vehicle are due, at least 60 days prior to that due date. The department shall indicate the fact that the required notice was mailed by a notation in the departments records.
(b)The department shall include in any final notice of delinquent registration provided to the registered owner of a vehicle whose registration has not been properly renewed as required under this code, information relating to the potential removal and impoundment of that vehicle under subdivision (n) of Section 22651.
(c)Commencing on May 1, 2011, subdivision (a) shall not apply to vehicles with registration expiring on or after July 1, 2011. This subdivision shall become inoperative on January 1, 2012.
SEC. 2.Section 2810.2 of the Vehicle Code is amended to read:2810.2.(a)(1)A peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may stop a vehicle transporting agricultural irrigation supplies that are in plain view to inspect the bills of lading, shipping, or delivery papers, or other evidence to determine whether the driver is in legal possession of the load, if the vehicle is on a rock road or unpaved road that is located in a county that has elected to implement this section and the road is located as follows:
(A)Located under the management of the Department of Parks and Recreation, the Department of Fish and Wildlife, the Department of Forestry and Fire Protection, the State Lands Commission, a regional park district, the United States Forest Service, or the federal Bureau of Land Management.
(B)Located within the respective ownership of a timberland production zone, as defined in Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code, either that is larger than 50,000 acres or for which the owner of more than 2,500 acres has given express written permission for a vehicle to be stopped within that zone pursuant to this section.
(2)Upon reasonable belief that the driver of the vehicle is not in legal possession, the law enforcement officer specified in paragraph (1) shall take custody of the vehicle and load and turn them over to the custody of the sheriff of the county that has elected to implement this section where the agricultural irrigation supplies are apprehended.
(b)The sheriff shall receive and provide for the care and safekeeping of the apprehended agricultural irrigation supplies that were in plain view within the boundaries of public lands under the management of the entities listed in subparagraph (A) of paragraph (1) of subdivision (a) or on a timberland production zone as specified in subparagraph (B) of paragraph (1) of subdivision (a), and immediately, in cooperation with the department, proceed with an investigation and its legal disposition.
(c)An expense incurred by the sheriff in the performance of their duties under this section shall be a legal charge against the county.
(d)Except as provided in subdivision (e), a peace officer shall not cause the impoundment of a vehicle at a traffic stop made pursuant to subdivision (a) if the drivers only offense is a violation of Section 12500.
(e)During the conduct of pulling a driver over in accordance with subdivision (a), if the peace officer encounters a driver who is in violation of Section 12500, the peace officer shall make a reasonable attempt to identify the registered owner of the vehicle. If the registered owner is present, or the peace officer is able to identify the registered owner and obtain the registered owners authorization to release the motor vehicle to a licensed driver during the vehicle stop, the vehicle shall be released to either the registered owner of the vehicle if they are a licensed driver or to the licensed driver authorized by the registered owner of the vehicle. If a notice to appear is issued, the name and the drivers license number of the licensed driver to whom the vehicle was released pursuant to this subdivision shall be listed on the officers copy of the notice to appear issued to the unlicensed driver. If a vehicle cannot be released, the vehicle shall be removed pursuant to subdivision (o) of Section 22651, whether a notice to appear has been issued or not.
(f)For purposes of this section, agricultural irrigation supplies include agricultural irrigation water bladder and one-half inch diameter or greater irrigation line.
(g)This section shall be implemented only in a county where the board of supervisors adopts a resolution authorizing the enforcement of this section.
SEC. 3.Section 2814.2 of the Vehicle Code is amended to read:2814.2.(a)A driver of a motor vehicle shall stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop.
(b)Notwithstanding Section 14602.6 or 14607.6, a peace officer or any other authorized person shall not cause the impoundment of a vehicle at a sobriety checkpoint if the drivers only offense is a violation of Section 12500.
(c)During the conduct of a sobriety checkpoint, if the law enforcement officer encounters a driver who is in violation of Section 12500, the law enforcement officer shall make a reasonable attempt to identify the registered owner of the vehicle. If the registered owner is present, or the officer is able to identify the registered owner and obtain the registered owners authorization to release the motor vehicle to a licensed driver by the end of the checkpoint, the vehicle shall be released to either the registered owner of the vehicle if they are a licensed driver or to the licensed driver authorized by the registered owner of the vehicle. If a notice to appear is issued, the name and drivers license number of the licensed driver to whom the vehicle was released pursuant to this subdivision shall be listed on the officers copy of the notice to appear issued to the unlicensed driver. When a vehicle cannot be released, the vehicle shall be removed pursuant to subdivision (o) of Section 22651, whether a notice to appear has been issued or not.
SEC. 4.Section 4000 of the Vehicle Code is amended to read:4000.(a)(1)A person shall not drive, move, or leave standing upon a highway, or in an offstreet public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid under this code or registered under the permanent trailer identification program, except that an off-highway motor vehicle that displays an identification plate or device issued by the department pursuant to Section 38010 may be driven, moved, or left standing in an offstreet public parking facility without being registered or paying registration fees.
(2)For purposes of this subdivision, offstreet public parking facility means either of the following:
(A)Any publicly owned parking facility.
(B)Any privately owned parking facility for which no fee for the privilege to park is charged and that is held open for the common public use of retail customers.
(3)This subdivision does not apply to any motor vehicle stored in a privately owned offstreet parking facility by, or with the express permission of, the owner of the privately owned offstreet parking facility.
(4)(A)(i)A violation of this subdivision shall not be the sole basis for any enforcement action before the second month after the month of expiration of the vehicles registration.
(ii)Notwithstanding clause (i), if a vehicle is stopped for any other violation of this code, enforcement action for a violation of this subdivision may be taken before the second month following the month of expiration.
(B)This paragraph shall be operative from July 1, 2024, to January 1, 2030, inclusive.
(b)A person shall not drive, move, or leave standing upon a highway any motor vehicle, as defined in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code, that has been registered in violation of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code.
(c)Subdivisions (a) and (b) do not apply to off-highway motor vehicles operated pursuant to Sections 38025 and 38026.5.
(d)This section does not apply, following payment of fees due for registration, during the time that registration and transfer is being withheld by the department pending the investigation of any use tax due under the Revenue and Taxation Code.
(e)Subdivision (a) does not apply to a vehicle that is towed by a tow truck on the order of a sheriff, marshal, or other official acting pursuant to a court order or on the order of a peace officer acting pursuant to this code.
(f)Subdivision (a) applies to a vehicle that is towed from a highway or offstreet parking facility under the direction of a highway service organization when that organization is providing emergency roadside assistance to that vehicle. However, the operator of a tow truck providing that assistance to that vehicle is not responsible for the violation of subdivision (a) with respect to that vehicle. The owner of an unregistered vehicle that is disabled and located on private property, shall obtain a permit from the department pursuant to Section 4003 prior to having the vehicle towed on the highway.
(g)(1)Pursuant to Section 4022 and to subparagraph (B) of paragraph (3) of subdivision (n) of Section 22651, a vehicle obtained by a licensed repossessor as a release of collateral is exempt from registration pursuant to this section for purposes of the repossessor removing the vehicle to their storage facility or the facility of the legal owner. A law enforcement agency, impounding authority, tow yard, storage facility, or any other person in possession of the collateral shall release the vehicle without requiring current registration and pursuant to subdivision (f) of Section 14602.6.
(2)The legal owner of collateral shall, by operation of law and without requiring further action, indemnify and hold harmless a law enforcement agency, city, county, city and county, the state, a tow yard, storage facility, or an impounding yard from a claim arising out of the release of the collateral to a licensee, and from any damage to the collateral after its release, including reasonable attorneys fees and costs associated with defending a claim, if the collateral was released in compliance with this subdivision.
(h)For purposes of this section, possession of a California drivers license by the registered owner of a vehicle shall give rise to a rebuttable presumption that the owner is a resident of California.
SEC. 5.Section 14602 of the Vehicle Code is amended to read:14602.In accordance with subdivision (o) of Section 22651, a vehicle removed pursuant to subdivision (c) of Section 2814.2 shall be released to the registered owner or their agent at any time the facility to which the vehicle has been removed is open upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration.
SEC. 6.Section 22651 of the Vehicle Code is amended to read:22651.A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations of a city, county, or jurisdiction of a state agency in which a vehicle is located may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(a)If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.
(b)If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.
(c)If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.
(d)If a vehicle is illegally parked so as to block the entrance to a private driveway, and it is impractical to move the vehicle from in front of the driveway to another point on the highway.
(e)If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant, and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.
(f)If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade, and the driver, if present, cannot move the vehicle under its own power.
(g)If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.
(h)(1)If an officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody.
(2)If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.
(i)If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of their identity and an address within this state where they can be located.
(j)If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.
(k)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(l)If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(m)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (u) and (v), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(n)(1)If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:
(A)(i)With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
(ii)Prior to removing a vehicle pursuant to this subparagraph, the officer or employee shall verify, using available Department of Motor Vehicles records, that no current registration exists for the vehicle. A vehicle shall not be removed pursuant to this subparagraph if it has a current registration on file with the Department of Motor Vehicles, regardless of whether the vehicle is in compliance with subdivision (a) of Section 5204. If the officer or employee does not have immediate access to those records, a vehicle shall not be removed pursuant to this subparagraph.
(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle or is not otherwise lawfully used on that vehicle under this code.
(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.
(D)(i)The vehicle is operating using autonomous technology, without the registered owner or manufacturer of the vehicle having first applied for and obtained a valid permit that is required to operate the vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)The vehicle is operating using autonomous technology after the registered owner or person in control of the vehicle received notice that the vehicles permit required for the operation of the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations is suspended, terminated, or revoked.
(iii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.
(iv)This subparagraph does not provide the authority for a peace officer to stop an autonomous vehicle solely for the purpose of determining whether the vehicle is operating using autonomous technology without a valid permit required to operate the autonomous vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(2)If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3)For the purposes of this subdivision, the vehicle shall be released under any of the following circumstances:
(A)If the vehicle has been removed pursuant to subparagraph (A), (B), or (C) of paragraph (1), to the registered owner of, or person in control of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license to operate the vehicle.
(B)If the vehicle has been removed pursuant to subparagraph (D) of paragraph (1), to the registered owner of, or person in control of, the autonomous vehicle, after the registered owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, if required to operate the autonomous vehicle, and either of the following:
(i)Proof of a valid permit required to operate the autonomous vehicle using autonomous technology on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)A declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit to operate the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:
(i)Pays the cost of towing and storing the vehicle.
(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.
(o)If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or their agent, except upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration to the impounding law enforcement agency or upon order of a court.
(p)If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense pursuant to a resolution or ordinance adopted by the local authority.
(q)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(r)(1)If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.
(2)Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.
(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.
(s)If a peace officer issues a notice to appear for a violation of Section 25279.
(t)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(u)(1)If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (l) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (l) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(v)(1)If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (o) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (o) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
SEC. 6.5.Section 22651 of the Vehicle Code is amended to read:22651.A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations of a city, county, or jurisdiction of a state agency in which a vehicle is located may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(a)If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.
(b)If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.
(c)If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.
(d)If a vehicle is illegally parked so as to block the entrance to a private driveway, and it is impractical to move the vehicle from in front of the driveway to another point on the highway.
(e)If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant, and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.
(f)If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade, and the driver, if present, cannot move the vehicle under its own power.
(g)If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.
(h)(1)If an officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by this code or other law, required or permitted to take, and and, except as provided in Section 23109.3, does take, the person into custody.
(2)If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.
(i)(1)If a vehicle, other than a rented vehicle, is found upon a highway or public land, or is removed pursuant to this code, and it is known that the vehicle has been issued five or more notices of parking violations to which the owner or person in control of the vehicle has not responded within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation to the agency responsible for processing notices of parking violations, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which a certificate has not been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following:(A)Evidence of their identity.(B)An address within this state where they can be located.(C)Satisfactory evidence that all parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle and all traffic violations of the registered owner have been cleared.(2)The requirements in subparagraph (C) of paragraph (1) shall be fully enforced by the impounding law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records.(3)A notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail has been deposited, that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county where the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. Evidence of current registration shall be produced after a vehicle has been impounded, or, at the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.(4)A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following:(A)Pays the cost of towing and storing the vehicle.(B)Submits evidence of payment of fees as provided in Section 9561.(C)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle, to which the registered owner is or may be entitled, as security for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. The legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, on receipt of that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.(5)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled pursuant to paragraph (4) has a deficiency claim against the registered owner for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.(j)(i)If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of their identity and an address within this state where they can be located.
(k)(j)If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.
(l)(k)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(m)(l)If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(n)(m)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (v) and (w), (u) and (v), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(o)(n)(1)If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:
(A)(i)With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
(ii)Prior to removing a vehicle pursuant to this subparagraph, the officer or employee shall verify, using available Department of Motor Vehicles records, that no current registration exists for the vehicle. A vehicle shall not be removed pursuant to this subparagraph if it has a current registration on file with the Department of Motor Vehicles, regardless of whether the vehicle is in compliance with subdivision (a) of Section 5204. If the officer or employee does not have immediate access to those records, a vehicle shall not be removed pursuant to this subparagraph.
(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle or is not otherwise lawfully used on that vehicle under this code.
(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.
(D)(i)The vehicle is operating using autonomous technology, without the registered owner or manufacturer of the vehicle having first applied for and obtained a valid permit that is required to operate the vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)The vehicle is operating using autonomous technology after the registered owner or person in control of the vehicle received notice that the vehicles permit required for the operation of the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations is suspended, terminated, or revoked.
(iii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.
(iv)This subparagraph does not provide the authority for a peace officer to stop an autonomous vehicle solely for the purpose of determining whether the vehicle is operating using autonomous technology without a valid permit required to operate the autonomous vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(2)If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3)For the purposes of this subdivision, the vehicle shall be released under any of the following circumstances:
(A)If the vehicle has been removed pursuant to subparagraph (A), (B), or (C) of paragraph (1), to the registered owner of, or person in control of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license to operate the vehicle.
(B)If the vehicle has been removed pursuant to subparagraph (D) of paragraph (1), to the registered owner of, or person in control of, the autonomous vehicle, after the registered owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, if required to operate the autonomous vehicle, and either of the following:
(i)Proof of a valid permit required to operate the autonomous vehicle using autonomous technology on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)A declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit to operate the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:
(i)Pays the cost of towing and storing the vehicle.
(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.
(p)(o)If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or their agent, except upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration to the impounding law enforcement agency or upon order of a court.
(q)(p)If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense pursuant to a resolution or ordinance adopted by the local authority.
(r)(q)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(s)(r)(1)If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.
(2)Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.
(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.
(t)(s)If a peace officer issues a notice to appear for a violation of Section 25279.
(u)(t)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(v)(u)(1)If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (m) (l) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (m) (l) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(w)(v)(1)If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (p) (o) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (p) (o) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to before the enforcement of penalties for a violation of the ordinance.
SEC. 7.Section 22651.3 of the Vehicle Code is amended to read:22651.3.(a)Any peace officer, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any 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 any vehicle, other than a rented vehicle, is located may remove the vehicle from an offstreet public parking facility located within the territorial limits in which the officer or employee may act when the vehicle is illegally parked so as to prevent the movement of a legally parked vehicle.
(b)Evidence of current registration shall be produced after a vehicle has been impounded. At the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 may be issued to the owner or person in control of the vehicle, if the two days immediately following the day of impoundment are weekend days or holidays.
SEC. 8.Section 22851.1 of the Vehicle Code is amended to read:22851.1.(a)If the vehicle is impounded prior to January 1, 2025, pursuant to subdivision (i) of Section 22651, as that section read on December 31, 2024, and not released as provided in that subdivision, the vehicle may be sold pursuant to this chapter to satisfy the liens specified in Section 22851 and in subdivision (b) of this section.
(b)A local authority impounding a vehicle pursuant to subdivision (i) of Section 22651 shall have a lien dependent upon possession by the keeper of the garage for satisfaction of bail for all outstanding notices of parking violation issued by the local authority for the vehicle, when the conditions specified in subdivision (c) have been met. This lien shall be subordinate in priority to the lien established by Section 22851, and the proceeds of any sale shall be applied accordingly. Consistent with this order of priority, the term lien, as used in this article and in Chapter 6.5 (commencing with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code, includes a lien imposed by this subdivision. In any action brought to perfect the lien, where required by subdivision (d) of Section 22851.8 of this code, or by subdivision (d) of Section 3071 or subdivision (d) of Section 3072 of the Civil Code, it shall be a defense to the recovery of bail that the owner of the vehicle at the time of impoundment was not the owner of the vehicle at the time of the parking offense.
(c)A lien shall exist for bail with respect to parking violations for which no person has answered the charge in the notice of parking violation given, or filed an affidavit of nonownership pursuant to and within the time specified in subdivision (b) of Section 41103.
SEC. 9.Section 40202 of the Vehicle Code is amended to read:40202.(a)If a vehicle is unattended during the time of the violation, the peace officer or person authorized to enforce parking laws and regulations shall securely attach to the vehicle a notice of parking violation setting forth the violation, including reference to the section of this code or of the Public Resources Code, the local ordinance, or the federal statute or regulation so violated; the date; the approximate time thereof; the location where the violation occurred; a statement printed on the notice indicating that the date of payment is required to be made not later than 21 calendar days from the date of citation issuance; and the procedure for the registered owner, lessee, or rentee to deposit the parking penalty or, pursuant to Section 40215, contest the citation. The notice of parking violation shall also set forth the vehicle license number and registration expiration date if they are visible, the last four digits of the vehicle identification number, if that number is readable through the windshield, the color of the vehicle, and, if possible, the make of the vehicle. The notice of parking violation, or copy thereof, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency and shall be prima facie evidence of the facts contained therein.
(b)The notice of parking violation shall be served by attaching it to the vehicle either under the windshield wiper or in another conspicuous place upon the vehicle so as to be easily observed by the person in charge of the vehicle upon the return of that person.
(c)Once the issuing officer has prepared the notice of parking violation and has attached it to the vehicle as provided in subdivisions (a) and (b), the officer shall file the notice with the processing agency. Any person, including the issuing officer and any member of the officers department or agency, or any peace officer who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed the face of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the processing agency or with a person authorized to receive the deposit of the parking penalty, is guilty of a misdemeanor.
(d)If, during the issuance of a notice of parking violation, without regard to whether the vehicle was initially attended or unattended, the vehicle is driven away prior to attaching the notice to the vehicle, the issuing officer shall file the notice with the processing agency. The processing agency shall mail, within 15 calendar days of issuance of the notice of parking violation, a copy of the notice of parking violation or transmit an electronic facsimile of the notice to the registered owner.
(e)If the issuing officer or the issuing agency determines that, in the interest of justice, the notice of parking violation should be canceled, the issuing agency, pursuant to subdivision (a) of Section 40215, shall cancel the notice of parking violation or, if the issuing agency has contracted with a processing agency, shall notify the processing agency to cancel the notice of parking violation pursuant to subdivision (a) of Section 40215. The reason for the cancellation shall be set forth in writing.
If, after a copy of the notice of parking violation is attached to the vehicle, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing, on a form attached to the original notice, the necessary correction to allow for the timely entry of the notice on the processing agencys data system. A copy of the correction shall be mailed to the registered owner of the vehicle.
(f)Under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for cancellation.
SEC. 10.Section 40203.5 of the Vehicle Code is amended to read:40203.5.(a)The schedule of parking penalties for parking violations and late payment penalties shall be established by the governing body of the jurisdiction where the notice of violation is issued. To the extent possible, issuing agencies within the same county shall standardize parking penalties.
(b)Parking penalties under this article shall be collected as civil penalties.
(c)(1)Notwithstanding subdivision (a) the penalty for a violation of Section 22507.8 or an ordinance or resolution adopted pursuant to Section 22511.57 shall be not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000).
(2)The issuing agency may suspend the imposition of the penalty in paragraph (1), if the violator, at the time of the offense, possesses but failed to display a valid special identification license plate issued pursuant to Section 5007 or a distinguishing placard issued pursuant to Section 22511.55 or 22511.59.
(3)A penalty imposed pursuant to this subdivision may be paid in installments, or be reduced or waived installments if the issuing agency determines that the violator is unable to pay the entire amount in one payment.
(4)The issuing agency may reduce or waive a penalty imposed pursuant to this subdivision if the violator provides evidence satisfactory to the issuing agency of an inability to pay the parking penalty in full.
SEC. 11.Section 40204 of the Vehicle Code is amended to read:40204.(a)If the parking penalty is received by the person authorized to receive the deposit of the parking penalty and there is no contest as to that parking violation, the proceedings under this article shall terminate.
(b)The issuing agency may, consistent with the written guidelines established by the agency, allow the parking payment to be paid in installments, or be reduced or waived if the violator provides evidence satisfactory to the issuing agency of an inability to pay the parking penalty in full.
SEC. 12.Section 40206.5 of the Vehicle Code is amended to read:40206.5.(a)Within 15 days of a request, by mail or in person, the processing agency shall mail or otherwise provide to any person who has received a notice of delinquent parking violation, or their agent, a photostatic copy of the original notice of parking violation or an electronically produced facsimile of the original notice of parking violation. The issuing agency may charge a fee sufficient to recover the actual cost of providing the copy, not to exceed two dollars ($2). Until the issuing agency complies with a request for a copy of the original notice of parking violation, the processing agency may not proceed pursuant to Section 40220.
(b)If the description of the vehicle on the notice of parking violation does not substantially match the corresponding information on the registration card for that vehicle and the processing agency is satisfied that the vehicle has not been incorrectly described due to the intentional switching of license plates, the processing agency shall, on written request of the person cancel the notice of parking violation without the necessity of an appearance by that person.
(c)For purposes of this section, a copy of the notice of parking violation may be a photostatic copy or an electronically produced facsimile.
SEC. 13.Section 40220 of the Vehicle Code is amended to read:40220.(a)Except as otherwise provided in Sections 40220.5, 40221, and 40222, the processing agency may proceed under one of the following options in order to collect an unpaid parking penalty and related service fees:
(1)(A)File an itemization of unpaid parking penalties and related service fees with the department for collection with the registration of the vehicle pursuant to Section 4760. For unpaid parking penalties issued on and after July 1, 2018, and related service fees, the processing agency shall not file an itemization with the department unless all of the following conditions have been satisfied:
(i)The processing agency provides a payment plan option for low-income persons that, at a minimum, does all of the following:
(I)Allows payment of unpaid parking penalties and related service fees in monthly installments of no more than twenty-five dollars ($25) and reduces the total amount due so that it may be paid off within 24 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
(II)Waives all late fees and penalty assessments, exclusive of any state surcharges described in Sections 70372, 76000, and 76000.3 of the Government Code, if a low-income person enrolls in the payment plan. Waived late fees and penalty assessments may be reinstated if the person falls out of compliance with the payment plan.
(III)Limits the processing fee to participate in a payment plan to five dollars ($5) or less for low-income persons. The processing fee for a low-income person may be added to the payment plan amount, at the discretion of the low-income person.
(IV)Does not set a deadline following the issuance of a parking ticket for a person to file a request to participate in a payment plan.
(V)Allows for automatic payments.
(ii)The processing agency provides a process to waive an unpaid parking penalty, including a service fee or late fee, for a vehicle if the registered owner was in custody in a juvenile facility, county jail, or state prison when the penalty was pending.
(iii)The processing agency provides a payment plan option for a person who does not qualify as low income that does all of the following:
(I)Allows payment of an unpaid parking penalty and related service fees in monthly installments over a period of at least 12 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
(II)Allows for automatic payments.
(III)Limits the processing fee to participate in the payment plan to twenty-five dollars ($25) or less.
(IV)Does not set a deadline following the issuance of a parking ticket for a person to file a request to participate in a payment plan.
(iv)Sixty days before filing the itemization with the department, the processing agency mails a courtesy warning notice to the registered vehicle owner that contains the information in clauses (v) and (vi).
(v)The processing agency includes all of the following information in the notice of parking violation:
(I)The availability of the payment plans described in clauses (i) and (iii).
(II)An internet website link and telephone number that provide more information about the payment plans.
(vi)The processing agency, at a clear and easily accessible location on its internet website and in the same manner as it generally provides information and instructions on the payment of a parking citation, including at an in-person payment counter or a telephone recording, includes all of the following information on its internet website:
(I)The availability of payment plans described in clauses (i) and (iii) and a description of those plans that includes the statutory requirements to qualify for each plan.
(II)Clear language about how the person can request an indigency determination and what that determination will entail.
(III)Clear language about how the person can request a waiver of unpaid parking penalties under clause (ii) and what that process will entail.
(IV)A telephone number that provides more information about the payment plans.
(B)The processing agency shall allow a low-income person who falls out of compliance with the payment plan at least four extensions of 45 calendar days from the date the payment plan becomes delinquent to resume payments before the processing agency may file an itemization of unpaid parking penalties and related service fees with the department pursuant to subparagraph (A). The processing agency shall allow a non-low-income person who falls out of compliance with the payment plan a one-time extension of 45 calendar days from the date the payment plan becomes delinquent to resume payments before the processing agency may file an itemization of unpaid parking penalties and related service fees with the department pursuant to subparagraph (A).
(C)The processing agency shall rescind the filing of an itemization of unpaid parking penalties and related service fees with the department if the registered owner or lessee enrolls in a payment plan and pays a late fee of no more than five dollars ($5).
(D)(i)Each California State University and community college district governing board shall adopt a parking citation payment plan for persons with multiple unpaid parking citations. A parking citation payment policy adopted under this subparagraph shall include, but not be limited to, all of the following requirements:
(I)Late fees shall be placed in abeyance while the payment plan is in place and the person adheres to its terms, and shall be waived once the payment plan is completed.
(II)Once the payment plan is in place and the person adheres to its terms, an itemization of unpaid parking penalties and service fees as described in subparagraph (A) shall not be filed with the department.
(III)Each California State University and community college district campus shall post the parking citation payment policy on its internet website for students awareness and access.
(ii)A California State University or community college district governing board that fails to implement a parking citation payment plan pursuant to clause (i) shall implement the payment plan as provided in subparagraphs (A) to (C), inclusive, and subdivision (c).
(2) (A)If more than four hundred dollars ($400) in unpaid penalties and fees have been accrued by a person or registered owner, proof thereof may be filed with the court and shall have the same effect as a civil judgment. Execution may be levied and other measures may be taken for the collection of the judgment as are authorized for the collection of an unpaid civil judgment entered against a defendant in an action on a debtor. The court may assess costs against a judgment debtor to be paid upon satisfaction of the judgment. The processing agency shall send a notice by first-class mail to the person or registered owner indicating that a judgment shall be entered for the unpaid penalties, fees, and costs and that, after 21 calendar days from the date of the mailing of the notice, the judgment shall have the same effect as an entry of judgment against a judgment debtor. The person or registered owner shall also be notified at that time that execution may be levied against their assets, liens may be placed against their property, their wages may be garnished, and other steps may be taken to satisfy the judgment. If a judgment is rendered for the processing agency, the processing agency may contract with a collection agency to collect the amount of the judgment.
(B)Notwithstanding any other law, the processing agency shall pay the established first paper civil filing fee at the time an entry of civil judgment is requested.
(3)If the registration of the vehicle has not been renewed for 60 days beyond the renewal date, and the citation has not been collected by the department pursuant to Section 4760, file proof of unpaid penalties and fees with the court with the same effect as a civil judgment as provided in paragraph (2).
(b)This section does not apply to a registered owner of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle, and the department has notified the processing agency pursuant to Section 4764.
(c)(1)For purposes of paragraph (1) of subdivision (a), a person is low income if any of the following conditions is met:
(A)The person has a monthly income 300 percent or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of paragraph (2) of Section 9902 of Title 42 of the United States Code.
(B)The person receives public benefits from a program listed in subdivision (a) of Section 68632 of the Government Code.
(2)The person may demonstrate that the person is low income by providing either of the following information, as applicable:
(A)Proof of income from a pay stub or another form of proof of earnings, such as a bank statement, that shows that the person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code, subject to review and approval by the processing agency or its designee. The processing agency or its designee shall not unreasonably withhold its approval.
(B)Proof of receipt of benefits under the programs described in subparagraph (B) of paragraph (1), including, but not limited to, an electronic benefits transfer card or another card, subject to review and approval by the processing agency. The processing agency or its designee shall not unreasonably withhold its approval.
(3)If a persons low-income status is found to have been willfully fraudulent, the persons penalties and fees reduction shall be overturned and the full amount of penalties and fees shall be restored.
SEC. 14.Section 40261 of the Vehicle Code is amended to read:40261.(a)Within 10 days from the mailing of a notice of delinquent toll evasion violation, any person or their agent, may request by mail or in person a photostatic copy or an electronically produced facsimile of the original notice of toll evasion violation. The issuing agency may charge a fee sufficient to recover the actual cost of providing the copy, not to exceed two dollars ($2). Within 15 days of the request, the processing agency shall mail or otherwise provide the copy. Until the issuing agency complies with a request for a copy of the original notice of toll evasion violation, the processing agency may not proceed pursuant to Section 40267.
(b)If the description of the vehicle on the notice of toll evasion violation does not match the departments corresponding vehicle registration record, the processing agency may, on written request of the person, cancel the notice of toll evasion violation without the necessity of an appearance by that person.
SEC. 15.Section 6.5 of this bill incorporates amendments to Section 22651 of the Vehicle Code proposed by both this bill and Assembly Bill 1978. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 22651 of the Vehicle Code, and (3) this bill is enacted after Assembly Bill 1978, in which case Section 6 of this bill shall not become operative.
(a)Except for vehicles registered pursuant to Article 5 (commencing with Section 9700) of Chapter 6 of Division 3, the department shall notify the registered owner of each vehicle of the date that the registration renewal fees for the vehicle are due, at least 60 days prior to that due date. The department shall indicate the fact that the required notice was mailed by a notation in the departments records.
(b)The department shall include in any final notice of delinquent registration provided to the registered owner of a vehicle whose registration has not been properly renewed as required under this code, information relating to the potential removal and impoundment of that vehicle under subdivision (n) of Section 22651.
(c)Commencing on May 1, 2011, subdivision (a) shall not apply to vehicles with registration expiring on or after July 1, 2011. This subdivision shall become inoperative on January 1, 2012.
SEC. 2.Section 2810.2 of the Vehicle Code is amended to read:2810.2.(a)(1)A peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may stop a vehicle transporting agricultural irrigation supplies that are in plain view to inspect the bills of lading, shipping, or delivery papers, or other evidence to determine whether the driver is in legal possession of the load, if the vehicle is on a rock road or unpaved road that is located in a county that has elected to implement this section and the road is located as follows:
(A)Located under the management of the Department of Parks and Recreation, the Department of Fish and Wildlife, the Department of Forestry and Fire Protection, the State Lands Commission, a regional park district, the United States Forest Service, or the federal Bureau of Land Management.
(B)Located within the respective ownership of a timberland production zone, as defined in Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code, either that is larger than 50,000 acres or for which the owner of more than 2,500 acres has given express written permission for a vehicle to be stopped within that zone pursuant to this section.
(2)Upon reasonable belief that the driver of the vehicle is not in legal possession, the law enforcement officer specified in paragraph (1) shall take custody of the vehicle and load and turn them over to the custody of the sheriff of the county that has elected to implement this section where the agricultural irrigation supplies are apprehended.
(b)The sheriff shall receive and provide for the care and safekeeping of the apprehended agricultural irrigation supplies that were in plain view within the boundaries of public lands under the management of the entities listed in subparagraph (A) of paragraph (1) of subdivision (a) or on a timberland production zone as specified in subparagraph (B) of paragraph (1) of subdivision (a), and immediately, in cooperation with the department, proceed with an investigation and its legal disposition.
(c)An expense incurred by the sheriff in the performance of their duties under this section shall be a legal charge against the county.
(d)Except as provided in subdivision (e), a peace officer shall not cause the impoundment of a vehicle at a traffic stop made pursuant to subdivision (a) if the drivers only offense is a violation of Section 12500.
(e)During the conduct of pulling a driver over in accordance with subdivision (a), if the peace officer encounters a driver who is in violation of Section 12500, the peace officer shall make a reasonable attempt to identify the registered owner of the vehicle. If the registered owner is present, or the peace officer is able to identify the registered owner and obtain the registered owners authorization to release the motor vehicle to a licensed driver during the vehicle stop, the vehicle shall be released to either the registered owner of the vehicle if they are a licensed driver or to the licensed driver authorized by the registered owner of the vehicle. If a notice to appear is issued, the name and the drivers license number of the licensed driver to whom the vehicle was released pursuant to this subdivision shall be listed on the officers copy of the notice to appear issued to the unlicensed driver. If a vehicle cannot be released, the vehicle shall be removed pursuant to subdivision (o) of Section 22651, whether a notice to appear has been issued or not.
(f)For purposes of this section, agricultural irrigation supplies include agricultural irrigation water bladder and one-half inch diameter or greater irrigation line.
(g)This section shall be implemented only in a county where the board of supervisors adopts a resolution authorizing the enforcement of this section.
SEC. 3.Section 2814.2 of the Vehicle Code is amended to read:2814.2.(a)A driver of a motor vehicle shall stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop.
(b)Notwithstanding Section 14602.6 or 14607.6, a peace officer or any other authorized person shall not cause the impoundment of a vehicle at a sobriety checkpoint if the drivers only offense is a violation of Section 12500.
(c)During the conduct of a sobriety checkpoint, if the law enforcement officer encounters a driver who is in violation of Section 12500, the law enforcement officer shall make a reasonable attempt to identify the registered owner of the vehicle. If the registered owner is present, or the officer is able to identify the registered owner and obtain the registered owners authorization to release the motor vehicle to a licensed driver by the end of the checkpoint, the vehicle shall be released to either the registered owner of the vehicle if they are a licensed driver or to the licensed driver authorized by the registered owner of the vehicle. If a notice to appear is issued, the name and drivers license number of the licensed driver to whom the vehicle was released pursuant to this subdivision shall be listed on the officers copy of the notice to appear issued to the unlicensed driver. When a vehicle cannot be released, the vehicle shall be removed pursuant to subdivision (o) of Section 22651, whether a notice to appear has been issued or not.
SEC. 4.Section 4000 of the Vehicle Code is amended to read:4000.(a)(1)A person shall not drive, move, or leave standing upon a highway, or in an offstreet public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid under this code or registered under the permanent trailer identification program, except that an off-highway motor vehicle that displays an identification plate or device issued by the department pursuant to Section 38010 may be driven, moved, or left standing in an offstreet public parking facility without being registered or paying registration fees.(2)For purposes of this subdivision, offstreet public parking facility means either of the following:(A)Any publicly owned parking facility.(B)Any privately owned parking facility for which no fee for the privilege to park is charged and that is held open for the common public use of retail customers.(3)This subdivision does not apply to any motor vehicle stored in a privately owned offstreet parking facility by, or with the express permission of, the owner of the privately owned offstreet parking facility.(4)Beginning July 1, 2011, the enforcement of paragraph (1) shall commence on the first day of the second month following the month of expiration of the vehicles registration. This paragraph shall become inoperative on January 1, 2012.(b)No person shall drive, move, or leave standing upon a highway any motor vehicle, as defined in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code, that has been registered in violation of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code.(c)Subdivisions (a) and (b) do not apply to off-highway motor vehicles operated pursuant to Sections 38025 and 38026.5.(d)This section does not apply, following payment of fees due for registration, during the time that registration and transfer is being withheld by the department pending the investigation of any use tax due under the Revenue and Taxation Code.(e)Subdivision (a) does not apply to a vehicle that is towed by a tow truck on the order of a sheriff, marshal, or other official acting pursuant to a court order or on the order of a peace officer acting pursuant to this code.(f)Subdivision (a) applies to a vehicle that is towed from a highway or offstreet parking facility under the direction of a highway service organization when that organization is providing emergency roadside assistance to that vehicle. However, the operator of a tow truck providing that assistance to that vehicle is not responsible for the violation of subdivision (a) with respect to that vehicle. The owner of an unregistered vehicle that is disabled and located on private property, shall obtain a permit from the department pursuant to Section 4003 prior to having the vehicle towed on the highway.(g)(1)Pursuant to Section 4022 and to subparagraph (B) of paragraph (3) of subdivision (n) of Section 22651, a vehicle obtained by a licensed repossessor as a release of collateral is exempt from registration pursuant to this section for purposes of the repossessor removing the vehicle to their storage facility or the facility of the legal owner. A law enforcement agency, impounding authority, tow yard, storage facility, or any other person in possession of the collateral shall release the vehicle without requiring current registration and pursuant to subdivision (f) of Section 14602.6.(2)The legal owner of collateral shall, by operation of law and without requiring further action, indemnify and hold harmless a law enforcement agency, city, county, city and county, the state, a tow yard, storage facility, or an impounding yard from a claim arising out of the release of the collateral to a licensee, and from any damage to the collateral after its release, including reasonable attorneys fees and costs associated with defending a claim, if the collateral was released in compliance with this subdivision.(h)For purposes of this section, possession of a California drivers license by the registered owner of a vehicle shall give rise to a rebuttable presumption that the owner is a resident of California.SEC. 5.Section 4760 of the Vehicle Code is amended to read:4760.(a)(1)Except as provided in subdivision (b) or (d), the department shall refuse to renew the registration of a vehicle if the registered owner or lessee has been mailed a notice of delinquent parking violation relating to standing or parking, the processing agency has filed or electronically transmitted to the department an itemization of unpaid parking penalties, including administrative fees pursuant to Section 40220, and the owner or lessee has not paid the parking penalties and administrative fees pursuant to Section 40211, unless they pay to the department, at the time of application for renewal, the full amount of all outstanding parking penalties and administrative fees, as shown by records of the department, or the itemization of unpaid parking penalties has been rescinded pursuant to Section 40220.(2)When the department receives the full amount of all outstanding parking penalties and administrative fees pursuant to paragraph (1), it shall issue a receipt showing each parking penalty and administrative fee that has been paid, the processing agency for that penalty and fee, and a description of the vehicle involved in the parking violations. The receipt shall also state that, to reduce the possibility of further collection actions or impoundment under Section 22651 of the vehicle involved in the parking violation, the registered owner or lessee may transmit to that processing agency a copy or other evidence of the receipt.(b)The department shall not refuse to renew the registration of a vehicle owned by a renter or lessor if the applicant provides the department with the abstract or notice of disposition of parking violation issued pursuant to subdivision (c) for clearing all outstanding parking penalties and administrative fees as shown by the records of the department.(c)The court or designated processing agency shall issue an abstract or notice of disposition of parking violation to the renter or lessor of a vehicle issued a notice of delinquent parking violation relating to standing or parking if the renter or lessor provides the court or processing agency with the name, address, and drivers license number of the rentee or lessee at the time of occurrence of the parking violation.(d)The department shall not refuse to renew the registration of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle.(e)The department shall allow a registered owner or lessee to file a certification that the vehicle will not be operated, moved, or left standing upon a highway pursuant to Section 4604, if the registered owner or lessee currently owes parking penalties and administrative fees for that vehicle, regardless of whether or not that registered owner or lessee is currently on an active payment plan pursuant to Section 40220.(f)This section shall become inoperative on January 1, 2029, and as of that date is repealed.SEC. 6.Section 4760 is added to the Vehicle Code, to read:4760.(a)(1)Except as provided in subdivision (b) or (d), the department shall refuse to renew the registration of a vehicle if the registered owner or lessee has been mailed a notice of delinquent parking violation relating to standing or parking, the processing agency has filed or electronically transmitted to the department an itemization of unpaid parking penalties, including administrative fees pursuant to Section 40220, and the owner or lessee has not paid the parking penalties and administrative fees pursuant to Section 40211 for three or more parking violations, unless they pay to the department, at the time of application for renewal, the full amount of all outstanding parking penalties and administrative fees, as shown by records of the department, or the itemization of unpaid parking penalties has been rescinded pursuant to Section 40220.(2)When the department receives the full amount of all outstanding parking penalties and administrative fees pursuant to paragraph (1), it shall issue a receipt showing each parking penalty and administrative fee that has been paid, the processing agency for that penalty and fee, and a description of the vehicle involved in the parking violations. The receipt shall also state that, to reduce the possibility of further collection actions or impoundment under Section 22651 of the vehicle involved in the parking violation, the registered owner or lessee may transmit to that processing agency a copy or other evidence of the receipt.(b)The department shall not refuse to renew the registration of a vehicle owned by a renter or lessor if the applicant provides the department with the abstract or notice of disposition of parking violation issued pursuant to subdivision (c) for clearing all outstanding parking penalties and administrative fees as shown by the records of the department.(c)The court or designated processing agency shall issue an abstract or notice of disposition of parking violation to the renter or lessor of a vehicle issued a notice of delinquent parking violation relating to standing or parking if the renter or lessor provides the court or processing agency with the name, address, and drivers license number of the rentee or lessee at the time of occurrence of the parking violation.(d)The department shall not refuse to renew the registration of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle.(e)The department shall allow a registered owner or lessee to file a certification that the vehicle will not be operated, moved, or left standing upon a highway pursuant to Section 4604, if the registered owner or lessee currently owes parking penalties and administrative fees for that vehicle, regardless of whether or not that registered owner or lessee is currently on an active payment plan pursuant to Section 40220.(f)This section shall become operative on January 1, 2029.SEC. 4.Section 4000 of the Vehicle Code is amended to read:4000.(a)(1)A person shall not drive, move, or leave standing upon a highway, or in an offstreet public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid under this code or registered under the permanent trailer identification program, except that an off-highway motor vehicle which that displays an identification plate or device issued by the department pursuant to Section 38010 may be driven, moved, or left standing in an offstreet public parking facility without being registered or paying registration fees.
(2)For purposes of this subdivision, offstreet public parking facility means either of the following:
(A)Any publicly owned parking facility.
(B)Any privately owned parking facility for which no fee for the privilege to park is charged and which that is held open for the common public use of retail customers.
(3)This subdivision does not apply to any motor vehicle stored in a privately owned offstreet parking facility by, or with the express permission of, the owner of the privately owned offstreet parking facility.
(4)(A)(i)A violation of this subdivision shall not be the sole basis for any enforcement action before the second month after the month of expiration of the vehicles registration.
(ii)Notwithstanding clause (i), if a vehicle is stopped for any other violation of this code, enforcement action for a violation of this subdivision may be taken before the second month following the month of expiration.
(B)This paragraph shall be operative from July 1, 2024, to January 1, 2030, inclusive.
(b)A person shall not drive, move, or leave standing upon a highway any motor vehicle, as defined in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code, that has been registered in violation of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code.
(c)Subdivisions (a) and (b) do not apply to off-highway motor vehicles operated pursuant to Sections 38025 and 38026.5.
(d)This section does not apply, following payment of fees due for registration, during the time that registration and transfer is being withheld by the department pending the investigation of any use tax due under the Revenue and Taxation Code.
(e)Subdivision (a) does not apply to a vehicle that is towed by a tow truck on the order of a sheriff, marshal, or other official acting pursuant to a court order or on the order of a peace officer acting pursuant to this code.
(f)Subdivision (a) applies to a vehicle that is towed from a highway or offstreet parking facility under the direction of a highway service organization when that organization is providing emergency roadside assistance to that vehicle. However, the operator of a tow truck providing that assistance to that vehicle is not responsible for the violation of subdivision (a) with respect to that vehicle. The owner of an unregistered vehicle that is disabled and located on private property, shall obtain a permit from the department pursuant to Section 4003 prior to having the vehicle towed on the highway.
(g)(1)Pursuant to Section 4022 and to subparagraph (B) of paragraph (3) of subdivision (o) (n) of Section 22651, a vehicle obtained by a licensed repossessor as a release of collateral is exempt from registration pursuant to this section for purposes of the repossessor removing the vehicle to their storage facility or the facility of the legal owner. A law enforcement agency, impounding authority, tow yard, storage facility, or any other person in possession of the collateral shall release the vehicle without requiring current registration and pursuant to subdivision (f) of Section 14602.6.
(2)The legal owner of collateral shall, by operation of law and without requiring further action, indemnify and hold harmless a law enforcement agency, city, county, city and county, the state, a tow yard, storage facility, or an impounding yard from a claim arising out of the release of the collateral to a licensee, and from any damage to the collateral after its release, including reasonable attorneys fees and costs associated with defending a claim, if the collateral was released in compliance with this subdivision.
(h)For purposes of this section, possession of a California drivers license by the registered owner of a vehicle shall give rise to a rebuttable presumption that the owner is a resident of California.
SEC. 7.SEC. 5.Section 14602 of the Vehicle Code is amended to read:14602.In accordance with subdivision (o) of Section 22651, a vehicle removed pursuant to subdivision (c) of Section 2814.2 shall be released to the registered owner or their agent at any time the facility to which the vehicle has been removed is open upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration.
SEC. 8.Section 22651 of the Vehicle Code is amended to read:22651.A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:(a)If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.(b)If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.(c)If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.(d)If a vehicle is illegally parked so as to block the entrance to a private driveway and it is impractical to move the vehicle from in front of the driveway to another point on the highway.(e)If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.(f)If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade and the driver, if present, cannot move the vehicle under its own power.(g)If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.(h)(1)If an officer arrests a person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody.(2)If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.(i)If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of their identity and an address within this state where they can be located.(j)If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.(k)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.(l)If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.(m)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (u) and (v), a vehicle shall not be removed unless signs are posted giving notice of the removal.(n)(1)If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:(A)With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle, or is not otherwise lawfully used on that vehicle under this code.(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.(D)(i)The vehicle is operating using autonomous technology, without the registered owner or manufacturer of the vehicle having first applied for, and obtained, a valid permit that is required to operate the vehicle on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.(ii)The vehicle is operating using autonomous technology after the registered owner or person in control of the vehicle received notice that the vehicles permit required for the operation of the vehicle pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations is suspended, terminated, or revoked.(iii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.(iv)This subparagraph does not provide the authority for a peace officer to stop an autonomous vehicle solely for the purpose of determining whether the vehicle is operating using autonomous technology without a valid permit required to operate the autonomous vehicle on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.(2)If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.(3)For the purposes of this subdivision, the vehicle shall be released under any of the following circumstances:(A)If the vehicle has been removed pursuant to subparagraph (A), (B), or (C) of paragraph (1), to the registered owner of, or person in control of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license to operate the vehicle.(B)If the vehicle has been removed pursuant to subparagraph (D) of paragraph (1), to the registered owner of, or person in control of, the autonomous vehicle, after the registered owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, if required to operate the autonomous vehicle, and either of the following:(i)Proof of a valid permit required to operate the autonomous vehicle using autonomous technology on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.(ii)A declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit to operate the vehicle pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:(i)Pays the cost of towing and storing the vehicle.(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking, and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.(o)If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or their agent, except upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration, to the impounding law enforcement agency, or upon order of a court.(p)If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense, pursuant to a resolution or ordinance adopted by the local authority.(q)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.(r)(1)If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.(2)Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.(s)If a peace officer issues a notice to appear for a violation of Section 25279.(t)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.(u)(1)If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (m) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (m) of Section 21100, may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance, that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.(v)(1)If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (p) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (p) of Section 21100, may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.(w)(1)If a vehicle, other than a rented vehicle, is found upon a highway or public land, or is removed pursuant to this code, and it is known that the vehicle has been issued five or more notices of parking violations to which the owner or person in control of the vehicle has not responded within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation to the agency responsible for processing notices of parking violations, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which a certificate has not been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following:(A)Evidence of their identity.(B)An address within this state where they can be located.(C)Satisfactory evidence that all parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle, and all traffic violations of the registered owner, have been cleared.(2)The requirements in subparagraph (C) of paragraph (1) shall be fully enforced by the impounding law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records.(3)A notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail has been deposited, that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county where the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. Evidence of current registration shall be produced after a vehicle has been impounded, or, at the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.(4)A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following:(A)Pays the cost of towing and storing the vehicle.(B)Submits evidence of payment of fees as provided in Section 9561.(C)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. The legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, on receipt of that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.(5)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled pursuant to paragraph (4) has a deficiency claim against the registered owner for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.(6)This subdivision shall only be enforced by agents of public higher educational institutions, including the University of California, California State University, and California Community Colleges.SEC. 6.Section 22651 of the Vehicle Code is amended to read:22651.A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations of a city, county, or jurisdiction of a state agency in which a vehicle is located may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(a)If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.
(b)If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.
(c)If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.
(d)If a vehicle is illegally parked so as to block the entrance to a private driveway, and it is impractical to move the vehicle from in front of the driveway to another point on the highway.
(e)If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant, and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.
(f)If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade, and the driver, if present, cannot move the vehicle under its own power.
(g)If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.
(h)(1)If an officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody.
(2)If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.
(i)(1)If a vehicle, other than a rented vehicle, is found upon a highway or public land, or is removed pursuant to this code, and it is known that the vehicle has been issued five or more notices of parking violations to which the owner or person in control of the vehicle has not responded within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation to the agency responsible for processing notices of parking violations, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which a certificate has not been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following:(A)Evidence of their identity.(B)An address within this state where they can be located.(C)Satisfactory evidence that all parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle and all traffic violations of the registered owner have been cleared.(2)The requirements in subparagraph (C) of paragraph (1) shall be fully enforced by the impounding law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records.(3)A notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail has been deposited, that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county where the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. Evidence of current registration shall be produced after a vehicle has been impounded, or, at the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.(4)A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following:(A)Pays the cost of towing and storing the vehicle.(B)Submits evidence of payment of fees as provided in Section 9561.(C)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle, to which the registered owner is or may be entitled, as security for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. The legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, on receipt of that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.(5)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled pursuant to paragraph (4) has a deficiency claim against the registered owner for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.(j)(i)If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of their identity and an address within this state where they can be located.
(k)(j)If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.
(l)(k)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(m)(l)If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(n)(m)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (v) and (w), (u) and (v), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(o)(n)(1)If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:
(A)(i)With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
(ii)Prior to removing a vehicle pursuant to this subparagraph, the officer or employee shall verify, using available Department of Motor Vehicles records, that no current registration exists for the vehicle. A vehicle shall not be removed pursuant to this subparagraph if it has a current registration on file with the Department of Motor Vehicles, regardless of whether the vehicle is in compliance with subdivision (a) of Section 5204. If the officer or employee does not have immediate access to those records, a vehicle shall not be removed pursuant to this subparagraph.
(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle or is not otherwise lawfully used on that vehicle under this code.
(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.
(D)(i)The vehicle is operating using autonomous technology, without the registered owner or manufacturer of the vehicle having first applied for and obtained a valid permit that is required to operate the vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)The vehicle is operating using autonomous technology after the registered owner or person in control of the vehicle received notice that the vehicles permit required for the operation of the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations is suspended, terminated, or revoked.
(iii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.
(iv)This subparagraph does not provide the authority for a peace officer to stop an autonomous vehicle solely for the purpose of determining whether the vehicle is operating using autonomous technology without a valid permit required to operate the autonomous vehicle on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(2)If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3)For the purposes of this subdivision, the vehicle shall be released under any of the following circumstances:
(A)If the vehicle has been removed pursuant to subparagraph (A), (B), or (C) of paragraph (1), to the registered owner of, or person in control of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license to operate the vehicle.
(B)If the vehicle has been removed pursuant to subparagraph (D) of paragraph (1), to the registered owner of, or person in control of, the autonomous vehicle, after the registered owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, if required to operate the autonomous vehicle, and either of the following:
(i)Proof of a valid permit required to operate the autonomous vehicle using autonomous technology on public roads pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)A declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit to operate the vehicle pursuant to Section 38750, Article 3.7 (commencing with Section 227.00) of Title 13 of the California Code of Regulations, and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:
(i)Pays the cost of towing and storing the vehicle.
(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.
(p)(o)If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or their agent, except upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration to the impounding law enforcement agency or upon order of a court.
(q)(p)If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense pursuant to a resolution or ordinance adopted by the local authority.
(r)(q)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(s)(r)(1)If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.
(2)Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.
(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.
(t)(s)If a peace officer issues a notice to appear for a violation of Section 25279.
(u)(t)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(v)(u)(1)If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (m) (l) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (m) (l) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(w)(v)(1)If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (p) (o) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (p) (o) of Section 21100 may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
SEC. 9.SEC. 7.Section 22651.3 of the Vehicle Code is amended to read:22651.3.(a)Any peace officer, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any 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 any vehicle, other than a rented vehicle, is located may remove the vehicle from an offstreet public parking facility located within the territorial limits in which the officer or employee may act when the vehicle is illegally parked so as to prevent the movement of a legally parked vehicle.
(b)Evidence of current registration shall be produced after a vehicle has been impounded. At the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 may be issued to the owner or person in control of the vehicle, if the two days immediately following the day of impoundment are weekend days or holidays.
SEC. 10.Section 22651.7 of the Vehicle Code is amended to read:22651.7.(a)In addition to, or as an alternative to, removal, an agent of public higher educational institutions, including the University of California, California State University, and California Community Colleges, of a jurisdiction in which a vehicle is located may immobilize the vehicle with a device designed and manufactured for the immobilization of vehicles, on a highway or any public lands located within the territorial limits in which the agent may act if the vehicle is found upon a highway or public lands and it is known to have been issued five or more notices of parking violations that are delinquent because the owner or person in control of the vehicle has not responded to the agency responsible for processing notices of parking violation within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which no certificate has been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17. The vehicle may be immobilized until that person furnishes to the immobilizing law enforcement agency all of the following:(1)Evidence of their identity.(2)An address within this state at which they can be located.(3)Satisfactory evidence that the full amount of parking penalties has been deposited for all notices of parking violation issued for the vehicle and any other vehicle registered to the registered owner of the immobilized vehicle and that bail has been deposited for all traffic violations of the registered owner that have not been cleared. The requirements in this paragraph shall be fully enforced by the immobilizing law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records. A notice of parking violation issued to the vehicle shall be accompanied by a warning that repeated violations may result in the impounding or immobilization of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail, or both, have been deposited that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county in which the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is immobilized. Evidence of current registration shall be produced after a vehicle has been immobilized or, at the discretion of the immobilizing law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.(b)A person, other than a person authorized under subdivision (a), shall not immobilize a vehicle.SEC. 11.Section 22651.8 of the Vehicle Code is amended to read:22651.8.For purposes of paragraph (1) of subdivision (w) of Section 22651 and Section 22651.7, satisfactory evidence includes, but is not limited to, a copy of a receipt issued by the department pursuant to subdivision (a) of Section 4760 for the payment of notices of parking violations appearing on the departments records at the time of payment. The processing agency shall, within 72 hours of receiving that satisfactory evidence, update its records to reflect the payments made to the department. If the processing agency does not receive the amount of the parking penalties and administrative fees from the department within four months of the date of issuance of that satisfactory evidence, the processing agency may revise its records to reflect that no payments were received for the notices of parking violation.SEC. 12.SEC. 8.Section 22851.1 of the Vehicle Code is amended to read:22851.1.(a)If the vehicle is impounded prior to January 1, 2025, pursuant to subdivision (w) (i) of Section 22651 22651, as that section read on December 31, 2024, and not released as provided in that subdivision, the vehicle may be sold pursuant to this chapter to satisfy the liens specified in Section 22851 and in subdivision (b) of this section.
(b)A local authority impounding a vehicle pursuant to subdivision (w) (i) of Section 22651 shall have a lien dependent upon possession by the keeper of the garage for satisfaction of bail for all outstanding notices of parking violation issued by the local authority for the vehicle, when the conditions specified in subdivision (c) have been met. This lien shall be subordinate in priority to the lien established by Section 22851, and the proceeds of any sale shall be applied accordingly. Consistent with this order of priority, the term lien, as used in this article and in Chapter 6.5 (commencing with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code, includes a lien imposed by this subdivision. In any action brought to perfect the lien, where required by subdivision (d) of Section 22851.8 of this code, or by subdivision (d) of Section 3071 or subdivision (d) of Section 3072 of the Civil Code, it shall be a defense to the recovery of bail that the owner of the vehicle at the time of impoundment was not the owner of the vehicle at the time of the parking offense.
(c)A lien shall exist for bail with respect to parking violations for which no person has answered the charge in the notice of parking violation given, or filed an affidavit of nonownership pursuant to and within the time specified in subdivision (b) of Section 41103.
(d)Beginning on January 1, 2024, this section shall only be enforced by agents of public higher educational institutions, including the University of California, California State University, and California Community Colleges. If a vehicle is impounded by a local authority prior to January 1, 2024, the local authority may sell the vehicle pursuant to this section.SEC. 9.Section 40202 of the Vehicle Code is amended to read:40202.(a)If a vehicle is unattended during the time of the violation, the peace officer or person authorized to enforce parking laws and regulations shall securely attach to the vehicle a notice of parking violation setting forth the violation, including reference to the section of this code or of the Public Resources Code, the local ordinance, or the federal statute or regulation so violated; the date; the approximate time thereof; the location where the violation occurred; a statement printed on the notice indicating that the date of payment is required to be made not later than 21 calendar days from the date of citation issuance; and the procedure for the registered owner, lessee, or rentee to deposit the parking penalty or, pursuant to Section 40215, contest the citation. The notice of parking violation shall also set forth the vehicle license number and registration expiration date if they are visible, the last four digits of the vehicle identification number, if that number is readable through the windshield, the color of the vehicle, and, if possible, the make of the vehicle. The notice of parking violation, or copy thereof, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency and shall be prima facie evidence of the facts contained therein.
(b)The notice of parking violation shall be served by attaching it to the vehicle either under the windshield wiper or in another conspicuous place upon the vehicle so as to be easily observed by the person in charge of the vehicle upon the return of that person.
(c)Once the issuing officer has prepared the notice of parking violation and has attached it to the vehicle as provided in subdivisions (a) and (b), the officer shall file the notice with the processing agency. Any person, including the issuing officer and any member of the officers department or agency, or any peace officer who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed the face of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the processing agency or with a person authorized to receive the deposit of the parking penalty, is guilty of a misdemeanor.
(d)If, during the issuance of a notice of parking violation, without regard to whether the vehicle was initially attended or unattended, the vehicle is driven away prior to attaching the notice to the vehicle, the issuing officer shall file the notice with the processing agency. The processing agency shall mail, within 15 calendar days of issuance of the notice of parking violation, a copy of the notice of parking violation or transmit an electronic facsimile of the notice to the registered owner.
(e)If, within 21 days after the notice of parking violation is attached to the vehicle, If the issuing officer or the issuing agency determines that, in the interest of justice, the notice of parking violation should be canceled, the issuing agency, pursuant to subdivision (a) of Section 40215, shall cancel the notice of parking violation or, if the issuing agency has contracted with a processing agency, shall notify the processing agency to cancel the notice of parking violation pursuant to subdivision (a) of Section 40215. The reason for the cancellation shall be set forth in writing.
If, after a copy of the notice of parking violation is attached to the vehicle, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing, on a form attached to the original notice, the necessary correction to allow for the timely entry of the notice on the processing agencys data system. A copy of the correction shall be mailed to the registered owner of the vehicle.
(f)Under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for cancellation.
SEC. 10.Section 40203.5 of the Vehicle Code is amended to read:40203.5.(a)The schedule of parking penalties for parking violations and late payment penalties shall be established by the governing body of the jurisdiction where the notice of violation is issued. To the extent possible, issuing agencies within the same county shall standardize parking penalties.
(b)Parking penalties under this article shall be collected as civil penalties.
(c)(1)Notwithstanding subdivision (a) the penalty for a violation of Section 22507.8 or an ordinance or resolution adopted pursuant to Section 22511.57 shall be not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000).
(2)The issuing agency may suspend the imposition of the penalty in paragraph (1), if the violator, at the time of the offense, possesses but failed to display a valid special identification license plate issued pursuant to Section 5007 or a distinguishing placard issued pursuant to Section 22511.55 or 22511.59.
(3)A penalty imposed pursuant to this subdivision may be paid in installments installments, or be reduced or waived if the issuing agency determines that the violator is unable to pay the entire amount in one payment.
SEC. 11.Section 40204 of the Vehicle Code is amended to read:40204.(a)If the parking penalty is received by the person authorized to receive the deposit of the parking penalty and there is no contest as to that parking violation, the proceedings under this article shall terminate.
(b)The issuing agency may, consistent with the written guidelines established by the agency, allow payment of the parking penalty in installments the parking payment to be paid in installments, or be reduced or waived if the violator provides evidence satisfactory to the issuing agency of an inability to pay the parking penalty in full.
SEC. 13.SEC. 12.Section 40206.5 of the Vehicle Code is amended to read:40206.5.(a)Within 15 days of a request, by mail or in person, the processing agency shall mail or otherwise provide to any person who has received a notice of delinquent parking violation, or their agent, a photostatic copy of the original notice of parking violation or an electronically produced facsimile of the original notice of parking violation. The issuing agency may charge a fee sufficient to recover the actual cost of providing the copy, not to exceed two dollars ($2). Until the issuing agency complies with a request for a copy of the original notice of parking violation, the processing agency may not proceed pursuant to Section 40220.
(b)If the description of the vehicle on the notice of parking violation does not substantially match the corresponding information on the registration card for that vehicle and the processing agency is satisfied that the vehicle has not been incorrectly described due to the intentional switching of license plates, the processing agency shall, on written request of the person cancel the notice of parking violation without the necessity of an appearance by that person.
(c)For purposes of this section, a copy of the notice of parking violation may be a photostatic copy or an electronically produced facsimile.
SEC. 14.SEC. 13.Section 40220 of the Vehicle Code is amended to read:40220.(a)Except as otherwise provided in Sections 40220.5, 40221, and 40222, the processing agency may proceed under one of the following options in order to collect an unpaid parking penalty and related service fees:
(1)(A)File an itemization of unpaid parking penalties and related service fees with the department for collection with the registration of the vehicle pursuant to Section 4760 if the vehicle has three or more unpaid parking citations. A processing agency for public higher educational instruction, including the University of California, California State University, and California Community Colleges, may file an itemization for unpaid parking penalties for one or more parking citations. 4760. For unpaid parking penalties issued on and after July 1, 2018, and related service fees, the processing agency shall not file an itemization with the department unless all of the following conditions have been satisfied:
(i)The processing agency provides a payment plan option for low-income persons that, at a minimum, does all of the following:
(I)Allows payment of unpaid parking penalties and related service fees in monthly installments of no more than twenty-five dollars ($25) and reduces the total amount due so that it may be paid off within 24 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
(II)Waives all late fees and penalty assessments, exclusive of any state surcharges described in Sections 70372, 76000, and 76000.3 of the Government Code, if a low-income person enrolls in the payment plan. Waived late fees and penalty assessments may be reinstated if the person falls out of compliance with the payment plan.
(III)Limits the processing fee to participate in a payment plan to five dollars ($5) or less for low-income persons. The processing fee for a low-income person may be added to the payment plan amount, at the discretion of the low-income person.
(IV)Does not set a deadline following the issuance of a parking ticket for a person to file a request to participate in a payment plan.
(V)Allows for automatic payments.
(ii)The processing agency provides a process to waive an unpaid parking penalty, including a service fee or late fee, for a vehicle if the registered owner was in custody in a juvenile facility, county jail, or state prison when the penalty was pending.
(iii)The processing agency provides a payment plan option for a person who does not qualify as low income that does all of the following:
(I)Allows payment of an unpaid parking penalty and related service fees in monthly installments over a period of at least 12 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
(II)Allows for automatic payments.
(III)Limits the processing fee to participate in the payment plan to twenty-five dollars ($25) or less.
(IV)Does not set a deadline following the issuance of a parking ticket for a person to file a request to participate in a payment plan.
(iv)Sixty days before filing the itemization with the department, the processing agency mails a courtesy warning notice to the registered vehicle owner that contains the information in clauses (v) and (vi).
(v)The processing agency includes all of the following information in the notice of parking violation:
(I)The availability of the payment plans described in clauses (i) and (iii).
(II)An internet website link and telephone number that provide more information about the payment plans.
(vi)The processing agency, at a clear and easily accessible location on its internet website and in the same manner as it generally provides information and instructions on the payment of a parking citation, including at an in-person payment counter or a telephone recording, includes all of the following information on its internet website:
(I)The availability of payment plans described in clauses (i) and (iii) and a description of those plans that includes the statutory requirements to qualify for each plan.
(II)Clear language about how the person can request an indigency determination and what that determination will entail.
(III)Clear language about how the person can request a waiver of unpaid parking penalties under clause (ii) and what that process will entail.
(IV)A telephone number that provides more information about the payment plans.
(B)The processing agency shall allow a low-income person who falls out of compliance with the payment plan at least four extensions of 45 calendar days from the date the payment plan becomes delinquent to resume payments before the processing agency may file an itemization of unpaid parking penalties and related service fees with the department pursuant to subparagraph (A). The processing agency shall allow a non-low-income person who falls out of compliance with the payment plan a one-time extension of 45 calendar days from the date the payment plan becomes delinquent to resume payments before the processing agency may file an itemization of unpaid parking penalties and related service fees with the department pursuant to subparagraph (A).
(C)The processing agency shall rescind the filing of an itemization of unpaid parking penalties and related service fees with the department if the registered owner or lessee enrolls in a payment plan and pays a late fee of no more than five dollars ($5).
(D)(i)Each California State University and community college district governing board shall adopt a parking citation payment plan for persons with multiple unpaid parking citations. A parking citation payment policy adopted under this subparagraph shall include, but not be limited to, all of the following requirements:
(I)Late fees shall be placed in abeyance while the payment plan is in place and the person adheres to its terms, and shall be waived once the payment plan is completed.
(II)Once the payment plan is in place and the person adheres to its terms, an itemization of unpaid parking penalties and service fees as described in subparagraph (A) shall not be filed with the department.
(III)Each California State University and community college district campus shall post the parking citation payment policy on its internet website for students awareness and access.
(ii)A California State University or community college district governing board that fails to implement a parking citation payment plan pursuant to clause (i) shall implement the payment plan as provided in subparagraphs (A) to (C), inclusive, and subdivision (c).
(2) (A)If more than four hundred dollars ($400) in unpaid penalties and fees have been accrued by a person or registered owner, proof thereof may be filed with the court and shall have the same effect as a civil judgment. Execution may be levied and other measures may be taken for the collection of the judgment as are authorized for the collection of an unpaid civil judgment entered against a defendant in an action on a debtor. The court may assess costs against a judgment debtor to be paid upon satisfaction of the judgment. The processing agency shall send a notice by first-class mail to the person or registered owner indicating that a judgment shall be entered for the unpaid penalties, fees, and costs and that, after 21 calendar days from the date of the mailing of the notice, the judgment shall have the same effect as an entry of judgment against a judgment debtor. The person or registered owner shall also be notified at that time that execution may be levied against their assets, liens may be placed against their property, their wages may be garnished, and other steps may be taken to satisfy the judgment. If a judgment is rendered for the processing agency, the processing agency may contract with a collection agency to collect the amount of the judgment.
(B)Notwithstanding any other law, the processing agency shall pay the established first paper civil filing fee at the time an entry of civil judgment is requested.
(3)If the registration of the vehicle has not been renewed for 60 days beyond the renewal date, and the citation has not been collected by the department pursuant to Section 4760, file proof of unpaid penalties and fees with the court with the same effect as a civil judgment as provided in paragraph (2).
(b)This section does not apply to a registered owner of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle, and the department has notified the processing agency pursuant to Section 4764.
(c)(1)For purposes of paragraph (1) of subdivision (a), a person is low income if any of the following conditions is met:
(A)The person has a monthly income 300 percent or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of paragraph (2) of Section 9902 of Title 42 of the United States Code.
(B)The person receives public benefits from a program listed in subdivision (a) of Section 68632 of the Government Code.
(2)The person may demonstrate that the person is low income by providing either of the following information, as applicable:
(A)Proof of income from a pay stub or another form of proof of earnings, such as a bank statement, that shows that the person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code, subject to review and approval by the processing agency or its designee. The processing agency or its designee shall not unreasonably withhold its approval.
(B)Proof of receipt of benefits under the programs described in subparagraph (B) of paragraph (1), including, but not limited to, an electronic benefits transfer card or another card, subject to review and approval by the processing agency. The processing agency or its designee shall not unreasonably withhold its approval.
(3)If a persons low-income status is found to have been willfully fraudulent, the persons penalties and fees reduction shall be overturned and the full amount of penalties and fees shall be restored.
SEC. 15.SEC. 14.Section 40261 of the Vehicle Code is amended to read:40261.(a)Within 10 days from the mailing of a notice of delinquent toll evasion violation, any person or their agent, may request by mail or in person a photostatic copy or an electronically produced facsimile of the original notice of toll evasion violation. The issuing agency may charge a fee sufficient to recover the actual cost of providing the copy, not to exceed two dollars ($2). Within 15 days of the request, the processing agency shall mail or otherwise provide the copy. Until the issuing agency complies with a request for a copy of the original notice of toll evasion violation, the processing agency may not proceed pursuant to Section 40267.
(b)If the description of the vehicle on the notice of toll evasion violation does not match the departments corresponding vehicle registration record, the processing agency may, on written request of the person, cancel the notice of toll evasion violation without the necessity of an appearance by that person.
(a)Except for vehicles registered pursuant to Article 5 (commencing with Section 9700) of Chapter 6 of Division 3, the department shall notify the registered owner of each vehicle of the date that the registration renewal fees for the vehicle are due, at least 60 days prior to that due date. The department shall indicate the fact that the required notice was mailed by a notation in the departments records.
(b)The department shall include in any final notice of delinquent registration provided to the registered owner of a vehicle whose registration has not been properly renewed as required under this code, information relating to the potential removal and impoundment of that vehicle under subdivision (n) of Section 22651.
(c)Commencing on May 1, 2011, subdivision (a) shall not apply to vehicles with registration expiring on or after July 1, 2011. This subdivision shall become inoperative on January 1, 2012.
SEC. 2.Section 2810.2 of the Vehicle Code is amended to read:2810.2.(a)(1)A peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may stop a vehicle transporting agricultural irrigation supplies that are in plain view to inspect the bills of lading, shipping, or delivery papers, or other evidence to determine whether the driver is in legal possession of the load, if the vehicle is on a rock road or unpaved road that is located in a county that has elected to implement this section and the road is located as follows:
(A)Located under the management of the Department of Parks and Recreation, the Department of Fish and Wildlife, the Department of Forestry and Fire Protection, the State Lands Commission, a regional park district, the United States Forest Service, or the federal Bureau of Land Management.
(B)Located within the respective ownership of a timberland production zone, as defined in Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code, either that is larger than 50,000 acres or for which the owner of more than 2,500 acres has given express written permission for a vehicle to be stopped within that zone pursuant to this section.
(2)Upon reasonable belief that the driver of the vehicle is not in legal possession, the law enforcement officer specified in paragraph (1) shall take custody of the vehicle and load and turn them over to the custody of the sheriff of the county that has elected to implement this section where the agricultural irrigation supplies are apprehended.
(b)The sheriff shall receive and provide for the care and safekeeping of the apprehended agricultural irrigation supplies that were in plain view within the boundaries of public lands under the management of the entities listed in subparagraph (A) of paragraph (1) of subdivision (a) or on a timberland production zone as specified in subparagraph (B) of paragraph (1) of subdivision (a), and immediately, in cooperation with the department, proceed with an investigation and its legal disposition.
(c)An expense incurred by the sheriff in the performance of their duties under this section shall be a legal charge against the county.
(d)Except as provided in subdivision (e), a peace officer shall not cause the impoundment of a vehicle at a traffic stop made pursuant to subdivision (a) if the drivers only offense is a violation of Section 12500.
(e)During the conduct of pulling a driver over in accordance with subdivision (a), if the peace officer encounters a driver who is in violation of Section 12500, the peace officer shall make a reasonable attempt to identify the registered owner of the vehicle. If the registered owner is present, or the peace officer is able to identify the registered owner and obtain the registered owners authorization to release the motor vehicle to a licensed driver during the vehicle stop, the vehicle shall be released to either the registered owner of the vehicle if they are a licensed driver or to the licensed driver authorized by the registered owner of the vehicle. If a notice to appear is issued, the name and the drivers license number of the licensed driver to whom the vehicle was released pursuant to this subdivision shall be listed on the officers copy of the notice to appear issued to the unlicensed driver. If a vehicle cannot be released, the vehicle shall be removed pursuant to subdivision (o) of Section 22651, whether a notice to appear has been issued or not.
(f)For purposes of this section, agricultural irrigation supplies include agricultural irrigation water bladder and one-half inch diameter or greater irrigation line.
(g)This section shall be implemented only in a county where the board of supervisors adopts a resolution authorizing the enforcement of this section.
SEC. 3.Section 2814.2 of the Vehicle Code is amended to read:2814.2.(a)A driver of a motor vehicle shall stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop.
(b)Notwithstanding Section 14602.6 or 14607.6, a peace officer or any other authorized person shall not cause the impoundment of a vehicle at a sobriety checkpoint if the drivers only offense is a violation of Section 12500.
(c)During the conduct of a sobriety checkpoint, if the law enforcement officer encounters a driver who is in violation of Section 12500, the law enforcement officer shall make a reasonable attempt to identify the registered owner of the vehicle. If the registered owner is present, or the officer is able to identify the registered owner and obtain the registered owners authorization to release the motor vehicle to a licensed driver by the end of the checkpoint, the vehicle shall be released to either the registered owner of the vehicle if they are a licensed driver or to the licensed driver authorized by the registered owner of the vehicle. If a notice to appear is issued, the name and drivers license number of the licensed driver to whom the vehicle was released pursuant to this subdivision shall be listed on the officers copy of the notice to appear issued to the unlicensed driver. When a vehicle cannot be released, the vehicle shall be removed pursuant to subdivision (o) of Section 22651, whether a notice to appear has been issued or not.
SEC. 4.Section 4000 of the Vehicle Code is amended to read:4000.(a)(1)A person shall not drive, move, or leave standing upon a highway, or in an offstreet public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid under this code or registered under the permanent trailer identification program, except that an off-highway motor vehicle that displays an identification plate or device issued by the department pursuant to Section 38010 may be driven, moved, or left standing in an offstreet public parking facility without being registered or paying registration fees.
(2)For purposes of this subdivision, offstreet public parking facility means either of the following:
(A)Any publicly owned parking facility.
(B)Any privately owned parking facility for which no fee for the privilege to park is charged and that is held open for the common public use of retail customers.
(3)This subdivision does not apply to any motor vehicle stored in a privately owned offstreet parking facility by, or with the express permission of, the owner of the privately owned offstreet parking facility.
(4)Beginning July 1, 2011, the enforcement of paragraph (1) shall commence on the first day of the second month following the month of expiration of the vehicles registration. This paragraph shall become inoperative on January 1, 2012.
(b)No person shall drive, move, or leave standing upon a highway any motor vehicle, as defined in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code, that has been registered in violation of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code.
(c)Subdivisions (a) and (b) do not apply to off-highway motor vehicles operated pursuant to Sections 38025 and 38026.5.
(d)This section does not apply, following payment of fees due for registration, during the time that registration and transfer is being withheld by the department pending the investigation of any use tax due under the Revenue and Taxation Code.
(e)Subdivision (a) does not apply to a vehicle that is towed by a tow truck on the order of a sheriff, marshal, or other official acting pursuant to a court order or on the order of a peace officer acting pursuant to this code.
(f)Subdivision (a) applies to a vehicle that is towed from a highway or offstreet parking facility under the direction of a highway service organization when that organization is providing emergency roadside assistance to that vehicle. However, the operator of a tow truck providing that assistance to that vehicle is not responsible for the violation of subdivision (a) with respect to that vehicle. The owner of an unregistered vehicle that is disabled and located on private property, shall obtain a permit from the department pursuant to Section 4003 prior to having the vehicle towed on the highway.
(g)(1)Pursuant to Section 4022 and to subparagraph (B) of paragraph (3) of subdivision (n) of Section 22651, a vehicle obtained by a licensed repossessor as a release of collateral is exempt from registration pursuant to this section for purposes of the repossessor removing the vehicle to their storage facility or the facility of the legal owner. A law enforcement agency, impounding authority, tow yard, storage facility, or any other person in possession of the collateral shall release the vehicle without requiring current registration and pursuant to subdivision (f) of Section 14602.6.
(2)The legal owner of collateral shall, by operation of law and without requiring further action, indemnify and hold harmless a law enforcement agency, city, county, city and county, the state, a tow yard, storage facility, or an impounding yard from a claim arising out of the release of the collateral to a licensee, and from any damage to the collateral after its release, including reasonable attorneys fees and costs associated with defending a claim, if the collateral was released in compliance with this subdivision.
(h)For purposes of this section, possession of a California drivers license by the registered owner of a vehicle shall give rise to a rebuttable presumption that the owner is a resident of California.
SEC. 5.Section 4760 of the Vehicle Code is amended to read:4760.(a)(1)Except as provided in subdivision (b) or (d), the department shall refuse to renew the registration of a vehicle if the registered owner or lessee has been mailed a notice of delinquent parking violation relating to standing or parking, the processing agency has filed or electronically transmitted to the department an itemization of unpaid parking penalties, including administrative fees pursuant to Section 40220, and the owner or lessee has not paid the parking penalties and administrative fees pursuant to Section 40211, unless they pay to the department, at the time of application for renewal, the full amount of all outstanding parking penalties and administrative fees, as shown by records of the department, or the itemization of unpaid parking penalties has been rescinded pursuant to Section 40220.
(2)When the department receives the full amount of all outstanding parking penalties and administrative fees pursuant to paragraph (1), it shall issue a receipt showing each parking penalty and administrative fee that has been paid, the processing agency for that penalty and fee, and a description of the vehicle involved in the parking violations. The receipt shall also state that, to reduce the possibility of further collection actions or impoundment under Section 22651 of the vehicle involved in the parking violation, the registered owner or lessee may transmit to that processing agency a copy or other evidence of the receipt.
(b)The department shall not refuse to renew the registration of a vehicle owned by a renter or lessor if the applicant provides the department with the abstract or notice of disposition of parking violation issued pursuant to subdivision (c) for clearing all outstanding parking penalties and administrative fees as shown by the records of the department.
(c)The court or designated processing agency shall issue an abstract or notice of disposition of parking violation to the renter or lessor of a vehicle issued a notice of delinquent parking violation relating to standing or parking if the renter or lessor provides the court or processing agency with the name, address, and drivers license number of the rentee or lessee at the time of occurrence of the parking violation.
(d)The department shall not refuse to renew the registration of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle.
(e)The department shall allow a registered owner or lessee to file a certification that the vehicle will not be operated, moved, or left standing upon a highway pursuant to Section 4604, if the registered owner or lessee currently owes parking penalties and administrative fees for that vehicle, regardless of whether or not that registered owner or lessee is currently on an active payment plan pursuant to Section 40220.
(f)This section shall become inoperative on January 1, 2027, 2029, and as of that date is repealed.
SEC. 6.Section 4760 is added to the Vehicle Code, to read:4760.(a)(1)Except as provided in subdivision (b) or (d), the department shall refuse to renew the registration of a vehicle if the registered owner or lessee has been mailed a notice of delinquent parking violation relating to standing or parking, the processing agency has filed or electronically transmitted to the department an itemization of unpaid parking penalties, including administrative fees pursuant to Section 40220, and the owner or lessee has not paid the parking penalties and administrative fees pursuant to Section 40211 for three or more parking violations, unless they pay to the department, at the time of application for renewal, the full amount of all outstanding parking penalties and administrative fees, as shown by records of the department, or the itemization of unpaid parking penalties has been rescinded pursuant to Section 40220.
(2)When the department receives the full amount of all outstanding parking penalties and administrative fees pursuant to paragraph (1), it shall issue a receipt showing each parking penalty and administrative fee that has been paid, the processing agency for that penalty and fee, and a description of the vehicle involved in the parking violations. The receipt shall also state that, to reduce the possibility of further collection actions or impoundment under Section 22651 of the vehicle involved in the parking violation, the registered owner or lessee may transmit to that processing agency a copy or other evidence of the receipt.
(b)The department shall not refuse to renew the registration of a vehicle owned by a renter or lessor if the applicant provides the department with the abstract or notice of disposition of parking violation issued pursuant to subdivision (c) for clearing all outstanding parking penalties and administrative fees as shown by the records of the department.
(c)The court or designated processing agency shall issue an abstract or notice of disposition of parking violation to the renter or lessor of a vehicle issued a notice of delinquent parking violation relating to standing or parking if the renter or lessor provides the court or processing agency with the name, address, and drivers license number of the rentee or lessee at the time of occurrence of the parking violation.
(d)The department shall not refuse to renew the registration of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle.
(e)The department shall allow a registered owner or lessee to file a certification that the vehicle will not be operated, moved, or left standing upon a highway pursuant to Section 4604, if the registered owner or lessee currently owes parking penalties and administrative fees for that vehicle, regardless of whether or not that registered owner or lessee is currently on an active payment plan pursuant to Section 40220.
(f)This section shall become operative on January 1, 2027. 2029.
SEC. 7.Section 14602 of the Vehicle Code is amended to read:14602.In accordance with subdivision (o) of Section 22651, a vehicle removed pursuant to subdivision (c) of Section 2814.2 shall be released to the registered owner or their agent at any time the facility to which the vehicle has been removed is open upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration.
SEC. 8.Section 22651 of the Vehicle Code is amended to read:22651.A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(a)If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.
(b)If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.
(c)If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.
(d)If a vehicle is illegally parked so as to block the entrance to a private driveway and it is impractical to move the vehicle from in front of the driveway to another point on the highway.
(e)If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.
(f)If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade and the driver, if present, cannot move the vehicle under its own power.
(g)If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.
(h)(1)If an officer arrests a person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody.
(2)If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.
(i)If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of their identity and an address within this state where they can be located.
(j)If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.
(k)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(l)If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(m)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (u) and (v), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(n)(1)If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:
(A)With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle, or is not otherwise lawfully used on that vehicle under this code.
(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.
(D)(i)The vehicle is operating using autonomous technology, without the registered owner or manufacturer of the vehicle having first applied for, and obtained, a valid permit that is required to operate the vehicle on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)The vehicle is operating using autonomous technology after the registered owner or person in control of the vehicle received notice that the vehicles permit required for the operation of the vehicle pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations is suspended, terminated, or revoked.
(iii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.
(iv)This subparagraph does not provide the authority for a peace officer to stop an autonomous vehicle solely for the purpose of determining whether the vehicle is operating using autonomous technology without a valid permit required to operate the autonomous vehicle on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(2)If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3)For the purposes of this subdivision, the vehicle shall be released under any of the following circumstances:
(A)If the vehicle has been removed pursuant to subparagraph (A), (B), or (C) of paragraph (1), to the registered owner of, or person in control of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license to operate the vehicle.
(B)If the vehicle has been removed pursuant to subparagraph (D) of paragraph (1), to the registered owner of, or person in control of, the autonomous vehicle, after the registered owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, if required to operate the autonomous vehicle, and either of the following:
(i)Proof of a valid permit required to operate the autonomous vehicle using autonomous technology on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)A declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit to operate the vehicle pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:
(i)Pays the cost of towing and storing the vehicle.
(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking, and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.
(o)If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or their agent, except upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration, to the impounding law enforcement agency, or upon order of a court.
(p)If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense, pursuant to a resolution or ordinance adopted by the local authority.
(q)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(r)(1)If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.
(2)Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.
(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.
(s)If a peace officer issues a notice to appear for a violation of Section 25279.
(t)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(u)(1)If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (m) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (m) of Section 21100, may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance, that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(v)(1)If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (p) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (p) of Section 21100, may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(w)(1)If a vehicle, other than a rented vehicle, is found upon a highway or public land, or is removed pursuant to this code, and it is known that the vehicle has been issued five or more notices of parking violations to which the owner or person in control of the vehicle has not responded within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation to the agency responsible for processing notices of parking violations, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which a certificate has not been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following:
(A)Evidence of their identity.
(B)An address within this state where they can be located.
(C)Satisfactory evidence that all parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle, and all traffic violations of the registered owner, have been cleared.
(2)The requirements in subparagraph (C) of paragraph (1) shall be fully enforced by the impounding law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records.
(3)A notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail has been deposited, that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county where the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. Evidence of current registration shall be produced after a vehicle has been impounded, or, at the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.
(4)A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following:
(A)Pays the cost of towing and storing the vehicle.
(B)Submits evidence of payment of fees as provided in Section 9561.
(C)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. The legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, on receipt of that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(5)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled pursuant to paragraph (4) has a deficiency claim against the registered owner for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(6)This subdivision shall only be enforced by agents of public higher educational institutions, including the University of California, California State University, and California Community Colleges.
SEC. 9.Section 22651.3 of the Vehicle Code is amended to read:22651.3.(a)Any peace officer, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any 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 any vehicle, other than a rented vehicle, is located may remove the vehicle from an offstreet public parking facility located within the territorial limits in which the officer or employee may act when the vehicle is illegally parked so as to prevent the movement of a legally parked vehicle.
(b)Evidence of current registration shall be produced after a vehicle has been impounded. At the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 may be issued to the owner or person in control of the vehicle, if the two days immediately following the day of impoundment are weekend days or holidays.
SEC. 10.Section 22651.7 of the Vehicle Code is amended to read:22651.7.(a)In addition to, or as an alternative to, removal, an agent of public higher educational institutions, including the University of California, California State University, and California Community Colleges, of a jurisdiction in which a vehicle is located may immobilize the vehicle with a device designed and manufactured for the immobilization of vehicles, on a highway or any public lands located within the territorial limits in which the agent may act if the vehicle is found upon a highway or public lands and it is known to have been issued five or more notices of parking violations that are delinquent because the owner or person in control of the vehicle has not responded to the agency responsible for processing notices of parking violation within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which no certificate has been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17. The vehicle may be immobilized until that person furnishes to the immobilizing law enforcement agency all of the following:
(1)Evidence of their identity.
(2)An address within this state at which they can be located.
(3)Satisfactory evidence that the full amount of parking penalties has been deposited for all notices of parking violation issued for the vehicle and any other vehicle registered to the registered owner of the immobilized vehicle and that bail has been deposited for all traffic violations of the registered owner that have not been cleared. The requirements in this paragraph shall be fully enforced by the immobilizing law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records. A notice of parking violation issued to the vehicle shall be accompanied by a warning that repeated violations may result in the impounding or immobilization of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail, or both, have been deposited that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county in which the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is immobilized. Evidence of current registration shall be produced after a vehicle has been immobilized or, at the discretion of the immobilizing law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.
(b)A person, other than a person authorized under subdivision (a), shall not immobilize a vehicle.
SEC. 11.Section 22651.8 of the Vehicle Code is amended to read:22651.8.For purposes of paragraph (1) of subdivision (w) of Section 22651 and Section 22651.7, satisfactory evidence includes, but is not limited to, a copy of a receipt issued by the department pursuant to subdivision (a) of Section 4760 for the payment of notices of parking violations appearing on the departments records at the time of payment. The processing agency shall, within 72 hours of receiving that satisfactory evidence, update its records to reflect the payments made to the department. If the processing agency does not receive the amount of the parking penalties and administrative fees from the department within four months of the date of issuance of that satisfactory evidence, the processing agency may revise its records to reflect that no payments were received for the notices of parking violation.
SEC. 12.Section 22851.1 of the Vehicle Code is amended to read:22851.1.(a)If the vehicle is impounded pursuant to subdivision (w) of Section 22651 and not released as provided in that subdivision, the vehicle may be sold pursuant to this chapter to satisfy the liens specified in Section 22851 and in subdivision (b) of this section.
(b)A local authority impounding a vehicle pursuant to subdivision (w) of Section 22651 shall have a lien dependent upon possession by the keeper of the garage for satisfaction of bail for all outstanding notices of parking violation issued by the local authority for the vehicle, when the conditions specified in subdivision (c) have been met. This lien shall be subordinate in priority to the lien established by Section 22851, and the proceeds of any sale shall be applied accordingly. Consistent with this order of priority, the term lien, as used in this article and in Chapter 6.5 (commencing with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code, includes a lien imposed by this subdivision. In any action brought to perfect the lien, where required by subdivision (d) of Section 22851.8 of this code, or by subdivision (d) of Section 3071 or subdivision (d) of Section 3072 of the Civil Code, it shall be a defense to the recovery of bail that the owner of the vehicle at the time of impoundment was not the owner of the vehicle at the time of the parking offense.
(c)A lien shall exist for bail with respect to parking violations for which no person has answered the charge in the notice of parking violation given, or filed an affidavit of nonownership pursuant to and within the time specified in subdivision (b) of Section 41103.
(d)Beginning on January 1, 2024, this section shall only be enforced by agents of public higher educational institutions, including the University of California, California State University, and California Community Colleges. If a vehicle is impounded by a local authority prior to January 1, 2024, the local authority may sell the vehicle pursuant to this section.
SEC. 13.Section 40206.5 of the Vehicle Code is amended to read:40206.5.(a)Within 15 days of a request, by mail or in person, the processing agency shall mail or otherwise provide to any person who has received a notice of delinquent parking violation, or their agent, a photostatic copy of the original notice of parking violation or an electronically produced facsimile of the original notice of parking violation. The issuing agency may charge a fee sufficient to recover the actual cost of providing the copy, not to exceed two dollars ($2). Until the issuing agency complies with a request for a copy of the original notice of parking violation, the processing agency may not proceed pursuant to Section 40220.
(b)If the description of the vehicle on the notice of parking violation does not substantially match the corresponding information on the registration card for that vehicle and the processing agency is satisfied that the vehicle has not been incorrectly described due to the intentional switching of license plates, the processing agency shall, on written request of the person cancel the notice of parking violation without the necessity of an appearance by that person.
(c)For purposes of this section, a copy of the notice of parking violation may be a photostatic copy or an electronically produced facsimile.
SEC. 14.Section 40220 of the Vehicle Code is amended to read:40220.(a)Except as otherwise provided in Sections 40220.5, 40221, and 40222, the processing agency may proceed under one of the following options in order to collect an unpaid parking penalty and related service fees:
(1)(A)File an itemization of unpaid parking penalties and related service fees with the department for collection with the registration of the vehicle pursuant to Section 4760 if the vehicle has three or more unpaid parking citations. A processing agency for public higher educational instruction, including the University of California, California State University, and California Community Colleges, may file an itemization for unpaid parking penalties for one or more parking citations. For unpaid parking penalties issued on and after July 1, 2018, and related service fees, the processing agency shall not file an itemization with the department unless all of the following conditions have been satisfied:
(i)The processing agency provides a payment plan option for low-income persons that, at a minimum, does all of the following:
(I)Allows payment of unpaid parking penalties and related service fees in monthly installments of no more than twenty-five dollars ($25) and reduces the total amount due so that it may be paid off within 24 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
(II)Waives all late fees and penalty assessments, exclusive of any state surcharges described in Sections 70372, 76000, and 76000.3 of the Government Code, if a low-income person enrolls in the payment plan. Waived late fees and penalty assessments may be reinstated if the person falls out of compliance with the payment plan.
(III)Limits the processing fee to participate in a payment plan to five dollars ($5) or less for low-income persons. The processing fee for a low-income person may be added to the payment plan amount, at the discretion of the low-income person.
(IV)Does not set a deadline following the issuance of a parking ticket for a person to file a request to participate in a payment plan.
(V)Allows for automatic payments.
(ii)The processing agency provides a process to waive an unpaid parking penalty, including a service fee or late fee, for a vehicle if the registered owner was in custody in a juvenile facility, county jail, or state prison when the penalty was pending.
(iii)The processing agency provides a payment plan option for a person who does not qualify as low income that does all of the following:
(I)Allows payment of an unpaid parking penalty and related service fees in monthly installments over a period of at least 12 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
(II)Allows for automatic payments.
(III)Limits the processing fee to participate in the payment plan to twenty-five dollars ($25) or less.
(IV)Does not set a deadline following the issuance of a parking ticket for a person to file a request to participate in a payment plan.
(iv)Sixty days before filing the itemization with the department, the processing agency mails a courtesy warning notice to the registered vehicle owner that contains the information in clauses (v) and (vi).
(v)The processing agency includes all of the following information in the notice of parking violation:
(I)The availability of the payment plans described in clauses (i) and (iii).
(II)An internet website link and telephone number that provide more information about the payment plans.
(vi)The processing agency, at a clear and easily accessible location on its internet website and in the same manner as it generally provides information and instructions on the payment of a parking citation, including at an in-person payment counter or a telephone recording, includes all of the following information on its internet website:
(I)The availability of payment plans described in clauses (i) and (iii) and a description of those plans that includes the statutory requirements to qualify for each plan.
(II)Clear language about how the person can request an indigency determination and what that determination will entail.
(III)Clear language about how the person can request a waiver of unpaid parking penalties under clause (ii) and what that process will entail.
(IV)A telephone number that provides more information about the payment plans.
(B)The processing agency shall allow a low-income person who falls out of compliance with the payment plan at least four extensions of 45 calendar days from the date the payment plan becomes delinquent to resume payments before the processing agency may file an itemization of unpaid parking penalties and related service fees with the department pursuant to subparagraph (A). The processing agency shall allow a non-low-income person who falls out of compliance with the payment plan a one-time extension of 45 calendar days from the date the payment plan becomes delinquent to resume payments before the processing agency may file an itemization of unpaid parking penalties and related service fees with the department pursuant to subparagraph (A).
(C)The processing agency shall rescind the filing of an itemization of unpaid parking penalties and related service fees with the department if the registered owner or lessee enrolls in a payment plan and pays a late fee of no more than five dollars ($5).
(D)(i)Each California State University and community college district governing board shall adopt a parking citation payment plan for persons with multiple unpaid parking citations. A parking citation payment policy adopted under this subparagraph shall include, but not be limited to, all of the following requirements:
(I)Late fees shall be placed in abeyance while the payment plan is in place and the person adheres to its terms, and shall be waived once the payment plan is completed.
(II)Once the payment plan is in place and the person adheres to its terms, an itemization of unpaid parking penalties and service fees as described in subparagraph (A) shall not be filed with the department.
(III)Each California State University and community college district campus shall post the parking citation payment policy on its internet website for students awareness and access.
(ii)A California State University or community college district governing board that fails to implement a parking citation payment plan pursuant to clause (i) shall implement the payment plan as provided in subparagraphs (A) to (C), inclusive, and subdivision (c).
(2) (A)If more than four hundred dollars ($400) in unpaid penalties and fees have been accrued by a person or registered owner, proof thereof may be filed with the court and shall have the same effect as a civil judgment. Execution may be levied and other measures may be taken for the collection of the judgment as are authorized for the collection of an unpaid civil judgment entered against a defendant in an action on a debtor. The court may assess costs against a judgment debtor to be paid upon satisfaction of the judgment. The processing agency shall send a notice by first-class mail to the person or registered owner indicating that a judgment shall be entered for the unpaid penalties, fees, and costs and that, after 21 calendar days from the date of the mailing of the notice, the judgment shall have the same effect as an entry of judgment against a judgment debtor. The person or registered owner shall also be notified at that time that execution may be levied against their assets, liens may be placed against their property, their wages may be garnished, and other steps may be taken to satisfy the judgment. If a judgment is rendered for the processing agency, the processing agency may contract with a collection agency to collect the amount of the judgment.
(B)Notwithstanding any other law, the processing agency shall pay the established first paper civil filing fee at the time an entry of civil judgment is requested.
(3)If the registration of the vehicle has not been renewed for 60 days beyond the renewal date, and the citation has not been collected by the department pursuant to Section 4760, file proof of unpaid penalties and fees with the court with the same effect as a civil judgment as provided in paragraph (2).
(b)This section does not apply to a registered owner of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle, and the department has notified the processing agency pursuant to Section 4764.
(c)(1)For purposes of paragraph (1) of subdivision (a), a person is low income if any of the following conditions is met:
(A)The person has a monthly income 300 percent or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of paragraph (2) of Section 9902 of Title 42 of the United States Code.
(B)The person receives public benefits from a program listed in subdivision (a) of Section 68632 of the Government Code.
(2)The person may demonstrate that the person is low income by providing either of the following information, as applicable:
(A)Proof of income from a pay stub or another form of proof of earnings, such as a bank statement, that shows that the person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code, subject to review and approval by the processing agency or its designee. The processing agency or its designee shall not unreasonably withhold its approval.
(B)Proof of receipt of benefits under the programs described in subparagraph (B) of paragraph (1), including, but not limited to, an electronic benefits transfer card or another card, subject to review and approval by the processing agency. The processing agency or its designee shall not unreasonably withhold its approval.
(3)If a persons low-income status is found to have been willfully fraudulent, the persons penalties and fees reduction shall be overturned and the full amount of penalties and fees shall be restored.
SEC. 15.Section 40261 of the Vehicle Code is amended to read:40261.(a)Within 10 days from the mailing of a notice of delinquent toll evasion violation, any person or their agent, may request by mail or in person a photostatic copy or an electronically produced facsimile of the original notice of toll evasion violation. The issuing agency may charge a fee sufficient to recover the actual cost of providing the copy, not to exceed two dollars ($2). Within 15 days of the request, the processing agency shall mail or otherwise provide the copy. Until the issuing agency complies with a request for a copy of the original notice of toll evasion violation, the processing agency may not proceed pursuant to Section 40267.
(b)If the description of the vehicle on the notice of toll evasion violation does not match the departments corresponding vehicle registration record, the processing agency may, on written request of the person, cancel the notice of toll evasion violation without the necessity of an appearance by that person.
(a)Except for vehicles registered pursuant to Article 5 (commencing with Section 9700) of Chapter 6 of Division 3, the department shall notify the registered owner of each vehicle of the date that the registration renewal fees for the vehicle are due, at least 60 days prior to that due date. The department shall indicate the fact that the required notice was mailed by a notation in the departments records.
(b)The department shall include in any final notice of delinquent registration provided to the registered owner of a vehicle whose registration has not been properly renewed as required under this code, information relating to the potential removal and impoundment of that vehicle under subdivision (n) of Section 22651.
(c)Commencing on May 1, 2011, subdivision (a) shall not apply to vehicles with registration expiring on or after July 1, 2011. This subdivision shall become inoperative on January 1, 2012.
SEC. 2.Section 2810.2 of the Vehicle Code is amended to read:2810.2.(a)(1)A peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may stop a vehicle transporting agricultural irrigation supplies that are in plain view to inspect the bills of lading, shipping, or delivery papers, or other evidence to determine whether the driver is in legal possession of the load, if the vehicle is on a rock road or unpaved road that is located in a county that has elected to implement this section and the road is located as follows:
(A)Located under the management of the Department of Parks and Recreation, the Department of Fish and Wildlife, the Department of Forestry and Fire Protection, the State Lands Commission, a regional park district, the United States Forest Service, or the federal Bureau of Land Management.
(B)Located within the respective ownership of a timberland production zone, as defined in Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code, either that is larger than 50,000 acres or for which the owner of more than 2,500 acres has given express written permission for a vehicle to be stopped within that zone pursuant to this section.
(2)Upon reasonable belief that the driver of the vehicle is not in legal possession, the law enforcement officer specified in paragraph (1) shall take custody of the vehicle and load and turn them over to the custody of the sheriff of the county that has elected to implement this section where the agricultural irrigation supplies are apprehended.
(b)The sheriff shall receive and provide for the care and safekeeping of the apprehended agricultural irrigation supplies that were in plain view within the boundaries of public lands under the management of the entities listed in subparagraph (A) of paragraph (1) of subdivision (a) or on a timberland production zone as specified in subparagraph (B) of paragraph (1) of subdivision (a), and immediately, in cooperation with the department, proceed with an investigation and its legal disposition.
(c)An expense incurred by the sheriff in the performance of their duties under this section shall be a legal charge against the county.
(d)Except as provided in subdivision (e), a peace officer shall not cause the impoundment of a vehicle at a traffic stop made pursuant to subdivision (a) if the drivers only offense is a violation of Section 12500.
(e)During the conduct of pulling a driver over in accordance with subdivision (a), if the peace officer encounters a driver who is in violation of Section 12500, the peace officer shall make a reasonable attempt to identify the registered owner of the vehicle. If the registered owner is present, or the peace officer is able to identify the registered owner and obtain the registered owners authorization to release the motor vehicle to a licensed driver during the vehicle stop, the vehicle shall be released to either the registered owner of the vehicle if they are a licensed driver or to the licensed driver authorized by the registered owner of the vehicle. If a notice to appear is issued, the name and the drivers license number of the licensed driver to whom the vehicle was released pursuant to this subdivision shall be listed on the officers copy of the notice to appear issued to the unlicensed driver. If a vehicle cannot be released, the vehicle shall be removed pursuant to subdivision (o) of Section 22651, whether a notice to appear has been issued or not.
(f)For purposes of this section, agricultural irrigation supplies include agricultural irrigation water bladder and one-half inch diameter or greater irrigation line.
(g)This section shall be implemented only in a county where the board of supervisors adopts a resolution authorizing the enforcement of this section.
SEC. 3.Section 2814.2 of the Vehicle Code is amended to read:2814.2.(a)A driver of a motor vehicle shall stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop.
(b)Notwithstanding Section 14602.6 or 14607.6, a peace officer or any other authorized person shall not cause the impoundment of a vehicle at a sobriety checkpoint if the drivers only offense is a violation of Section 12500.
(c)During the conduct of a sobriety checkpoint, if the law enforcement officer encounters a driver who is in violation of Section 12500, the law enforcement officer shall make a reasonable attempt to identify the registered owner of the vehicle. If the registered owner is present, or the officer is able to identify the registered owner and obtain the registered owners authorization to release the motor vehicle to a licensed driver by the end of the checkpoint, the vehicle shall be released to either the registered owner of the vehicle if they are a licensed driver or to the licensed driver authorized by the registered owner of the vehicle. If a notice to appear is issued, the name and drivers license number of the licensed driver to whom the vehicle was released pursuant to this subdivision shall be listed on the officers copy of the notice to appear issued to the unlicensed driver. When a vehicle cannot be released, the vehicle shall be removed pursuant to subdivision (o) of Section 22651, whether a notice to appear has been issued or not.
SEC. 4.Section 4000 of the Vehicle Code is amended to read:4000.(a)(1)A person shall not drive, move, or leave standing upon a highway, or in an offstreet public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid under this code or registered under the permanent trailer identification program, except that an off-highway motor vehicle that displays an identification plate or device issued by the department pursuant to Section 38010 may be driven, moved, or left standing in an offstreet public parking facility without being registered or paying registration fees.
(2)For purposes of this subdivision, offstreet public parking facility means either of the following:
(A)Any publicly owned parking facility.
(B)Any privately owned parking facility for which no fee for the privilege to park is charged and that is held open for the common public use of retail customers.
(3)This subdivision does not apply to any motor vehicle stored in a privately owned offstreet parking facility by, or with the express permission of, the owner of the privately owned offstreet parking facility.
(4)Beginning July 1, 2011, the enforcement of paragraph (1) shall commence on the first day of the second month following the month of expiration of the vehicles registration. This paragraph shall become inoperative on January 1, 2012.
(b)No person shall drive, move, or leave standing upon a highway any motor vehicle, as defined in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code, that has been registered in violation of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code.
(c)Subdivisions (a) and (b) do not apply to off-highway motor vehicles operated pursuant to Sections 38025 and 38026.5.
(d)This section does not apply, following payment of fees due for registration, during the time that registration and transfer is being withheld by the department pending the investigation of any use tax due under the Revenue and Taxation Code.
(e)Subdivision (a) does not apply to a vehicle that is towed by a tow truck on the order of a sheriff, marshal, or other official acting pursuant to a court order or on the order of a peace officer acting pursuant to this code.
(f)Subdivision (a) applies to a vehicle that is towed from a highway or offstreet parking facility under the direction of a highway service organization when that organization is providing emergency roadside assistance to that vehicle. However, the operator of a tow truck providing that assistance to that vehicle is not responsible for the violation of subdivision (a) with respect to that vehicle. The owner of an unregistered vehicle that is disabled and located on private property, shall obtain a permit from the department pursuant to Section 4003 prior to having the vehicle towed on the highway.
(g)(1)Pursuant to Section 4022 and to subparagraph (B) of paragraph (3) of subdivision (n) of Section 22651, a vehicle obtained by a licensed repossessor as a release of collateral is exempt from registration pursuant to this section for purposes of the repossessor removing the vehicle to their storage facility or the facility of the legal owner. A law enforcement agency, impounding authority, tow yard, storage facility, or any other person in possession of the collateral shall release the vehicle without requiring current registration and pursuant to subdivision (f) of Section 14602.6.
(2)The legal owner of collateral shall, by operation of law and without requiring further action, indemnify and hold harmless a law enforcement agency, city, county, city and county, the state, a tow yard, storage facility, or an impounding yard from a claim arising out of the release of the collateral to a licensee, and from any damage to the collateral after its release, including reasonable attorneys fees and costs associated with defending a claim, if the collateral was released in compliance with this subdivision.
(h)For purposes of this section, possession of a California drivers license by the registered owner of a vehicle shall give rise to a rebuttable presumption that the owner is a resident of California.
SEC. 5.Section 4760 of the Vehicle Code is amended to read:4760.(a)(1)Except as provided in subdivision (b) or (d), the department shall refuse to renew the registration of a vehicle if the registered owner or lessee has been mailed a notice of delinquent parking violation relating to standing or parking, the processing agency has filed or electronically transmitted to the department an itemization of unpaid parking penalties, including administrative fees pursuant to Section 40220, and the owner or lessee has not paid the parking penalties and administrative fees pursuant to Section 40211, unless they pay to the department, at the time of application for renewal, the full amount of all outstanding parking penalties and administrative fees, as shown by records of the department, or the itemization of unpaid parking penalties has been rescinded pursuant to Section 40220.
(2)When the department receives the full amount of all outstanding parking penalties and administrative fees pursuant to paragraph (1), it shall issue a receipt showing each parking penalty and administrative fee that has been paid, the processing agency for that penalty and fee, and a description of the vehicle involved in the parking violations. The receipt shall also state that, to reduce the possibility of further collection actions or impoundment under Section 22651 of the vehicle involved in the parking violation, the registered owner or lessee may transmit to that processing agency a copy or other evidence of the receipt.
(b)The department shall not refuse to renew the registration of a vehicle owned by a renter or lessor if the applicant provides the department with the abstract or notice of disposition of parking violation issued pursuant to subdivision (c) for clearing all outstanding parking penalties and administrative fees as shown by the records of the department.
(c)The court or designated processing agency shall issue an abstract or notice of disposition of parking violation to the renter or lessor of a vehicle issued a notice of delinquent parking violation relating to standing or parking if the renter or lessor provides the court or processing agency with the name, address, and drivers license number of the rentee or lessee at the time of occurrence of the parking violation.
(d)The department shall not refuse to renew the registration of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle.
(e)The department shall allow a registered owner or lessee to file a certification that the vehicle will not be operated, moved, or left standing upon a highway pursuant to Section 4604, if the registered owner or lessee currently owes parking penalties and administrative fees for that vehicle, regardless of whether or not that registered owner or lessee is currently on an active payment plan pursuant to Section 40220.
(f)This section shall become inoperative on January 1, 2027, and as of that date is repealed.
SEC. 6.Section 4760 is added to the Vehicle Code, to read:4760.(a)(1)Except as provided in subdivision (b) or (d), the department shall refuse to renew the registration of a vehicle if the registered owner or lessee has been mailed a notice of delinquent parking violation relating to standing or parking, the processing agency has filed or electronically transmitted to the department an itemization of unpaid parking penalties, including administrative fees pursuant to Section 40220, and the owner or lessee has not paid the parking penalties and administrative fees pursuant to Section 40211 for six three or more parking violations, unless they pay to the department, at the time of application for renewal, the full amount of all outstanding parking penalties and administrative fees, as shown by records of the department, or the itemization of unpaid parking penalties has been rescinded pursuant to Section 40220.
(2)When the department receives the full amount of all outstanding parking penalties and administrative fees pursuant to paragraph (1), it shall issue a receipt showing each parking penalty and administrative fee that has been paid, the processing agency for that penalty and fee, and a description of the vehicle involved in the parking violations. The receipt shall also state that, to reduce the possibility of further collection actions or impoundment under Section 22651 of the vehicle involved in the parking violation, the registered owner or lessee may transmit to that processing agency a copy or other evidence of the receipt.
(b)The department shall not refuse to renew the registration of a vehicle owned by a renter or lessor if the applicant provides the department with the abstract or notice of disposition of parking violation issued pursuant to subdivision (c) for clearing all outstanding parking penalties and administrative fees as shown by the records of the department.
(c)The court or designated processing agency shall issue an abstract or notice of disposition of parking violation to the renter or lessor of a vehicle issued a notice of delinquent parking violation relating to standing or parking if the renter or lessor provides the court or processing agency with the name, address, and drivers license number of the rentee or lessee at the time of occurrence of the parking violation.
(d)The department shall not refuse to renew the registration of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle.
(e)The department shall allow a registered owner or lessee to file a certification that the vehicle will not be operated, moved, or left standing upon a highway pursuant to Section 4604, if the registered owner or lessee currently owes parking penalties and administrative fees for that vehicle, regardless of whether or not that registered owner or lessee is currently on an active payment plan pursuant to Section 40220.
(f)This section shall become operative on January 1, 2027.
SEC. 7.Section 14602 of the Vehicle Code is amended to read:14602.In accordance with subdivision (o) of Section 22651, a vehicle removed pursuant to subdivision (c) of Section 2814.2 shall be released to the registered owner or their agent at any time the facility to which the vehicle has been removed is open upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration.
SEC. 8.Section 22651 of the Vehicle Code is amended to read:22651.A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(a)If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.
(b)If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.
(c)If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.
(d)If a vehicle is illegally parked so as to block the entrance to a private driveway and it is impractical to move the vehicle from in front of the driveway to another point on the highway.
(e)If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.
(f)If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade and the driver, if present, cannot move the vehicle under its own power.
(g)If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.
(h)(1)If an officer arrests a person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody.
(2)If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.
(i)If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of their identity and an address within this state where they can be located.
(j)If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.
(k)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(l)If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(m)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (u) and (v), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(n)(1)If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:
(A)With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle, or is not otherwise lawfully used on that vehicle under this code.
(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.
(D)(i)The vehicle is operating using autonomous technology, without the registered owner or manufacturer of the vehicle having first applied for, and obtained, a valid permit that is required to operate the vehicle on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)The vehicle is operating using autonomous technology after the registered owner or person in control of the vehicle received notice that the vehicles permit required for the operation of the vehicle pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations is suspended, terminated, or revoked.
(iii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.
(iv)This subparagraph does not provide the authority for a peace officer to stop an autonomous vehicle solely for the purpose of determining whether the vehicle is operating using autonomous technology without a valid permit required to operate the autonomous vehicle on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(2)If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3)For the purposes of this subdivision, the vehicle shall be released under any of the following circumstances:
(A)If the vehicle has been removed pursuant to subparagraph (A), (B), or (C) of paragraph (1), to the registered owner of, or person in control of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license to operate the vehicle.
(B)If the vehicle has been removed pursuant to subparagraph (D) of paragraph (1), to the registered owner of, or person in control of, the autonomous vehicle, after the registered owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, if required to operate the autonomous vehicle, and either of the following:
(i)Proof of a valid permit required to operate the autonomous vehicle using autonomous technology on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)A declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit to operate the vehicle pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:
(i)Pays the cost of towing and storing the vehicle.
(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking, and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.
(o)If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or their agent, except upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration, to the impounding law enforcement agency, or upon order of a court.
(p)If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense, pursuant to a resolution or ordinance adopted by the local authority.
(q)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(r)(1)If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.
(2)Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.
(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.
(s)If a peace officer issues a notice to appear for a violation of Section 25279.
(t)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(u)(1)If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (m) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (m) of Section 21100, may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance, that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(v)(1)If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (p) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (p) of Section 21100, may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(w)(1)If a vehicle, other than a rented vehicle, is found upon a highway or public land, or is removed pursuant to this code, and it is known that the vehicle has been issued five or more notices of parking violations to which the owner or person in control of the vehicle has not responded within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation to the agency responsible for processing notices of parking violations, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which a certificate has not been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following:
(A)Evidence of their identity.
(B)An address within this state where they can be located.
(C)Satisfactory evidence that all parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle, and all traffic violations of the registered owner, have been cleared.
(2)The requirements in subparagraph (C) of paragraph (1) shall be fully enforced by the impounding law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records.
(3)A notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail has been deposited, that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county where the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. Evidence of current registration shall be produced after a vehicle has been impounded, or, at the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.
(4)A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following:
(A)Pays the cost of towing and storing the vehicle.
(B)Submits evidence of payment of fees as provided in Section 9561.
(C)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. The legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, on receipt of that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(5)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled pursuant to paragraph (4) has a deficiency claim against the registered owner for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(6)This subdivision shall only be enforced by agents of public higher educational institutions, including the University of California, California State University, and California Community Colleges.
SEC. 9.Section 22651.3 of the Vehicle Code is amended to read:22651.3.(a)Any peace officer, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any 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 any vehicle, other than a rented vehicle, is located may remove the vehicle from an offstreet public parking facility located within the territorial limits in which the officer or employee may act when the vehicle is illegally parked so as to prevent the movement of a legally parked vehicle.
(b)Evidence of current registration shall be produced after a vehicle has been impounded. At the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 may be issued to the owner or person in control of the vehicle, if the two days immediately following the day of impoundment are weekend days or holidays.
SEC. 10.Section 22651.7 of the Vehicle Code is amended to read:22651.7.(a)In addition to, or as an alternative to, removal, an agent of public higher educational institutions, including the University of California, California State University, and California Community Colleges, of a jurisdiction in which a vehicle is located may immobilize the vehicle with a device designed and manufactured for the immobilization of vehicles, on a highway or any public lands located within the territorial limits in which the agent may act if the vehicle is found upon a highway or public lands and it is known to have been issued five or more notices of parking violations that are delinquent because the owner or person in control of the vehicle has not responded to the agency responsible for processing notices of parking violation within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which no certificate has been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17. The vehicle may be immobilized until that person furnishes to the immobilizing law enforcement agency all of the following:
(1)Evidence of their identity.
(2)An address within this state at which they can be located.
(3)Satisfactory evidence that the full amount of parking penalties has been deposited for all notices of parking violation issued for the vehicle and any other vehicle registered to the registered owner of the immobilized vehicle and that bail has been deposited for all traffic violations of the registered owner that have not been cleared. The requirements in this paragraph shall be fully enforced by the immobilizing law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records. A notice of parking violation issued to the vehicle shall be accompanied by a warning that repeated violations may result in the impounding or immobilization of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail, or both, have been deposited that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county in which the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is immobilized. Evidence of current registration shall be produced after a vehicle has been immobilized or, at the discretion of the immobilizing law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.
(b)A person, other than a person authorized under subdivision (a), shall not immobilize a vehicle.
SEC. 11.Section 22651.8 of the Vehicle Code is amended to read:22651.8.For purposes of paragraph (1) of subdivision (w) of Section 22651 and Section 22651.7, satisfactory evidence includes, but is not limited to, a copy of a receipt issued by the department pursuant to subdivision (a) of Section 4760 for the payment of notices of parking violations appearing on the departments records at the time of payment. The processing agency shall, within 72 hours of receiving that satisfactory evidence, update its records to reflect the payments made to the department. If the processing agency does not receive the amount of the parking penalties and administrative fees from the department within four months of the date of issuance of that satisfactory evidence, the processing agency may revise its records to reflect that no payments were received for the notices of parking violation.
SEC. 12.Section 22851.1 of the Vehicle Code is amended to read:22851.1.(a)If the vehicle is impounded pursuant to subdivision (w) of Section 22651 and not released as provided in that subdivision, the vehicle may be sold pursuant to this chapter to satisfy the liens specified in Section 22851 and in subdivision (b) of this section.
(b)A local authority impounding a vehicle pursuant to subdivision (w) of Section 22651 shall have a lien dependent upon possession by the keeper of the garage for satisfaction of bail for all outstanding notices of parking violation issued by the local authority for the vehicle, when the conditions specified in subdivision (c) have been met. This lien shall be subordinate in priority to the lien established by Section 22851, and the proceeds of any sale shall be applied accordingly. Consistent with this order of priority, the term lien, as used in this article and in Chapter 6.5 (commencing with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code, includes a lien imposed by this subdivision. In any action brought to perfect the lien, where required by subdivision (d) of Section 22851.8 of this code, or by subdivision (d) of Section 3071 or subdivision (d) of Section 3072 of the Civil Code, it shall be a defense to the recovery of bail that the owner of the vehicle at the time of impoundment was not the owner of the vehicle at the time of the parking offense.
(c)A lien shall exist for bail with respect to parking violations for which no person has answered the charge in the notice of parking violation given, or filed an affidavit of nonownership pursuant to and within the time specified in subdivision (b) of Section 41103.
(d)Beginning on January 1, 2024, this section shall only be enforced by agents of public higher educational institutions, including the University of California, California State University, and California Community Colleges. If a vehicle is impounded by a local authority prior to January 1, 2024, the local authority may sell the vehicle pursuant to this section.
SEC. 13.Section 40206.5 of the Vehicle Code is amended to read:40206.5.(a)Within 15 days of a request, by mail or in person, the processing agency shall mail or otherwise provide to any person who has received a notice of delinquent parking violation, or their agent, a photostatic copy of the original notice of parking violation or an electronically produced facsimile of the original notice of parking violation. The issuing agency may charge a fee sufficient to recover the actual cost of providing the copy, not to exceed two dollars ($2). Until the issuing agency complies with a request for a copy of the original notice of parking violation, the processing agency may not proceed pursuant to Section 40220.
(b)If the description of the vehicle on the notice of parking violation does not substantially match the corresponding information on the registration card for that vehicle and the processing agency is satisfied that the vehicle has not been incorrectly described due to the intentional switching of license plates, the processing agency shall, on written request of the person cancel the notice of parking violation without the necessity of an appearance by that person.
(c)For purposes of this section, a copy of the notice of parking violation may be a photostatic copy or an electronically produced facsimile.
SEC. 14.Section 40220 of the Vehicle Code is amended to read:40220.(a)Except as otherwise provided in Sections 40220.5, 40221, and 40222, the processing agency may proceed under one of the following options in order to collect an unpaid parking penalty and related service fees:
(1)(A)File an itemization of unpaid parking penalties and related service fees with the department for collection with the registration of the vehicle pursuant to Section 4760 if the vehicle has six three or more unpaid parking citations. A processing agency for public higher educational instruction, including the University of California, California State University, and California Community Colleges, may file an itemization for unpaid parking penalties for one or more parking citations. For unpaid parking penalties issued on and after July 1, 2018, and related service fees, the processing agency shall not file an itemization with the department unless all of the following conditions have been satisfied:
(i)The processing agency provides a payment plan option for indigent low-income persons that, at a minimum, does all of the following:
(I)Allows payment of unpaid parking penalties and related service fees in monthly installments of no more than twenty-five dollars ($25) and reduces the total amount due so that it may be paid off within 24 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
(II)Waives all late fees and penalty assessments, exclusive of any state surcharges described in Sections 70372, 76000, and 76000.3 of the Government Code, if an indigent a low-income person enrolls in the payment plan. Waived late fees and penalty assessments may be reinstated if the person falls out of compliance with the payment plan.
(III)Limits the processing fee to participate in a payment plan to five dollars ($5) or less for indigent low-income persons. The processing fee for an indigent a low-income person may be added to the payment plan amount, at the discretion of the indigent low-income person.
(IV)Does not set a deadline following the issuance of a parking ticket for a person to file a request to participate in a payment plan.
(V)Allows for automatic payments.
(ii)The processing agency provides a process to waive an unpaid parking penalty, including a service fee or late fee, for a vehicle if the registered owner was in custody in a juvenile facility, county jail, or state prison when the penalty was pending.
(iii)The processing agency provides a payment plan option for a person who does not qualify as indigent low income that does all of the following:
(I)Allows payment of an unpaid parking penalty and related service fees in monthly installments over a period of at least 12 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
(II)Allows for automatic payments.
(III)Limits the processing fee to participate in the payment plan to twenty-five dollars ($25) or less.
(IV)Does not set a deadline following the issuance of a parking ticket for a person to file a request to participate in a payment plan.
(iv)Sixty days before filing the itemization with the department, the processing agency mails a courtesy warning notice to the registered vehicle owner that contains the information in clauses (v) and (vi).
(v)The processing agency includes all of the following information in the notice of parking violation:
(I)The availability of the payment plans described in clauses (i) and (iii).
(II)An internet website link and telephone number that provide more information about the payment plans.
(vi)The processing agency, at a clear and easily accessible location on its internet website and in the same manner as it generally provides information and instructions on the payment of a parking citation, including at an in-person payment counter or a telephone recording, includes all of the following information on its internet website:
(I)The availability of payment plans described in clauses (i) and (iii) and a description of those plans that includes the statutory requirements to qualify for each plan.
(II)Clear language about how the person can request an indigency determination and what that determination will entail.
(III)Clear language about how the person can request a waiver of unpaid parking penalties under clause (ii) and what that process will entail.
(IV)A telephone number that provides more information about the payment plans.
(B)The processing agency shall allow an indigent a low-income person who falls out of compliance with the payment plan at least four extensions of 45 calendar days from the date the payment plan becomes delinquent to resume payments before the processing agency may file an itemization of unpaid parking penalties and related service fees with the department pursuant to subparagraph (A). The processing agency shall allow a nonindigent non-low-income person who falls out of compliance with the payment plan a one-time extension of 45 calendar days from the date the payment plan becomes delinquent to resume payments before the processing agency may file an itemization of unpaid parking penalties and related service fees with the department pursuant to subparagraph (A).
(C)The processing agency shall rescind the filing of an itemization of unpaid parking penalties and related service fees with the department if the registered owner or lessee enrolls in a payment plan and pays a late fee of no more than five dollars ($5).
(D)(i)Each California State University and community college district governing board shall adopt a parking citation payment plan for persons with multiple unpaid parking citations. A parking citation payment policy adopted under this subparagraph shall include, but not be limited to, all of the following requirements:
(I)Late fees shall be placed in abeyance while the payment plan is in place and the person adheres to its terms, and shall be waived once the payment plan is completed.
(II)Once the payment plan is in place and the person adheres to its terms, an itemization of unpaid parking penalties and service fees as described in subparagraph (A) shall not be filed with the department.
(III)Each California State University and community college district campus shall post the parking citation payment policy on its internet website for students awareness and access.
(ii)A California State University or community college district governing board that fails to implement a parking citation payment plan pursuant to clause (i) shall implement the payment plan as provided in subparagraphs (A) to (C), inclusive, and subdivision (c).
(2) (A)If more than four hundred dollars ($400) in unpaid penalties and fees have been accrued by a person or registered owner, proof thereof may be filed with the court and shall have the same effect as a civil judgment. Execution may be levied and other measures may be taken for the collection of the judgment as are authorized for the collection of an unpaid civil judgment entered against a defendant in an action on a debtor. The court may assess costs against a judgment debtor to be paid upon satisfaction of the judgment. The processing agency shall send a notice by first-class mail to the person or registered owner indicating that a judgment shall be entered for the unpaid penalties, fees, and costs and that, after 21 calendar days from the date of the mailing of the notice, the judgment shall have the same effect as an entry of judgment against a judgment debtor. The person or registered owner shall also be notified at that time that execution may be levied against their assets, liens may be placed against their property, their wages may be garnished, and other steps may be taken to satisfy the judgment. If a judgment is rendered for the processing agency, the processing agency may contract with a collection agency to collect the amount of the judgment.
(B)Notwithstanding any other law, the processing agency shall pay the established first paper civil filing fee at the time an entry of civil judgment is requested.
(3)If the registration of the vehicle has not been renewed for 60 days beyond the renewal date, and the citation has not been collected by the department pursuant to Section 4760, file proof of unpaid penalties and fees with the court with the same effect as a civil judgment as provided in paragraph (2).
(b)This section does not apply to a registered owner of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle, and the department has notified the processing agency pursuant to Section 4764.
(c)(1)For purposes of paragraph (1) of subdivision (a), a person is indigent low income if any of the following conditions is met:
(A)The person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code.(A)The person has a monthly income 300 percent or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of paragraph (2) of Section 9902 of Title 42 of the United States Code.
(B)The person receives public benefits from a program listed in subdivision (a) of Section 68632 of the Government Code.
(2)The person may demonstrate that the person is indigent low income by providing either of the following information, as applicable:
(A)Proof of income from a pay stub or another form of proof of earnings, such as a bank statement, that shows that the person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code, subject to review and approval by the processing agency or its designee. The processing agency or its designee shall not unreasonably withhold its approval.
(B)Proof of receipt of benefits under the programs described in subparagraph (B) of paragraph (1), including, but not limited to, an electronic benefits transfer card or another card, subject to review and approval by the processing agency. The processing agency or its designee shall not unreasonably withhold its approval.
(3)If a persons indigent low-income status is found to have been willfully fraudulent, the persons penalties and fees reduction shall be overturned and the full amount of penalties and fees shall be restored.
SEC. 15.Section 40261 of the Vehicle Code is amended to read:40261.(a)Within 10 days from the mailing of a notice of delinquent toll evasion violation, any person or their agent, may request by mail or in person a photostatic copy or an electronically produced facsimile of the original notice of toll evasion violation. The issuing agency may charge a fee sufficient to recover the actual cost of providing the copy, not to exceed two dollars ($2). Within 15 days of the request, the processing agency shall mail or otherwise provide the copy. Until the issuing agency complies with a request for a copy of the original notice of toll evasion violation, the processing agency may not proceed pursuant to Section 40267.
(b)If the description of the vehicle on the notice of toll evasion violation does not match the departments corresponding vehicle registration record, the processing agency may, on written request of the person, cancel the notice of toll evasion violation without the necessity of an appearance by that person.
(a)Except for vehicles registered pursuant to Article 5 (commencing with Section 9700) of Chapter 6 of Division 3, the department shall notify the registered owner of each vehicle of the date that the registration renewal fees for the vehicle are due, at least 60 days prior to that due date. The department shall indicate the fact that the required notice was mailed by a notation in the departments records.
(b)The department shall include in any final notice of delinquent registration provided to the registered owner of a vehicle whose registration has not been properly renewed as required under this code, information relating to the potential removal and impoundment of that vehicle under subdivision (n) of Section 22651.
(c)Commencing on May 1, 2011, subdivision (a) shall not apply to vehicles with registration expiring on or after July 1, 2011. This subdivision shall become inoperative on January 1, 2012.
SEC. 2.Section 2810.2 of the Vehicle Code is amended to read:2810.2.(a)(1)A peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may stop a vehicle transporting agricultural irrigation supplies that are in plain view to inspect the bills of lading, shipping, or delivery papers, or other evidence to determine whether the driver is in legal possession of the load, if the vehicle is on a rock road or unpaved road that is located in a county that has elected to implement this section and the road is located as follows:
(A)Located under the management of the Department of Parks and Recreation, the Department of Fish and Wildlife, the Department of Forestry and Fire Protection, the State Lands Commission, a regional park district, the United States Forest Service, or the federal Bureau of Land Management.
(B)Located within the respective ownership of a timberland production zone, as defined in Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code, either that is larger than 50,000 acres or for which the owner of more than 2,500 acres has given express written permission for a vehicle to be stopped within that zone pursuant to this section.
(2)Upon reasonable belief that the driver of the vehicle is not in legal possession, the law enforcement officer specified in paragraph (1) shall take custody of the vehicle and load and turn them over to the custody of the sheriff of the county that has elected to implement this section where the agricultural irrigation supplies are apprehended.
(b)The sheriff shall receive and provide for the care and safekeeping of the apprehended agricultural irrigation supplies that were in plain view within the boundaries of public lands under the management of the entities listed in subparagraph (A) of paragraph (1) of subdivision (a) or on a timberland production zone as specified in subparagraph (B) of paragraph (1) of subdivision (a), and immediately, in cooperation with the department, proceed with an investigation and its legal disposition.
(c)An expense incurred by the sheriff in the performance of their duties under this section shall be a legal charge against the county.
(d)Except as provided in subdivision (e), a peace officer shall not cause the impoundment of a vehicle at a traffic stop made pursuant to subdivision (a) if the drivers only offense is a violation of Section 12500.
(e)During the conduct of pulling a driver over in accordance with subdivision (a), if the peace officer encounters a driver who is in violation of Section 12500, the peace officer shall make a reasonable attempt to identify the registered owner of the vehicle. If the registered owner is present, or the peace officer is able to identify the registered owner and obtain the registered owners authorization to release the motor vehicle to a licensed driver during the vehicle stop, the vehicle shall be released to either the registered owner of the vehicle if they are a licensed driver or to the licensed driver authorized by the registered owner of the vehicle. If a notice to appear is issued, the name and the drivers license number of the licensed driver to whom the vehicle was released pursuant to this subdivision shall be listed on the officers copy of the notice to appear issued to the unlicensed driver. If a vehicle cannot be released, the vehicle shall be removed pursuant to subdivision (o) of Section 22651, whether a notice to appear has been issued or not.
(f)For purposes of this section, agricultural irrigation supplies include agricultural irrigation water bladder and one-half inch diameter or greater irrigation line.
(g)This section shall be implemented only in a county where the board of supervisors adopts a resolution authorizing the enforcement of this section.
SEC. 3.Section 2814.2 of the Vehicle Code is amended to read:2814.2.(a)A driver of a motor vehicle shall stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop.
(b)Notwithstanding Section 14602.6 or 14607.6, a peace officer or any other authorized person shall not cause the impoundment of a vehicle at a sobriety checkpoint if the drivers only offense is a violation of Section 12500.
(c)During the conduct of a sobriety checkpoint, if the law enforcement officer encounters a driver who is in violation of Section 12500, the law enforcement officer shall make a reasonable attempt to identify the registered owner of the vehicle. If the registered owner is present, or the officer is able to identify the registered owner and obtain the registered owners authorization to release the motor vehicle to a licensed driver by the end of the checkpoint, the vehicle shall be released to either the registered owner of the vehicle if they are a licensed driver or to the licensed driver authorized by the registered owner of the vehicle. If a notice to appear is issued, the name and drivers license number of the licensed driver to whom the vehicle was released pursuant to this subdivision shall be listed on the officers copy of the notice to appear issued to the unlicensed driver. When a vehicle cannot be released, the vehicle shall be removed pursuant to subdivision (o) of Section 22651, whether a notice to appear has been issued or not.
SEC. 4.Section 4000 of the Vehicle Code is amended to read:4000.(a)(1)A person shall not drive, move, or leave standing upon a highway, or in an offstreet public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid under this code or registered under the permanent trailer identification program, except that an off-highway motor vehicle that displays an identification plate or device issued by the department pursuant to Section 38010 may be driven, moved, or left standing in an offstreet public parking facility without being registered or paying registration fees.
(2)For purposes of this subdivision, offstreet public parking facility means either of the following:
(A)Any publicly owned parking facility.
(B)Any privately owned parking facility for which no fee for the privilege to park is charged and that is held open for the common public use of retail customers.
(3)This subdivision does not apply to any motor vehicle stored in a privately owned offstreet parking facility by, or with the express permission of, the owner of the privately owned offstreet parking facility.
(4)Beginning July 1, 2011, the enforcement of paragraph (1) shall commence on the first day of the second month following the month of expiration of the vehicles registration. This paragraph shall become inoperative on January 1, 2012.
(b)No person shall drive, move, or leave standing upon a highway any motor vehicle, as defined in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code, that has been registered in violation of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code.
(c)Subdivisions (a) and (b) do not apply to off-highway motor vehicles operated pursuant to Sections 38025 and 38026.5.
(d)This section does not apply, following payment of fees due for registration, during the time that registration and transfer is being withheld by the department pending the investigation of any use tax due under the Revenue and Taxation Code.
(e)Subdivision (a) does not apply to a vehicle that is towed by a tow truck on the order of a sheriff, marshal, or other official acting pursuant to a court order or on the order of a peace officer acting pursuant to this code.
(f)Subdivision (a) applies to a vehicle that is towed from a highway or offstreet parking facility under the direction of a highway service organization when that organization is providing emergency roadside assistance to that vehicle. However, the operator of a tow truck providing that assistance to that vehicle is not responsible for the violation of subdivision (a) with respect to that vehicle. The owner of an unregistered vehicle that is disabled and located on private property, shall obtain a permit from the department pursuant to Section 4003 prior to having the vehicle towed on the highway.
(g)(1)Pursuant to Section 4022 and to subparagraph (B) of paragraph (3) of subdivision (n) of Section 22651, a vehicle obtained by a licensed repossessor as a release of collateral is exempt from registration pursuant to this section for purposes of the repossessor removing the vehicle to their storage facility or the facility of the legal owner. A law enforcement agency, impounding authority, tow yard, storage facility, or any other person in possession of the collateral shall release the vehicle without requiring current registration and pursuant to subdivision (f) of Section 14602.6.
(2)The legal owner of collateral shall, by operation of law and without requiring further action, indemnify and hold harmless a law enforcement agency, city, county, city and county, the state, a tow yard, storage facility, or an impounding yard from a claim arising out of the release of the collateral to a licensee, and from any damage to the collateral after its release, including reasonable attorneys fees and costs associated with defending a claim, if the collateral was released in compliance with this subdivision.
(h)For purposes of this section, possession of a California drivers license by the registered owner of a vehicle shall give rise to a rebuttable presumption that the owner is a resident of California.
SEC. 5.Section 4760 of the Vehicle Code is amended to read:4760.(a)(1)Except as provided in subdivision (b) or (d), the department shall refuse to renew the registration of a vehicle if the registered owner or lessee has been mailed a notice of delinquent parking violation relating to standing or parking, the processing agency has filed or electronically transmitted to the department an itemization of unpaid parking penalties, including administrative fees pursuant to Section 40220, and the owner or lessee has not paid the parking penalties and administrative fees pursuant to Section 40211, unless they pay to the department, at the time of application for renewal, the full amount of all outstanding parking penalties and administrative fees, as shown by records of the department, or the itemization of unpaid parking penalties has been rescinded pursuant to Section 40220.
(2)When the department receives the full amount of all outstanding parking penalties and administrative fees pursuant to paragraph (1), it shall issue a receipt showing each parking penalty and administrative fee that has been paid, the processing agency for that penalty and fee, and a description of the vehicle involved in the parking violations. The receipt shall also state that, to reduce the possibility of further collection actions or impoundment under Section 22651 of the vehicle involved in the parking violation, the registered owner or lessee may transmit to that processing agency a copy or other evidence of the receipt.
(b)The department shall not refuse to renew the registration of a vehicle owned by a renter or lessor if the applicant provides the department with the abstract or notice of disposition of parking violation issued pursuant to subdivision (c) for clearing all outstanding parking penalties and administrative fees as shown by the records of the department.
(c)The court or designated processing agency shall issue an abstract or notice of disposition of parking violation to the renter or lessor of a vehicle issued a notice of delinquent parking violation relating to standing or parking if the renter or lessor provides the court or processing agency with the name, address, and drivers license number of the rentee or lessee at the time of occurrence of the parking violation.
(d)The department shall not refuse to renew the registration of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle.
(e)The department shall allow a registered owner or lessee to file a certification that the vehicle will not be operated, moved, or left standing upon a highway pursuant to Section 4604, if the registered owner or lessee currently owes parking penalties and administrative fees for that vehicle, regardless of whether or not that registered owner or lessee is currently on an active payment plan pursuant to Section 40220.
(f)This section shall become inoperative on January 1, 2027, and as of that date is repealed.
SEC. 6.Section 4760 is added to the Vehicle Code, to read:4760.(a)(1)Except as provided in subdivision (b) or (d), the department shall refuse to renew the registration of a vehicle if the registered owner or lessee has been mailed a notice of delinquent parking violation relating to standing or parking, the processing agency has filed or electronically transmitted to the department an itemization of unpaid parking penalties, including administrative fees pursuant to Section 40220, and the owner or lessee has not paid the parking penalties and administrative fees pursuant to Section 40211 for six or more parking violations, unless they pay to the department, at the time of application for renewal, the full amount of all outstanding parking penalties and administrative fees, as shown by records of the department, or the itemization of unpaid parking penalties has been rescinded pursuant to Section 40220.
(2)When the department receives the full amount of all outstanding parking penalties and administrative fees pursuant to paragraph (1), it shall issue a receipt showing each parking penalty and administrative fee that has been paid, the processing agency for that penalty and fee, and a description of the vehicle involved in the parking violations. The receipt shall also state that, to reduce the possibility of further collection actions or impoundment under Section 22651 of the vehicle involved in the parking violation, the registered owner or lessee may transmit to that processing agency a copy or other evidence of the receipt.
(b)The department shall not refuse to renew the registration of a vehicle owned by a renter or lessor if the applicant provides the department with the abstract or notice of disposition of parking violation issued pursuant to subdivision (c) for clearing all outstanding parking penalties and administrative fees as shown by the records of the department.
(c)The court or designated processing agency shall issue an abstract or notice of disposition of parking violation to the renter or lessor of a vehicle issued a notice of delinquent parking violation relating to standing or parking if the renter or lessor provides the court or processing agency with the name, address, and drivers license number of the rentee or lessee at the time of occurrence of the parking violation.
(d)The department shall not refuse to renew the registration of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle.
(e)The department shall allow a registered owner or lessee to file a certification that the vehicle will not be operated, moved, or left standing upon a highway pursuant to Section 4604, if the registered owner or lessee currently owes parking penalties and administrative fees for that vehicle, regardless of whether or not that registered owner or lessee is currently on an active payment plan pursuant to Section 40220.
(f)This section shall become operative on January 1, 2027.
SEC. 6.SEC. 7.Section 14602 of the Vehicle Code is amended to read:14602.In accordance with subdivision (o) of Section 22651, a vehicle removed pursuant to subdivision (c) of Section 2814.2 shall be released to the registered owner or their agent at any time the facility to which the vehicle has been removed is open upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration.
SEC. 7.SEC. 8.Section 22651 of the Vehicle Code is amended to read:22651.A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(a)If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.
(b)If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.
(c)If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.
(d)If a vehicle is illegally parked so as to block the entrance to a private driveway and it is impractical to move the vehicle from in front of the driveway to another point on the highway.
(e)If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.
(f)If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade and the driver, if present, cannot move the vehicle under its own power.
(g)If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.
(h)(1)If an officer arrests a person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody.
(2)If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.
(i)If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of their identity and an address within this state where they can be located.
(j)If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.
(k)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(l)If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(m)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (u) and (v), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(n)(1)If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:
(A)With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle, or is not otherwise lawfully used on that vehicle under this code.
(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.
(D)(i)The vehicle is operating using autonomous technology, without the registered owner or manufacturer of the vehicle having first applied for, and obtained, a valid permit that is required to operate the vehicle on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)The vehicle is operating using autonomous technology after the registered owner or person in control of the vehicle received notice that the vehicles permit required for the operation of the vehicle pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations is suspended, terminated, or revoked.
(iii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.
(iv)This subparagraph does not provide the authority for a peace officer to stop an autonomous vehicle solely for the purpose of determining whether the vehicle is operating using autonomous technology without a valid permit required to operate the autonomous vehicle on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(2)If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3)For the purposes of this subdivision, the vehicle shall be released under any of the following circumstances:
(A)If the vehicle has been removed pursuant to subparagraph (A), (B), or (C) of paragraph (1), to the registered owner of, or person in control of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license to operate the vehicle.
(B)If the vehicle has been removed pursuant to subparagraph (D) of paragraph (1), to the registered owner of, or person in control of, the autonomous vehicle, after the registered owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, if required to operate the autonomous vehicle, and either of the following:
(i)Proof of a valid permit required to operate the autonomous vehicle using autonomous technology on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)A declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit to operate the vehicle pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:
(i)Pays the cost of towing and storing the vehicle.
(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking, and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.
(o)If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or their agent, except upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration, to the impounding law enforcement agency, or upon order of a court.
(p)If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense, pursuant to a resolution or ordinance adopted by the local authority.
(q)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(r)(1)If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.
(2)Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.
(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.
(s)If a peace officer issues a notice to appear for a violation of Section 25279.
(t)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(u)(1)If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (m) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (m) of Section 21100, may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance, that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(v)(1)If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (p) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (p) of Section 21100, may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(w)(1)If a vehicle, other than a rented vehicle, is found upon a highway or public land, or is removed pursuant to this code, and it is known that the vehicle has been issued five or more notices of parking violations to which the owner or person in control of the vehicle has not responded within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation to the agency responsible for processing notices of parking violations, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which a certificate has not been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following:
(A)Evidence of their identity.
(B)An address within this state where they can be located.
(C)Satisfactory evidence that all parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle, and all traffic violations of the registered owner, have been cleared.
(2)The requirements in subparagraph (C) of paragraph (1) shall be fully enforced by the impounding law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records.
(3)A notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail has been deposited, that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county where the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. Evidence of current registration shall be produced after a vehicle has been impounded, or, at the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.
(4)A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following:
(A)Pays the cost of towing and storing the vehicle.
(B)Submits evidence of payment of fees as provided in Section 9561.
(C)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. The legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, on receipt of that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(5)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled pursuant to paragraph (4) has a deficiency claim against the registered owner for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(6)This subdivision shall only be enforced by agents of public higher educational institutions, including the University of California, California State University, and California Community Colleges.
SEC. 8.Section 22651.3 of the Vehicle Code is repealed.SEC. 9.Section 22651.3 of the Vehicle Code is amended to read:22651.3.(a)Any peace officer, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any 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 any vehicle, other than a rented vehicle, is located may remove the vehicle from an offstreet public parking facility located within the territorial limits in which the officer or employee may act when the vehicle is known to have been issued five or more notices of parking violation over a period of five or more days, to which the owner or person in control of the vehicle has not responded or when any vehicle is illegally parked so as to prevent the movement of a legally parked vehicle.
A notice of parking violation issued to a vehicle which is registered in a foreign jurisdiction or is without current California registration and is known to have been issued five or more notices of parking violation over a period of five or more days shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle.(b)The vehicle may be impounded until the owner or person in control of the vehicle furnishes to the impounding law enforcement agency evidence of his or her identity and an address within this state at which he or she can be located and furnishes satisfactory evidence that bail has been deposited for all notices of parking violation issued for the vehicle. In lieu of requiring satisfactory evidence that the bail has been deposited, the impounding law enforcement agency may, in its discretion, issue a notice to appear for the offenses charged, as provided in Article 2 (commencing with Section 40500) of Chapter 2 of Division 17. In lieu of either furnishing satisfactory evidence that the bail has been deposited or accepting the notice to appear, the owner or person in control of the vehicle may demand to be taken without unnecessary delay before a magistrate within the county in which the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. (c)(b)Evidence of current registration shall be produced after a vehicle has been impounded. At the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 may be issued to the owner or person in control of the vehicle, if the two days immediately following the day of impoundment are weekend days or holidays.
SEC. 9.SEC. 10.Section 22651.7 of the Vehicle Code is amended to read:22651.7.(a)In addition to, or as an alternative to, removal, an agent of public higher educational institutions, including the University of California, California State University, and California Community Colleges, of a jurisdiction in which a vehicle is located may immobilize the vehicle with a device designed and manufactured for the immobilization of vehicles, on a highway or any public lands located within the territorial limits in which the agent may act if the vehicle is found upon a highway or public lands and it is known to have been issued five or more notices of parking violations that are delinquent because the owner or person in control of the vehicle has not responded to the agency responsible for processing notices of parking violation within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which no certificate has been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17. The vehicle may be immobilized until that person furnishes to the immobilizing law enforcement agency all of the following:
(1)Evidence of their identity.
(2)An address within this state at which they can be located.
(3)Satisfactory evidence that the full amount of parking penalties has been deposited for all notices of parking violation issued for the vehicle and any other vehicle registered to the registered owner of the immobilized vehicle and that bail has been deposited for all traffic violations of the registered owner that have not been cleared. The requirements in this paragraph shall be fully enforced by the immobilizing law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records. A notice of parking violation issued to the vehicle shall be accompanied by a warning that repeated violations may result in the impounding or immobilization of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail, or both, have been deposited that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county in which the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is immobilized. Evidence of current registration shall be produced after a vehicle has been immobilized or, at the discretion of the immobilizing law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.
(b)A person, other than a person authorized under subdivision (a), shall not immobilize a vehicle.
SEC. 10.Section 22651.8 of the Vehicle Code is repealed.SEC. 11.Section 22651.8 of the Vehicle Code is amended to read:22651.8.For purposes of paragraph (1) of subdivision (i) (w) of Section 22651 and Section 22651.7, satisfactory evidence includes, but is not limited to, a copy of a receipt issued by the department pursuant to subdivision (a) of Section 4760 for the payment of notices of parking violations appearing on the departments records at the time of payment. The processing agency shall, within 72 hours of receiving that satisfactory evidence, update its records to reflect the payments made to the department. If the processing agency does not receive the amount of the parking penalties and administrative fees from the department within four months of the date of issuance of that satisfactory evidence, the processing agency may revise its records to reflect that no payments were received for the notices of parking violation.
SEC. 11.SEC. 12.Section 22851.1 of the Vehicle Code is amended to read:22851.1.(a)If the vehicle is impounded pursuant to subdivision (w) of Section 22651 and not released as provided in that subdivision, the vehicle may be sold pursuant to this chapter to satisfy the liens specified in Section 22851 and in subdivision (b) of this section.
(b)A local authority impounding a vehicle pursuant to subdivision (w) of Section 22651 shall have a lien dependent upon possession by the keeper of the garage for satisfaction of bail for all outstanding notices of parking violation issued by the local authority for the vehicle, when the conditions specified in subdivision (c) have been met. This lien shall be subordinate in priority to the lien established by Section 22851, and the proceeds of any sale shall be applied accordingly. Consistent with this order of priority, the term lien, as used in this article and in Chapter 6.5 (commencing with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code, includes a lien imposed by this subdivision. In any action brought to perfect the lien, where required by subdivision (d) of Section 22851.8 of this code, or by subdivision (d) of Section 3071 or subdivision (d) of Section 3072 of the Civil Code, it shall be a defense to the recovery of bail that the owner of the vehicle at the time of impoundment was not the owner of the vehicle at the time of the parking offense.
(c)A lien shall exist for bail with respect to parking violations for which no person has answered the charge in the notice of parking violation given, or filed an affidavit of nonownership pursuant to and within the time specified in subdivision (b) of Section 41103.
(d)This Beginning on January 1, 2024, this section shall only be enforced by agents of public higher educational institutions, including the University of California, California State University, and California Community Colleges. If a vehicle is impounded by a local authority prior to January 1, 2024, the local authority may sell the vehicle pursuant to this section.
SEC. 12.SEC. 13.Section 40206.5 of the Vehicle Code is amended to read:40206.5.(a)Within 15 days of a request, by mail or in person, the processing agency shall mail or otherwise provide to any person who has received a notice of delinquent parking violation, or their agent, a photostatic copy of the original notice of parking violation or an electronically produced facsimile of the original notice of parking violation. The issuing agency may charge a fee sufficient to recover the actual cost of providing the copy, not to exceed two dollars ($2). Until the issuing agency complies with a request for a copy of the original notice of parking violation, the processing agency may not proceed pursuant to Section 40220.
(b)If the description of the vehicle on the notice of parking violation does not substantially match the corresponding information on the registration card for that vehicle and the processing agency is satisfied that the vehicle has not been incorrectly described due to the intentional switching of license plates, the processing agency shall, on written request of the person cancel the notice of parking violation without the necessity of an appearance by that person.
(c)For purposes of this section, a copy of the notice of parking violation may be a photostatic copy or an electronically produced facsimile.
SEC. 13.SEC. 14.Section 40220 of the Vehicle Code is amended to read:40220.(a)Except as otherwise provided in Sections 40220.5, 40221, and 40222, the processing agency may proceed under one of the following options in order to collect an unpaid parking penalty and related service fees:
(1)(A)File an itemization of unpaid parking penalties and related service fees with the department for collection with the registration of the vehicle pursuant to Section 4760 if the vehicle has six or more unpaid parking citations. A processing agency for public higher educational instruction, including the University of California, California State University, and California Community Colleges, may file an itemization for unpaid parking penalties for one or more parking citations. For unpaid parking penalties issued on and after July 1, 2018, and related service fees, the processing agency shall not file an itemization with the department unless all of the following conditions have been satisfied:
(i)The processing agency provides a payment plan option for indigent persons that, at a minimum, does all of the following:
(I)Allows payment of unpaid parking penalties and related service fees in monthly installments of no more than twenty-five dollars ($25) and reduces the total amount due so that it may be paid off within 24 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
(II)Waives all late fees and penalty assessments, exclusive of any state surcharges described in Sections 70372, 76000, and 76000.3 of the Government Code, if an indigent person enrolls in the payment plan. Waived late fees and penalty assessments may be reinstated if the person falls out of compliance with the payment plan.
(III)Limits the processing fee to participate in a payment plan to five dollars ($5) or less for indigent persons. The processing fee for an indigent person may be added to the payment plan amount, at the discretion of the indigent person.
(IV)Does not set a deadline following the issuance of a parking ticket for a person to file a request to participate in a payment plan.
(V)Allows for automatic payments.
(ii)The processing agency provides a process to waive an unpaid parking penalty, including a service fee or late fee, for a vehicle if the registered owner was in custody in a juvenile facility, county jail, or state prison when the penalty was pending.
(iii)The processing agency provides a payment plan option for a person who does not qualify as indigent that does all of the following:
(I)Allows payment of an unpaid parking penalty and related service fees in monthly installments over a period of at least 12 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
(II)Allows for automatic payments.
(III)Limits the processing fee to participate in the payment plan to twenty-five dollars ($25) or less.
(IV)Does not set a deadline following the issuance of a parking ticket for a person to file a request to participate in a payment plan.
(iv)Sixty days before filing the itemization with the department, the processing agency mails a courtesy warning notice to the registered vehicle owner that contains the information in clauses (v) and (vi).
(v)The processing agency includes all of the following information in the notice of parking violation:
(I)The availability of the payment plans described in clauses (i) and (iii).
(II)An internet website link and telephone number that provide more information about the payment plans.
(vi)The processing agency, at a clear and easily accessible location on its internet website and in the same manner as it generally provides information and instructions on the payment of a parking citation, including at an in-person payment counter or a telephone recording, includes all of the following information on its internet website:
(I)The availability of payment plans described in clauses (i) and (iii) and a description of those plans that includes the statutory requirements to qualify for each plan.
(II)Clear language about how the person can request an indigency determination and what that determination will entail.
(III)Clear language about how the person can request a waiver of unpaid parking penalties under clause (ii) and what that process will entail.
(IV)A telephone number that provides more information about the payment plans.
(B)The processing agency shall allow an indigent person who falls out of compliance with the payment plan at least four extensions of 45 calendar days from the date the payment plan becomes delinquent to resume payments before the processing agency may file an itemization of unpaid parking penalties and related service fees with the department pursuant to subparagraph (A). The processing agency shall allow a nonindigent person who falls out of compliance with the payment plan a one-time extension of 45 calendar days from the date the payment plan becomes delinquent to resume payments before the processing agency may file an itemization of unpaid parking penalties and related service fees with the department pursuant to subparagraph (A).
(C)The processing agency shall rescind the filing of an itemization of unpaid parking penalties and related service fees with the department if the registered owner or lessee enrolls in a payment plan and pays a late fee of no more than five dollars ($5).
(D)(i)Each California State University and community college district governing board shall adopt a parking citation payment plan for persons with multiple unpaid parking citations. A parking citation payment policy adopted under this subparagraph shall include, but not be limited to, all of the following requirements:
(I)Late fees shall be placed in abeyance while the payment plan is in place and the person adheres to its terms, and shall be waived once the payment plan is completed.
(II)Once the payment plan is in place and the person adheres to its terms, an itemization of unpaid parking penalties and service fees as described in subparagraph (A) shall not be filed with the department.
(III)Each California State University and community college district campus shall post the parking citation payment policy on its internet website for students awareness and access.
(ii)A California State University or community college district governing board that fails to implement a parking citation payment plan pursuant to clause (i) shall implement the payment plan as provided in subparagraphs (A) to (C), inclusive, and subdivision (c).
(2) (A)If more than four hundred dollars ($400) in unpaid penalties and fees have been accrued by a person or registered owner, proof thereof may be filed with the court and shall have the same effect as a civil judgment. Execution may be levied and other measures may be taken for the collection of the judgment as are authorized for the collection of an unpaid civil judgment entered against a defendant in an action on a debtor. The court may assess costs against a judgment debtor to be paid upon satisfaction of the judgment. The processing agency shall send a notice by first-class mail to the person or registered owner indicating that a judgment shall be entered for the unpaid penalties, fees, and costs and that, after 21 calendar days from the date of the mailing of the notice, the judgment shall have the same effect as an entry of judgment against a judgment debtor. The person or registered owner shall also be notified at that time that execution may be levied against their assets, liens may be placed against their property, their wages may be garnished, and other steps may be taken to satisfy the judgment. If a judgment is rendered for the processing agency, the processing agency may contract with a collection agency to collect the amount of the judgment.
(B)Notwithstanding any other law, the processing agency shall pay the established first paper civil filing fee at the time an entry of civil judgment is requested.
(3)If the registration of the vehicle has not been renewed for 60 days beyond the renewal date, and the citation has not been collected by the department pursuant to Section 4760, file proof of unpaid penalties and fees with the court with the same effect as a civil judgment as provided in paragraph (2).
(b)This section does not apply to a registered owner of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle, and the department has notified the processing agency pursuant to Section 4764.
(c)(1)For purposes of paragraph (1) of subdivision (a), a person is indigent if any of the following conditions is met:
(A)The person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code.
(B)The person receives public benefits from a program listed in subdivision (a) of Section 68632 of the Government Code.
(2)The person may demonstrate that the person is indigent by providing either of the following information, as applicable:
(A)Proof of income from a pay stub or another form of proof of earnings, such as a bank statement, that shows that the person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code, subject to review and approval by the processing agency or its designee. The processing agency or its designee shall not unreasonably withhold its approval.
(B)Proof of receipt of benefits under the programs described in subparagraph (B) of paragraph (1), including, but not limited to, an electronic benefits transfer card or another card, subject to review and approval by the processing agency. The processing agency or its designee shall not unreasonably withhold its approval.
(3)If a persons indigent status is found to have been willfully fraudulent, the persons penalties and fees reduction shall be overturned and the full amount of penalties and fees shall be restored.
SEC. 14.SEC. 15.Section 40261 of the Vehicle Code is amended to read:40261.(a)Within 10 days from the mailing of a notice of delinquent toll evasion violation, any person or their agent, may request by mail or in person a photostatic copy or an electronically produced facsimile of the original notice of toll evasion violation. The issuing agency may charge a fee sufficient to recover the actual cost of providing the copy, not to exceed two dollars ($2). Within 15 days of the request, the processing agency shall mail or otherwise provide the copy. Until the issuing agency complies with a request for a copy of the original notice of toll evasion violation, the processing agency may not proceed pursuant to Section 40267.
(b)If the description of the vehicle on the notice of toll evasion violation does not match the departments corresponding vehicle registration record, the processing agency may, on written request of the person, cancel the notice of toll evasion violation without the necessity of an appearance by that person.
(a)Except for vehicles registered pursuant to Article 5 (commencing with Section 9700) of Chapter 6 of Division 3, the department shall notify the registered owner of each vehicle of the date that the registration renewal fees for the vehicle are due, at least 60 days prior to that due date. The department shall indicate the fact that the required notice was mailed by a notation in the departments records.
(b)The department shall include in any final notice of delinquent registration provided to the registered owner of a vehicle whose registration has not been properly renewed as required under this code, information relating to the potential removal and impoundment of that vehicle under subdivision (n) of Section 22651.
(c)Commencing on May 1, 2011, subdivision (a) shall not apply to vehicles with registration expiring on or after July 1, 2011. This subdivision shall become inoperative on January 1, 2012.
SEC. 2.Section 2810.2 of the Vehicle Code is amended to read:2810.2.(a)(1)A peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may stop a vehicle transporting agricultural irrigation supplies that are in plain view to inspect the bills of lading, shipping, or delivery papers, or other evidence to determine whether the driver is in legal possession of the load, if the vehicle is on a rock road or unpaved road that is located in a county that has elected to implement this section and the road is located as follows:
(A)Located under the management of the Department of Parks and Recreation, the Department of Fish and Wildlife, the Department of Forestry and Fire Protection, the State Lands Commission, a regional park district, the United States Forest Service, or the federal Bureau of Land Management.
(B)Located within the respective ownership of a timberland production zone, as defined in Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code, either that is larger than 50,000 acres or for which the owner of more than 2,500 acres has given express written permission for a vehicle to be stopped within that zone pursuant to this section.
(2)Upon reasonable belief that the driver of the vehicle is not in legal possession, the law enforcement officer specified in paragraph (1) shall take custody of the vehicle and load and turn them over to the custody of the sheriff of the county that has elected to implement this section where the agricultural irrigation supplies are apprehended.
(b)The sheriff shall receive and provide for the care and safekeeping of the apprehended agricultural irrigation supplies that were in plain view within the boundaries of public lands under the management of the entities listed in subparagraph (A) of paragraph (1) of subdivision (a) or on a timberland production zone as specified in subparagraph (B) of paragraph (1) of subdivision (a), and immediately, in cooperation with the department, proceed with an investigation and its legal disposition.
(c)An expense incurred by the sheriff in the performance of their duties under this section shall be a legal charge against the county.
(d)Except as provided in subdivision (e), a peace officer shall not cause the impoundment of a vehicle at a traffic stop made pursuant to subdivision (a) if the drivers only offense is a violation of Section 12500.
(e)During the conduct of pulling a driver over in accordance with subdivision (a), if the peace officer encounters a driver who is in violation of Section 12500, the peace officer shall make a reasonable attempt to identify the registered owner of the vehicle. If the registered owner is present, or the peace officer is able to identify the registered owner and obtain the registered owners authorization to release the motor vehicle to a licensed driver during the vehicle stop, the vehicle shall be released to either the registered owner of the vehicle if they are a licensed driver or to the licensed driver authorized by the registered owner of the vehicle. If a notice to appear is issued, the name and the drivers license number of the licensed driver to whom the vehicle was released pursuant to this subdivision shall be listed on the officers copy of the notice to appear issued to the unlicensed driver. If a vehicle cannot be released, the vehicle shall be removed pursuant to subdivision (o) of Section 22651, whether a notice to appear has been issued or not.
(f)For purposes of this section, agricultural irrigation supplies include agricultural irrigation water bladder and one-half inch diameter or greater irrigation line.
(g)This section shall be implemented only in a county where the board of supervisors adopts a resolution authorizing the enforcement of this section.
SEC. 3.Section 2814.2 of the Vehicle Code is amended to read:2814.2.(a)A driver of a motor vehicle shall stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop.
(b)Notwithstanding Section 14602.6 or 14607.6, a peace officer or any other authorized person shall not cause the impoundment of a vehicle at a sobriety checkpoint if the drivers only offense is a violation of Section 12500.
(c)During the conduct of a sobriety checkpoint, if the law enforcement officer encounters a driver who is in violation of Section 12500, the law enforcement officer shall make a reasonable attempt to identify the registered owner of the vehicle. If the registered owner is present, or the officer is able to identify the registered owner and obtain the registered owners authorization to release the motor vehicle to a licensed driver by the end of the checkpoint, the vehicle shall be released to either the registered owner of the vehicle if they are a licensed driver or to the licensed driver authorized by the registered owner of the vehicle. If a notice to appear is issued, the name and drivers license number of the licensed driver to whom the vehicle was released pursuant to this subdivision shall be listed on the officers copy of the notice to appear issued to the unlicensed driver. When a vehicle cannot be released, the vehicle shall be removed pursuant to subdivision (o) of Section 22651, whether a notice to appear has been issued or not.
SEC. 4.Section 4000 of the Vehicle Code is amended to read:4000.(a)(1)A person shall not drive, move, or leave standing upon a highway, or in an offstreet public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid under this code or registered under the permanent trailer identification program, except that an off-highway motor vehicle that displays an identification plate or device issued by the department pursuant to Section 38010 may be driven, moved, or left standing in an offstreet public parking facility without being registered or paying registration fees.
(2)For purposes of this subdivision, offstreet public parking facility means either of the following:
(A)Any publicly owned parking facility.
(B)Any privately owned parking facility for which no fee for the privilege to park is charged and that is held open for the common public use of retail customers.
(3)This subdivision does not apply to any motor vehicle stored in a privately owned offstreet parking facility by, or with the express permission of, the owner of the privately owned offstreet parking facility.
(4)Beginning July 1, 2011, the enforcement of paragraph (1) shall commence on the first day of the second month following the month of expiration of the vehicles registration. This paragraph shall become inoperative on January 1, 2012.
(b)No person shall drive, move, or leave standing upon a highway any motor vehicle, as defined in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code, that has been registered in violation of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code.
(c)Subdivisions (a) and (b) do not apply to off-highway motor vehicles operated pursuant to Sections 38025 and 38026.5.
(d)This section does not apply, following payment of fees due for registration, during the time that registration and transfer is being withheld by the department pending the investigation of any use tax due under the Revenue and Taxation Code.
(e)Subdivision (a) does not apply to a vehicle that is towed by a tow truck on the order of a sheriff, marshal, or other official acting pursuant to a court order or on the order of a peace officer acting pursuant to this code.
(f)Subdivision (a) applies to a vehicle that is towed from a highway or offstreet parking facility under the direction of a highway service organization when that organization is providing emergency roadside assistance to that vehicle. However, the operator of a tow truck providing that assistance to that vehicle is not responsible for the violation of subdivision (a) with respect to that vehicle. The owner of an unregistered vehicle that is disabled and located on private property, shall obtain a permit from the department pursuant to Section 4003 prior to having the vehicle towed on the highway.
(g)(1)Pursuant to Section 4022 and to subparagraph (B) of paragraph (3) of subdivision (n) of Section 22651, a vehicle obtained by a licensed repossessor as a release of collateral is exempt from registration pursuant to this section for purposes of the repossessor removing the vehicle to their storage facility or the facility of the legal owner. A law enforcement agency, impounding authority, tow yard, storage facility, or any other person in possession of the collateral shall release the vehicle without requiring current registration and pursuant to subdivision (f) of Section 14602.6.
(2)The legal owner of collateral shall, by operation of law and without requiring further action, indemnify and hold harmless a law enforcement agency, city, county, city and county, the state, a tow yard, storage facility, or an impounding yard from a claim arising out of the release of the collateral to a licensee, and from any damage to the collateral after its release, including reasonable attorneys fees and costs associated with defending a claim, if the collateral was released in compliance with this subdivision.
(h)For purposes of this section, possession of a California drivers license by the registered owner of a vehicle shall give rise to a rebuttable presumption that the owner is a resident of California.
SEC. 5.Section 4760 of the Vehicle Code is amended to read:4760.(a)(1)Except as provided in subdivision (b) or (d), the department shall refuse to renew the registration of a vehicle if the registered owner or lessee has been mailed a notice of delinquent parking violation relating to standing or parking, the processing agency has filed or electronically transmitted to the department an itemization of unpaid parking penalties, including administrative fees pursuant to Section 40220, and the owner or lessee has not paid the parking penalties and administrative fees pursuant to Section 40211, unless they pay to the department, at the time of application for renewal, the full amount of all outstanding parking penalties and administrative fees, as shown by records of the department, or the itemization of unpaid parking penalties has been rescinded pursuant to Section 40220.
(2)When the department receives the full amount of all outstanding parking penalties and administrative fees pursuant to paragraph (1), it shall issue a receipt showing each parking penalty and administrative fee that has been paid, the processing agency for that penalty and fee, and a description of the vehicle involved in the parking violations. The receipt shall also state that, to reduce the possibility of further collection actions or impoundment under Section 22651 of the vehicle involved in the parking violation, the registered owner or lessee may transmit to that processing agency a copy or other evidence of the receipt.
(b)The department shall not refuse to renew the registration of a vehicle owned by a renter or lessor if the applicant provides the department with the abstract or notice of disposition of parking violation issued pursuant to subdivision (c) for clearing all outstanding parking penalties and administrative fees as shown by the records of the department.
(c)The court or designated processing agency shall issue an abstract or notice of disposition of parking violation to the renter or lessor of a vehicle issued a notice of delinquent parking violation relating to standing or parking if the renter or lessor provides the court or processing agency with the name, address, and drivers license number of the rentee or lessee at the time of occurrence of the parking violation.
(d)The department shall not refuse to renew the registration of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle.
(e)The department shall allow a registered owner or lessee to file a certification that the vehicle will not be operated, moved, or left standing upon a highway pursuant to Section 4604, if the registered owner or lessee currently owes parking penalties and administrative fees for that vehicle, regardless of whether or not that registered owner or lessee is currently on an active payment plan pursuant to Section 40220.
SEC. 6.Section 14602 of the Vehicle Code is amended to read:14602.In accordance with subdivision (o) of Section 22651, a vehicle removed pursuant to subdivision (c) of Section 2814.2 shall be released to the registered owner or their agent at any time the facility to which the vehicle has been removed is open upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration.
SEC. 7.Section 22651 of the Vehicle Code is amended to read:22651.A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(a)If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.
(b)If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.
(c)If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.
(d)If a vehicle is illegally parked so as to block the entrance to a private driveway and it is impractical to move the vehicle from in front of the driveway to another point on the highway.
(e)If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.
(f)If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade and the driver, if present, cannot move the vehicle under its own power.
(g)If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.
(h)(1)If an officer arrests a person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody.
(2)If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.
(i)If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of their identity and an address within this state where they can be located.
(j)If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.
(k)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(l)If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(m)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (u) and (v), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(n)(1)If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:
(A)With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle, or is not otherwise lawfully used on that vehicle under this code.
(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.
(D)(i)The vehicle is operating using autonomous technology, without the registered owner or manufacturer of the vehicle having first applied for, and obtained, a valid permit that is required to operate the vehicle on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)The vehicle is operating using autonomous technology after the registered owner or person in control of the vehicle received notice that the vehicles permit required for the operation of the vehicle pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations is suspended, terminated, or revoked.
(iii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.
(iv)This subparagraph does not provide the authority for a peace officer to stop an autonomous vehicle solely for the purpose of determining whether the vehicle is operating using autonomous technology without a valid permit required to operate the autonomous vehicle on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(2)If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3)For the purposes of this subdivision, the vehicle shall be released under any of the following circumstances:
(A)If the vehicle has been removed pursuant to subparagraph (A), (B), or (C) of paragraph (1), to the registered owner of, or person in control of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license to operate the vehicle.
(B)If the vehicle has been removed pursuant to subparagraph (D) of paragraph (1), to the registered owner of, or person in control of, the autonomous vehicle, after the registered owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, if required to operate the autonomous vehicle, and either of the following:
(i)Proof of a valid permit required to operate the autonomous vehicle using autonomous technology on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)A declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit to operate the vehicle pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:
(i)Pays the cost of towing and storing the vehicle.
(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking, and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.
(o)If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or their agent, except upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration, to the impounding law enforcement agency, or upon order of a court.
(p)If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense, pursuant to a resolution or ordinance adopted by the local authority.
(q)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(r)(1)If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.
(2)Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.
(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.
(s)If a peace officer issues a notice to appear for a violation of Section 25279.
(t)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(u)(1)If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (m) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (m) of Section 21100, may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance, that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(v)(1)If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (p) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (p) of Section 21100, may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(w)(1)If a vehicle, other than a rented vehicle, is found upon a highway or public land, or is removed pursuant to this code, and it is known that the vehicle has been issued five or more notices of parking violations to which the owner or person in control of the vehicle has not responded within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation to the agency responsible for processing notices of parking violations, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which a certificate has not been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following:
(A)Evidence of their identity.
(B)An address within this state where they can be located.
(C)Satisfactory evidence that all parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle, and all traffic violations of the registered owner, have been cleared.
(2)The requirements in subparagraph (C) of paragraph (1) shall be fully enforced by the impounding law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records.
(3)A notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail has been deposited, that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county where the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. Evidence of current registration shall be produced after a vehicle has been impounded, or, at the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.
(4)A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following:
(A)Pays the cost of towing and storing the vehicle.
(B)Submits evidence of payment of fees as provided in Section 9561.
(C)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. The legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, on receipt of that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(5)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled pursuant to paragraph (4) has a deficiency claim against the registered owner for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(6)This subdivision shall only be enforced by agents of public higher educational institutions, including the University of California, California State University, and California Community Colleges.
SEC. 8.Section 22651.3 of the Vehicle Code is repealed.SEC. 9.Section 22651.7 of the Vehicle Code is repealed.SEC. 9.Section 22651.7 of the Vehicle Code is amended to read:22651.7.(a)In addition to, or as an alternative to, removal, a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations, an agent of public higher educational institutions, including the University of California, California State University, and California Community Colleges, of a jurisdiction in which a vehicle is located may immobilize the vehicle with a device designed and manufactured for the immobilization of vehicles, on a highway or any public lands located within the territorial limits in which the officer or employee agent may act if the vehicle is found upon a highway or public lands and it is known to have been issued five or more notices of parking violations that are delinquent because the owner or person in control of the vehicle has not responded to the agency responsible for processing notices of parking violation within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which no certificate has been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17. The vehicle may be immobilized until that person furnishes to the immobilizing law enforcement agency all of the following:
(1)Evidence of his or her their identity.
(2)An address within this state at which he or she they can be located.
(3)Satisfactory evidence that the full amount of parking penalties has been deposited for all notices of parking violation issued for the vehicle and any other vehicle registered to the registered owner of the immobilized vehicle and that bail has been deposited for all traffic violations of the registered owner that have not been cleared. The requirements in this paragraph shall be fully enforced by the immobilizing law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records. A notice of parking violation issued to the vehicle shall be accompanied by a warning that repeated violations may result in the impounding or immobilization of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail, or both, have been deposited that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county in which the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is immobilized. Evidence of current registration shall be produced after a vehicle has been immobilized or, at the discretion of the immobilizing law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.
(b)A person, other than a person authorized under subdivision (a), shall not immobilize a vehicle.
SEC. 10.Section 22651.8 of the Vehicle Code is repealed.SEC. 11.Section 22851.1 of the Vehicle Code is repealed.SEC. 11.Section 22851.1 of the Vehicle Code is amended to read:22851.1.(a)If the vehicle is impounded pursuant to subdivision (i) (w) of Section 22651 and not released as provided in that subdivision, the vehicle may be sold pursuant to this chapter to satisfy the liens specified in Section 22851 and in subdivision (b) of this section.
(b)A local authority impounding a vehicle pursuant to subdivision (i) (w) of Section 22651 shall have a lien dependent upon possession by the keeper of the garage for satisfaction of bail for all outstanding notices of parking violation issued by the local authority for the vehicle, when the conditions specified in subdivision (c) have been met. This lien shall be subordinate in priority to the lien established by Section 22851, and the proceeds of any sale shall be applied accordingly. Consistent with this order of priority, the term lien, as used in this article and in Chapter 6.5 (commencing with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code, includes a lien imposed by this subdivision. In any action brought to perfect the lien, where required by subdivision (d) of Section 22851.8 of this code, or by subdivision (d) of Section 3071 or subdivision (d) of Section 3072 of the Civil Code, it shall be a defense to the recovery of bail that the owner of the vehicle at the time of impoundment was not the owner of the vehicle at the time of the parking offense.
(c)A lien shall exist for bail with respect to parking violations for which no person has answered the charge in the notice of parking violation given, or filed an affidavit of nonownership pursuant to and within the time specified in subdivision (b) of Section 41103.
(d)This section shall only be enforced by agents of public higher educational institutions, including the University of California, California State University, and California Community Colleges.
SEC. 12.Section 40206.5 of the Vehicle Code is amended to read:40206.5.(a)Within 15 days of a request, by mail or in person, the processing agency shall mail or otherwise provide to any person who has received a notice of delinquent parking violation, or their agent, a photostatic copy of the original notice of parking violation or an electronically produced facsimile of the original notice of parking violation. The issuing agency may charge a fee sufficient to recover the actual cost of providing the copy, not to exceed two dollars ($2). Until the issuing agency complies with a request for a copy of the original notice of parking violation, the processing agency may not proceed pursuant to Section 40220.
(b)If the description of the vehicle on the notice of parking violation does not substantially match the corresponding information on the registration card for that vehicle and the processing agency is satisfied that the vehicle has not been incorrectly described due to the intentional switching of license plates, the processing agency shall, on written request of the person cancel the notice of parking violation without the necessity of an appearance by that person.
(c)For purposes of this section, a copy of the notice of parking violation may be a photostatic copy or an electronically produced facsimile.
SEC. 13.Section 40220 of the Vehicle Code is amended to read:40220.(a)Except as otherwise provided in Sections 40220.5, 40221, and 40222, the processing agency may proceed under one of the following options in order to collect an unpaid parking penalty and related service fees:
(1)(A)File an itemization of unpaid parking penalties and related service fees with the department for collection with the registration of the vehicle pursuant to Section 4760 if the vehicle has six or more unpaid parking citations. A processing agency for public higher educational instruction, including the University of California, California State University, and California Community Colleges, may file an itemization for unpaid parking penalties for one or more parking citations. For unpaid parking penalties issued on and after July 1, 2018, and related service fees, the processing agency shall not file an itemization with the department unless all of the following conditions have been satisfied:
(i)The processing agency provides a payment plan option for indigent persons that, at a minimum, does all of the following:
(I)Allows payment of unpaid parking penalties and related service fees in monthly installments of no more than twenty-five dollars ($25) and reduces the total amount due so that it may be paid off within 24 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
(II)Waives all late fees and penalty assessments, exclusive of any state surcharges described in Sections 70372, 76000, and 76000.3 of the Government Code, if an indigent person enrolls in the payment plan. Waived late fees and penalty assessments may be reinstated if the person falls out of compliance with the payment plan.
(III)Limits the processing fee to participate in a payment plan to five dollars ($5) or less for indigent persons. The processing fee for an indigent person may be added to the payment plan amount, at the discretion of the indigent person.
(IV)Does not set a deadline following the issuance of a parking ticket for a person to file a request to participate in a payment plan.
(V)Allows for automatic payments.
(ii)The processing agency provides a process to waive an unpaid parking penalty, including a service fee or late fee, for a vehicle if the registered owner was in custody in a juvenile facility, county jail, or state prison when the penalty was pending.
(iii)The processing agency provides a payment plan option for a person who does not qualify as indigent that does all of the following:
(I)Allows payment of an unpaid parking penalty and related service fees in monthly installments over a period of at least 12 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
(II)Allows for automatic payments.
(III)Limits the processing fee to participate in the payment plan to twenty-five dollars ($25) or less.
(IV)Does not set a deadline following the issuance of a parking ticket for a person to file a request to participate in a payment plan.
(iv)Sixty days before filing the itemization with the department, the processing agency mails a courtesy warning notice to the registered vehicle owner that contains the information in clauses (v) and (vi).
(v)The processing agency includes all of the following information in the notice of parking violation:
(I)The availability of the payment plans described in clauses (i) and (iii).
(II)An internet website link and telephone number that provide more information about the payment plans.
(vi)The processing agency, at a clear and easily accessible location on its internet website and in the same manner as it generally provides information and instructions on the payment of a parking citation, including at an in-person payment counter or a telephone recording, includes all of the following information on its internet website:
(I)The availability of payment plans described in clauses (i) and (iii) and a description of those plans that includes the statutory requirements to qualify for each plan.
(II)Clear language about how the person can request an indigency determination and what that determination will entail.
(III)Clear language about how the person can request a waiver of unpaid parking penalties under clause (ii) and what that process will entail.
(IV)A telephone number that provides more information about the payment plans.
(B)The processing agency shall allow an indigent person who falls out of compliance with the payment plan at least four extensions of 45 calendar days from the date the payment plan becomes delinquent to resume payments before the processing agency may file an itemization of unpaid parking penalties and related service fees with the department pursuant to subparagraph (A). The processing agency shall allow a nonindigent person who falls out of compliance with the payment plan a one-time extension of 45 calendar days from the date the payment plan becomes delinquent to resume payments before the processing agency may file an itemization of unpaid parking penalties and related service fees with the department pursuant to subparagraph (A).
(C)The processing agency shall rescind the filing of an itemization of unpaid parking penalties and related service fees with the department if the registered owner or lessee enrolls in a payment plan and pays a late fee of no more than five dollars ($5).
(D)(i)Each California State University and community college district governing board shall adopt a parking citation payment plan for persons with multiple unpaid parking citations. A parking citation payment policy adopted under this subparagraph shall include, but not be limited to, all of the following requirements:
(I)Late fees shall be placed in abeyance while the payment plan is in place and the person adheres to its terms, and shall be waived once the payment plan is completed.
(II)Once the payment plan is in place and the person adheres to its terms, an itemization of unpaid parking penalties and service fees as described in subparagraph (A) shall not be filed with the department.
(III)Each California State University and community college district campus shall post the parking citation payment policy on its internet website for students awareness and access.
(ii)A California State University or community college district governing board that fails to implement a parking citation payment plan pursuant to clause (i) shall implement the payment plan as provided in subparagraphs (A) to (C), inclusive, and subdivision (c).
(2) (A)If more than four hundred dollars ($400) in unpaid penalties and fees have been accrued by a person or registered owner, proof thereof may be filed with the court and shall have the same effect as a civil judgment. Execution may be levied and other measures may be taken for the collection of the judgment as are authorized for the collection of an unpaid civil judgment entered against a defendant in an action on a debtor. The court may assess costs against a judgment debtor to be paid upon satisfaction of the judgment. The processing agency shall send a notice by first-class mail to the person or registered owner indicating that a judgment shall be entered for the unpaid penalties, fees, and costs and that, after 21 calendar days from the date of the mailing of the notice, the judgment shall have the same effect as an entry of judgment against a judgment debtor. The person or registered owner shall also be notified at that time that execution may be levied against their assets, liens may be placed against their property, their wages may be garnished, and other steps may be taken to satisfy the judgment. If a judgment is rendered for the processing agency, the processing agency may contract with a collection agency to collect the amount of the judgment.
(B)Notwithstanding any other law, the processing agency shall pay the established first paper civil filing fee at the time an entry of civil judgment is requested.
(3)If the registration of the vehicle has not been renewed for 60 days beyond the renewal date, and the citation has not been collected by the department pursuant to Section 4760, file proof of unpaid penalties and fees with the court with the same effect as a civil judgment as provided in paragraph (2).
(b)This section does not apply to a registered owner of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle, and the department has notified the processing agency pursuant to Section 4764.
(c)(1)For purposes of paragraph (1) of subdivision (a), a person is indigent if any of the following conditions is met:
(A)The person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code.
(B)The person receives public benefits from a program listed in subdivision (a) of Section 68632 of the Government Code.
(2)The person may demonstrate that the person is indigent by providing either of the following information, as applicable:
(A)Proof of income from a pay stub or another form of proof of earnings, such as a bank statement, that shows that the person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code, subject to review and approval by the processing agency or its designee. The processing agency or its designee shall not unreasonably withhold its approval.
(B)Proof of receipt of benefits under the programs described in subparagraph (B) of paragraph (1), including, but not limited to, an electronic benefits transfer card or another card, subject to review and approval by the processing agency. The processing agency or its designee shall not unreasonably withhold its approval.
(3)If a persons indigent status is found to have been willfully fraudulent, the persons penalties and fees reduction shall be overturned and the full amount of penalties and fees shall be restored.
SEC. 14.Section 40261 of the Vehicle Code is amended to read:40261.(a)Within 10 days from the mailing of a notice of delinquent toll evasion violation, any person or their agent, may request by mail or in person a photostatic copy or an electronically produced facsimile of the original notice of toll evasion violation. The issuing agency may charge a fee sufficient to recover the actual cost of providing the copy, not to exceed two dollars ($2). Within 15 days of the request, the processing agency shall mail or otherwise provide the copy. Until the issuing agency complies with a request for a copy of the original notice of toll evasion violation, the processing agency may not proceed pursuant to Section 40267.
(b)If the description of the vehicle on the notice of toll evasion violation does not match the departments corresponding vehicle registration record, the processing agency may, on written request of the person, cancel the notice of toll evasion violation without the necessity of an appearance by that person.
(a)Except for vehicles registered pursuant to Article 5 (commencing with Section 9700) of Chapter 6 of Division 3, the department shall notify the registered owner of each vehicle of the date that the registration renewal fees for the vehicle are due, at least 60 days prior to that due date. The department shall indicate the fact that the required notice was mailed by a notation in the departments records.
(b)The department shall include in any final notice of delinquent registration provided to the registered owner of a vehicle whose registration has not been properly renewed as required under this code, information relating to the potential removal and impoundment of that vehicle under subdivision (n) of Section 22651.
(c)Commencing on May 1, 2011, subdivision (a) shall not apply to vehicles with registration expiring on or after July 1, 2011. This subdivision shall become inoperative on January 1, 2012.
SEC. 2.Section 2810.2 of the Vehicle Code is amended to read:2810.2.(a)(1)A peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may stop a vehicle transporting agricultural irrigation supplies that are in plain view to inspect the bills of lading, shipping, or delivery papers, or other evidence to determine whether the driver is in legal possession of the load, if the vehicle is on a rock road or unpaved road that is located in a county that has elected to implement this section and the road is located as follows:
(A)Located under the management of the Department of Parks and Recreation, the Department of Fish and Wildlife, the Department of Forestry and Fire Protection, the State Lands Commission, a regional park district, the United States Forest Service, or the federal Bureau of Land Management.
(B)Located within the respective ownership of a timberland production zone, as defined in Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code, either that is larger than 50,000 acres or for which the owner of more than 2,500 acres has given express written permission for a vehicle to be stopped within that zone pursuant to this section.
(2)Upon reasonable belief that the driver of the vehicle is not in legal possession, the law enforcement officer specified in paragraph (1) shall take custody of the vehicle and load and turn them over to the custody of the sheriff of the county that has elected to implement this section where the agricultural irrigation supplies are apprehended.
(b)The sheriff shall receive and provide for the care and safekeeping of the apprehended agricultural irrigation supplies that were in plain view within the boundaries of public lands under the management of the entities listed in subparagraph (A) of paragraph (1) of subdivision (a) or on a timberland production zone as specified in subparagraph (B) of paragraph (1) of subdivision (a), and immediately, in cooperation with the department, proceed with an investigation and its legal disposition.
(c)An expense incurred by the sheriff in the performance of their duties under this section shall be a legal charge against the county.
(d)Except as provided in subdivision (e), a peace officer shall not cause the impoundment of a vehicle at a traffic stop made pursuant to subdivision (a) if the drivers only offense is a violation of Section 12500.
(e)During the conduct of pulling a driver over in accordance with subdivision (a), if the peace officer encounters a driver who is in violation of Section 12500, the peace officer shall make a reasonable attempt to identify the registered owner of the vehicle. If the registered owner is present, or the peace officer is able to identify the registered owner and obtain the registered owners authorization to release the motor vehicle to a licensed driver during the vehicle stop, the vehicle shall be released to either the registered owner of the vehicle if they are a licensed driver or to the licensed driver authorized by the registered owner of the vehicle. If a notice to appear is issued, the name and the drivers license number of the licensed driver to whom the vehicle was released pursuant to this subdivision shall be listed on the officers copy of the notice to appear issued to the unlicensed driver. If a vehicle cannot be released, the vehicle shall be removed pursuant to subdivision (o) of Section 22651, whether a notice to appear has been issued or not.
(f)For purposes of this section, agricultural irrigation supplies include agricultural irrigation water bladder and one-half inch diameter or greater irrigation line.
(g)This section shall be implemented only in a county where the board of supervisors adopts a resolution authorizing the enforcement of this section.
SEC. 3.Section 2814.2 of the Vehicle Code is amended to read:2814.2.(a)A driver of a motor vehicle shall stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop.
(b)Notwithstanding Section 14602.6 or 14607.6, a peace officer or any other authorized person shall not cause the impoundment of a vehicle at a sobriety checkpoint if the drivers only offense is a violation of Section 12500.
(c)During the conduct of a sobriety checkpoint, if the law enforcement officer encounters a driver who is in violation of Section 12500, the law enforcement officer shall make a reasonable attempt to identify the registered owner of the vehicle. If the registered owner is present, or the officer is able to identify the registered owner and obtain the registered owners authorization to release the motor vehicle to a licensed driver by the end of the checkpoint, the vehicle shall be released to either the registered owner of the vehicle if they are a licensed driver or to the licensed driver authorized by the registered owner of the vehicle. If a notice to appear is issued, the name and drivers license number of the licensed driver to whom the vehicle was released pursuant to this subdivision shall be listed on the officers copy of the notice to appear issued to the unlicensed driver. When a vehicle cannot be released, the vehicle shall be removed pursuant to subdivision (o) of Section 22651, whether a notice to appear has been issued or not.
SEC. 4.Section 4000 of the Vehicle Code is amended to read:4000.(a)(1)A person shall not drive, move, or leave standing upon a highway, or in an offstreet public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid under this code or registered under the permanent trailer identification program, except that an off-highway motor vehicle which that displays an identification plate or device issued by the department pursuant to Section 38010 may be driven, moved, or left standing in an offstreet public parking facility without being registered or paying registration fees.
(2)For purposes of this subdivision, offstreet public parking facility means either of the following:
(A)Any publicly owned parking facility.
(B)Any privately owned parking facility for which no fee for the privilege to park is charged and which that is held open for the common public use of retail customers.
(3)This subdivision does not apply to any motor vehicle stored in a privately owned offstreet parking facility by, or with the express permission of, the owner of the privately owned offstreet parking facility.
(4)Beginning July 1, 2011, the enforcement of paragraph (1) shall commence on the first day of the second month following the month of expiration of the vehicles registration. This paragraph shall become inoperative on January 1, 2012.
(b)No person shall drive, move, or leave standing upon a highway any motor vehicle, as defined in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code, that has been registered in violation of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code.
(c)Subdivisions (a) and (b) do not apply to off-highway motor vehicles operated pursuant to Sections 38025 and 38026.5.
(d)This section does not apply, following payment of fees due for registration, during the time that registration and transfer is being withheld by the department pending the investigation of any use tax due under the Revenue and Taxation Code.
(e)Subdivision (a) does not apply to a vehicle that is towed by a tow truck on the order of a sheriff, marshal, or other official acting pursuant to a court order or on the order of a peace officer acting pursuant to this code.
(f)Subdivision (a) applies to a vehicle that is towed from a highway or offstreet parking facility under the direction of a highway service organization when that organization is providing emergency roadside assistance to that vehicle. However, the operator of a tow truck providing that assistance to that vehicle is not responsible for the violation of subdivision (a) with respect to that vehicle. The owner of an unregistered vehicle that is disabled and located on private property, shall obtain a permit from the department pursuant to Section 4003 prior to having the vehicle towed on the highway.
(g)(1)Pursuant to Section 4022 and to subparagraph (B) of paragraph (3) of subdivision (n) of Section 22651, a vehicle obtained by a licensed repossessor as a release of collateral is exempt from registration pursuant to this section for purposes of the repossessor removing the vehicle to their storage facility or the facility of the legal owner. A law enforcement agency, impounding authority, tow yard, storage facility, or any other person in possession of the collateral shall release the vehicle without requiring current registration and pursuant to subdivision (f) of Section 14602.6.
(2)The legal owner of collateral shall, by operation of law and without requiring further action, indemnify and hold harmless a law enforcement agency, city, county, city and county, the state, a tow yard, storage facility, or an impounding yard from a claim arising out of the release of the collateral to a licensee, and from any damage to the collateral after its release, including reasonable attorneys fees and costs associated with defending a claim, if the collateral was released in compliance with this subdivision.
(h)For purposes of this section, possession of a California drivers license by the registered owner of a vehicle shall give rise to a rebuttable presumption that the owner is a resident of California.
SEC. 5.Section 4760 of the Vehicle Code is amended to read:4760.(a)(1)Except as provided in subdivision (b) or (d), the department shall refuse to renew the registration of a vehicle if the registered owner or lessee has been mailed a notice of delinquent parking violation relating to standing or parking, the processing agency has filed or electronically transmitted to the department an itemization of unpaid parking penalties, including administrative fees pursuant to Section 40220, and the owner or lessee has not paid the parking penalty penalties and administrative fee fees pursuant to Section 40211 for eight or more parking violations, 40211, unless they pay to the department, at the time of application for renewal, the full amount of all outstanding parking penalties and administrative fees, as shown by records of the department, or the itemization of unpaid parking penalties has been rescinded pursuant to Section 40220.
(2)When the department receives the full amount of all outstanding parking penalties and administrative fees pursuant to paragraph (1), it shall issue a receipt showing each parking penalty and administrative fee that has been paid, the processing agency for that penalty and fee, and a description of the vehicle involved in the parking violations. The receipt shall also state that, to reduce the possibility of further collection actions or impoundment under Section 22651 of the vehicle involved in the parking violation, the registered owner or lessee may transmit to that processing agency a copy or other evidence of the receipt.
(b)The department shall not refuse to renew the registration of a vehicle owned by a renter or lessor if the applicant provides the department with the abstract or notice of disposition of parking violation issued pursuant to subdivision (c) for clearing all outstanding parking penalties and administrative fees as shown by the records of the department.
(c)The court or designated processing agency shall issue an abstract or notice of disposition of parking violation to the renter or lessor of a vehicle issued a notice of delinquent parking violation relating to standing or parking if the renter or lessor provides the court or processing agency with the name, address, and drivers license number of the rentee or lessee at the time of occurrence of the parking violation.
(d)The department shall not refuse to renew the registration of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle.
(e)The department shall allow a registered owner or lessee to file a certification that the vehicle will not be operated, moved, or left standing upon a highway pursuant to Section 4604, if the registered owner or lessee currently owes parking penalties and administrative fees for that vehicle, regardless of whether or not that registered owner or lessee is currently on an active payment plan pursuant to Section 40220.
SEC. 6.Section 14602 of the Vehicle Code is amended to read:14602.In accordance with subdivision (o) of Section 22651, a vehicle removed pursuant to subdivision (c) of Section 2814.2 shall be released to the registered owner or their agent at any time the facility to which the vehicle has been removed is open upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration.
SEC. 7.Section 22651 of the Vehicle Code is amended to read:22651.A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(a)If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.
(b)If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.
(c)If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.
(d)If a vehicle is illegally parked so as to block the entrance to a private driveway and it is impractical to move the vehicle from in front of the driveway to another point on the highway.
(e)If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.
(f)If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade and the driver, if present, cannot move the vehicle under its own power.
(g)If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.
(h)(1)If an officer arrests a person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody.
(2)If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.
(i)If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of their identity and an address within this state where they can be located.
(j)If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.
(k)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(l)If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(m)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (u) and (v), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(n)(1)If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:
(A)With a registration expiration date in excess of one year six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle, or is not otherwise lawfully used on that vehicle under this code.
(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.
(D)(i)The vehicle is operating using autonomous technology, without the registered owner or manufacturer of the vehicle having first applied for, and obtained, a valid permit that is required to operate the vehicle on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)The vehicle is operating using autonomous technology after the registered owner or person in control of the vehicle received notice that the vehicles permit required for the operation of the vehicle pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations is suspended, terminated, or revoked.
(iii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.
(iv)This subparagraph does not provide the authority for a peace officer to stop an autonomous vehicle solely for the purpose of determining whether the vehicle is operating using autonomous technology without a valid permit required to operate the autonomous vehicle on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(2)If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3)For the purposes of this subdivision, the vehicle shall be released under any of the following circumstances:
(A)If the vehicle has been removed pursuant to subparagraph (A), (B), or (C) of paragraph (1), to the registered owner of, or person in control of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license to operate the vehicle.
(B)If the vehicle has been removed pursuant to subparagraph (D) of paragraph (1), to the registered owner of, or person in control of, the autonomous vehicle, after the registered owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, if required to operate the autonomous vehicle, and either of the following:
(i)Proof of a valid permit required to operate the autonomous vehicle using autonomous technology on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)A declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit to operate the vehicle pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:
(i)Pays the cost of towing and storing the vehicle.
(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking, and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.
(o)If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or their agent, except upon presentation of the registered owners or their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration, to the impounding law enforcement agency, or upon order of a court.
(p)If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense, pursuant to a resolution or ordinance adopted by the local authority.
(q)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(r)(1)If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.
(2)Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.
(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.
(s)If a peace officer issues a notice to appear for a violation of Section 25279.
(t)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(u)(1)If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (m) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (m) of Section 21100, may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance, that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(v)(1)If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (p) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (p) of Section 21100, may provide notice by issuing a warning citation advising the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
SEC. 8.Section 22651.3 of the Vehicle Code is repealed.SEC. 9.Section 22651.7 of the Vehicle Code is repealed.SEC. 10.Section 22651.8 of the Vehicle Code is repealed.SEC. 11.Section 22851.1 of the Vehicle Code is repealed.SEC. 12.Section 40206.5 of the Vehicle Code is amended to read:40206.5.(a)Within 15 days of a request, by mail or in person, the processing agency shall mail or otherwise provide to any person who has received a notice of delinquent parking violation, or their agent, a photostatic copy of the original notice of parking violation or an electronically produced facsimile of the original notice of parking violation. The issuing agency may charge a fee sufficient to recover the actual cost of providing the copy, not to exceed two dollars ($2). Until the issuing agency complies with a request for a copy of the original notice of parking violation, the processing agency may not proceed pursuant to Section 40220.
(b)If the description of the vehicle on the notice of parking violation does not substantially match the corresponding information on the registration card for that vehicle and the processing agency is satisfied that the vehicle has not been incorrectly described due to the intentional switching of license plates, the processing agency shall, on written request of the person cancel the notice of parking violation without the necessity of an appearance by that person.
(c)For purposes of this section, a copy of the notice of parking violation may be a photostatic copy or an electronically produced facsimile.
SEC. 13.Section 40220 of the Vehicle Code is amended to read:40220.(a)Except as otherwise provided in Sections 40220.5, 40221, and 40222, the processing agency may proceed under one of the following options in order to collect an unpaid parking penalty and related service fees:
(1)(A)File an itemization of unpaid parking penalties and related service fees with the department for collection with the registration of the vehicle pursuant to Section 4760. 4760 if the vehicle has six or more unpaid parking citations. For unpaid parking penalties issued on and after July 1, 2018, and related service fees, the processing agency shall not file an itemization with the department unless all of the following conditions have been satisfied:
(i)The processing agency provides a payment plan option for indigent persons that, at a minimum, does all of the following:
(I)Allows payment of unpaid parking penalties and related service fees in monthly installments of no more than twenty-five dollars ($25) and reduces the total amount due so that it may be paid off within 24 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
(II)Waives all late fees and penalty assessments, exclusive of any state surcharges described in Sections 70372, 76000, and 76000.3 of the Government Code, if an indigent person enrolls in the payment plan. Waived late fees and penalty assessments may be reinstated if the person falls out of compliance with the payment plan.
(III)Limits the processing fee to participate in a payment plan to five dollars ($5) or less for indigent persons. The processing fee for an indigent person may be added to the payment plan amount, at the discretion of the indigent person.
(IV)Does not set a deadline following the issuance of a parking ticket for a person to file a request to participate in a payment plan.
(V)Allows for automatic payments.
(ii)The processing agency includes the information described in subclauses (I) and (II) in the notice of parking violation, and includes both in the notice of parking violation and on its internet website, an internet website link and telephone number to more information on the payment program. The processing agency shall, at a readily accessible and prominent location, include all of the following on its website:(I)The availability of an installment payment plan and the right to request enrollment in the plan at any time.(II)The persons right to request an indigency determination at any time.(III)Clear language about how the person can request an indigency determination and what that determination will entail.(IV)Documents needed by the processing agency to make an indigency determination.(iii)The person fails to enroll in the payment plan within the time specified in the notice or is not eligible for the payment plan because the person is not indigent. (iv)(ii)The processing agency provides a process to waive an unpaid parking penalty, including a service fee or late fee, for a vehicle if the registered owner was in custody in a juvenile facility, county jail, or state prison when the penalty was pending.
(v)(iii)The processing agency provides a payment plan option for a person who does not qualify as indigent that does all of the following:
(I)Allows payment of an unpaid parking penalty and related service fees in monthly installments over a period of at least 12 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
(II)Allows for automatic payments.
(III)Limits the processing fee to participate in the payment plan to twenty-five dollars ($25) or less.
(IV)Does not set a deadline following the issuance of a parking ticket for a person to file a request to participate in a payment plan.
(vi)(iv)Sixty days before filing the itemization with the department, the processing agency mails a courtesy warning notice to the registered vehicle owner that contains the information in clause (ii). clauses (v) and (vi).
(v)The processing agency includes all of the following information in the notice of parking violation:
(I)The availability of the payment plans described in clauses (i) and (iii).
(II)An internet website link and telephone number that provide more information about the payment plans.
(vi)The processing agency, at a clear and easily accessible location on its internet website and in the same manner as it generally provides information and instructions on the payment of a parking citation, including at an in-person payment counter or a telephone recording, includes all of the following information on its internet website:
(I)The availability of payment plans described in clauses (i) and (iii) and a description of those plans that includes the statutory requirements to qualify for each plan.
(II)Clear language about how the person can request an indigency determination and what that determination will entail.
(III)Clear language about how the person can request a waiver of unpaid parking penalties under clause (ii) and what that process will entail.
(IV)A telephone number that provides more information about the payment plans.
(B)The processing agency shall allow an indigent person who falls out of compliance with the payment plan at least four extensions of 45 calendar days from the date the payment plan becomes delinquent to resume payments before the processing agency may file an itemization of unpaid parking penalties and related service fees with the department pursuant to subparagraph (A). The processing agency shall allow a nonindigent person who falls out of compliance with the payment plan a one-time extension of 45 calendar days from the date the payment plan becomes delinquent to resume payments before the processing agency may file an itemization of unpaid parking penalties and related service fees with the department pursuant to subparagraph (A).
(C)The processing agency shall rescind the filing of an itemization of unpaid parking penalties and related service fees with the department if the registered owner or lessee enrolls in a payment plan and pays a late fee of no more than five dollars ($5).
(D)(i)Each California State University and community college district governing board shall adopt a parking citation payment plan for persons with multiple unpaid parking citations. A parking citation payment policy adopted under this subparagraph shall include, but not be limited to, all of the following requirements:
(I)Late fees shall be placed in abeyance while the payment plan is in place and the person adheres to its terms, and shall be waived once the payment plan is completed.
(II)Once the payment plan is in place and the person adheres to its terms, an itemization of unpaid parking penalties and service fees as described in subparagraph (A) shall not be filed with the department.
(III)Each California State University and community college district campus shall post the parking citation payment policy on its internet website for students awareness and access.
(ii)A California State University or community college district governing board that fails to implement a parking citation payment plan pursuant to clause (i) shall implement the payment plan as provided in subparagraphs (A) to (C), inclusive, and subdivision (c).
(2) (A)If more than four hundred dollars ($400) in unpaid penalties and fees have been accrued by a person or registered owner, proof thereof may be filed with the court and shall have the same effect as a civil judgment. Execution may be levied and other measures may be taken for the collection of the judgment as are authorized for the collection of an unpaid civil judgment entered against a defendant in an action on a debtor. The court may assess costs against a judgment debtor to be paid upon satisfaction of the judgment. The processing agency shall send a notice by first-class mail to the person or registered owner indicating that a judgment shall be entered for the unpaid penalties, fees, and costs and that, after 21 calendar days from the date of the mailing of the notice, the judgment shall have the same effect as an entry of judgment against a judgment debtor. The person or registered owner shall also be notified at that time that execution may be levied against their assets, liens may be placed against their property, their wages may be garnished, and other steps may be taken to satisfy the judgment. If a judgment is rendered for the processing agency, the processing agency may contract with a collection agency to collect the amount of the judgment.
(B)Notwithstanding any other law, the processing agency shall pay the established first paper civil filing fee at the time an entry of civil judgment is requested.
(3)If the registration of the vehicle has not been renewed for 60 days beyond the renewal date, and the citation has not been collected by the department pursuant to Section 4760, file proof of unpaid penalties and fees with the court with the same effect as a civil judgment as provided in paragraph (2).
(b)This section does not apply to a registered owner of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle, and the department has notified the processing agency pursuant to Section 4764.
(c)(1)For purposes of paragraph (1) of subdivision (a), a person is indigent if any of the following conditions is met:
(A)The person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code.
(B)The person receives public benefits from a program listed in subdivision (a) of Section 68632 of the Government Code.
(2)The person may demonstrate that the person is indigent by providing either of the following information, as applicable:
(A)Proof of income from a pay stub or another form of proof of earnings, such as a bank statement, that shows that the person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code, subject to review and approval by the processing agency or its designee. The processing agency or its designee shall not unreasonably withhold its approval.
(B)Proof of receipt of benefits under the programs described in subparagraph (B) of paragraph (1), including, but not limited to, an electronic benefits transfer card or another card, subject to review and approval by the processing agency. The processing agency or its designee shall not unreasonably withhold its approval.
(3)If a defendants persons indigent status is found to have been willfully fraudulent, the defendants persons penalties and fees reduction shall be overturned and the full amount of penalties and fees shall be restored.
SEC. 14.Section 40261 of the Vehicle Code is amended to read:40261.(a)Within 10 days from the mailing of a notice of delinquent toll evasion violation, any person or their agent, may request by mail or in person a photostatic copy or an electronically produced facsimile of the original notice of toll evasion violation. The issuing agency may charge a fee sufficient to recover the actual cost of providing the copy, not to exceed two dollars ($2). Within 15 days of the request, the processing agency shall mail or otherwise provide the copy. Until the issuing agency complies with a request for a copy of the original notice of toll evasion violation, the processing agency may not proceed pursuant to Section 40267.
(b)If the description of the vehicle on the notice of toll evasion violation does not match the departments corresponding vehicle registration record, the processing agency may, on written request of the person, cancel the notice of toll evasion violation without the necessity of an appearance by that person.
REVISIONS: HeadingLine 2.(a)Except for vehicles registered pursuant to Article 5 (commencing with Section 9700) of Chapter 6 of Division 3, the department shall notify the registered owner of each vehicle of the date that the registration renewal fees for the vehicle are due, at least 60 days prior to that due date. The department shall indicate the fact that the required notice was mailed by a notation in the departments records.
(b)The department shall include in any final notice of delinquent registration provided to the registered owner of a vehicle whose registration has not been properly renewed as required under this code, information relating to the potential removal and impoundment of that vehicle under subdivision (o) (n) of Section 22651.
(c)Commencing on May 1, 2011, subdivision (a) shall not apply to vehicles with registration expiring on or after July 1, 2011. This subdivision shall become inoperative on January 1, 2012.
SEC. 2.Section 2810.2 of the Vehicle Code is amended to read:2810.2.(a)(1)A peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may stop a vehicle transporting agricultural irrigation supplies that are in plain view to inspect the bills of lading, shipping, or delivery papers, or other evidence to determine whether the driver is in legal possession of the load, if the vehicle is on a rock road or unpaved road that is located in a county that has elected to implement this section and the road is located as follows:
(A)Located under the management of the Department of Parks and Recreation, the Department of Fish and Wildlife, the Department of Forestry and Fire Protection, the State Lands Commission, a regional park district, the United States Forest Service, or the federal Bureau of Land Management.
(B)Located within the respective ownership of a timberland production zone, as defined in Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code, either that is larger than 50,000 acres or for which the owner of more than 2,500 acres has given express written permission for a vehicle to be stopped within that zone pursuant to this section.
(2)Upon reasonable belief that the driver of the vehicle is not in legal possession, the law enforcement officer specified in paragraph (1) shall take custody of the vehicle and load and turn them over to the custody of the sheriff of the county that has elected to implement this section where the agricultural irrigation supplies are apprehended.
(b)The sheriff shall receive and provide for the care and safekeeping of the apprehended agricultural irrigation supplies that were in plain view within the boundaries of public lands under the management of the entities listed in subparagraph (A) of paragraph (1) of subdivision (a) or on a timberland production zone as specified in subparagraph (B) of paragraph (1) of subdivision (a), and immediately, in cooperation with the department, proceed with an investigation and its legal disposition.
(c)An expense incurred by the sheriff in the performance of his or her their duties under this section shall be a legal charge against the county.
(d)Except as provided in subdivision (e), a peace officer shall not cause the impoundment of a vehicle at a traffic stop made pursuant to subdivision (a) if the drivers only offense is a violation of Section 12500.
(e)During the conduct of pulling a driver over in accordance with subdivision (a), if the peace officer encounters a driver who is in violation of Section 12500, the peace officer shall make a reasonable attempt to identify the registered owner of the vehicle. If the registered owner is present, or the peace officer is able to identify the registered owner and obtain the registered owners authorization to release the motor vehicle to a licensed driver during the vehicle stop, the vehicle shall be released to either the registered owner of the vehicle if he or she is they are a licensed driver or to the licensed driver authorized by the registered owner of the vehicle. If a notice to appear is issued, the name and the drivers license number of the licensed driver to whom the vehicle was released pursuant to this subdivision shall be listed on the officers copy of the notice to appear issued to the unlicensed driver. If a vehicle cannot be released, the vehicle shall be removed pursuant to subdivision (p) (o) of Section 22651, whether a notice to appear has been issued or not.
(f)For purposes of this section, agricultural irrigation supplies include agricultural irrigation water bladder and one-half inch diameter or greater irrigation line.
(g)This section shall be implemented only in a county where the board of supervisors adopts a resolution authorizing the enforcement of this section.
SEC. 3.Section 2814.2 of the Vehicle Code is amended to read:2814.2.(a)A driver of a motor vehicle shall stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop.
(b)Notwithstanding Section 14602.6 or 14607.6, a peace officer or any other authorized person shall not cause the impoundment of a vehicle at a sobriety checkpoint if the drivers only offense is a violation of Section 12500.
(c)During the conduct of a sobriety checkpoint, if the law enforcement officer encounters a driver who is in violation of Section 12500, the law enforcement officer shall make a reasonable attempt to identify the registered owner of the vehicle. If the registered owner is present, or the officer is able to identify the registered owner and obtain the registered owners authorization to release the motor vehicle to a licensed driver by the end of the checkpoint, the vehicle shall be released to either the registered owner of the vehicle if he or she is they are a licensed driver or to the licensed driver authorized by the registered owner of the vehicle. If a notice to appear is issued, the name and drivers license number of the licensed driver to whom the vehicle was released pursuant to this subdivision shall be listed on the officers copy of the notice to appear issued to the unlicensed driver. When a vehicle cannot be released, the vehicle shall be removed pursuant to subdivision (p) (o) of Section 22651, whether a notice to appear has been issued or not.
SEC. 4.Section 4000 of the Vehicle Code is amended to read:4000.(a)(1)A person shall not drive, move, or leave standing upon a highway, or in an offstreet public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid under this code or registered under the permanent trailer identification program, except that an off-highway motor vehicle which displays an identification plate or device issued by the department pursuant to Section 38010 may be driven, moved, or left standing in an offstreet public parking facility without being registered or paying registration fees.
(2)For purposes of this subdivision, offstreet public parking facility means either of the following:
(A)Any publicly owned parking facility.
(B)Any privately owned parking facility for which no fee for the privilege to park is charged and which is held open for the common public use of retail customers.
(3)This subdivision does not apply to any motor vehicle stored in a privately owned offstreet parking facility by, or with the express permission of, the owner of the privately owned offstreet parking facility.
(4)Beginning July 1, 2011, the enforcement of paragraph (1) shall commence on the first day of the second month following the month of expiration of the vehicles registration. This paragraph shall become inoperative on January 1, 2012.
(b)No person shall drive, move, or leave standing upon a highway any motor vehicle, as defined in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code, that has been registered in violation of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code.
(c)Subdivisions (a) and (b) do not apply to off-highway motor vehicles operated pursuant to Sections 38025 and 38026.5.
(d)This section does not apply, following payment of fees due for registration, during the time that registration and transfer is being withheld by the department pending the investigation of any use tax due under the Revenue and Taxation Code.
(e)Subdivision (a) does not apply to a vehicle that is towed by a tow truck on the order of a sheriff, marshal, or other official acting pursuant to a court order or on the order of a peace officer acting pursuant to this code.
(f)Subdivision (a) applies to a vehicle that is towed from a highway or offstreet parking facility under the direction of a highway service organization when that organization is providing emergency roadside assistance to that vehicle. However, the operator of a tow truck providing that assistance to that vehicle is not responsible for the violation of subdivision (a) with respect to that vehicle. The owner of an unregistered vehicle that is disabled and located on private property, shall obtain a permit from the department pursuant to Section 4003 prior to having the vehicle towed on the highway.
(g)(1)Pursuant to Section 4022 and to subparagraph (B) of paragraph (3) of subdivision (o) (n) of Section 22651, a vehicle obtained by a licensed repossessor as a release of collateral is exempt from registration pursuant to this section for purposes of the repossessor removing the vehicle to his or her their storage facility or the facility of the legal owner. A law enforcement agency, impounding authority, tow yard, storage facility, or any other person in possession of the collateral shall release the vehicle without requiring current registration and pursuant to subdivision (f) of Section 14602.6.
(2)The legal owner of collateral shall, by operation of law and without requiring further action, indemnify and hold harmless a law enforcement agency, city, county, city and county, the state, a tow yard, storage facility, or an impounding yard from a claim arising out of the release of the collateral to a licensee, and from any damage to the collateral after its release, including reasonable attorneys fees and costs associated with defending a claim, if the collateral was released in compliance with this subdivision.
(h)For purposes of this section, possession of a California drivers license by the registered owner of a vehicle shall give rise to a rebuttable presumption that the owner is a resident of California.
SEC. 5.Section 4760 of the Vehicle Code is amended to read:4760.(a)(1)Except as provided in subdivision (b) or (d), the department shall refuse to renew the registration of a vehicle if the registered owner or lessee has been mailed a notice of delinquent parking violation relating to standing or parking, the processing agency has filed or electronically transmitted to the department an itemization of unpaid parking penalties, including administrative fees pursuant to Section 40220, and the owner or lessee has not paid the parking penalty and administrative fee pursuant to Section 40211, 40211 for eight or more parking violations, unless he or she pays they pay to the department, at the time of application for renewal, the full amount of all outstanding parking penalties and administrative fees, as shown by records of the department, or the itemization of unpaid parking penalties has been rescinded pursuant to Section 40220.
(2)When the department receives the full amount of all outstanding parking penalties and administrative fees pursuant to paragraph (1), it shall issue a receipt showing each parking penalty and administrative fee that has been paid, the processing agency for that penalty and fee, and a description of the vehicle involved in the parking violations. The receipt shall also state that, to reduce the possibility of further collection actions or impoundment under Section 22651 or immobilization under Section 22651.7 of the vehicle involved in the parking violation, the registered owner or lessee may transmit to that processing agency a copy or other evidence of the receipt.
(b)The department shall not refuse to renew the registration of a vehicle owned by a renter or lessor if the applicant provides the department with the abstract or notice of disposition of parking violation issued pursuant to subdivision (c) for clearing all outstanding parking penalties and administrative fees as shown by the records of the department.
(c)The court or designated processing agency shall issue an abstract or notice of disposition of parking violation to the renter or lessor of a vehicle issued a notice of delinquent parking violation relating to standing or parking if the renter or lessor provides the court or processing agency with the name, address, and drivers license number of the rentee or lessee at the time of occurrence of the parking violation.
(d)The department shall not refuse to renew the registration of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle.
(e)The department shall allow a registered owner or lessee to file a certification that the vehicle will not be operated, moved, or left standing upon a highway pursuant to Section 4604, if the registered owner or lessee currently owes parking penalties and administrative fees for that vehicle, regardless of whether or not that registered owner or lessee is currently on an active payment plan pursuant to Section 40220.
SEC. 6.Section 14602 of the Vehicle Code is amended to read:14602.In accordance with subdivision (p) (o) of Section 22651, a vehicle removed pursuant to subdivision (c) of Section 2814.2 shall be released to the registered owner or his or her their agent at any time the facility to which the vehicle has been removed is open upon presentation of the registered owners or his or her their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration.
SEC. 7.Section 22651 of the Vehicle Code is amended to read:22651.A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(a)If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.
(b)If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.
(c)If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.
(d)If a vehicle is illegally parked so as to block the entrance to a private driveway and it is impractical to move the vehicle from in front of the driveway to another point on the highway.
(e)If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.
(f)If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade and the driver, if present, cannot move the vehicle under its own power.
(g)If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.
(h)(1)If an officer arrests a person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody.
(2)If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.
(i)(1)If a vehicle, other than a rented vehicle, is found upon a highway or public land, or is removed pursuant to this code, and it is known that the vehicle has been issued five or more notices of parking violations to which the owner or person in control of the vehicle has not responded within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation to the agency responsible for processing notices of parking violations, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which a certificate has not been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following:(A)Evidence of his or her identity.(B)An address within this state where he or she can be located.(C)Satisfactory evidence that all parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle, and all traffic violations of the registered owner, have been cleared.(2)The requirements in subparagraph (C) of paragraph (1) shall be fully enforced by the impounding law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records.(3)A notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail has been deposited, that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county where the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. Evidence of current registration shall be produced after a vehicle has been impounded, or, at the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.(4)A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following:(A)Pays the cost of towing and storing the vehicle.(B)Submits evidence of payment of fees as provided in Section 9561.(C)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. The legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, on receipt of that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.(5)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled pursuant to paragraph (4) has a deficiency claim against the registered owner for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle. (j)(i)If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of his or her their identity and an address within this state where he or she they can be located.
(k)(j)If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.
(l)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.(k)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(m)(l)If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(n)(m)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (v) and (w), (u) and (v), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(o)(n)(1)If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:
(A)With a registration expiration date in excess of six months one year before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle, or is not otherwise lawfully used on that vehicle under this code.
(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.
(D)(i)The vehicle is operating using autonomous technology, without the registered owner or manufacturer of the vehicle having first applied for, and obtained, a valid permit that is required to operate the vehicle on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)The vehicle is operating using autonomous technology after the registered owner or person in control of the vehicle received notice that the vehicles permit required for the operation of the vehicle pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations is suspended, terminated, or revoked.
(iii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.
(iv)This subparagraph does not provide the authority for a peace officer to stop an autonomous vehicle solely for the purpose of determining whether the vehicle is operating using autonomous technology without a valid permit required to operate the autonomous vehicle on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(2)If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3)For the purposes of this subdivision, the vehicle shall be released under any of the following circumstances:
(A)If the vehicle has been removed pursuant to subparagraph (A), (B), or (C) of paragraph (1), to the registered owner of, or person in control of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license to operate the vehicle.
(B)If the vehicle has been removed pursuant to subparagraph (D) of paragraph (1), to the registered owner of, or person in control of, the autonomous vehicle, after the registered owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, if required to operate the autonomous vehicle, and either of the following:
(i)Proof of a valid permit required to operate the autonomous vehicle using autonomous technology on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)A declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit to operate the vehicle pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:
(i)Pays the cost of towing and storing the vehicle.
(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking, and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.
(p)(o)If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or his or her their agent, except upon presentation of the registered owners or his or her their agents currently valid drivers license to operate the vehicle and proof of current vehicle registration, to the impounding law enforcement agency, or upon order of a court.
(q)(p)If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense, pursuant to a resolution or ordinance adopted by the local authority.
(r)(q)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(s)(r)(1)If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.
(2)Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.
(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.
(t)(s)If a peace officer issues a notice to appear for a violation of Section 25279.
(u)(t)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(v)(u)(1)If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (m) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (m) of Section 21100, may provide notice by issuing a warning citation advising the registered owner of the vehicle that he or she they may be subject to penalties upon a subsequent violation of the ordinance, that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(w)(v)(1)If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (p) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (p) of Section 21100, may provide notice by issuing a warning citation advising the registered owner of the vehicle that he or she they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
SEC. 8.Section 22651.3 of the Vehicle Code is repealed.22651.3.(a)Any peace officer, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any 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 any vehicle, other than a rented vehicle, is located may remove the vehicle from an offstreet public parking facility located within the territorial limits in which the officer or employee may act when the vehicle is known to have been issued five or more notices of parking violation over a period of five or more days, to which the owner or person in control of the vehicle has not responded or when any vehicle is illegally parked so as to prevent the movement of a legally parked vehicle.A notice of parking violation issued to a vehicle which is registered in a foreign jurisdiction or is without current California registration and is known to have been issued five or more notices of parking violation over a period of five or more days shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle.(b)The vehicle may be impounded until the owner or person in control of the vehicle furnishes to the impounding law enforcement agency evidence of his or her identity and an address within this state at which he or she can be located and furnishes satisfactory evidence that bail has been deposited for all notices of parking violation issued for the vehicle. In lieu of requiring satisfactory evidence that the bail has been deposited, the impounding law enforcement agency may, in its discretion, issue a notice to appear for the offenses charged, as provided in Article 2 (commencing with Section 40500) of Chapter 2 of Division 17. In lieu of either furnishing satisfactory evidence that the bail has been deposited or accepting the notice to appear, the owner or person in control of the vehicle may demand to be taken without unnecessary delay before a magistrate within the county in which the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded.(c)Evidence of current registration shall be produced after a vehicle has been impounded. At the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 may be issued to the owner or person in control of the vehicle, if the two days immediately following the day of impoundment are weekend days or holidays.SEC. 9.Section 22651.7 of the Vehicle Code is repealed.22651.7.(a)In addition to, or as an alternative to, removal, a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations, of a jurisdiction in which a vehicle is located may immobilize the vehicle with a device designed and manufactured for the immobilization of vehicles, on a highway or any public lands located within the territorial limits in which the officer or employee may act if the vehicle is found upon a highway or public lands and it is known to have been issued five or more notices of parking violations that are delinquent because the owner or person in control of the vehicle has not responded to the agency responsible for processing notices of parking violation within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which no certificate has been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17. The vehicle may be immobilized until that person furnishes to the immobilizing law enforcement agency all of the following:(1)Evidence of his or her identity.(2)An address within this state at which he or she can be located.(3)Satisfactory evidence that the full amount of parking penalties has been deposited for all notices of parking violation issued for the vehicle and any other vehicle registered to the registered owner of the immobilized vehicle and that bail has been deposited for all traffic violations of the registered owner that have not been cleared. The requirements in this paragraph shall be fully enforced by the immobilizing law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records. A notice of parking violation issued to the vehicle shall be accompanied by a warning that repeated violations may result in the impounding or immobilization of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail, or both, have been deposited that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county in which the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is immobilized. Evidence of current registration shall be produced after a vehicle has been immobilized or, at the discretion of the immobilizing law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.(b)A person, other than a person authorized under subdivision (a), shall not immobilize a vehicle.SEC. 10.Section 22651.8 of the Vehicle Code is repealed.22651.8.For purposes of paragraph (1) of subdivision (i) of Section 22651 and Section 22651.7, satisfactory evidence includes, but is not limited to, a copy of a receipt issued by the department pursuant to subdivision (a) of Section 4760 for the payment of notices of parking violations appearing on the departments records at the time of payment. The processing agency shall, within 72 hours of receiving that satisfactory evidence, update its records to reflect the payments made to the department. If the processing agency does not receive the amount of the parking penalties and administrative fees from the department within four months of the date of issuance of that satisfactory evidence, the processing agency may revise its records to reflect that no payments were received for the notices of parking violation.SEC. 11.Section 22851.1 of the Vehicle Code is repealed.22851.1.(a)If the vehicle is impounded pursuant to subdivision (i) of Section 22651 and not released as provided in that subdivision, the vehicle may be sold pursuant to this chapter to satisfy the liens specified in Section 22851 and in subdivision (b) of this section.(b)A local authority impounding a vehicle pursuant to subdivision (i) of Section 22651 shall have a lien dependent upon possession by the keeper of the garage for satisfaction of bail for all outstanding notices of parking violation issued by the local authority for the vehicle, when the conditions specified in subdivision (c) have been met. This lien shall be subordinate in priority to the lien established by Section 22851, and the proceeds of any sale shall be applied accordingly. Consistent with this order of priority, the term lien, as used in this article and in Chapter 6.5 (commencing with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code, includes a lien imposed by this subdivision. In any action brought to perfect the lien, where required by subdivision (d) of Section 22851.8 of this code, or by subdivision (d) of Section 3071 or subdivision (d) of Section 3072 of the Civil Code, it shall be a defense to the recovery of bail that the owner of the vehicle at the time of impoundment was not the owner of the vehicle at the time of the parking offense.(c)A lien shall exist for bail with respect to parking violations for which no person has answered the charge in the notice of parking violation given, or filed an affidavit of nonownership pursuant to and within the time specified in subdivision (b) of Section 41103.SEC. 12.Section 40206.5 of the Vehicle Code is amended to read:40206.5.(a)Within 15 days of a request, by mail or in person, the processing agency shall mail or otherwise provide to any person who has received a notice of delinquent parking violation, or his or her their agent, a photostatic copy of the original notice of parking violation or an electronically produced facsimile of the original notice of parking violation. The issuing agency may charge a fee sufficient to recover the actual cost of providing the copy, not to exceed two dollars ($2). Until the issuing agency complies with a request for a copy of the original notice of parking violation, the processing agency may not proceed pursuant to subdivision (i) of Section 22651, Section 22651.7, or Section 40220.
(b)If the description of the vehicle on the notice of parking violation does not substantially match the corresponding information on the registration card for that vehicle and the processing agency is satisfied that the vehicle has not been incorrectly described due to the intentional switching of license plates, the processing agency shall, on written request of the person cancel the notice of parking violation without the necessity of an appearance by that person.
(c)For purposes of this section, a copy of the notice of parking violation may be a photostatic copy or an electronically produced facsimile.
SEC. 13.Section 40220 of the Vehicle Code is amended to read:40220.(a)Except as otherwise provided in Sections 40220.5, 40221, and 40222, the processing agency may proceed under one of the following options in order to collect an unpaid parking penalty and related service fees:
(1)(A)File an itemization of unpaid parking penalties and related service fees with the department for collection with the registration of the vehicle pursuant to Section 4760. For unpaid parking penalties issued on and after July 1, 2018, and related service fees, the processing agency shall not file an itemization with the department unless all of the following conditions have been satisfied:
(i)The processing agency provides a payment plan option for indigent persons that, at a minimum, does all of the following:
(I)Allows payment of unpaid parking penalties and related service fees in monthly installments of no more than twenty-five dollars ($25) for total amounts due that are five hundred dollars ($500) or less. The amount of late fees and penalty assessments waived pursuant to subclause (II) shall not be counted in calculating that total amount of five hundred dollars ($500) or less. Unpaid parking penalties and fees shall be and reduces the total amount due so that it may be paid off within 24 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
(II)Waives all late fees and penalty assessments, exclusive of any state surcharges described in Sections 70372, 76000, and 76000.3 of the Government Code, if an indigent person enrolls in the payment plan. Waived late fees and penalty assessments may be reinstated if the person falls out of compliance with the payment plan.
(III)Limits the processing fee to participate in a payment plan to five dollars ($5) or less for indigent persons. The processing fee for an indigent person may be added to the payment plan amount, at the discretion of the indigent person. If a processing agency offers a payment plan option to persons who are not indigent, limits the processing fee to participate in the payment plan to twenty-five dollars ($25) or less.
(IV)Allows a person a period of 120 calendar days from the issuance of a notice of parking violation or 10 days after the administrative hearing determination, whichever is later, to file a request to participate in a payment plan.(IV)Does not set a deadline following the issuance of a parking ticket for a person to file a request to participate in a payment plan.
(V)Allows for automatic payments.
(ii)The processing agency includes the information described in subclauses (I) and (II) in the notice of parking violation, and includes both in the notice of parking violation and on its public internet website, a web page an internet website link and telephone number to more information on the payment program. Each processing agency shall ensure that the linked internet web page is readily accessible in a prominent location on the parking citation payment section of the agencys internet website and includes all of the following information: The processing agency shall, at a readily accessible and prominent location, include all of the following on its website:
(I)The availability of an installment payment plan and the timeframe in which to apply. right to request enrollment in the plan at any time.
(II)The persons right to request an indigency determination and the timeframe in which the person must apply. at any time.
(III)Clear language about how the person can request an indigency determination and what that determination will entail.
(IV)Documents needed by the processing agency to make an indigency determination.
(iii)The person fails to enroll in the payment plan within the time specified in the notice or is not eligible for the payment plan because the person is not indigent.
(iv)The processing agency provides a process to waive an unpaid parking penalty, including a service fee or late fee, for a vehicle if the registered owner was in custody in a juvenile facility, county jail, or state prison when the penalty was pending.
(v)The processing agency provides a payment plan option for a person who does not qualify as indigent that does all of the following:
(I)Allows payment of an unpaid parking penalty and related service fees in monthly installments over a period of at least 12 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
(II)Allows for automatic payments.
(III)Limits the processing fee to participate in the payment plan to twenty-five dollars ($25) or less.
(IV)Does not set a deadline following the issuance of a parking ticket for a person to file a request to participate in a payment plan.
(vi)Sixty days before filing the itemization with the department, the processing agency mails a courtesy warning notice to the registered vehicle owner that contains the information in clause (ii).
(B)The processing agency shall allow a an indigent person who falls out of compliance with the payment plan a one-time extension at least four extensions of 45 calendar days from the date the payment plan becomes delinquent to resume payments before the processing agency files may file an itemization of unpaid parking penalties and related service fees with the department pursuant to subparagraph (A). The processing agency shall allow a nonindigent person who falls out of compliance with the payment plan a one-time extension of 45 calendar days from the date the payment plan becomes delinquent to resume payments before the processing agency may file an itemization of unpaid parking penalties and related service fees with the department pursuant to subparagraph (A).
(C)The processing agency shall rescind the filing of an itemization of unpaid parking penalties and related service fees with the department for an indigent person, for one time only, if the registered owner or lessee enrolls in a payment plan and pays a late fee of no more than five dollars ($5).
(D)(i)Each California State University and community college district governing board shall adopt a parking citation payment plan for persons with multiple unpaid parking citations. A parking citation payment policy adopted under this subparagraph shall include, but not be limited to, all of the following requirements:
(I)Late fees shall be placed in abeyance while the payment plan is in place and the person adheres to its terms, and shall be waived once the payment plan is completed.
(II)Once the payment plan is in place and the person adheres to its terms, an itemization of unpaid parking penalties and service fees as described in subparagraph (A) shall not be filed with the department.
(III)Each California State University and community college district campus shall post the parking citation payment policy on its internet website for students awareness and access.
(ii)A California State University or community college district governing board that fails to implement a parking citation payment plan pursuant to clause (i) shall implement the payment plan as provided in subparagraphs (A) to (C), inclusive, and subdivision (c).
(2) (A)If more than four hundred dollars ($400) in unpaid penalties and fees have been accrued by a person or registered owner, proof thereof may be filed with the court and shall have the same effect as a civil judgment. Execution may be levied and other measures may be taken for the collection of the judgment as are authorized for the collection of an unpaid civil judgment entered against a defendant in an action on a debtor. The court may assess costs against a judgment debtor to be paid upon satisfaction of the judgment. The processing agency shall send a notice by first-class mail to the person or registered owner indicating that a judgment shall be entered for the unpaid penalties, fees, and costs and that, after 21 calendar days from the date of the mailing of the notice, the judgment shall have the same effect as an entry of judgment against a judgment debtor. The person or registered owner shall also be notified at that time that execution may be levied against their assets, liens may be placed against their property, their wages may be garnished, and other steps may be taken to satisfy the judgment. If a judgment is rendered for the processing agency, the processing agency may contract with a collection agency to collect the amount of the judgment.
(B)Notwithstanding any other law, the processing agency shall pay the established first paper civil filing fee at the time an entry of civil judgment is requested.
(3)If the registration of the vehicle has not been renewed for 60 days beyond the renewal date, and the citation has not been collected by the department pursuant to Section 4760, file proof of unpaid penalties and fees with the court with the same effect as a civil judgment as provided in paragraph (2).
(b)This section does not apply to a registered owner of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle, and the department has notified the processing agency pursuant to Section 4764.
(c)(1)For purposes of paragraph (1) of subdivision (a), a person is indigent if any of the following conditions is met:
(A)The person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code.
(B)The person receives public benefits from a program listed in subdivision (a) of Section 68632 of the Government Code.
(2)The person may demonstrate that the person is indigent by providing either of the following information, as applicable:
(A)Proof of income from a pay stub or another form of proof of earnings, such as a bank statement, that shows that the person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code, subject to review and approval by the processing agency or its designee. The processing agency or its designee shall not unreasonably withhold its approval.
(B)Proof of receipt of benefits under the programs described in subparagraph (B) of paragraph (1), including, but not limited to, an electronic benefits transfer card or another card, subject to review and approval by the processing agency. The processing agency or its designee shall not unreasonably withhold its approval.
(3)If a defendants indigent status is found to have been willfully fraudulent, the defendants penalties and fees reduction shall be overturned and the full amount of penalties and fees shall be restored.
SEC. 14.Section 40261 of the Vehicle Code is amended to read:40261.(a)Within 10 days from the mailing of a notice of delinquent toll evasion violation, any person or his or her their agent, may request by mail or in person a photostatic copy or an electronically produced facsimile of the original notice of toll evasion violation. The issuing agency may charge a fee sufficient to recover the actual cost of providing the copy, not to exceed two dollars ($2). Within 15 days of the request, the processing agency shall mail or otherwise provide the copy. Until the issuing agency complies with a request for a copy of the original notice of toll evasion violation, the processing agency may not proceed pursuant to subdivision (i) of Section 22651, or Section 22651.7 or Section 40267.
(b)If the description of the vehicle on the notice of toll evasion violation does not match the departments corresponding vehicle registration record, the processing agency may, on written request of the person, cancel the notice of toll evasion violation without the necessity of an appearance by that person.
|
Date
|
Status
|
|---|---|
| Aug 31, 2024 | Ordered to inactive file at the request of Senator Gonzalez. |
| Aug 26, 2024 | Read second time. Ordered to third reading. |
| Aug 23, 2024 | Read third time and amended. Ordered to second reading. |
| Aug 19, 2024 | Read second time. Ordered to third reading. |
| Aug 15, 2024 | Read second time and amended. Ordered returned to second reading. |
| Aug 15, 2024 | From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 15). |
| Sep 1, 2023 | In committee: Held under submission. |
| Aug 28, 2023 | In committee: Referred to APPR suspense file. |
| Aug 21, 2023 | In committee: Hearing postponed by committee. |
| Aug 14, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jul 12, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 1.) (July 11). Re-referred to Com. on APPR. |
| Jun 29, 2023 | Read second time and amended. Re-referred to Com. on PUB S. |
| Jun 28, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on PUB S. (Ayes 10. Noes 3.) (June 27). |
| Jun 21, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on TRANS. |
| Jun 14, 2023 | Referred to Coms. on TRANS. and PUB S. |
| Jun 1, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 31, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 14. Page 2020.) |
| May 22, 2023 | Read second time. Ordered to third reading. |
| May 19, 2023 | Read second time and amended. Ordered returned to second reading. |
| May 19, 2023 | From committee: Amend, and do pass as amended. (Ayes 11. Noes 4.) (May 18). |
| May 18, 2023 | Joint Rule 62(a), file notice suspended. (Page 1580.) |
| May 17, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 3, 2023 | In committee: Hearing postponed by committee. |
| Apr 26, 2023 | In committee: Hearing postponed by committee. |
| Mar 28, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 2.) (March 27). Re-referred to Com. on APPR. |
| Mar 28, 2023 | Coauthors revised. |
| Mar 22, 2023 | Re-referred to Com. on TRANS. |
| Mar 21, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Mar 2, 2023 | Referred to Com. on TRANS. |
| Feb 16, 2023 | From printer. May be heard in committee March 18. |
| Feb 15, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 15, 2024 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 28, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 11, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| Jun 27, 2023 | Do pass as amended, but first amend, and re-refer to the Committee on [Public Safety] | Senate Standing Committee on Transportation |
Passed |
|
| May 31, 2023 | AB 1082 Kalra Assembly Third Reading | Assembly Floor |
Passed |
|
| May 18, 2023 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 27, 2023 | Do pass and be re-referred to the Committee on [Appropriations] | 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
|
|---|---|---|
| Aclu California Action | ** Support | |
| All Home | ** Support | |
| Alliance for Boys and Men of Color | ** Support | |
| Asian Americans Advancing Justice Southern California | ** Support | |
| Bay Area Legal Aid | ** Support | |
| California Association Of Highway Patrolmen | ** Against | |
| California Downtown Association | ** Against | |
| California for Citizen Justice | * Support | Jul 11, 2023 |
| California for Safety and Justice | ** Support | |
| California Mobility and Parking Association | ** Against | |
| California Partnership To End Domestic Violence | ** Support | |
| California Police Chiefs Association | ** Against | |
| California Public Defenders Association | * Support | Jul 11, 2023 |
| California State Sheriffs' Association | ** Against | |
| Center for Responsible Lending | ** Support | |
| City Of Anaheim | ** Against | |
| City of Chino Hills | ** Against | |
| City of Newport Beach | ** Against | |
| City of Oceanside | ** Against | |
| City of Pasadena | ** Against | |
| City of Santa Monica | ** Against | |
| Communities United for Restorative Youth Justice | ** Support | |
| Community Legal Services in East Palo Alto | ** Support | |
| Courage California | ** Support | |
| East Bay Community Law Center | ** Support | |
| Ella Barker Center | * Support | Jul 11, 2023 |
| End Poverty in California | ** Support | |
| Equal Rights Advocates | ** Support | |
| Family Violence Appellate Project | ** Support | |
| Freefrom | ** Support | |
| Friends Committee On Legislation Of California | ** Support | |
| Futures Without Violence | ** Support | |
| Housing and Economic Rights Advocates | ** Support | |
| Housing California | ** Support | |
| Indivisible Ca Statestrong | ** Support | |
| Lawyers Committee For Civil Rights Of The San Francisco Bay Area | * Support | Jun 27, 2023 |
| Lawyers' Committee for Civil Rights of the San Francisco Bay Area | ** Support | |
| League Of California Cities | * Against | Jun 27, 2023 |
| Legal Aid Foundation of Los Angeles | ** Support | |
| Legal Aid of Marin | ** Support | |
| National Lawyers Guild San Francisco Bay Area Chapter | ** Support | |
| Neighborhood Legal Services of Los Angeles County | ** Support | |
| Peace Officers Research Association Of California | ** Against | |
| Public Counsel | ** Support | |
| Sister Warriors Freedom Coalition | ** Support | |
| Smart Justice California | ** Support | |
| TechEquity Collaborative | ** Support | |
| Trattenprice Consulting | * Support | Jun 27, 2023 |
| Voices for Progress | * Support | Mar 27, 2023 |
| Voices For Progress Education Fund | ** Support | |
| Western Center on Law & Poverty, INC. | ** Support | |
| Women'S Foundation California | ** Support | |
| Young Women's Freedom Center | * Support | Jul 11, 2023 |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1082 |
THIRD READING
Bill No: AB 1082
Author: Kalra (D), et al.
Amended: 8/23/24 in Senate
Vote: 21
SENATE TRANSPORTATION COMMITTEE: 10-3, 6/27/23
AYES: Gonzalez, Allen, Archuleta, Becker, Blakespear, Cortese, Dodd, Limón, McGuire, Wahab
NOES: Niello, Nguyen, Seyarto
NO VOTE RECORDED: Dahle, Newman, Umberg
SENATE PUBLIC SAFETY COMMITTEE: 3-1, 7/11/23
AYES: Bradford, Skinner, Wiener
NOES: Ochoa Bogh
NO VOTE RECORDED: Wahab
ASSEMBLY FLOOR: 47-14, 5/31/23 - See last page for vote
SUBJECT: Authority to remove vehicles
SOURCE: End Poverty in California
FreeFrom, Lawyers' Committee for Civil Rights
Western Center on Law and Poverty
DIGEST:
This bill removes the authority of a peace officer or public employee to tow or immobilize a vehicle for having five or more unpaid parking or traffic tickets to only apply to higher education institutions. This bill also reforms requirements on processing agencies to offer payment plans for parking tickets in order to use the Department of Motor Vehicles for collection purposes. This bill authorizes issuing agencies for parking violations to reduce or waive parking penalties if they determine the violator is unable to pay the entire amount.
Senate Floor Amendments of 8/23/2024 make technical clarifying changes and address chaptering conflicts with AB 1978.
ANALYSIS:
Existing law:
- Authorizes a peace officer or other traffic enforcer of a local jurisdiction to remove or immobilize a vehicle if it has five or more unpaid parking or traffic tickets. (Vehicle Coded Section (VEH) §22651 and §22651.7)
- Authorizes law enforcement officers to remove a vehicle if they are unable to release the vehicle to the registered owner or a driver authorized by that owner after a traffic stop or a sobriety checkpoint. (VEH §2810.2 and §2814.2)
- Authorizes a peace officer or other traffic enforcer of a local jurisdiction to remove a vehicle in many circumstances, including if a vehicle is parked on the highway so as to obstruct traffic or creates a hazard. (VEH §22651)
- Authorizes the impounding of vehicles for unpaid traffic or parking tickets until the owner provides proof of payment of the tickets and authorizes the lien sale of impounded vehicles should payments not be made in a specified time. (VEH §22651)
- Authorizes the Department of Motor Vehicles (DMV) to refuse to renew the registration of a vehicle if the owner or lessee has not paid parking penalties and administrative fees (VEH §47600)
- Provides several options to processing agencies collecting unpaid parking tickets, including filing an itemization of unpaid parking penalties and service fees with the DMV for collection with registration, so long as the agency provides options to indigent persons including a payment plan with $25 monthly installments, waiving late fees and penalty assessments, and limiting processing fees (VEH §40220)
- Defines “indigent” for the purposes of this payment program to mean anyone who meets the income requirements for, or is currently on, Supplemental Security Income, Supplemental nutrition Assistance Program, Medi-Cal, or In Home Support Services.
- Requires processing agencies to rescind a filing of itemization of penalties and fees for an indigent person for one time only, if they enroll in a payment plan and pay a late fee of no more than $5.
- Requires processing agencies to allow a registered owner or lessee who falls out of compliance with a payment plan a one-time extension of 45 days from the date the plan becomes delinquent to resume payments before filing an itemization of unpaid penalties and service fees with the DMV.
- Authorizes an issuing agency or officer to cancel the notice of parking violation within 21 days after the notice is attached to the vehicle, if they determine doing so would be in the interest of justice.
- Allows parking penalties to be paid in installments in an issuing agency determines that the violator is unable to pay the entire amount in one payment. (VEH §40203.5)
- Authorizes issuing agencies to, consistent with their written guidelines, allow the payment of parking penalties in installments if the violator provides evidence satisfactory to the agency of an inability to pay the parking penalty in full. (VEH §40204)
This bill:
- Defines, for the purposes of this legislation, “low-income” to mean a person who has a monthly income 300 percent or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services.
- Removes the authority a peace officer or other traffic enforcer to remove or immobilize vehicles due to having five or more parking or traffic violations.
- Removes related authorizations regarding notice requirements and lien sales related to vehicles impounded for unpaid parking. Allows all local authorities to conduct lien sales of vehicles by impounded prior to January 1, 2025.
- Modifies the requirements for processing agencies to be able to use the DMV for collection purposes requiring the agencies to:
- Eliminate the current $500 cap on the total amount of unpaid penalties the agency must offer installment payment plans to low-income persons;
- Provide a process to waive an unpaid parking penalty or related fee for a vehicle if the registered owner is low-income and was in custody when the penalty was pending;
- Offer a payment plan option for non-low-income persons that allows payment of an unpaid parking penalty and related fees in monthly installments over at least 12 months;
- Allow for automatic payments in the payment plans;
- Set no deadline following issuance of a parking ticket to request to participate in the payment plan.
- Mail courtesy warnings sixty days prior to filing itemization with the DMV for collection. This warning shall include information about the availability of payment plans and a website link and telephone number that provides more information about the plans;
- Provide on its website information on the availability and eligibility requirements of payment plans, how to request an indigency determination, and how to request a waiver of unpaid parking penalties;
- Requires processing agencies to allow a low-income person who falls out of compliance with a payment plan at least four extensions of 45 days to resume payments before filing an itemization of unpaid penalties with the DMV.
- Requires processing agencies to rescind the filing of an itemization of unpaid parking penalties and related fees an unlimited number of times if the registered owner or lessee enrolls in a payment plan and pays a late fee of at most $5.
- Authorizes an issuing agency or officer to cancel the notice of parking violation if they determine doing so would be in the interest of justice, regardless of when after the notice is attached to the vehicle.
- Allows parking penalties to be reduced or waived if the issuing agency determines that the violator is unable to pay the entire amount in one payment.
- Allows issuing agencies to reduce or waive parking penalties if the violator provides evidence satisfactory to the issuing agency of an inability to pay the parking penalty in full.
- Includes provisions to prevent chaptering conflicts with AB 1978.
Comments
- Purpose of bill. According to the author, “California has been a national leader in ending policies that disproportionately punish people experiencing poverty, recognizing that these laws do not make individuals more likely to pay but instead trap them in debt and create barriers to financial stability. Vehicle tows and immobilizations result in snowballing consequences that threaten people’s stability and well-being, as well as undermine our state’s economic equity goals. AB 1082 will help cities actually collect unpaid ticket fees and allow California to continue leading the way in ending poverty tows so that working families can continue to drive to work, pay their rent and bills, and provide for their families.”
- Paying for parking. In dense, urban environments, space is one of the most valuable resources. In order to support a transportation system largely designed for cars, cities have traditionally tried to devote a significant portion of space to parking. Giving the high value of this space, cities need mechanisms to make sure those spaces are being used effectively. Cities will often meter valuable spaces in order to incentivize shorter trips and discourage congestion. Illegal on-street parking can increase travel time and congestion. Cities use parking tickets today to reduce congestion in downtown areas, ensure local residents have a place to park, enable people to park near retail stores for a limited period of time, to prevent individuals from parking in spaces for emergency vehicles, keep open spots for people with disabilities, and ensure that non electric vehicles are not parking in spots meant for electric vehicles to charge.
- Parking enforcement. If a vehicle consistently violates parking laws California law authorizes local enforcers to immobilize, tow, or eventually impound the vehicle. If the vehicle remains unclaimed and no payment plan is entered into local agencies may perform a lien sale to recoup costs of towing and storing. If a vehicle is not removed but has outstanding parking violations an authority may also use the DMV to collect the delinquent penalties at the time of the vehicles next registration. In order to do this the authority must comply with several rules regarding offering payment plan options for the penalties, including options for indigent people that carry no late fees. According to the DMV there are currently 692 parking agencies that may report tickets to DMV for collection with the annual registration renewal. Using a 5-year average, DMV estimates it has received approximately 1.8 million parking tickets annually. Approximately 30-40% of the parking tickets reported to DMV annually are collected by DMV during the registration renewal, as people may instead pay the parking agency directly. The DMV collected approximately $81.7 million in total parking citation bail in FY 2021/22.
Research shows that removal and impoundment of a vehicle is an effective deterrent to illegal behavior. According to the Center for Disease Control, several studies indicate that impounding a vehicle reduces rates of recidivism for driving under the influence. By removing local parking agencies’ ability to tow or immobilize a vehicle, this bill limits local jurisdictions’ ability to effectively manage valuable parking space. In particular, this bill will make it impossible to enforce payment of tickets on out-of-state vehicles.
However, while removal and impoundment may be effective deterrents they often can be costly. Owners are more likely to abandon vehicles with a lower resale value so towing and storage fees can be greater than the city can recoup through a lien sale. According to the Auditor of the City of San Diego, found the city’s towing program cost the city about $1.5 million dollars a year. They also found that 27 percent of all tows resulted in a lien sale, leading to unrecoverable costs.
- Towed into debt: How Towing Practices in California Punish Poor People. A report published in 2019 by 17 legal services, public interest law, and public policy and advocacy groups notes how California’s cities attempts to regulate parking have resulted in disproportionate punishments for low income individuals. Based on an analysis of eight California cities, the report estimated that one fourth of all tows conducted are because the owner had unpaid parking or traffic tickets, lapsed registration, or for being parked in one place for 72 hours. Vehicles towed for these reasons are 2 to 6 times more likely to be sold at a lien sale than the average towed cars. The report noted that 50% of the vehicles towed in San Francisco for unpaid parking tickets and 57% of the vehicles towed for lapsed registration were sold by the tow companies, compared to only 9% of other vehicles that were towed for other reasons.
Recovering a vehicle after it has been towed is expensive. Towed into Debt notes that the average tow fee in California at the time the report was published was $189, with a $53 storage fee per day and a $150 administrative fee. After three days of storage, a towing fee could come out to $499. For low-income individuals, fees accumulating on top of one another can create a cycle of debt where they are unable to pay back parking fines, and then receive additional fines for driving an unregistered vehicle and an increased vehicle registration fee for late payments. If their vehicle is then towed and impounded they likely will not be able to recover their vehicle, which may serve as their home or as an important resource for pursuing a job.
In recognition that these rates have the greatest negative impact on low-income individuals, some localities have considered payment alternatives. For example, the City of San Francisco in 2018 implemented a payment installment plan and certain fee waivers for qualified low-income individuals. The Legislature has also taken action. In 2015, SB 405 (Hertzberg, Chapter 385, Statutes of 2015) eliminated the requirement to pay all penalties and fines for certain traffic violations up front and allowed an individual to schedule a court hearing prior to payment. In 2017, AB 503, Lackey, (Chapter 741, Statutes of 2017) gave indigent persons the opportunity to pay down unpaid parking citations through an installment plan.
- Payment plans with no cap. Currently if an authority wishes to use the DMV to collect delinquent parking fees they must offer a payment plan total penalties up to $500 for indigent persons in monthly installments of no more than $25 over a period of 24 months. This bill would expand the requirement to offer a payment plan to all individuals and expands the income threshold to qualify for low-income payment plans. For low-income people this bill would remove the $500 cap the payment plan must apply to, but retain the requirement of $25 monthly installments over a maximum of 24 months. In effect, this will cap the amount of fees a processing agency can claim from a low-income person at $600 – twenty-four payments of $25.
For any low-income person this is a substantial sum, likely to disincentive receiving so many tickets. However, the cost of parking can be quite expensive in major cities. For example, parking meters in downtown San Francisco generally range from $2-$6 an hour and offer daily maximum rates of $29. If fortunate someone may be able to find a cheaper lot – a quick internet search provides options as around $340 a month, making the cost of paying for parking in the city for two months $680. Under the provisions of this bill, the maximum fees that could be collected for parking tickets from an indigent person would be $600, making it cheaper to accrue tickets than pay for parking.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, “Unknown, potentially significant reduction in state and local parking citation revenues related to the expansion of eligibility for a waiver of all late fees and penalty assessments for low-income persons with monthly income 300% or less of the federal poverty level (rather than 200%) that enter into payment plans. Revenue reductions could be partially mitigated by some revenue gains for partial payments on debt that may not have otherwise been paid. To the extent the bill removes towing and immobilization of a vehicle as a deterrent and collection tool for delinquent tickets, there would be additional state and local revenue losses. (local funds, State University Parking Revenue Fund, other funds administered by state institutions of higher education)”
SUPPORT: (Verified 8/16/24)
ACLU California Action
All Home
Alliance for Boys and Men of Color
Asian Americans Advancing Justice-southern California
Bay Area Legal Aid
California for Safety and Justice
California Partnership to End Domestic Violence
Center for Responsible Lending
Communities United for Restorative Youth Justice
Community Legal Services in East Palo Alto
Courage California
East Bay Community Law Center
End Poverty in California
Equal Rights Advocates
Family Violence Appellate Project
Freefrom
Friends Committee on Legislation of California
Futures Without Violence
Housing and Economic Rights Advocates
Housing California
Indivisible CA Statestrong
Lawyers' Committee for Civil Rights of The San Francisco Bay Area
Legal Aid Foundation of Los Angeles
Legal Aid of Marin
National Lawyers Guild San Francisco Bay Area Chapter
Neighborhood Legal Services of Los Angeles County
Public Counsel
Sister Warriors Freedom Coalition
Smart Justice California
Techequity Collaborative
Voices for Progress Education Fund
Western Center on Law & Poverty, INC.
Women's Foundation California
OPPOSITION: (Verified 8/16/24)
California Downtown Association
California Mobility and Parking Association
California Police Chiefs Association
California State Sheriffs' Association
City of Anaheim
City of Chino Hills
City of Newport Beach
City of Oceanside
City of Pasadena
City of Santa Monica
Peace Officers Research Association of California
ARGUMENTS IN SUPPORT: According to the End Poverty in California, co-sponsors of the bill “Every year in California, tens of thousands of drivers get their cars towed because they can’t afford to pay their parking tickets. For low income and working households, the towing of a vehicle is often catastrophic. For many, a tow means total loss of their car because the tow and ticket fees are more than they can afford - and often more than what their car is worth. When people lose their cars, they often lose their biggest personal asset, their ability to get to work, and their ability to meet their basic needs like grocery shopping, taking children to school, or going to medical appointments. AB 1082 will prohibit towing or immobilizing a vehicle due to unpaid parking tickets, increase the number of unpaid tickets from one to eight before the DMV can place a registration hold, and improve the guidelines for parking ticket payment programs. These changes together will help cities actually collect unpaid ticket fees and help working families continue to drive to work, pay their rent and bills, and provide for their families. Moreover, by deprioritizing the enforcement of “quality of life” crimes that make it harder for individuals and families to get ahead, we believe that we can help increase low-income families' financial stability”
ARGUMENTS IN OPPOSITION: According to the California Mobility and Parking Association, “Assembly Bill 1082 would eliminate a number of parking enforcement programs’ methods to gain compliance in order to effectively manage our curb space throughout our jurisdictions. It would eliminate our ability to immobilize or impound vehicles with five or more past due citations, and prohibit the DMV from holding a vehicle’s registration unless the vehicle had 8 or more unpaid parking violations. The proposed legislation also would extend the starting eligibility for a vehicle with an expired registration to be impounded from 6 months to 1 year. Additionally, the legislation would make a host of changes to the established state mandated indigent payment plan program, including removing the deadline to apply for a payment plan, reducing penalties, allowing violators at least 4 extensions if they fall out of compliance, and requiring a payment plan option for individuals who do not qualify as indigent.”
ASSEMBLY FLOOR: 47-14, 5/31/23
AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, McCarty, McKinnor, Stephanie Nguyen, Ortega, Papan, Pellerin, Reyes, Luz Rivas, Robert Rivas, Santiago, Schiavo, Ting, Villapudua, Ward, Weber, Wicks, Wilson, Zbur, Rendon
NOES: Alanis, Chen, Megan Dahle, Davies, Dixon, Essayli, Flora, Vince Fong, Gallagher, Mathis, Jim Patterson, Joe Patterson, Sanchez, Waldron
NO VOTE RECORDED: Bauer-Kahan, Bennett, Calderon, Grayson, Hoover, Lackey, Maienschein, Muratsuchi, Pacheco, Petrie-Norris, Quirk-Silva, Ramos, Rodriguez, Blanca Rubio, Soria, Ta, Valencia, Wallis, Wood
Prepared by: Jacob O'Connor / TRANS. / (916) 651-4121
8/25/24 12:49:22
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1082 |
THIRD READING
Bill No: AB 1082
Author: Kalra (D), et al.
Amended: 8/15/24 in Senate
Vote: 21
SENATE TRANSPORTATION COMMITTEE: 10-3, 6/27/23
AYES: Gonzalez, Allen, Archuleta, Becker, Blakespear, Cortese, Dodd, Limón, McGuire, Wahab
NOES: Niello, Nguyen, Seyarto
NO VOTE RECORDED: Dahle, Newman, Umberg
SENATE PUBLIC SAFETY COMMITTEE: 3-1, 7/11/23
AYES: Bradford, Skinner, Wiener
NOES: Ochoa Bogh
NO VOTE RECORDED: Wahab
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/15/24
AYES: Caballero, Ashby, Becker, Bradford, Wahab
NOES: Jones, Seyarto
ASSEMBLY FLOOR: 47-14, 5/31/23 - See last page for vote
SUBJECT: Authority to remove vehicles
SOURCE: End Poverty in California
FreeFrom
Lawyers' Committee for Civil Rights of the San Francisco Bay Area Western Center on Law & Poverty, INC.
DIGEST:
This bill removes the authority of a peace officer or public employee to tow or immobilize a vehicle for having five or more unpaid parking or traffic tickets to only apply to higher education institutions. This bill also reforms requirements on processing agencies to offer payment plans for parking tickets in order to use the Department of Motor Vehicles for collection purposes. This bill authorizes issuing agencies for parking violations to reduce or waive parking penalties if they determine the violator is unable to pay the entire amount.
ANALYSIS:
Existing law:
- Authorizes a peace officer or other traffic enforcer of a local jurisdiction to remove or immobilize a vehicle if it has five or more unpaid parking or traffic tickets. (Vehicle Coded Section (VEH) §22651 and §22651.7)
- Authorizes law enforcement officers to remove a vehicle if they are unable to release the vehicle to the registered owner or a driver authorized by that owner after a traffic stop or a sobriety checkpoint. (VEH §2810.2 and §2814.2)
- Authorizes a peace officer or other traffic enforcer of a local jurisdiction to remove a vehicle in many circumstances, including if a vehicle is parked on the highway so as to obstruct traffic or creates a hazard. (VEH §22651)
- Authorizes the impounding of vehicles for unpaid traffic or parking tickets until the owner provides proof of payment of the tickets and authorizes the lien sale of impounded vehicles should payments not be made in a specified time. (VEH §22651)
- Authorizes the Department of Motor Vehicles (DMV) to refuse to renew the registration of a vehicle if the owner or lessee has not paid parking penalties and administrative fees (VEH §47600)
- Provides several options to processing agencies collecting unpaid parking tickets, including filing an itemization of unpaid parking penalties and service fees with the DMV for collection with registration, so long as the agency provides options to indigent persons including a payment plan with $25 monthly installments, waiving late fees and penalty assessments, and limiting processing fees (VEH §40220)
- Defines “indigent” for the purposes of this payment program to mean anyone who meets the income requirements for, or is currently on, Supplemental Security Income, Supplemental nutrition Assistance Program, Medi-Cal, or In Home Support Services.
- Requires processing agencies to rescind a filing of itemization of penalties and fees for an indigent person for one time only, if they enroll in a payment plan and pay a late fee of no more than $5.
- Requires processing agencies to allow a registered owner or lessee who falls out of compliance with a payment plan a one-time extension of 45 days from the date the plan becomes delinquent to resume payments before filing an itemization of unpaid penalties and service fees with the DMV.
- Authorizes an issuing agency or officer to cancel the notice of parking violation within 21 days after the notice is attached to the vehicle, if they determine doing so would be in the interest of justice.
- Allows parking penalties to be paid in installments in an issuing agency determines that the violator is unable to pay the entire amount in one payment. (VEH §40203.5)
- Authorizes issuing agencies to, consistent with their written guidelines, allow the payment of parking penalties in installments if the violator provides evidence satisfactory to the agency of an inability to pay the parking penalty in full. (VEH §40204)
This bill:
- Defines, for the purposes of this legislation, “low-income” to mean a person who has a monthly income 300 percent or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services.
- Removes the authority a peace officer or other traffic enforcer to remove or immobilize vehicles due to having five or more parking or traffic violations.
- Removes related authorizations regarding notice requirements and lien sales related to vehicles impounded for unpaid parking. Allows all local authorities to conduct lien sales of vehicles by impounded prior to January 1, 2025.
- Modifies the requirements for processing agencies to be able to use the DMV for collection purposes requiring the agencies to:
- Eliminate the current $500 cap on the total amount of unpaid penalties the agency must offer installment payment plans to low-income persons;
- Provide a process to waive an unpaid parking penalty or related fee for a vehicle if the registered owner is low-income and was in custody when the penalty was pending;
- Offer a payment plan option for non-low-income persons that allows payment of an unpaid parking penalty and related fees in monthly installments over at least 12 months;
- Allow for automatic payments in the payment plans;
- Set no deadline following issuance of a parking ticket to request to participate in the payment plan.
- Mail courtesy warnings sixty days prior to filing itemization with the DMV for collection. This warning shall include information about the availability of payment plans and a website link and telephone number that provides more information about the plans;
- Provide on its website information on the availability and eligibility requirements of payment plans, how to request an indigency determination, and how to request a waiver of unpaid parking penalties;
- Requires processing agencies to allow a low-income person who falls out of compliance with a payment plan at least four extensions of 45 days to resume payments before filing an itemization of unpaid penalties with the DMV.
- Requires processing agencies to rescind the filing of an itemization of unpaid parking penalties and related fees an unlimited number of times if the registered owner or lessee enrolls in a payment plan and pays a late fee of at most $5.
- Authorizes an issuing agency or officer to cancel the notice of parking violation if they determine doing so would be in the interest of justice, regardless of when after the notice is attached to the vehicle.
- Allows parking penalties to be reduced or waived if the issuing agency determines that the violator is unable to pay the entire amount in one payment.
- Allows issuing agencies to reduce or waive parking penalties if the violator provides evidence satisfactory to the issuing agency of an inability to pay the parking penalty in full.
Comments
- Purpose of the bill. According to the author, “California has been a national leader in ending policies that disproportionately punish people experiencing poverty, recognizing that these laws do not make individuals more likely to pay but instead trap them in debt and create barriers to financial stability. Vehicle tows and immobilizations result in snowballing consequences that threaten people’s stability and well-being, as well as undermine our state’s economic equity goals. AB 1082 will help cities actually collect unpaid ticket fees and allow California to continue leading the way in ending poverty tows so that working families can continue to drive to work, pay their rent and bills, and provide for their families.”
- Paying for parking. In dense, urban environments, space is one of the most valuable resources. In order to support a transportation system largely designed for cars, cities have traditionally tried to devote a significant portion of space to parking. Giving the high value of this space, cities need mechanisms to make sure those spaces are being used effectively. Cities will often meter valuable spaces in order to incentivize shorter trips and discourage congestion. Illegal on-street parking can increase travel time and congestion. Cities use parking tickets today to reduce congestion in downtown areas, ensure local residents have a place to park, enable people to park near retail stores for a limited period of time, to prevent individuals from parking in spaces for emergency vehicles, keep open spots for people with disabilities, and ensure that non electric vehicles are not parking in spots meant for electric vehicles to charge.
- Parking enforcement. If a vehicle consistently violates parking laws California law authorizes local enforcers to immobilize, tow, or eventually impound the vehicle. If the vehicle remains unclaimed and no payment plan is entered into local agencies may perform a lien sale to recoup costs of towing and storing. If a vehicle is not removed but has outstanding parking violations an authority may also use the DMV to collect the delinquent penalties at the time of the vehicles next registration. In order to do this the authority must comply with several rules regarding offering payment plan options for the penalties, including options for indigent people that carry no late fees.
According to the DMV there are currently 692 parking agencies that may report tickets to DMV for collection with the annual registration renewal. Using a 5-year average, DMV estimates it has received approximately 1.8 million parking tickets annually. Approximately 30-40% of the parking tickets reported to DMV annually are collected by DMV during the registration renewal, as people may instead pay the parking agency directly. The DMV collected approximately $81.7 million in total parking citation bail in FY 2021/22.
Research shows that removal and impoundment of a vehicle is an effective deterrent to illegal behavior. According to the Center for Disease Control, several studies indicate that impounding a vehicle reduces rates of recidivism for driving under the influence. By removing local parking agencies’ ability to tow or immobilize a vehicle, this bill limits local jurisdictions’ ability to effectively manage valuable parking space. In particular, this bill will make it impossible to enforce payment of tickets on out-of-state vehicles.
However, while removal and impoundment may be effective deterrents they often can be costly. Owners are more likely to abandon vehicles with a lower resale value so towing and storage fees can be greater than the city can recoup through a lien sale. According to the Auditor of the City of San Diego, found the city’s towing program cost the city about $1.5 million dollars a year. They also found that 27 percent of all tows resulted in a lien sale, leading to unrecoverable costs.
- Towed into debt: How Towing Practices in California Punish Poor People. A report published in 2019 by 17 legal services, public interest law, and public policy and advocacy groups notes how California’s cities attempts to regulate parking have resulted in disproportionate punishments for low income individuals. Based on an analysis of eight California cities, the report estimated that one fourth of all tows conducted are because the owner had unpaid parking or traffic tickets, lapsed registration, or for being parked in one place for 72 hours. Vehicles towed for these reasons are 2 to 6 times more likely to be sold at a lien sale than the average towed cars. The report noted that 50% of the vehicles towed in San Francisco for unpaid parking tickets and 57% of the vehicles towed for lapsed registration were sold by the tow companies, compared to only 9% of other vehicles that were towed for other reasons.
Recovering a vehicle after it has been towed is expensive. Towed into Debt notes that the average tow fee in California at the time the report was published was $189, with a $53 storage fee per day and a $150 administrative fee. After three days of storage, a towing fee could come out to $499. For low-income individuals, fees accumulating on top of one another can create a cycle of debt where they are unable to pay back parking fines, and then receive additional fines for driving an unregistered vehicle and an increased vehicle registration fee for late payments. If their vehicle is then towed and impounded they likely will not be able to recover their vehicle, which may serve as their home or as an important resource for pursuing a job.
In recognition that these rates have the greatest negative impact on low-income individuals, some localities have considered payment alternatives. For example, the City of San Francisco in 2018 implemented a payment installment plan and certain fee waivers for qualified low-income individuals. The Legislature has also taken action. In 2015, SB 405 (Hertzberg, Chapter 385, Statutes of 2015) eliminated the requirement to pay all penalties and fines for certain traffic violations up front and allowed an individual to schedule a court hearing prior to payment. In 2017, AB 503 (Lackey, Chapter 741, Statutes of 2017) gave indigent persons the opportunity to pay down unpaid parking citations through an installment plan.
- Payment plans with no cap. Currently if an authority wishes to use the DMV to collect delinquent parking fees they must offer a payment plan total penalties up to $500 for indigent persons in monthly installments of no more than $25 over a period of 24 months. This bill would expand the requirement to offer a payment plan to all individuals and expands the income threshold to qualify for low-income payment plans. For low-income people this bill would remove the $500 cap the payment plan must apply to, but retain the requirement of $25 monthly installments over a maximum of 24 months. In effect, this will cap the amount of fees a processing agency can claim from a low-income person at $600 – twenty-four payments of $25.
For any low-income person this is a substantial sum, likely to disincentive receiving so many tickets. However, the cost of parking can be quite expensive in major cities. For example, parking meters in downtown San Francisco generally range from $2-$6 an hour and offer daily maximum rates of $29. If fortunate someone may be able to find a cheaper lot – a quick internet search provides options as around $340 a month, making the cost of paying for parking in the city for two months $680. Under the provisions of this bill, the maximum fees that could be collected for parking tickets from an indigent person would be $600, making it cheaper to accrue tickets than pay for parking.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, “Unknown, potentially significant reduction in state and local parking citation revenues related to the expansion of eligibility for a waiver of all late fees and penalty assessments for low-income persons with monthly income 300% or less of the federal poverty level (rather than 200%) that enter into payment plans. Revenue reductions could be partially mitigated by some revenue gains for partial payments on debt that may not have otherwise been paid. To the extent the bill removes towing and immobilization of a vehicle as a deterrent and collection tool for delinquent tickets, there would be additional state and local revenue losses. (local funds, State University Parking Revenue Fund, other funds administered by state institutions of higher education)”
SUPPORT: (Verified 8/16/24)
End Poverty in California (EPIC) (co-source)
Freefrom (co-source)
Lawyers' Committee for Civil Rights of The San Francisco Bay Area (co-source)
Western Center on Law & Poverty, INC.(co-source)
ACLU California Action
All Home
Alliance for Boys and Men of Color
Asian Americans Advancing Justice-southern California
Bay Area Legal Aid
California for Safety and Justice
California Partnership to End Domestic Violence
Center for Responsible Lending
Communities United for Restorative Youth Justice (CURYJ)
Community Legal Services in East Palo Alto
Courage California
East Bay Community Law Center
Equal Rights Advocates
Family Violence Appellate Project
Friends Committee on Legislation of California
Futures Without Violence (UNREG)
Housing and Economic Rights Advocates
Housing California
Indivisible CA Statestrong
Legal Aid Foundation of Los Angeles
Legal Aid of Marin
National Lawyers Guild San Francisco Bay Area Chapter
Neighborhood Legal Services of Los Angeles County
Public Counsel
Sister Warriors Freedom Coalition
Smart Justice California
Techequity Collaborative
Voices for Progress Education Fund
Women's Foundation California
OPPOSITION: (Verified 8/16/24)
California Downtown Association
California Mobility and Parking Association
California Police Chiefs Association
California State Sheriffs' Association
City of Anaheim
City of Chino Hills
City of Newport Beach
City of Oceanside
City of Pasadena
City of Santa Monica
Peace Officers Research Association of California (PORAC)
ARGUMENTS IN SUPPORT: According to the End Poverty in California, co-sponsors of the bill “Every year in California, tens of thousands of drivers get their cars towed because they can’t afford to pay their parking tickets. For low income and working households, the towing of a vehicle is often catastrophic. For many, a tow means total loss of their car because the tow and ticket fees are more than they can afford - and often more than what their car is worth. When people lose their cars, they often lose their biggest personal asset, their ability to get to work, and their ability to meet their basic needs like grocery shopping, taking children to school, or going to medical appointments. AB 1082 will prohibit towing or immobilizing a vehicle due to unpaid parking tickets, increase the number of unpaid tickets from one to eight before the DMV can place a registration hold, and improve the guidelines for parking ticket payment programs. These changes together will help cities actually collect unpaid ticket fees and help working families continue to drive to work, pay their rent and bills, and provide for their families. Moreover, by deprioritizing the enforcement of “quality of life” crimes that make it harder for individuals and families to get ahead, we believe that we can help increase low-income families' financial stability”
ARGUMENTS IN OPPOSITION: According to the California Mobility and Parking Association, “Assembly Bill 1082 would eliminate a number of parking enforcement programs’ methods to gain compliance in order to effectively manage our curb space throughout our jurisdictions. It would eliminate our ability to immobilize or impound vehicles with five or more past due citations, and prohibit the DMV from holding a vehicle’s registration unless the vehicle had 8 or more unpaid parking violations. The proposed legislation also would extend the starting eligibility for a vehicle with an expired registration to be impounded from 6 months to 1 year. Additionally, the legislation would make a host of changes to the established state mandated indigent payment plan program, including removing the deadline to apply for a payment plan, reducing penalties, allowing violators at least 4 extensions if they fall out of compliance, and requiring a payment plan option for individuals who do not qualify as indigent.”
ASSEMBLY FLOOR: 47-14, 5/31/23
AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, McCarty, McKinnor, Stephanie Nguyen, Ortega, Papan, Pellerin, Reyes, Luz Rivas, Robert Rivas, Santiago, Schiavo, Ting, Villapudua, Ward, Weber, Wicks, Wilson, Zbur, Rendon
NOES: Alanis, Chen, Megan Dahle, Davies, Dixon, Essayli, Flora, Vince Fong, Gallagher, Mathis, Jim Patterson, Joe Patterson, Sanchez, Waldron
NO VOTE RECORDED: Bauer-Kahan, Bennett, Calderon, Grayson, Hoover, Lackey, Maienschein, Muratsuchi, Pacheco, Petrie-Norris, Quirk-Silva, Ramos, Rodriguez, Blanca Rubio, Soria, Ta, Valencia, Wallis, Wood
Prepared by: Jacob O'Connor / TRANS. / (916) 651-4121
8/18/24 17:49:54
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
AB 1082 (Kalra) - Authority to remove vehicles
Version: August 14, 2023 | Policy Vote: TRANS. 10 - 3, PUB. S. 3 - 1 |
Urgency: No | Mandate: No |
Hearing Date: August 15, 2024 | Consultant: Mark McKenzie |
Bill Summary:
AB 1082 would delete the authority for law enforcement and local parking enforcement officials, not including higher education institutions, to tow and impound, or immobilize a vehicle that has five or more delinquent parking tickets, as specified. The bill would also revise the ability of local processing agencies, excluding higher education institutions, to refer delinquent parking violations to the Department of Motor Vehicles (DMV) for collection with vehicle registration, and revise requirements for processing agencies to offer payment plans for payment of delinquent parking ticket fines and penalties.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 15, 2024
Fiscal Impact:
- Unknown, potentially significant reduction in state and local parking citation revenues related to the expansion of eligibility for a waiver of all late fees and penalty assessments for low-income persons with monthly income 300% or less of the federal poverty level (rather than 200%) that enter into payment plans. Revenue reductions could be partially mitigated by some revenue gains for partial payments on debt that may not have otherwise been paid. To the extent the bill removes towing and immobilization of a vehicle as a deterrent and collection tool for delinquent tickets, there would be additional state and local revenue losses. (local funds, State University Parking Revenue Fund, other funds administered by state institutions of higher education)
Author Amendments:
- Eliminate the authority for higher education institution law enforcement and parking enforcement officials to tow and impound, or immobilize a vehicle that has five or more delinquent parking tickets, as specified.
- Delete changes that would have prohibited a processing agency from requesting that DMV place a registration hold on a vehicle with unpaid parking citations, and other changes related to DMV registration holds, as specified, and revert those provisions to existing law.
- Clarify that vehicles impounded prior to the bill’s enactment may be sold to satisfy a lien, as specified.
- Delete a specified 21-day limitation on canceling a notice of violation in the interest of justice.
- Clarify provisions that authorize an issuing agency to reduce or waive parking penalties if a violator is unable to pay the entire amount in one payment.
- Make other clarifying and conforming changes.
-- END --
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 1082 (Kalra) - Authority to remove vehicles
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
AB 1082 would delete the authority for law enforcement and local parking enforcement officials, not including higher education institutions, to tow and impound, or immobilize a vehicle that has five or more delinquent parking tickets, as specified. The bill would also revise the ability of local processing agencies, excluding higher education institutions, to refer delinquent parking violations to the Department of Motor Vehicles (DMV) for collection with vehicle registration, and revise requirements for processing agencies to offer payment plans for payment of delinquent parking ticket fines and penalties.
Fiscal Impact:
- The Department of Motor Vehicles (DMV) indicates that it would incur unknown, but likely significant one-time costs prior to January 1, 2029 to undertake complex programming efforts to modify how and when registration is withheld for parking violations as well as the many use cases resulting from the various scenarios that customers may face. Staff notes that DMV is currently undertaking a multi-year Enterprise Modernization Project, the Digital eXperience Project (DXP) that will not be completed until 2025-26. Any IT modifications resulting from this bill would be implemented after the DXP is complete, and actual costs would depend upon the functionality of the new systems. (Motor Vehicle Account)
- Unknown, potentially significant reduction in local parking citation revenues related to the expansion of eligibility for a waiver of all late fees and penalty assessments for low-income persons with monthly income 300% or less of the federal poverty level (rather than 200%) that enter into payment plans. Revenue reductions could be partially mitigated by some revenue gains for partial payments on debt that may not have otherwise been paid. To the extent the bill removes towing and immobilization of a vehicle as a deterrent and collection tool for delinquent tickets, there would be additional local revenue losses. (local funds)
Background:
Existing law authorizes peace officers and parking enforcement officials to tow a vehicle under numerous specified circumstances, including if the vehicle has five or more delinquent parking tickets or five or more notices of failure to pay or failure to appear in court for traffic violations, or if the vehicle is parked or left standing on a highway for 72 or more hours in violation of a local ordinance. A vehicle found to have five or more delinquent parking or traffic tickets may be impounded until the vehicle owner shows evidence that all parking penalties and traffic violations have been cleared, and pays the cost of towing and storing the vehicle. A vehicle impounded under these provisions that is not released to the owner may be sold to satisfy liens to recover towing and storage costs and bail for all outstanding parking violations, with the lien for unpaid parking tickets subordinate to the lien satisfying towing and storage costs.
Existing law also authorizes peace officers and parking enforcement officials to immobilize a vehicle, as an alternative to removal, if the vehicle has five or more delinquent parking tickets or five or more notices of failure to pay or failure to appear in court for traffic violations. The vehicle may remain immobilized until all parking and traffic tickets have been paid, as specified.
Existing law authorizes an agency that processes notices of parking violations and delinquent parking violations, after completing specified collection efforts, to file an itemized list of unpaid parking penalties and service fees with the Department of Motor Vehicles (DMV) for collection when a vehicle owner attempts to register his or her vehicle. Existing law requires DMV, after receiving an itemized list of a person’s unpaid parking penalties and fees, to refuse to renew his or her vehicle registration until all outstanding penalties and fees are paid. After collecting payments for unpaid parking penalties and fees, DMV forwards the revenues to the local jurisdictions that filed the itemized list of unpaid tickets, after deducting its administrative costs.
Existing law prohibits a processing agency from referring an itemized list of unpaid tickets to DMV to collect on delinquent amounts unless a payment plan is provided for indigent persons. An indigent person is generally defined as having net income at or below 200 percent of the federal poverty level, or receiving benefits under specified public assistance programs. The payment plan must allow monthly installments of no more than $25 for total amounts less than $500, and provide for a waiver of all late fees and penalty assessments, exclusive of specified assessments. Registered owners must be informed about the payment plan option, and the local agency must allow for an indigency determination for a period of 120 days from the issuance of a parking ticket, or 10 days after an administrative hearing determination, whichever is later. Processing agencies must include information regarding the availability of the payment plan option on their public websites, and a web link and telephone information line.
Proposed Law:
AB 1082 would repeal the authority for peace officers and parking enforcement officials, but retain the authority for public higher institutions, to do the following:
- Tow and impound a vehicle with five or more delinquent parking violations tickets.
- Sell an unclaimed vehicle that is towed and impounded under those circumstances in order to satisfy liens to recover towing and storage costs, and bail for all unpaid parking tickets.
- Immobilize a vehicle with five or more delinquent parking violations tickets.
AB 1082 would also modify the requirements for processing agencies to be able to use the DMV for collection purposes. Specifically, this bill would do the following:
- Prohibit a processing agency from requesting that the DMV place a registration hold on a vehicle unless the vehicle has three or more delinquent parking tickets, but continue to allow public higher education institutions to file an itemized list of unpaid parking tickets with the DMV for one or more delinquent citations.
- Prohibit the DMV, beginning January 1, 2029, from refusing to renew the registration of a vehicle due to outstanding parking tickets unless the registered owner or lessee has three or more unpaid tickets.
- Change references from “indigent” persons to “low-income” persons for purposes of eligibility for payment plans that provide for a waiver of fees and penalties, as specified, and revise the defined income criteria to qualify for such a payment plan from a net income that is at or below 200% of the federal poverty level to an income at or below 300% of the federal poverty level.
- Eliminate the current $500 cap on the total amount of unpaid penalties the agency must offer installment payment plans to low-income persons.
- Provide a process to waive an unpaid parking penalty or related fee for a vehicle if the registered owner was in custody in a juvenile facility, county jail, or state prison when the penalty was pending.
- Offer a payment plan option for a person who does not qualify as low-income that allows payment of an unpaid parking penalty and related fees in monthly installments over at least 12 months.
- Allow for automatic payments in the payment plan.
- Prohibit the setting of a deadline following issuance of a parking ticket for requesting to participate in a payment plan.
- Require a processing agency to mail a courtesy warning notice to the registered vehicle owner 60 days before filing an itemized listing of delinquent parking tickets to the DMV, and require the notice to include information about payment plans and a website link and telephone number with information about the plans.
- Require the processing agency to provide information on its website on the availability and eligibility requirements of payment plans, how to request a low-income determination, how to request a waiver of unpaid parking penalties, and a telephone number that provides more information about payment plans.
- Require a processing agency to allow a low-income person who falls out of compliance with a payment plan at least four extensions of 45 days to resume payments before filing an itemization of unpaid penalties with the DMV. A person who does not qualify as low-income could have a one-time extension.
- Require processing agencies to rescind the filing of an itemization of unpaid parking penalties and related fees an unlimited number of times if the registered owner or lessee enrolls in a payment plan and pays a late fee of at most $5.
Related Legislation:
AB 1685 (Bryan), which was vetoed by the Governor last year, would have required processing agencies to establish a parking citation forgiveness program for homeless individuals. The veto message included the following statements indicating the reason for the veto:
I am sympathetic to the author's intent to provide financial relief to extremely low-income Californians, but a statewide requirement for parking ticket forgiveness may not be the best approach. Under current law, processing agencies are already required to take several steps prior to asking DMV to collect the unpaid debt from indigent individuals, including establishing a payment program and waiving late fees and penalty assessments. Under this bill, there would be no limit to the number of times a person could ultimately seek relief from the program.
AB 516 (Chiu), which was held on this Committee’s Suspense File in 2019, included provisions that would have deleted the authority for law enforcement and local officials to tow and impound, or immobilize a vehicle that has five or more delinquent parking tickets or traffic violations, as specified.
AB 2544 (Lackey), Chap. 494/2018, required parking ticket processing agencies to provide indigent persons with the option of entering into a specified payment plan that includes a waiver of late fees for unpaid tickets issued before July 1, 2018.
AB 503 (Lackey), Chap. 741/2017, prohibited a processing agency, beginning on July 1, 2018, from referring unpaid parking penalties and fees to the DMV for collection, unless the agency provides a payment plan option for indigent persons, as specified.
Staff Comments:
DMV is currently reliant on aging legacy IT systems to support its operations. The obsolete technology continues to put the state at risk of major disruptions should these applications fail. The department is currently engaged in a multi-year effort to modernize IT systems and expects this “Enterprise Modernization Project – the Digital eXperience Project” (DXP) to last through fiscal year 2025-26. This bill includes a delayed operative date of January 1, 2029 for the changes to requirements to withhold vehicle registration in order to avoid costs of making IT changes to legacy systems or building temporary solutions in advance of the implementation of the modernization efforts. Since the overall programming changes required by the bill would be conducted post-modernization, one-time up front DMV costs are unknown.
Staff notes that there are currently legal challenges to cities’ authority to tow vehicles. The Coalition on Homelessness has filed a lawsuit against the City and County of San Francisco to challenge the current policy to tow safely and legally parked vehicles without a warrant based solely on the accrual of unpaid parking tickets. They contend theses tows are unreasonable seizures of property that violate the Fourth Amendment of the United States Constitution. A tentative opinion issued by the First Appellate District on June 16, 2023 rejected San Francisco’s arguments defending the practice. If the tentative opinion aligns with the final decision it may mean that some provisions of this bill would be unnecessary or in conflict with the decision, as tows for even five or more parking tickets may not be allowed for public institutions of higher learning.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: AB 1082 Hearing Date: July 11, 2023
Author: | Kalra | ||
Version: | June 29, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | MK | ||
Subject: Authority to remove vehicles
HISTORY
Source: End Poverty in California (EPIC)
FreeFrom
Lawyers' Committee for Civil Rights (LCCR)
Western Center on Law and Poverty (WCLP)
Prior Legislation: None
Support: ACLU California Action; Asian Americans Advancing Justice-Southern California; California Partnership to End Domestic Violence; California Public Defenders Association; Californians for Safety and Justice; Center for Responsible Lending; Communities United for Restorative Youth Justice (CURYJ); Consumers for Auto Reliability & Safety; Courage California; Disability Rights California; Drug Policy Alliance; East Bay Community Law Center; Ella Baker Center for Human Rights; Equal Rights Advocates; Family Violence Appellate Project; GLIDE; Grace Institute – End Child Poverty in California; Indivisible CA Statestrong; Initiate Justice (UNREG); Initiate Justice Acton; Public Counsel; Smart Justice California; Techequity Collaborative; Voices for Progress Education Fund
Opposition: California Association of Code Enforcement; California Mobility and Parking Association; California Police Chiefs Association; California State Sheriffs' Association; Chico Police Department; City of La Mirada; City of Lakewood; City of Santa Monica Department of Transportation; Peace Officers Research Association of California (PORAC); City of Tustin (unless amended)
Assembly Floor Vote: 47 - 14
PURPOSE
The purpose of this bill is to limit the authority to tow or immobilize a vehicle for having five or more unpaid parking or traffic tickets to only apply to higher education institutions. This bill also reforms requirements on processing agencies to offer payment plans for parking tickets in order to use the Department of Motor Vehicles for collection purposes.
Existing law authorizes a peace officer or other traffic enforcer of a local jurisdiction to remove or immobilize a vehicle if it has five or more unpaid parking or traffic tickets. (Vehicle Code Section §§22651 and 22651.7)
Existing law authorizes law enforcement officers to remove a vehicle if they are unable to release the vehicle to the registered owner or a driver authorized by that owner after a traffic stop or a sobriety checkpoint. (Vehicle Code §§2810.2 and 2814.2)
Existing law authorizes a peace officer or other traffic enforcer of a local jurisdiction to remove a vehicle in many circumstances, including if a vehicle is: (Vehicle Code §22651)
- Left unattended upon a bridge, viaduct, causeway, or tunnel where the vehicle obstructs traffic;
- Parked on the highway so as to obstruct traffic or creates a hazard;
- Found upon a highway or public land and a report has been made that the vehicle is stolen or embezzled;
- Illegally parked to prevent access to a private driveway or to firefighting equipment and is impractical to move;
- Stopped or parked for more than four hours upon the right-of-way of a freeway and the driver cannot move the vehicle;
- Without an operator because the person in charge of the vehicle became incapacitated and unable to provide for its custody or removal;
- Without an operator because the person driving the vehicle was taken into custody;
- Parked or left standing on a highway for 72 or more consecutive hours in violation of a local ordinance;
- Parked or left standing where local authorities have prohibited parking and authorized vehicle removal through resolution or ordinance; or
- Found with a registration expiration date over six months expired, displaying registration or identification issued for a different vehicle, or is operating using autonomous technology without a valid permit;
Existing law authorizes the impounding of vehicles for unpaid traffic or parking tickets until the owner provides proof of payment of the tickets and authorizes the lien sale of impounded vehicles should payments not be made in a specified time. (Vehicle Code §22651)
Existing law authorizes the Department of Motor Vehicles (DMV) to refuse to renew the registration of a vehicle if the owner or lessee has not paid parking penalties and administrative fees (Vehicle Code §47600)
Existing law provides several options to processing agencies collecting unpaid parking tickets, including filing an itemization of unpaid parking penalties and service fees with the DMV for collection with registration, so long as the agency: (Vehicle Code §40220)
- Provides a payment plan option for indigent persons that allows unpaid parking fines and fees to be paid off in monthly installments of no more than $25 for total amounts due that are $500 or less, in a period within 24 months;
- Waives all late fees and penalty assessments, exclusive of any state surcharges, if an indigent person enrolls in the payment plan. Waived fees and penalties may be reinstated if the person falls out of compliance with the payment plan;
- Limits the processing fee to participate in a payment plan to $5 or less for indigent persons and $25 or less for all other persons;
- Allows the application for indigence determination for a period of 120 days from the issuance of a notice of a parking violation, or 10 days after the administrative hearing determination, whichever is later;
Existing law requires processing agencies to rescind a filing of itemization of penalties and fees for an indigent person for one time only, if they enroll in a payment plan and pay a late fee of no more than $5.
Existing law requires processing agencies to allow a registered owner or lessee who falls out of compliance with a payment plan a one-time extension of 45 days from the date the plan becomes delinquent to resume payments before filing an itemization of unpaid penalties and service fees with the DMV.
Existing law requires a processing agency to provide information about its payment plans and the program on its internet website and via a phone number.
Existing law defines “indigent” for the purposes of this payment program to mean anyone who meets the income requirements for, or is currently on, Supplemental Security Income, Supplemental nutrition Assistance Program, Medi-Cal, or In Home Support Services.
This bill eliminates the ability to remove a vehicle form an offstreet facility because it has five or more parking tickets.
This bill limits the authority to remove or immobilize vehicles due to having six or more parking or traffic violations to traffic agents of public higher educational institutions. Such as the University of California, California State University, and the California Community Colleges.
This bill limits various sections related to notice requirements and lien sales related to vehicles impounded for unpaid parking and traffic tickets to only apply to higher education institutions. Allows all local authorities to conduct lien sales of vehicles by impounded prior to January 1, 2024.
This bill only permits processing agencies, except for higher education institutions, to file itemizations of unpaid parking penalties and service fees with the DMV for collection with registration if there are six or more unpaid parking tickets. Higher education institutions may file itemizations with any number of unpaid tickets.
This bill prohibits the DMV, beginning in January 1, 2027, from refusing to renew the registration of a vehicle due to outstanding parking tickets unless the registered owner or lessee has six or more unpaid tickets.
This bill modifies the requirements for processing agencies to be able to use the DMV for collection purposes requiring the agencies to:
- Eliminate the current $500 cap on the total amount of unpaid penalties the agency must offer installment payment plans to indigent persons;
- Provide a process to waive an unpaid parking penalty or related fee for a vehicle if the registered owner is indigent and was in custody when the penalty was pending;
- Offer a payment plan option for non-indigent persons that allows payment of an unpaid parking penalty and related fees in monthly installments over at least 12 months;
- Allow for automatic payments in the payment plans;
- Set no deadline following issuance of a parking ticket to request to participate in the payment plan.
- Mail courtesy warnings sixty days prior to filing itemization with the DMV for collection. This warning shall include information about the availability of payment plans and a website link and telephone number that provides more information about the plans;
- Provide on its website information on the availability and eligibility requirements of payment plans, how to request an indigency determination, and how to request a waiver of unpaid parking penalties;
This bill requires processing agencies to allow an indigent person who falls out of compliance with a payment plan at least four extensions of 45 days to resume payments before filing an itemization of unpaid penalties with the DMV.
This bill requires processing agencies to rescind the filing of an itemization of unpaid parking penalties and related fees an unlimited number of times if the registered owner or lessee enrolls in a payment plan and pays a late fee of at most $5.
COMMENTS
1. Need for This Bill
According to the author:
California has been a national leader in ending policies that disproportionately punish people experiencing poverty, recognizing that these laws do not make individuals more likely to pay but instead trap them in debt and create barriers to financial stability. Vehicle tows and immobilizations result in snowballing consequences that threaten people’s stability and well-being, as well as undermine our state’s economic equity goals. AB 1082 will help cities actually collect unpaid ticket fees and allow California to continue leading the way in ending poverty tows so that working families can continue to drive to work, pay their rent and bills, and provide for their families.
2. Parking enforcement
If a vehicle consistently violates parking laws California law authorizes local enforcers to immobilize, tow, or eventually impound the vehicle. If the vehicle remains unclaimed and no payment plan is entered into local agencies may perform a lien sale to recoup costs of towing and storing. If a vehicle is not removed but has outstanding parking violations an authority may also use the DMV to collect the delinquent penalties at the time of the vehicles next registration. In order to do this the authority must comply with several rules regarding offering payment plan options for the penalties, including options for indigent people that carry no late fees.
According to the DMV there are currently 692 parking agencies that may report tickets to DMV for collection with the annual registration renewal. Using a 5-year average, DMV estimates it has received approximately 1.8 million parking tickets annually. Approximately 30-40% of the parking tickets reported to DMV annually are collected by DMV during the registration renewal, as people may instead pay the parking agency directly. The DMV collected approximately $81.7 million in total parking citation bail in FY 2021/22.
Research shows that removal and impoundment of a vehicle is an effective deterrent to illegal behavior. According to the Center for Disease Control, several studies indicate that impounding a vehicle reduces rates of recidivism for driving under the influence.
However while removal and impoundment may be effective deterrents they often can be costly. Owners are more likely to abandon vehicles with a lower resale value so that the associated towing and storage fees can be greater than the city can recoup through a lien sale. According to a 2022 report by the Auditor of the City of San Diego, found their towing program cost the city about $1.5 million dollars a year. They also found that 27 percent of all tows resulted in a lien sale, leading to unrecoverable costs.
This bill removes the ability of local parking agencies to tow or immobilize a vehicle to tow or immobilize a vehicle, This bill will also make it impossible to enforce payment of tickets on out-of-state vehicles. Without a California vehicle registration local agencies lack an enforcement mechanism.
3. Towed into debt: How Towing Practices in California Punish Poor People.
A report published in 2019 by 17 legal services, public interest law, and public policy and advocacy groups notes how California’s cities attempts to regulate parking have resulted in disproportionate punishments for low income individuals. Based on an analysis of eight California cities, the report estimated that one fourth of all tows conducted are because the owner had unpaid parking or traffic tickets, lapsed registration, or for being parked in one place for 72 hours. Vehicles towed for these reasons are 2 to 6 times more likely to be sold at a lien sale than the average towed cars. The report noted that 50% of the vehicles towed in San Francisco for unpaid parking tickets and 57% of the vehicles towed for lapsed registration were sold by the tow companies, compared to only 9% of other vehicles that were towed for other reasons. In 2016, the City of San Francisco ordered more than 42,000 tows and sold more than 5,300 vehicles in lien sales. In total, the report estimated that public agencies in California towed nearly one million vehicles in 2016.
Recovering a vehicle after it has been towed is expensive. Towed into Debt notes that the average tow fee in California at the time the report was published was $189, with a $53 storage fee per day and a $150 administrative fee. After three days of storage a towing fee could come out to $499. If a vehicle was towed for having five or more unpaid parking violations or for vehicle registration purposes, the individual most also pay the unpaid parking debt and vehicle registration before they can retrieve their vehicle. For indigent individuals, fees accumulating on top of one another can create a cycle of debt where they are unable to pay back parking fines, and then receive additional fines for driving an unregistered vehicle and an increased vehicle registration fee for late payments. If their vehicle is then towed and impounded they likely will not be able to recover their vehicle, which may serve as their home or as an important resource for pursuing a job.
In recognition that these rates have the greatest negative impact on low-income individuals, some localities have considered payment alternatives. For example, the City of San Francisco in 2018 implemented a payment installment plan and certain fee waivers for qualified low-income individuals. The Legislature has also taken action. In 2015, SB 405 (Hertzberg, Chapter 385, Statutes of 2015) eliminated the requirement to pay all penalties and fines for certain traffic violations up front and allowed an individual to schedule a court hearing prior to payment. In 2017, AB 503, Lackey, (Chapter 741, Statutes of 2017) gave indigent persons the opportunity to pay down unpaid parking citations through an installment plan.
The statutory income threshold for indigency is– 125% or less of the federal poverty guidelines. Currently that income for a one-person household is $12,880 making the threshold for indegency $16,100 a year.
4. Changes to payment plans
Currently if an authority wishes to use the DMV to collect delinquent parking fees they must offer a payment plan total penalties up to $500 for indigent persons in monthly installments of no more than $25 over a period of 24 months. This bill would expand the requirement to offer a payment plan to all individuals, though it provides no requirement on the payment structure for non-indigent individuals. For indigent people this bill would remove the $500 cap the payment plan must apply to, but retain the requirement of $25 monthly installments over a maximum of 24 months. In effect this will cap the amount of fees a processing agency can claim from an indigent person at $600 – twenty-four payments of $25.
5. Authority to tow an ability to collect penalties.
In addition to provisions adding increased flexibility for indigent people this bill narrows the authority to tow, immobilize, and use the DMV to collect penalties from all people who have four or fewer outstanding tickets. It also requires the creation of monthly payment plans for nonindigent people if the agency wishes to collect through the DMV, though it sets no limit on the amount of payment in those plans. The threshold for being classified as indigent is quite low, so this policy will likely help low-income people from avoiding cycles of poverty. However it will also arguably help people who have no significant financial barrier to paying for parking violations.
6. Current court challenges to towing
There are currently legal challenges to cities’ authority to tow vehicles. The Coalition on Homelessness has filed a lawsuit against the City and County of San Francisco to challenge the current policy to tow safely and legally parked vehicles without a warrant based solely on the accrual of unpaid parking tickets. They contend theses tows are unreasonable seizures of property that violate the Fourth Amendment of the United States Constitution. A tentative opinion issued by the First Appellate District on June 16th rejected San Francisco’s arguments defending the practice. If tentative opinion aligns with the final decision it may mean that some provisions of this bill would be unnecessary or in conflict with the decision, as tows for even five or more parking tickets may not be allowed for public institutions of higher learning.
7. Double-referral
This bill was heard by and passed Senate Transportation Committee with a vote of 10-3 on June 27.
8. Argument in Support
Lawyers’ Committee for Civil Rights of the San Francisco Bay Area supports this bill stating:
Every year in California, tens of thousands of drivers get their cars towed because they can’t afford to pay their parking tickets. For low income and working households, the towing of a vehicle is often catastrophic. For many, a tow means total loss of their car because the tow and ticket fees are more than they can afford - and often more than what their car is worth. When people lose their cars they often lose their biggest personal asset, their ability to get to work, and their ability to meet their basic needs like grocery shopping, taking children to school, or going to medical appointments.
AB 1082 will prohibit towing or immobilizing a vehicle due to unpaid parking tickets, increase the number of unpaid tickets before the DMV can place a registration hold, and improve the guidelines for parking ticket payment programs. These changes together will help cities actually collect unpaid ticket fees and help working families continue to drive to work, pay their rent and bills, and provide for their families.
AB 1082 will end punitive practices that drive people further into poverty and instead help increase low-income families financial stability.
9. Argument in Opposition
The California State Sheriffs Association opposes this bill stating:
Existing law already provides significant opportunity for motorists to address unresolved parking violations. These statutes allow local governments to keep roadways safe, address the use of local streets and roads as unlawful venues for long-term storage or vehicle disposal, and ensure accountability among those who choose to violate the law. This bill would eliminate much of the motivation for people to take care of parking tickets, which creates further public safety challenges and opportunities for motorists to rack up further violations.
-- END –
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: AB 1082 Hearing Date: July 11, 2023
Author: | Kalra | ||
Version: | June 29, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | MK | ||
Subject: Authority to remove vehicles
HISTORY
Source: End Poverty in California (EPIC)
FreeFrom
Lawyers' Committee for Civil Rights (LCCR)
Western Center on Law and Poverty (WCLP)
Prior Legislation: None
Support: ACLU California Action; Asian Americans Advancing Justice-Southern California; California Partnership to End Domestic Violence; California Public Defenders Association; Californians for Safety and Justice; Center for Responsible Lending; City of La Mirada; Communities United for Restorative Youth Justice (CURYJ); Consumers for Auto Reliability & Safety; Courage California; Disability Rights California; Drug Policy Alliance; East Bay Community Law Center; Ella Baker Center for Human Rights; Equal Rights Advocates; Family Violence Appellate Project; GLIDE; Grace Institute – End Child Poverty in California; Indivisible CA Statestrong; Initiate Justice (UNREG); Initiate Justice Acton; Public Counsel; Smart Justice California; Techequity Collaborative; Voices for Progress Education Fund
Opposition: California Association of Code Enforcement; California Mobility and Parking Association; California Police Chiefs Association; California State Sheriffs' Association; Chico Police Department; City of La Mirada; City of Lakewood; City of Santa Monica Department of Transportation; Peace Officers Research Association of California (PORAC); City of Tustin (unless amended)
Assembly Floor Vote: 47 - 14
PURPOSE
The purpose of this bill is to limit the authority to tow or immobilize a vehicle for having five or more unpaid parking or traffic tickets to only apply to higher education institutions. This bill also reforms requirements on processing agencies to offer payment plans for parking tickets in order to use the Department of Motor Vehicles for collection purposes.
Existing law authorizes a peace officer or other traffic enforcer of a local jurisdiction to remove or immobilize a vehicle if it has five or more unpaid parking or traffic tickets. (Vehicle Code Section §§22651 and 22651.7)
Existing law authorizes law enforcement officers to remove a vehicle if they are unable to release the vehicle to the registered owner or a driver authorized by that owner after a traffic stop or a sobriety checkpoint. (Vehicle Code §§2810.2 and 2814.2)
Existing law authorizes a peace officer or other traffic enforcer of a local jurisdiction to remove a vehicle in many circumstances, including if a vehicle is: (Vehicle Code §22651)
- Left unattended upon a bridge, viaduct, causeway, or tunnel where the vehicle obstructs traffic;
- Parked on the highway so as to obstruct traffic or creates a hazard;
- Found upon a highway or public land and a report has been made that the vehicle is stolen or embezzled;
- Illegally parked to prevent access to a private driveway or to firefighting equipment and is impractical to move;
- Stopped or parked for more than four hours upon the right-of-way of a freeway and the driver cannot move the vehicle;
- Without an operator because the person in charge of the vehicle became incapacitated and unable to provide for its custody or removal;
- Without an operator because the person driving the vehicle was taken into custody;
- Parked or left standing on a highway for 72 or more consecutive hours in violation of a local ordinance;
- Parked or left standing where local authorities have prohibited parking and authorized vehicle removal through resolution or ordinance; or
- Found with a registration expiration date over six months expired, displaying registration or identification issued for a different vehicle, or is operating using autonomous technology without a valid permit;
Existing law authorizes the impounding of vehicles for unpaid traffic or parking tickets until the owner provides proof of payment of the tickets and authorizes the lien sale of impounded vehicles should payments not be made in a specified time. (Vehicle Code §22651)
Existing law authorizes the Department of Motor Vehicles (DMV) to refuse to renew the registration of a vehicle if the owner or lessee has not paid parking penalties and administrative fees (Vehicle Code §47600)
Existing law provides several options to processing agencies collecting unpaid parking tickets, including filing an itemization of unpaid parking penalties and service fees with the DMV for collection with registration, so long as the agency: (Vehicle Code §40220)
- Provides a payment plan option for indigent persons that allows unpaid parking fines and fees to be paid off in monthly installments of no more than $25 for total amounts due that are $500 or less, in a period within 24 months;
- Waives all late fees and penalty assessments, exclusive of any state surcharges, if an indigent person enrolls in the payment plan. Waived fees and penalties may be reinstated if the person falls out of compliance with the payment plan;
- Limits the processing fee to participate in a payment plan to $5 or less for indigent persons and $25 or less for all other persons;
- Allows the application for indigence determination for a period of 120 days from the issuance of a notice of a parking violation, or 10 days after the administrative hearing determination, whichever is later;
Existing law requires processing agencies to rescind a filing of itemization of penalties and fees for an indigent person for one time only, if they enroll in a payment plan and pay a late fee of no more than $5.
Existing law requires processing agencies to allow a registered owner or lessee who falls out of compliance with a payment plan a one-time extension of 45 days from the date the plan becomes delinquent to resume payments before filing an itemization of unpaid penalties and service fees with the DMV.
Existing law requires a processing agency to provide information about its payment plans and the program on its internet website and via a phone number.
Existing law defines “indigent” for the purposes of this payment program to mean anyone who meets the income requirements for, or is currently on, Supplemental Security Income, Supplemental nutrition Assistance Program, Medi-Cal, or In Home Support Services.
This bill eliminates the ability to remove a vehicle form an offstreet facility because it has five or more parking tickets.
This bill limits the authority to remove or immobilize vehicles due to having six or more parking or traffic violations to traffic agents of public higher educational institutions. Such as the University of California, California State University, and the California Community Colleges.
This bill limits various sections related to notice requirements and lien sales related to vehicles impounded for unpaid parking and traffic tickets to only apply to higher education institutions. Allows all local authorities to conduct lien sales of vehicles by impounded prior to January 1, 2024.
This bill only permits processing agencies, except for higher education institutions, to file itemizations of unpaid parking penalties and service fees with the DMV for collection with registration if there are six or more unpaid parking tickets. Higher education institutions may file itemizations with any number of unpaid tickets.
This bill prohibits the DMV, beginning in January 1, 2027, from refusing to renew the registration of a vehicle due to outstanding parking tickets unless the registered owner or lessee has six or more unpaid tickets.
This bill modifies the requirements for processing agencies to be able to use the DMV for collection purposes requiring the agencies to:
- Eliminate the current $500 cap on the total amount of unpaid penalties the agency must offer installment payment plans to indigent persons;
- Provide a process to waive an unpaid parking penalty or related fee for a vehicle if the registered owner is indigent and was in custody when the penalty was pending;
- Offer a payment plan option for non-indigent persons that allows payment of an unpaid parking penalty and related fees in monthly installments over at least 12 months;
- Allow for automatic payments in the payment plans;
- Set no deadline following issuance of a parking ticket to request to participate in the payment plan.
- Mail courtesy warnings sixty days prior to filing itemization with the DMV for collection. This warning shall include information about the availability of payment plans and a website link and telephone number that provides more information about the plans;
- Provide on its website information on the availability and eligibility requirements of payment plans, how to request an indigency determination, and how to request a waiver of unpaid parking penalties;
This bill requires processing agencies to allow an indigent person who falls out of compliance with a payment plan at least four extensions of 45 days to resume payments before filing an itemization of unpaid penalties with the DMV.
This bill requires processing agencies to rescind the filing of an itemization of unpaid parking penalties and related fees an unlimited number of times if the registered owner or lessee enrolls in a payment plan and pays a late fee of at most $5.
COMMENTS
1. Need for This Bill
According to the author:
California has been a national leader in ending policies that disproportionately punish people experiencing poverty, recognizing that these laws do not make individuals more likely to pay but instead trap them in debt and create barriers to financial stability. Vehicle tows and immobilizations result in snowballing consequences that threaten people’s stability and well-being, as well as undermine our state’s economic equity goals. AB 1082 will help cities actually collect unpaid ticket fees and allow California to continue leading the way in ending poverty tows so that working families can continue to drive to work, pay their rent and bills, and provide for their families.
2. Parking enforcement
If a vehicle consistently violates parking laws California law authorizes local enforcers to immobilize, tow, or eventually impound the vehicle. If the vehicle remains unclaimed and no payment plan is entered into local agencies may perform a lien sale to recoup costs of towing and storing. If a vehicle is not removed but has outstanding parking violations an authority may also use the DMV to collect the delinquent penalties at the time of the vehicles next registration. In order to do this the authority must comply with several rules regarding offering payment plan options for the penalties, including options for indigent people that carry no late fees.
According to the DMV there are currently 692 parking agencies that may report tickets to DMV for collection with the annual registration renewal. Using a 5-year average, DMV estimates it has received approximately 1.8 million parking tickets annually. Approximately 30-40% of the parking tickets reported to DMV annually are collected by DMV during the registration renewal, as people may instead pay the parking agency directly. The DMV collected approximately $81.7 million in total parking citation bail in FY 2021/22.
Research shows that removal and impoundment of a vehicle is an effective deterrent to illegal behavior. According to the Center for Disease Control, several studies indicate that impounding a vehicle reduces rates of recidivism for driving under the influence.
However while removal and impoundment may be effective deterrents they often can be costly. Owners are more likely to abandon vehicles with a lower resale value so that the associated towing and storage fees can be greater than the city can recoup through a lien sale. According to a 2022 report by the Auditor of the City of San Diego, found their towing program cost the city about $1.5 million dollars a year. They also found that 27 percent of all tows resulted in a lien sale, leading to unrecoverable costs.
This bill removes the ability of local parking agencies to tow or immobilize a vehicle to tow or immobilize a vehicle, This bill will also make it impossible to enforce payment of tickets on out-of-state vehicles. Without a California vehicle registration local agencies lack an enforcement mechanism.
3. Towed into debt: How Towing Practices in California Punish Poor People.
A report published in 2019 by 17 legal services, public interest law, and public policy and advocacy groups notes how California’s cities attempts to regulate parking have resulted in disproportionate punishments for low income individuals. Based on an analysis of eight California cities, the report estimated that one fourth of all tows conducted are because the owner had unpaid parking or traffic tickets, lapsed registration, or for being parked in one place for 72 hours. Vehicles towed for these reasons are 2 to 6 times more likely to be sold at a lien sale than the average towed cars. The report noted that 50% of the vehicles towed in San Francisco for unpaid parking tickets and 57% of the vehicles towed for lapsed registration were sold by the tow companies, compared to only 9% of other vehicles that were towed for other reasons. In 2016, the City of San Francisco ordered more than 42,000 tows and sold more than 5,300 vehicles in lien sales. In total, the report estimated that public agencies in California towed nearly one million vehicles in 2016.
Recovering a vehicle after it has been towed is expensive. Towed into Debt notes that the average tow fee in California at the time the report was published was $189, with a $53 storage fee per day and a $150 administrative fee. After three days of storage a towing fee could come out to $499. If a vehicle was towed for having five or more unpaid parking violations or for vehicle registration purposes, the individual most also pay the unpaid parking debt and vehicle registration before they can retrieve their vehicle. For indigent individuals, fees accumulating on top of one another can create a cycle of debt where they are unable to pay back parking fines, and then receive additional fines for driving an unregistered vehicle and an increased vehicle registration fee for late payments. If their vehicle is then towed and impounded they likely will not be able to recover their vehicle, which may serve as their home or as an important resource for pursuing a job.
In recognition that these rates have the greatest negative impact on low-income individuals, some localities have considered payment alternatives. For example, the City of San Francisco in 2018 implemented a payment installment plan and certain fee waivers for qualified low-income individuals. The Legislature has also taken action. In 2015, SB 405 (Hertzberg, Chapter 385, Statutes of 2015) eliminated the requirement to pay all penalties and fines for certain traffic violations up front and allowed an individual to schedule a court hearing prior to payment. In 2017, AB 503, Lackey, (Chapter 741, Statutes of 2017) gave indigent persons the opportunity to pay down unpaid parking citations through an installment plan.
The statutory income threshold for indigency is– 125% or less of the federal poverty guidelines. Currently that income for a one-person household is $12,880 making the threshold for indegency $16,100 a year.
4. Changes to payment plans
Currently if an authority wishes to use the DMV to collect delinquent parking fees they must offer a payment plan total penalties up to $500 for indigent persons in monthly installments of no more than $25 over a period of 24 months. This bill would expand the requirement to offer a payment plan to all individuals, though it provides no requirement on the payment structure for non-indigent individuals. For indigent people this bill would remove the $500 cap the payment plan must apply to, but retain the requirement of $25 monthly installments over a maximum of 24 months. In effect this will cap the amount of fees a processing agency can claim from an indigent person at $600 – twenty-four payments of $25.
5. Authority to tow an ability to collect penalties.
In addition to provisions adding increased flexibility for indigent people this bill narrows the authority to tow, immobilize, and use the DMV to collect penalties from all people who have four or fewer outstanding tickets. It also requires the creation of monthly payment plans for nonindigent people if the agency wishes to collect through the DMV, though it sets no limit on the amount of payment in those plans. The threshold for being classified as indigent is quite low, so this policy will likely help low-income people from avoiding cycles of poverty. However it will also arguably help people who have no significant financial barrier to paying for parking violations.
6. Current court challenges to towing
There are currently legal challenges to cities’ authority to tow vehicles. The Coalition on Homelessness has filed a lawsuit against the City and County of San Francisco to challenge the current policy to tow safely and legally parked vehicles without a warrant based solely on the accrual of unpaid parking tickets. They contend theses tows are unreasonable seizures of property that violate the Fourth Amendment of the United States Constitution. A tentative opinion issued by the First Appellate District on June 16th rejected San Francisco’s arguments defending the practice. If tentative opinion aligns with the final decision it may mean that some provisions of this bill would be unnecessary or in conflict with the decision, as tows for even five or more parking tickets may not be allowed for public institutions of higher learning.
7. Double-referral
This bill was heard by and passed Senate Transportation Committee with a vote of 10-3 on June 27.
8. Argument in Support
Lawyers’ Committee for Civil Rights of the San Francisco Bay Area supports this bill stating:
Every year in California, tens of thousands of drivers get their cars towed because they can’t afford to pay their parking tickets. For low income and working households, the towing of a vehicle is often catastrophic. For many, a tow means total loss of their car because the tow and ticket fees are more than they can afford - and often more than what their car is worth. When people lose their cars they often lose their biggest personal asset, their ability to get to work, and their ability to meet their basic needs like grocery shopping, taking children to school, or going to medical appointments.
AB 1082 will prohibit towing or immobilizing a vehicle due to unpaid parking tickets, increase the number of unpaid tickets before the DMV can place a registration hold, and improve the guidelines for parking ticket payment programs. These changes together will help cities actually collect unpaid ticket fees and help working families continue to drive to work, pay their rent and bills, and provide for their families.
AB 1082 will end punitive practices that drive people further into poverty and instead help increase low-income families financial stability.
9. Argument in Opposition
The California State Sheriffs Association opposes this bill stating:
Existing law already provides significant opportunity for motorists to address unresolved parking violations. These statutes allow local governments to keep roadways safe, address the use of local streets and roads as unlawful venues for long-term storage or vehicle disposal, and ensure accountability among those who choose to violate the law. This bill would eliminate much of the motivation for people to take care of parking tickets, which creates further public safety challenges and opportunities for motorists to rack up further violations.
-- END –
SENATE COMMITTEE ON TRANSPORTATION
Senator Lena Gonzalez, Chair
2023 - 2024 Regular
Bill No: Hearing Date: 6/27/2023
Author: | Kalra | ||
Version: | 5/19/2023 > | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Jacob O'Connor | ||
SUBJECT:
DIGEST: This bill limits the authority to tow or immobilize a vehicle for having five or more unpaid parking or traffic tickets to only apply to higher education institutions. This bill also reforms requirements on processing agencies to offer payment plans for parking tickets in order to use the Department of Motor Vehicles for collection purposes.
ANALYSIS:
Existing law:
- Authorizes a peace officer or other traffic enforcer of a local jurisdiction to remove or immobilize a vehicle if it has five or more unpaid parking or traffic tickets. (Vehicle Coded Section (VEH) §22651 and §22651.7)
- Authorizes law enforcement officers to remove a vehicle if they are unable to release the vehicle to the registered owner or a driver authorized by that owner after a traffic stop or a sobriety checkpoint. (VEH §2810.2 and §2814.2)
- Authorizes a peace officer or other traffic enforcer of a local jurisdiction to remove a vehicle if many reasons including if a vehicle is: (VEH §22651)
- Left unattended upon a bridge, viaduct, causeway, or tunnel where the vehicle obstructs traffic;
- Parked on the highway so as to obstruct traffic or creates a hazard;
- Found upon a highway or public land and a report has been made that the vehicle is stolen or embezzled;
- Illegally parked to prevent access to a private driveway or to firefighting equipment and is impractical to move;
- Stopped or parked for more than four hours upon the right-of-way of a freeway and the driver cannot move the vehicle;
- Has the person in charge of the vehicle become incapacitated and unable to provide for its custody or removal;
- Has the person driving he vehicle taken into custody;
- Parked or left standing on a highway for 72 or more consecutive hours in violation of a local ordinance;
- Parked or left standing where local authorities have prohibited parking and authorized vehicle removal through resolution or ordinance; or
- Is found with a registration expiration date over six months expired, displaying registration or identification issued for a different vehicle, or is operating using autonomous technology without a valid permit;
- Authorizes the impounding of vehicles for unpaid traffic or parking tickets until the owner provides proof of payment of the tickets and authorizes the lien sale of impounded vehicles should payments not be made in a specified time. (VEH §22651)
- Authorizes the Department of Motor Vehicles (DMV) to refuse to renew the registration of a vehicle if the owner or lessee has not paid parking penalties and administrative fees (VEH §47600)
- Provides several options to processing agencies collecting unpaid parking tickets, including filing an itemization of unpaid parking penalties and service fees with the DMV for collection with registration, so long as the agency: (VEH §40220)
- Provides a payment plan option for indigent persons that allows unpaid parking fines and fees to be paid off in monthly installments of no more than $25 for total amounts due that are $500 or less, in a period within 24 months;
- Waives all late fees and penalty assessments, exclusive of any state surcharges, if an indigent person enrolls in the payment plan. Waived fees and penalties may be reinstated if the person falls out of compliance with the payment plan;
- Limits the processing fee to participate in a payment plan to $5 or less for indigent persons and $25 or less for all other persons;
- Allows the application for indigence determination for a period of 120 days from the issuance of a notice of a parking violation, or 10 days after the administrative hearing determination, whichever is later;
- Requires processing agencies to rescind a filing of itemization of penalties and fees for an indigent person for one time only, if they enroll in a payment plan and pay a late fee of no more than $5.
- Requires processing agencies to allow a registered owner or lessee who falls out of compliance with a payment plan a one-time extension of 45 days from the date the plan becomes delinquent to resume payments before filing an itemization of unpaid penalties and service fees with the DMV.
- Requires a processing agency to provide information about its payment plans and the program on its internet website and via a phone number.
- Defines “indigent” for the purposes of this payment program to mean anyone who meets the income requirements for, or is currently on, Supplemental Security Income, Supplemental nutrition Assistance Program, Medi-Cal, or In Home Support Services.
This bill:
- Limits the authority to remove or immobilize vehicles due to having five or more parking or traffic violations to traffic agents of public higher educational institutions. Such as the University of California, California State University, and the California Community Colleges.
- Limits various sections related to notice requirements and lien sales related to vehicles impounded for unpaid parking and traffic tickets to only apply to higher education institutions.
- Only permits processing agencies, except for higher education institutions, to file itemizations of unpaid parking penalties and service fees with the DMV for collection with registration if there are six or more unpaid parking tickets. Higher education institutions may file itemizations with any number of unpaid tickets.
- Modifies the requirements for processing agencies to be able to use the DMV for collection purposes requiring the agencies to:
- Eliminate the current $500 cap on the total amount of unpaid penalties the agency must offer installment payment plans to indigent persons;
- Provide a process to waive an unpaid parking penalty or related fee for a vehicle if the registered owner is indigent and was in custody when the penalty was pending;
- Offer a payment plan option for non-indigent persons that allows payment of an unpaid parking penalty and related fees in monthly installments over at least 12 months;
- Allow to for automatic payments in the payment plans;
- Set no deadline following issuance of a parking ticket to request to participate in the payment plan.
- Mail courtesy warnings sixty days prior to filing itemization with the DMV for collection. This warning shall include information about the availability of payment plans and a website link and telephone number that provide more information about the plans;
- Provide on its website information on the availability and eligibility requirements of payment plans, how to request an indigency determination, and how to request a waiver of unpaid parking penalties;
- Requires processing agencies to allow an indigent person who falls out of compliance with a payment plan at least four extensions of 45 days to resume payments before filing an itemization of unpaid penalties with the DMV.
- Requires processing agencies to rescind the filing of an itemization of unpaid parking penalties and related fees an unlimited number of times if the registered owner or lessee enrolls in a payment plan and pays a late fee of at most $5.
COMMENTS:
- Purpose of bill. According to the author, “California has been a national leader in ending policies that disproportionately punish people experiencing poverty, recognizing that these laws do not make individuals more likely to pay but instead trap them in debt and create barriers to financial stability. Vehicle tows and immobilizations result in snowballing consequences that threaten people’s stability and well-being, as well as undermine our state’s economic equity goals. AB 1082 will help cities actually collect unpaid ticket fees and allow California to continue leading the way in ending poverty tows so that working families can continue to drive to work, pay their rent and bills, and provide for their families.”
- Paying for parking. In dense, urban environments space is one of the most valuable resources. In order to support a transportation system largely designed for cars cities have traditionally tried to devote a significant portion of space to parking. Giving the high value of this space cities need mechanisms to make sure those spaces are being used effectively. Cities will often meter valuable spaces in order to incentivize shorter trips and discourage congestion. Illegal on-street parking can increase travel time and congestion. Cities use parking tickets today to reduce congestion in downtown areas, ensure local residents have a place to park, enable people to park near retail stores for a limited period of time, to prevent individuals from parking in spaces for emergency vehicles, keep open spots for people with disabilities, and ensure that non electric vehicles are not parking in spots meant for electric vehicles to charge.
- Parking enforcement. If a vehicle consistently violates parking laws California law authorizes local enforcers to immobilize, tow, or eventually impound the vehicle. If the vehicle remains unclaimed and no payment plan is entered into local agencies may perform a lien sale to recoup costs of towing and storing. If a vehicle is not removed but has outstanding parking violations an authority may also use the DMV to collect the delinquent penalties at the time of the vehicles next registration. In order to do this the authority must comply with several rules regarding offering payment plan options for the penalties, including options for indigent people that carry no late fees.
According to the DMV there are currently 692 parking agencies that may report tickets to DMV for collection with the annual registration renewal. Using a 5-year average, DMV estimates it has received approximately 1.8 million parking tickets annually. Approximately 30-40% of the parking tickets reported to DMV annually are collected by DMV during the registration renewal, as people may instead pay the parking agency directly. The DMV collected approximately $81.7 million in total parking citation bail in FY 2021/22.
Research shows that removal and impoundment of a vehicle is an effective deterrent to illegal behavior. According to the Center for Disease Control, several studies indicate that impounding a vehicle reduces rates of recidivism for driving under the influence. However while these actions may be effective deterrents they often can be costly. Owners are more likely to abandon vehicles with a lower resale value so that the associated towing and storage fees can be greater than the city can recoup through a lien sale. According to a 2022 report by the Auditor of the City of San Diego, found their towing program cost the city about $1.5 million dollars a year. They also found that 27 percent of all tows resulted in a lien sale, leading to unrecoverable costs.
- Towed into debt: How Towing Practices in California Punish Poor People. A report published in 2019 by 17 legal services, public interest law, and public policy and advocacy groups notes how California’s cities attempts to regulate parking have resulted in disproportionate punishments for low income individuals. Based on an analysis of eight California cities, the report estimated that one fourth of all tows conducted are because the owner had unpaid parking or traffic tickets, lapsed registration, or for being parked in one place for 72 hours. Vehicles towed for these reasons are 2 to 6 times more likely to be sold at a lien sale than the average towed cars. The report noted that 50% of the vehicles towed in San Francisco for unpaid parking tickets and 57% of the vehicles towed for lapsed registration were sold by the tow companies, compared to only 9% of other vehicles that were towed for other reasons. In 2016, the City of San Francisco ordered more than 42,000 tows and sold more than 5,300 vehicles in lien sales. In total, the report estimated that public agencies in California towed nearly one million vehicles in 2016.
Recovering a vehicle after it has been towed is expensive. Towed into Debt notes that the average tow fee in California at the time the report was published was $189, with a $53 storage fee per day and a $150 administrative fee. After three days of storage a towing fee could come out to $499. If a vehicle was towed for having five or more unpaid parking violations or for vehicle registration purposes, the individual most also pay the unpaid parking debt and vehicle registration before they can retrieve their vehicle. For indigent individuals, fees accumulating on top of one another can create a cycle of debt where they are unable to pay back parking fines, and then receive additional fines for driving an unregistered vehicle and an increased vehicle registration fee for late payments. If their vehicle is then towed and impounded they likely will not be able to recover their vehicle, which may serve as their home or as an important resource for pursuing a job.
In recognition that these rates have the greatest negative impact on low-income individuals, some localities have considered payment alternatives. For example, the City of San Francisco in 2018 implemented a payment installment plan and certain fee waivers for qualified low-income individuals. The Legislature has also taken action. In 2015, SB 405 (Hertzberg, Chapter 385, Statutes of 2015) eliminated the requirement to pay all penalties and fines for certain traffic violations up front and allowed an individual to schedule a court hearing prior to payment. In 2017, AB 503, Lackey, (Chapter 741, Statutes of 2017) gave indigent persons the opportunity to pay down unpaid parking citations through an installment plan.
- Payment plans with no cap. Currently if an authority wishes to use the DMV to collect delinquent parking fees they must offer a payment plan total penalties up to $500 for indigent persons of in monthly installments of no more than $25 over a period of 24 months. This bill would expand the requirement to offer a payment plan to all individuals, though it provides no requirement on the payment structure for non-indigent individuals. For indigent people this bill would remove the $500 cap the payment plan must apply to, but retain the requirement of $25 monthly installments over a maximum of 24 months. In effect this will cap the amount of fees a processing agency can claim from an indigent person at $600 – twenty-four payments of $25.
For any indigent person this is a substantial sum, likely to disincentives receiving so many tickets. However the cost of parking can be quite expensive in major cities. For example, parking meters in downtown San Francisco generally range from $2-$6 an hour and offer daily maximum rates of $29. If fortunate someone may be able to find a cheaper lot – a quick internet search provides options as around $340 a month, making the cost of paying for parking in the city for two months would be $680. Under the provisions of this bill the maximum fees that could be collected for parking tickets from an indigent person would be $600, making it cheaper to accrue tickets than pay for parking.
- Towing and collection protections for all? In addition to provisions adding increased flexibility for indigent people this bill narrows the authority to tow, immobilize, and use the DMV to collect penalties from all people who have four or fewer outstanding tickets. It also requires the creation of monthly payment plans for nonindigent people if the agency wishes to collect through the DMV, though it sets no limit on the amount of payment in those plans. The threshold for being classified is indigent is quite low, so this policy will likely help low-income people from avoiding cycles of poverty. However it will also help people who have no significant financial barrier to paying for parking violations.
Limiting local governments’ ability to enforce parking in this way creates important gaps. For example, without the ability to immobilize a vehicle for parking violations, cities will have no effective means of collecting penalties from out-of-state violators who do not register their vehicles at the California DMV. Limiting cities ability to use the DMV as a collection agency would allow some people to never pay their parking tickets. For example, one-time visitors to an area may opt not to pay for parking and receive a parking ticket knowing they will not have to worry about ultimately paying for that parking ticket when they pay their vehicle registration.
- Legal whoa! There are currently legal challenges to cities’ authority to tow vehicles. The Coalition on Homelessness has filed a lawsuit against the City and County of San Francisco to challenge the current policy to tow safely and legally parked vehicles without a warrant based solely on the accrual of unpaid parking tickets. They contend theses tows are unreasonable seizures of property that violate the Fourth Amendment of the United States Constitution. A tentative opinion issued by the First Appellate District on June 16th rejected San Francisco’s arguments defending the practice. If tentative opinion aligns with the final decision it may mean that some provisions of this bill would be rendered not only unnecessary, but illegal, as tows for even five or more parking tickets may not be allowed for public institutions of higher learning.
- Double referral. This bill has been double referred to the Senate Committee on Public Safety.
Related Legislation:
AB 925 (Ta, 2023) requires a peace officer or employee to verify with the DMV that no current vehicle registration exists before towing a vehicle for having expired registration longer than six months and prohibits the vehicle from being towed if the officer or employee does not have immediate access to those records. That bill is pending before the Senate Appropriations Committee.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee, the DMV reports it would need to reprogram its IT systems to ensure customers are billed correctly and registration renewal is withheld for payment appropriately. DMV describes this work as requiring “complex programming of its core legacy systems.”
DMV is comprehensively updating its IT systems, an undertaking DMV calls the “Enterprise Modernization Project – the Digital eXperience Project (DXP).” DMV expects DXP to last through fiscal year 2025-26. DMV warns that, were it required to implement this bill by January 1, 2024, outside of DXP, DMV need to build a temporary solution outside of its core legacy systems, programming “will be costly.”
DMV estimates the costs to both program outside the DXP effort and to reprogram DMV’s core legacy systems may range from the “low to multiple millions of dollars” (Motor Vehicle Account (MVA)).
In addition, DMV anticipates revenue loss of some amount, as the processing authorities currently remit $4 for every violation reported to DMV. DMV reports processing authorities report approximately 1.8 million parking tickets to DMV annually. If this bill reduces by 10% the number of reports processing authorities send to DMV, the annual revenue loss to the MVA would be $720,000. DMV acknowledges the bill may also result in administrative cost savings, to the extent fewer vehicle renewals are withheld for failure to pay parking tickets.
POSITIONS: (Communicated to the committee before noon on Wednesday,
>.)
SUPPORT:
ACLU California Action
All Home
Alliance for Boys and Men of Color
Asian Americans Advancing Justice-southern California
Bay Area Legal Aid
California for Safety and Justice
Californians for Safety and Justice
Center for Responsible Lending
Communities United for Restorative Youth Justice (CURYJ)
Community Legal Services in East Palo Alto
Courage California
East Bay Community Law Center
End Poverty in California (EPIC) (co-sponsor)
Family Violence Appellate Project
Freefrom
Futures Without Violence (UNREG)
Housing and Economic Rights Advocates
Housing California
Indivisible CA Statestrong
Lawyers' Committee for Civil Rights of The San Francisco Bay Area (co-sponsor)
Legal Aid Foundation of Los Angeles
Legal Aid of Marin
National Lawyers Guild San Francisco Bay Area Chapter
Neighborhood Legal Services of Los Angeles County
Public Counsel
Smart Justice California
Techequity Collaborative
Western Center on Law & Poverty, INC. (co-sponsor)
Women's Foundation California
OPPOSITION:
California Association of Highway Patrolmen
California Mobility and Parking Association
California Police Chiefs Association
California State Sheriffs' Association
City of Chino Hills
City of Pasadena
ARGUMENTS IN SUPPORT: According to the End Poverty in California, co-sponsors of the bill “Every year in California, tens of thousands of drivers get their cars towed because they can’t afford to pay their parking tickets. For low income and working households, the towing of a vehicle is often catastrophic. For many, a tow means total loss of their car because the tow and ticket fees are more than they can afford - and often more than what their car is worth. When people lose their cars, they often lose their biggest personal asset, their ability to get to work, and their ability to meet their basic needs like grocery shopping, taking children to school, or going to medical appointments. AB 1082 will prohibit towing or immobilizing a vehicle due to unpaid parking tickets, increase the number of unpaid tickets from one to eight before the DMV can place a registration hold, and improve the guidelines for parking ticket payment programs. These changes together will help cities actually collect unpaid ticket fees and help working families continue to drive to work, pay their rent and bills, and provide for their families. Moreover, by deprioritizing the enforcement of “quality of life” crimes that make it harder for individuals and families to get ahead, we believe that we can help increase low-income families' financial stability”
ARGUMENTS IN OPPOSITION: According to the California Mobility and Parking Association, “Assembly Bill 1082 would eliminate a number of parking enforcement programs’ methods to gain compliance in order to effectively manage our curb space throughout our jurisdictions. It would eliminate our ability to immobilize or impound vehicles with five or more past due citations, and prohibit the DMV from holding a vehicle’s registration unless the vehicle had 8 or more unpaid parking violations. The proposed legislation also would extend the starting eligibility for a vehicle with an expired registration to be impounded from 6 months to 1 year. Additionally, the legislation would make a host of changes to the established state mandated indigent payment plan program, including removing the deadline to apply for a payment plan, reducing penalties, allowing violators at least 4 extensions if they fall out of compliance, and requiring a payment plan option for individuals who do not qualify as indigent.”
-- END --
SENATE COMMITTEE ON TRANSPORTATION
Senator Lena Gonzalez, Chair
2023 - 2024 Regular
Bill No: Hearing Date: 6/27/2023
Author: | Kalra | ||
Version: | 6/21/2023 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Jacob O'Connor | ||
SUBJECT:
DIGEST: This bill limits the authority to tow or immobilize a vehicle for having five or more unpaid parking or traffic tickets to only apply to higher education institutions. This bill also reforms requirements on processing agencies to offer payment plans for parking tickets in order to use the Department of Motor Vehicles for collection purposes.
ANALYSIS:
Existing law:
- Authorizes a peace officer or other traffic enforcer of a local jurisdiction to remove or immobilize a vehicle if it has five or more unpaid parking or traffic tickets. (Vehicle Coded Section (VEH) §22651 and §22651.7)
- Authorizes law enforcement officers to remove a vehicle if they are unable to release the vehicle to the registered owner or a driver authorized by that owner after a traffic stop or a sobriety checkpoint. (VEH §2810.2 and §2814.2)
- Authorizes a peace officer or other traffic enforcer of a local jurisdiction to remove a vehicle in many circumstances, including if a vehicle is: (VEH §22651)
- Left unattended upon a bridge, viaduct, causeway, or tunnel where the vehicle obstructs traffic;
- Parked on the highway so as to obstruct traffic or creates a hazard;
- Found upon a highway or public land and a report has been made that the vehicle is stolen or embezzled;
- Illegally parked to prevent access to a private driveway or to firefighting equipment and is impractical to move;
- Stopped or parked for more than four hours upon the right-of-way of a freeway and the driver cannot move the vehicle;
- Without an operator because the person in charge of the vehicle became incapacitated and unable to provide for its custody or removal;
- Without an operator because the person driving the vehicle was taken into custody;
- Parked or left standing on a highway for 72 or more consecutive hours in violation of a local ordinance;
- Parked or left standing where local authorities have prohibited parking and authorized vehicle removal through resolution or ordinance; or
- Found with a registration expiration date over six months expired, displaying registration or identification issued for a different vehicle, or is operating using autonomous technology without a valid permit;
- Authorizes the impounding of vehicles for unpaid traffic or parking tickets until the owner provides proof of payment of the tickets and authorizes the lien sale of impounded vehicles should payments not be made in a specified time. (VEH §22651)
- Authorizes the Department of Motor Vehicles (DMV) to refuse to renew the registration of a vehicle if the owner or lessee has not paid parking penalties and administrative fees (VEH §47600)
- Provides several options to processing agencies collecting unpaid parking tickets, including filing an itemization of unpaid parking penalties and service fees with the DMV for collection with registration, so long as the agency: (VEH §40220)
- Provides a payment plan option for indigent persons that allows unpaid parking fines and fees to be paid off in monthly installments of no more than $25 for total amounts due that are $500 or less, in a period within 24 months;
- Waives all late fees and penalty assessments, exclusive of any state surcharges, if an indigent person enrolls in the payment plan. Waived fees and penalties may be reinstated if the person falls out of compliance with the payment plan;
- Limits the processing fee to participate in a payment plan to $5 or less for indigent persons and $25 or less for all other persons;
- Allows the application for indigence determination for a period of 120 days from the issuance of a notice of a parking violation, or 10 days after the administrative hearing determination, whichever is later;
- Requires processing agencies to rescind a filing of itemization of penalties and fees for an indigent person for one time only, if they enroll in a payment plan and pay a late fee of no more than $5.
- Requires processing agencies to allow a registered owner or lessee who falls out of compliance with a payment plan a one-time extension of 45 days from the date the plan becomes delinquent to resume payments before filing an itemization of unpaid penalties and service fees with the DMV.
- Requires a processing agency to provide information about its payment plans and the program on its internet website and via a phone number.
- Defines “indigent” for the purposes of this payment program to mean anyone who meets the income requirements for, or is currently on, Supplemental Security Income, Supplemental nutrition Assistance Program, Medi-Cal, or In Home Support Services.
This bill:
- Limits the authority to remove or immobilize vehicles due to having five or more parking or traffic violations to traffic agents of public higher educational institutions. Such as the University of California, California State University, and the California Community Colleges.
- Limits various sections related to notice requirements and lien sales related to vehicles impounded for unpaid parking and traffic tickets to only apply to higher education institutions. Allows all local authorities to conduct lien sales of vehicles by impounded prior to January 1, 2024.
- Only permits processing agencies, except for higher education institutions, to file itemizations of unpaid parking penalties and service fees with the DMV for collection with registration if there are six or more unpaid parking tickets. Higher education institutions may file itemizations with any number of unpaid tickets.
- Prohibits the DMV, beginning in January 1, 2027, from refusing to renew the registration of a vehicle due to outstanding parking tickets unless the registered owner or lessee has six or more unpaid tickets.
- Modifies the requirements for processing agencies to be able to use the DMV for collection purposes requiring the agencies to:
- Eliminate the current $500 cap on the total amount of unpaid penalties the agency must offer installment payment plans to indigent persons;
- Provide a process to waive an unpaid parking penalty or related fee for a vehicle if the registered owner is indigent and was in custody when the penalty was pending;
- Offer a payment plan option for non-indigent persons that allows payment of an unpaid parking penalty and related fees in monthly installments over at least 12 months;
- Allow for automatic payments in the payment plans;
- Set no deadline following issuance of a parking ticket to request to participate in the payment plan.
- Mail courtesy warnings sixty days prior to filing itemization with the DMV for collection. This warning shall include information about the availability of payment plans and a website link and telephone number that provides more information about the plans;
- Provide on its website information on the availability and eligibility requirements of payment plans, how to request an indigency determination, and how to request a waiver of unpaid parking penalties;
- Requires processing agencies to allow an indigent person who falls out of compliance with a payment plan at least four extensions of 45 days to resume payments before filing an itemization of unpaid penalties with the DMV.
- Requires processing agencies to rescind the filing of an itemization of unpaid parking penalties and related fees an unlimited number of times if the registered owner or lessee enrolls in a payment plan and pays a late fee of at most $5.
COMMENTS:
- Purpose of bill. According to the author, “California has been a national leader in ending policies that disproportionately punish people experiencing poverty, recognizing that these laws do not make individuals more likely to pay but instead trap them in debt and create barriers to financial stability. Vehicle tows and immobilizations result in snowballing consequences that threaten people’s stability and well-being, as well as undermine our state’s economic equity goals. AB 1082 will help cities actually collect unpaid ticket fees and allow California to continue leading the way in ending poverty tows so that working families can continue to drive to work, pay their rent and bills, and provide for their families.”
- Paying for parking. In dense, urban environments space is one of the most valuable resources. In order to support a transportation system largely designed for cars cities have traditionally tried to devote a significant portion of space to parking. Giving the high value of this space cities need mechanisms to make sure those spaces are being used effectively. Cities will often meter valuable spaces in order to incentivize shorter trips and discourage congestion. Illegal on-street parking can increase travel time and congestion. Cities use parking tickets today to reduce congestion in downtown areas, ensure local residents have a place to park, enable people to park near retail stores for a limited period of time, to prevent individuals from parking in spaces for emergency vehicles, keep open spots for people with disabilities, and ensure that non electric vehicles are not parking in spots meant for electric vehicles to charge.
- Parking enforcement. If a vehicle consistently violates parking laws California law authorizes local enforcers to immobilize, tow, or eventually impound the vehicle. If the vehicle remains unclaimed and no payment plan is entered into local agencies may perform a lien sale to recoup costs of towing and storing. If a vehicle is not removed but has outstanding parking violations an authority may also use the DMV to collect the delinquent penalties at the time of the vehicles next registration. In order to do this the authority must comply with several rules regarding offering payment plan options for the penalties, including options for indigent people that carry no late fees.
According to the DMV there are currently 692 parking agencies that may report tickets to DMV for collection with the annual registration renewal. Using a 5-year average, DMV estimates it has received approximately 1.8 million parking tickets annually. Approximately 30-40% of the parking tickets reported to DMV annually are collected by DMV during the registration renewal, as people may instead pay the parking agency directly. The DMV collected approximately $81.7 million in total parking citation bail in FY 2021/22.
Research shows that removal and impoundment of a vehicle is an effective deterrent to illegal behavior. According to the Center for Disease Control, several studies indicate that impounding a vehicle reduces rates of recidivism for driving under the influence. By removing local parking agencies’ ability to tow or immobilize a vehicle, this bill limits local jurisdictions’ ability to effectively manage valuable parking space. In particular this bill will make it impossible to enforce payment of tickets on out-of-state vehicles. Without a California vehicle registration local agencies lack an enforcement mechanism.
However while removal and impoundment may be effective deterrents they often can be costly. Owners are more likely to abandon vehicles with a lower resale value so that the associated towing and storage fees can be greater than the city can recoup through a lien sale. According to a 2022 report by the Auditor of the City of San Diego, found their towing program cost the city about $1.5 million dollars a year. They also found that 27 percent of all tows resulted in a lien sale, leading to unrecoverable costs.
- Towed into debt: How Towing Practices in California Punish Poor People. A report published in 2019 by 17 legal services, public interest law, and public policy and advocacy groups notes how California’s cities attempts to regulate parking have resulted in disproportionate punishments for low income individuals. Based on an analysis of eight California cities, the report estimated that one fourth of all tows conducted are because the owner had unpaid parking or traffic tickets, lapsed registration, or for being parked in one place for 72 hours. Vehicles towed for these reasons are 2 to 6 times more likely to be sold at a lien sale than the average towed cars. The report noted that 50% of the vehicles towed in San Francisco for unpaid parking tickets and 57% of the vehicles towed for lapsed registration were sold by the tow companies, compared to only 9% of other vehicles that were towed for other reasons. In 2016, the City of San Francisco ordered more than 42,000 tows and sold more than 5,300 vehicles in lien sales. In total, the report estimated that public agencies in California towed nearly one million vehicles in 2016.
Recovering a vehicle after it has been towed is expensive. Towed into Debt notes that the average tow fee in California at the time the report was published was $189, with a $53 storage fee per day and a $150 administrative fee. After three days of storage a towing fee could come out to $499. If a vehicle was towed for having five or more unpaid parking violations or for vehicle registration purposes, the individual most also pay the unpaid parking debt and vehicle registration before they can retrieve their vehicle. For indigent individuals, fees accumulating on top of one another can create a cycle of debt where they are unable to pay back parking fines, and then receive additional fines for driving an unregistered vehicle and an increased vehicle registration fee for late payments. If their vehicle is then towed and impounded they likely will not be able to recover their vehicle, which may serve as their home or as an important resource for pursuing a job.
In recognition that these rates have the greatest negative impact on low-income individuals, some localities have considered payment alternatives. For example, the City of San Francisco in 2018 implemented a payment installment plan and certain fee waivers for qualified low-income individuals. The Legislature has also taken action. In 2015, SB 405 (Hertzberg, Chapter 385, Statutes of 2015) eliminated the requirement to pay all penalties and fines for certain traffic violations up front and allowed an individual to schedule a court hearing prior to payment. In 2017, AB 503, Lackey, (Chapter 741, Statutes of 2017) gave indigent persons the opportunity to pay down unpaid parking citations through an installment plan.
The statutory income threshold for indigency is low – 125% or less of the federal poverty guidelines. Currently that income for a one-person household is $12,880 making the threshold for indegency $16,100 a year. Supporters and the author have argued that this threshold excludes many people who would be pulled into poverty by unpaid tickets. The author and committee may wish to amend the bill to raise the income threshold for indigency to 300% or less of the federal poverty guidelines.
- Payment plans with no cap. Currently if an authority wishes to use the DMV to collect delinquent parking fees they must offer a payment plan total penalties up to $500 for indigent persons in monthly installments of no more than $25 over a period of 24 months. This bill would expand the requirement to offer a payment plan to all individuals, though it provides no requirement on the payment structure for non-indigent individuals. For indigent people this bill would remove the $500 cap the payment plan must apply to, but retain the requirement of $25 monthly installments over a maximum of 24 months. In effect this will cap the amount of fees a processing agency can claim from an indigent person at $600 – twenty-four payments of $25.
For any indigent person this is a substantial sum, likely to disincentive receiving so many tickets. However the cost of parking can be quite expensive in major cities. For example, parking meters in downtown San Francisco generally range from $2-$6 an hour and offer daily maximum rates of $29. If fortunate someone may be able to find a cheaper lot – a quick internet search provides options as around $340 a month, making the cost of paying for parking in the city for two months $680. Under the provisions of this bill the maximum fees that could be collected for parking tickets from an indigent person would be $600, making it cheaper to accrue tickets than pay for parking. The author may wish to consider amending the bill to reinstate the cap at $600 rather than eliminating it completely.
- Towing and collection protections for all? In addition to provisions adding increased flexibility for indigent people this bill narrows the authority to tow, immobilize, and use the DMV to collect penalties from all people who have four or fewer outstanding tickets. It also requires the creation of monthly payment plans for nonindigent people if the agency wishes to collect through the DMV, though it sets no limit on the amount of payment in those plans. The threshold for being classified as indigent is quite low, so this policy will likely help low-income people from avoiding cycles of poverty. However it will also help people who have no significant financial barrier to paying for parking violations.
Limiting local governments’ ability to enforce parking in this way creates important gaps. For example, without the ability to immobilize a vehicle for parking violations, cities will have no effective means of collecting penalties from out-of-state violators who do not register their vehicles at the California DMV. Limiting cities ability to use the DMV as a collection agency would allow some people to never pay their parking tickets. For example, one-time visitors to an area may opt not to pay for parking and receive a parking ticket knowing they will not have to worry about ultimately paying for that parking ticket when they pay their vehicle registration. The committee and author may wish to amend the bill to lower the number of tickets required to use the DMV to collect unpaid tickets from six to three.
- Legal whoa! There are currently legal challenges to cities’ authority to tow vehicles. The Coalition on Homelessness has filed a lawsuit against the City and County of San Francisco to challenge the current policy to tow safely and legally parked vehicles without a warrant based solely on the accrual of unpaid parking tickets. They contend theses tows are unreasonable seizures of property that violate the Fourth Amendment of the United States Constitution. A tentative opinion issued by the First Appellate District on June 16th rejected San Francisco’s arguments defending the practice. If tentative opinion aligns with the final decision it may mean that some provisions of this bill would be unnecessary or in conflict with the decision, as tows for even five or more parking tickets may not be allowed for public institutions of higher learning.
- Double referral. This bill has been double referred to the Senate Committee on Public Safety.
Related Legislation:
AB 925 (Ta, 2023) requires a peace officer or employee to verify with the DMV that no current vehicle registration exists before towing a vehicle for having expired registration longer than six months and prohibits the vehicle from being towed if the officer or employee does not have immediate access to those records. That bill is pending before the Senate Appropriations Committee.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee, the DMV reports it would need to reprogram its IT systems to ensure customers are billed correctly and registration renewal is withheld for payment appropriately. DMV describes this work as requiring “complex programming of its core legacy systems.”
DMV is comprehensively updating its IT systems, an undertaking DMV calls the “Enterprise Modernization Project – the Digital eXperience Project (DXP).” DMV expects DXP to last through fiscal year 2025-26. DMV warns that, were it required to implement this bill by January 1, 2024, outside of DXP, DMV need to build a temporary solution outside of its core legacy systems, programming “will be costly.”
DMV estimates the costs to both program outside the DXP effort and to reprogram DMV’s core legacy systems may range from the “low to multiple millions of dollars” (Motor Vehicle Account (MVA)).
In addition, DMV anticipates revenue loss of some amount, as the processing authorities currently remit $4 for every violation reported to DMV. DMV reports processing authorities report approximately 1.8 million parking tickets to DMV annually. If this bill reduces by 10% the number of reports processing authorities send to DMV, the annual revenue loss to the MVA would be $720,000. DMV acknowledges the bill may also result in administrative cost savings, to the extent fewer vehicle renewals are withheld for failure to pay parking tickets.
POSITIONS: (Communicated to the committee before noon on Wednesday,
June 21st.)
SUPPORT:
ACLU California Action
All Home
Alliance for Boys and Men of Color
Asian Americans Advancing Justice-southern California
Bay Area Legal Aid
California for Safety and Justice
California Partnership to End Domestic Violence
Californians for Safety and Justice
Center for Responsible Lending
Communities United for Restorative Youth Justice (CURYJ)
Community Legal Services in East Palo Alto
Courage California
East Bay Community Law Center
End Poverty in California (EPIC)
Equal Rights Advocates
Family Violence Appellate Project
Freefrom
Futures Without Violence (UNREG)
Housing and Economic Rights Advocates
Housing California
Indivisible CA Statestrong
Lawyers' Committee for Civil Rights of The San Francisco Bay Area
Legal Aid Foundation of Los Angeles
Legal Aid of Marin
National Lawyers Guild San Francisco Bay Area Chapter
Neighborhood Legal Services of Los Angeles County
Public Counsel
Smart Justice California
Techequity Collaborative
Voices for Progress Education Fund
Western Center on Law & Poverty, INC.
Women's Foundation California
OPPOSITION:
California Association of Highway Patrolmen
California Mobility and Parking Association
California Police Chiefs Association
California State Sheriffs' Association
Chino Hills; City of
City of Pasadena
Peace Officers Research Association of California (PORAC)
ARGUMENTS IN SUPPORT: According to the End Poverty in California, co-sponsors of the bill “Every year in California, tens of thousands of drivers get their cars towed because they can’t afford to pay their parking tickets. For low income and working households, the towing of a vehicle is often catastrophic. For many, a tow means total loss of their car because the tow and ticket fees are more than they can afford - and often more than what their car is worth. When people lose their cars, they often lose their biggest personal asset, their ability to get to work, and their ability to meet their basic needs like grocery shopping, taking children to school, or going to medical appointments. AB 1082 will prohibit towing or immobilizing a vehicle due to unpaid parking tickets, increase the number of unpaid tickets from one to eight before the DMV can place a registration hold, and improve the guidelines for parking ticket payment programs. These changes together will help cities actually collect unpaid ticket fees and help working families continue to drive to work, pay their rent and bills, and provide for their families. Moreover, by deprioritizing the enforcement of “quality of life” crimes that make it harder for individuals and families to get ahead, we believe that we can help increase low-income families' financial stability”
ARGUMENTS IN OPPOSITION: According to the California Mobility and Parking Association, “Assembly Bill 1082 would eliminate a number of parking enforcement programs’ methods to gain compliance in order to effectively manage our curb space throughout our jurisdictions. It would eliminate our ability to immobilize or impound vehicles with five or more past due citations, and prohibit the DMV from holding a vehicle’s registration unless the vehicle had 8 or more unpaid parking violations. The proposed legislation also would extend the starting eligibility for a vehicle with an expired registration to be impounded from 6 months to 1 year. Additionally, the legislation would make a host of changes to the established state mandated indigent payment plan program, including removing the deadline to apply for a payment plan, reducing penalties, allowing violators at least 4 extensions if they fall out of compliance, and requiring a payment plan option for individuals who do not qualify as indigent.”
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1082
Author:(Kalra)
As Amended Ver:May 19, 2023
Majority vote
SUMMARY
Limits the authority to tow a vehicle or install a device designed to immobilize a vehicle for having five or more unpaid parking tickets or traffic tickets to only apply to higher education institutions and makes various reforms to requirements on processing agencies to offer payment plans for parking tickets in order to use the Department of Motor Vehicles (DMV) for collection purposes.
Major Provisions
- Limits various sections related to notice requirements and lien sales related to vehicles impoundment for reasons related to unpaid parking and traffic tickets to only apply to higher education institutions like the University of California, California State University and the California Community Colleges.
- Only permits processing agencies, except for institutions of higher learning, to submit unpaid parking tickets to DMV for collections purposes if there are six or more unpaid parking tickets.
- Requires processing agencies to offer installment payment plans to indigent persons regardless of the total amount of parking tickets owed to the processing agency if they want to use DMV for collections purposes.
- Removes the restriction on a person to file a request to participate in a payment plan in a period of 120 calendar days from the issuance of a notice of parking violation or 10 days after the administrative hearing determination and makes various changes related to this change that have to be posted on the processing agencies website if they want to use DMV for collections purposes.
- Requires a processing agency to waive an unpaid parking penalty, including a service fee or late fee, for a vehicle if the registered owner was in custody in a juvenile facility, county jail, or state prison when the penalty was pending if they want to use DMV for collections purposes.
- Requires a processing agency to offer a payment plan option for persons other than indigent persons that does all of the following if they want to use DMV for collections purposes:
- Allows payment of an unpaid parking penalty and related service fees in monthly installments over a period of at least 12 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
- Allows for automatic payments.
- Limits the processing fee to participate in the payment plan to twenty-five dollars ($25) or less.
- Does not set a deadline following the issuance of a parking ticket for a person to file a request to participate in a payment plan.
- Requires a processing agency to provide a courtesy warning notice to the registered vehicle owner 60 days prior to filing an itemization with DMV if they want to use DMV for collections purposes.
COMMENTS
This bill attempts to remedy the financial harms that may come from an inability to pay by removing the authority to tow a vehicle for unpaid parking and traffic tickets, removing the authority to immobilize a vehicle for having unpaid parking tickets, restricting processing agencies from using DMV for collections purposes until the vehicle has accumulated six or more parking tickets, and making it easier for all persons (including indigent persons) to enroll in payment plans for parking tickets.
Under current law, local agencies can use DMV to collect unpaid debt on parking tickets, by requiring full payment of unpaid parking tickets and related fees in order for a person to renew their vehicle's registration. After six months, a vehicle can be towed for an expired registration. For indigent individuals, fees accumulating on top of one another can create a cycle of debt where they are unable to pay back parking fines, and then receive additional fines for driving an unregistered vehicle and an increased vehicle registration fee for late payments.
The cost of late payment of a parking ticket could easily spiral out of control for an indigent person. In San Francisco, the parking ticket for overstaying in a residential zone is $102 and the fine for failing to move your car during street cleaning is $90. If someone is unable to pay that ticket on time, the late fee adds an additional $53. If San Francisco then were to ask DMV to collect the unpaid debt, DMV would add the entire cost of the outstanding parking ticket and fines to vehicle registration fees. If someone were unable to pay this amount all at once on top of their vehicle registration fees, late fees for vehicle registration increase by 60% of the original fee for payments over 30 days late, which can increase the registration fee as much as $100. If a person is then pulled over for having an unregistered vehicle, the fine for driving unregistered vehicles is currently $285. All totaled, these fines and late fees alone add up to $540. This would amount to over a third of a single individual's monthly income if they made the maximum amount of money to be eligible for Medi-Cal.
Recovering a vehicle after it has been towed is expensive. Towed into Debt notes that the average tow fee in California is $189, with a $53 storage fee per day and a $150 administrative fee. After three days of storage a towing fee could come out to $499. If a vehicle was towed for having five or more unpaid parking violations or for vehicle registration purposes, the individual must also pay the unpaid parking debt and vehicle registration before they can retrieve their vehicle.
According to Towed into Debt, the average lien sale of a vehicle towed for parking tickets or registration is $797.17, more than $400 less than the cost recovery of a vehicle stowed for only three days, and $2,400 less than the fees owed at the time of the sale. The average sale of these cars results in no revenue for the local authority who authorized the tow to begin with.
Cities use parking tickets to manage congestion. The parking meter was invented in 1935 in Oklahoma City. According to the Encyclopedia of Oklahoma History and Culture, "
The problem was that people worked downtown occupied all of the parking spots every day, forcing retail customers to park far away from stores. The city had placed time limits on parking, with enforcement performed by traffic policy who chalked tires, marked time, and gave tickets on hourly rounds. The parking situation came under scrutiny by the Oklahoma City of Chamber of Commerce in 1932. Appointed chair of the Traffic Committee, Magee assumed the task of solving the problem. Magee decided that the situation required the invention of a small, windable, inexpensively made, mechanical device to "time" the use of each parking space….on July 16, 1935, 175 meters were installed and tested on fourteen blocks in Oklahoma City, and when the system proved successful, the city placed meters all over downtown.
The impact of the parking meter was threefold. First, it straightened out Oklahoma City's parking problem. Second, it brought revenue into the city coffers through meter money and parking fines. Third, it stimulated a huge growth in assessed valuation of downtown commercial property."
Cities use parking tickets today to reduce congestion in downtown areas, ensure local residents have a place to park, enable people to park near retail stores for a limited period of time, to prevent individuals from parking in spaces for emergency vehicles, keep open spots for people with disabilities, and ensure that non electric vehicles are not parking in spots meant for electric vehicles to charge. Under this bill, agencies will be left with few effective mechanisms to bolster compliance with posted parking rules.
The problem with free parking: Most parking in the United States is free. In order to accommodate car use, cities have dedicated exorbitant amounts of land to cars. The County of Los Angeles has dedicated around 200 square miles to parking, the land mass of Brooklyn, Manhattan, San Francisco, and the Bronx combined (home to 6.5 million people).
University of California Los Angeles urban planner Donald Shoup in his book The High Cost of Free Parking describes parking as "desirable in most locations, but you can have too much of a good thing. The principle that 'the dose makes the poison' applies perfectly to parking. By prescribing massive overdoses of parking spaces, planners are poisoning the city. Planning for parking has caused severe adverse reactions, and if a policy is judges by its consequences, off-street parking requirements are a catastrophe….The many significant costs related to current parking policies (e.g., increased housing prices, unjust subsidies for cars, distorted transportation choices, sprawl, social inequity, and economic and environmental degradation) are not a consideration."
According to the Author
"California has been a national leader in ending policies that disproportionately punish people experiencing poverty, recognizing that these laws do not make individuals more likely to pay but instead trap them in debt and create barriers to financial stability. Vehicle tows and immobilizations result in snowballing consequences that threaten people's stability and well-being, as well as undermine our state's economic equity goals. AB 1082 will help cities actually collect unpaid ticket fees and allow California to continue leading the way in ending poverty tows so that working families can continue to drive to work, pay their rent and bills, and provide for their families."
Arguments in Support
According to Western Center on Law and Poverty, a co-sponsor of this bill, "The impact of excessive debt, license suspensions, towing, and DMV registration holds has had a devastating financial impact on low-income communities. These collective policies have stripped billions of dollars in resources from our poorest families leading to the loss of their vehicle, their ability to get to work, and their ability to meet their basic needs like grocery shopping, taking children to school, or going to medical appointments. It has also left a trail of debt for those unable to pay the fines and fees, with approximately $8 billion owed to courts for unpaid traffic tickets."
Arguments in Opposition
The California Mobility and Parking Association argues "As a parking professional, I have deep concerns that this legislation will have the unintended consequence of neutralizing parking enforcement efforts. At their fundamental core, parking enforcement programs are designed to ensure compliance of local and state parking regulations to facilitate availability of parking spaces throughout the city, which supports local businesses and events. Many agencies have conducted extensive research to determine appropriate permitted parking spaces for residential areas to ensure available parking for residents, as well as time-limited parking in business and high turnover zones to assist tourism and commerce to generate sales tax revenue for our schools, public safety, and other universal municipal services. Local governments also adopt and enforce parking rules related to street sweeping, tree trimming, sidewalk repair and public transportation zones.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, "The DMV reports it would need to reprogram its IT systems to ensure customers are billed correctly and registration renewal is withheld for payment appropriately. DMV describes this work as requiring "complex programming of its core legacy systems."
DMV is comprehensively updating its IT systems, an undertaking DMV calls the "Enterprise Modernization Project – the Digital eXperience Project (DXP)." DMV expects DXP to last through fiscal year 2025-26. DMV warns that, were it required to implement this bill by January 1, 2024, outside of DXP, DMV need to build a temporary solution outside of its core legacy systems, programming "will be costly."
DMV estimates the costs to both program outside the DXP effort and to reprogram DMV's core legacy systems may range from the "low to multiple millions of dollars" (Motor Vehicle Account (MVA)).
The author might reduce some of DMV's cost by delaying the effective date of the bill beyond completion of DXP, that is, until after fiscal year 2025-26.
In addition, DMV anticipates revenue loss of some amount, as the processing authorities currently remit $4 for every violation reported to DMV. DMV reports processing authorities report approximately 1.8 million parking tickets to DMV annually. If this bill reduces by 10% the number of reports processing authorities send to DMV, the annual revenue loss to the MVA would be $720,000. DMV acknowledges the bill may also result in administrative cost savings, to the extent fewer vehicle renewals are withheld for failure to pay parking tickets.
VOTES
ASM TRANSPORTATION: 11-2-2
YES: Friedman, Berman, Juan Carrillo, Gipson, Hart, Jackson, Kalra, Lowenthal, Stephanie Nguyen, Ward, Wicks
NO: Davies, Sanchez
ABS, ABST OR NV: Vince Fong, Wallis
ASM APPROPRIATIONS: 11-4-1
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega
NO: Megan Dahle, Dixon, Mathis, Sanchez
ABS, ABST OR NV: Robert Rivas
UPDATED
VERSION: May 19, 2023
CONSULTANT: David Sforza / TRANS. / (916) 319-2093 FN: 0000923
Date of Hearing: May 17, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 1082
Author:(Kalra) – As Amended Ver:March 21, 2023
Policy Committee: | Transportation | Vote: | 11 - 2 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill prohibits the towing and impounding of, or the immobilization of, a vehicle for unpaid parking citations and revises the requirements governing payment plans for unpaid parking citations.
Specifically, this bill:
- Strikes provisions of existing law, and related provisions, that allow a peace officer or a traffic enforcement employee to tow and impound, or immobilize, a vehicle that has five or more unpaid parking tickets.
- Revises the requirements a processing agency, such as a local government or state agency, must meet to be able to report the unpaid parking citations to the Department of Motor Vehicles (DMV) for collection, as follows:
- Requires a subject vehicle have six or more unpaid parking citations.
- Requires a plan to pay the unpaid parking penalties, which current law requires a processing agency offer before it may report unpaid parking citations to DMV, to (i) not set a deadline following the issuance of a parking ticket for a person to file a request to participate in a payment plan and (ii) allow for automatic payments.
- Regarding any such plan for a person who qualifies as indigent: (i) removes the requirement that such a payment plan allow for the payment of unpaid parking penalties and related service fees only for total payments that total $500 or less; (ii) requires the processing agency offering such a payment plan to reduce the total amount due so that it may be paid off within 24 months; and allows such a person who falls out of compliance with the payment plan at least four extensions of 45 days from the date the person’s payments become delinquent to resume payments.
- Regarding a payment plan for a person who does not qualify as indigent: allows payment of unpaid parking penalties over a period of 12 months.
- Provides a process to waive an unpaid parking penalty for a vehicle if the registered owner was in custody when the penalty was pending.
- Make various notification requirements regarding the availability of the payment plan and participation in it.
FISCAL EFFECT:
The DMV reports it would need to reprogram its IT systems to ensure customers are billed correctly and registration renewal is withheld for payment appropriately. DMV describes this work as requiring “complex programming of its core legacy systems.”
DMV is comprehensively updating its IT systems, an undertaking DMV calls the “Enterprise Modernization Project – the Digital eXperience Project (DXP).” DMV expects DXP to last through fiscal year 2025-26. DMV warns that, were it required to implement this bill by January 1, 2024, outside of DXP, DMV need to build a temporary solution outside of its core legacy systems, programming “will be costly.”
DMV estimates the costs to both program outside the DXP effort and to reprogram DMV’s core legacy systems may range from the “low to multiple millions of dollars” (Motor Vehicle Account (MVA)).
The author might reduce some of DMV’s cost by delaying the effective date of the bill beyond completion of DXP, that is, until after fiscal year 2025-26.
In addition, DMV anticipates revenue loss of some amount, as the processing authorities currently remit $4 for every violation reported to DMV. DMV reports processing authorities report approximately 1.8 million parking tickets to DMV annually. If this bill reduces by 10% the number of reports processing authorities send to DMV, the annual revenue loss to the MVA would be $720,000. DMV acknowledges the bill may also result in administrative cost savings, to the extent fewer vehicle renewals are withheld for failure to pay parking tickets.
COMMENTS:
- Purpose. According to the author:
California has been a national leader in ending policies that disproportionately punish people experiencing poverty, recognizing that these laws do not make individuals more likely to pay but instead trap them in debt and create barriers to financial stability. Vehicle tows and immobilizations result in snowballing consequences that threaten people’s stability and well-being, as well as undermine our state’s economic equity goals. AB 1082 will help cities actually collect unpaid ticket fees and allow California to continue leading the way in ending poverty tows so that working families can continue to drive to work, pay their rent and bills, and provide for their families.
- Background. Current law authorizes a peace officer or a traffic and parking enforcement employee to tow and impound a vehicle that has five or more unpaid parking citations (tickets). To retrieve the vehicle from impound, the owner of the vehicle must (a) present to the impounding agency proof that parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle, and all traffic violations of the registered owner, have been cleared and (b) pay all costs of towing and storing the vehicle. The law allows the lot owner to sell an impounded vehicle at auction if it is unclaimed for a period of time, usually 30 days, and subtract from sale proceeds any fees due the lot owner.
In addition, existing law allows an agency that issues parking tickets to report any unpaid parking tickets and related fees to DMV, which will require collection of the unpaid fees before allowing the registered owner to register the vehicle. However, the ticketing agency may report the unpaid tickets to DMV for collection only if it first provides a payment plan option for indigent persons that allows payment of unpaid parking penalties and related service fees in monthly installments of no more than $25 for total amounts due that are $500 or less and that can be paid off within 24 months, among many other requirements.
This bill prohibits the towing of a vehicle for unpaid parking tickets and revises the statute governing the actions a ticketing agency to report unpaid parking tickets to DMV for collection. Generally, these revisions require a subject vehicle have six or more unpaid parking citations before the ticketing agency may report it to DMV for collections, make less stringent the requirements of a payment plan in which an indigent person may enroll to pay unpaid parking tickets and requires creation of a payment plan option for a person who does not qualify as indigent.
The Assembly has approved several bills in recent years that attempt to limit the financial harm caused to people, especially poorer people, as a result of not paying parking tickets.
- Support and Opposition. The bill is supported by a long list of organizations, including the Western Center on Law and Poverty, which cites the report “Towed Into Debt” and asserts “AB 1082 will end punitive practices that drive people further into poverty and instead help increase low-income families’ financial stability.”
The bill is opposed by the California State Sheriff’s Association and the City of Pasadena, the latter of which writes of “dire” and “catastrophic” consequences if AB 1082 becomes law, specifically eliminating the ability of the city to regulate its curb space.
Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081
Date of Hearing: March 27, 2023
ASSEMBLY COMMITTEE ON TRANSPORTATION
Laura Friedman, Chair
ABPCA Bill Id:AB 1082 (
Author:Kalra) – As Amended Ver:March 21, 2023
SUBJECT: Authority to remove vehicles
SUMMARY: Repeals the authority to tow a vehicle or install a device designed to immobilize a vehicle for having five or more unpaid parking tickets or traffic tickets and makes various reforms to requirements on processing agencies to offer payment plans for parking tickets in order to use the Department of Motor Vehicles (DMV) for collection purposes. Specifically, this bill:
- Repeals various sections related to notice requirements and lien sales related to vehicles impoundment for reasons related to unpaid parking and traffic tickets.
- Requires processing agencies to offer installment payment plans to indigent persons regardless of the total amount of parking tickets owed to the processing agency if they want to use DMV for collections purposes.
- Removes the restriction on a person to file a request to participate in a payment plan in a period of 120 calendar days from the issuance of a notice of parking violation or 10 days after the administrative hearing determination and makes various changes related to this change that have to be posted on the processing agencies website if they want to use DMV for collections purposes.
- Requires a processing agency to waive an unpaid parking penalty, including a service fee or late fee, for a vehicle if the registered owner was in custody in a juvenile facility, county jail, or state prison when the penalty was pending if they want to use DMV for collections purposes.
- Requires a processing agency to offer a payment plan option for persons other than indigent persons that does all of the following if they want to use DMV for collections purposes:
- Allows payment of an unpaid parking penalty and related service fees in monthly installments over a period of at least 12 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring.
- Allows for automatic payments.
- Limits the processing fee to participate in the payment plan to twenty-five dollars ($25) or less.
- Does not set a deadline following the issuance of a parking ticket for a person to file a request to participate in a payment plan.
- Requires a processing agency to provide a courtesy warning notice to the registered vehicle owner 60 days prior to filing an itemization with DMV if they want to use DMV for collections purposes.
EXISTING LAW:
- Authorizes a peace officer or 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 if it has five or more unpaid parking or traffic tickets (Vehicle Code Section (VEH) 22651)
- Places requirements on proof of payment in order to retrieve the vehicle if it was impounded for unpaid traffic or parking tickets and authorizes the lien sale of impounded vehicles should payments not be made in a specified time (VEH 22651)
- Provides several options to processing agencies collecting unpaid parking penalties for tickets, including filing an itemization of unpaid parking penalties and service fees with DMV for collection with the registration of a vehicle, so long as the processing agency:
- Provides a payment plan option for indigent persons, as defined, that allows unpaid parking fines and fees to be paid off in monthly installments of no more than $25 for total amounts due that are $500 or less, in a period within 24 months. No prepayment penalty for paying off the balance prior to the payment period may be accessed.
- Waives all late fees and penalty assessments, exclusive of any state surcharges, as defined, if an indigent person enrolls in the payment plan. Waived late fees and penalty assessments may be reinstated if the person falls out of compliance with the payment plan.
- Limits the processing fee to participate in a payment plan to $5 or less for indigent persons and $25 or less for all other persons. The processing fee may be added to the payment plan amount at the discretion of the payee; and,
- Allows the application for indigency determination for a period of 120 calendar days from the issuance of a notice of parking violation, or 10 days after the administrative hearing determination, whichever is later (VEH 40220)
- Requires a processing agency to allow a registered owner or lessee who falls out of compliance with a payment plan a one-time extension of 45 calendar days from the date the plan becomes delinquent to resume payments before the processing agency files an itemization of unpaid parking penalties and service fees with DMV. (VEH 40220).
- Requires a processing agency to include information regarding its payment plan option above on its public website, and a web page link and telephone number to more information on the program (VEH 40220)
- Defines “indigent” for the purposes of this section to mean anyone who meets the income requirements for or is currently on several public assistance programs, including: Supplemental Security Income (SSI), Supplemental Nutrition Assistance Program (SNAP, or more commonly known as food stamps), Medi-Cal or IHSS (VEH 40220).
FISCAL EFFECT: Unknown
COMMENTS: California law authorizes the government to impound and eventually sell your vehicle for failing to pay parking tickets and traffic tickets. Unpaid parking and toll violations can be placed on a person’s vehicle registration, compounding a person’s potential inability to pay their vehicle registration, which may also result in their vehicle being impounded if the registration is not paid within six months.
This bill attempts to remedy the financial harms that may come from an inability to pay by removing the authority to tow a vehicle for unpaid parking and traffic tickets, removing the authority to immobilize a vehicle for having unpaid parking tickets, restricting processing agencies from using DMV for collections purposes until the vehicle has accumulated six or more parking tickets, and making it easier for all persons (including indigent persons) to enroll in payment plans for parking tickets.
According to the author, “California has been a national leader in ending policies that disproportionately punish people experiencing poverty, recognizing that these laws do not make individuals more likely to pay but instead trap them in debt and create barriers to financial stability. Vehicle tows and immobilizations result in snowballing consequences that threaten people’s stability and well-being, as well as undermine our state’s economic equity goals. AB 1082 will help cities actually collect unpaid ticket fees and allow California to continue leading the way in ending poverty tows so that working families can continue to drive to work, pay their rent and bills, and provide for their families.”
The cost of fines and fees associated with traffic and parking citations has steadily increased over the last few decades. After adding on fees to base fines, tickets can total in the hundreds of dollars. Add-on fees for minor offenses double or quadruple the original fine, and until recently California suspended driver’s licenses for failure to pay traffic fines.
Under current law, local agencies can use DMV to collect unpaid debt on parking tickets, by requiring full payment of unpaid parking tickets and related fees in order for a person to renew their vehicle’s registration. After six months, a vehicle can be towed for an expired registration. For indigent individuals, fees accumulating on top of one another can create a cycle of debt where they are unable to pay back parking fines, and then receive additional fines for driving an unregistered vehicle and an increased vehicle registration fee for late payments.
The cost of late payment of a parking ticket could easily spiral out of control for an indigent person. In San Francisco, the parking ticket for overstaying in a residential zone is $102 and the fine for failing to move your car during street cleaning is $90. If someone is unable to pay that ticket on time, the late fee adds an additional $53. If San Francisco then were to ask DMV to collect the unpaid debt, DMV would add the entire cost of the outstanding parking ticket and fines to vehicle registration fees. If someone were unable to pay this amount all at once on top of their vehicle registration fees, late fees for vehicle registration increase by 60% of the original fee for payments over 30 days late, which can increase the registration fee as much as $100. If a person is then pulled over for having an unregistered vehicle, the fine for driving unregistered vehicles is currently $285. All totaled, these fines and late fees alone add up to $540. This would amount to over a third of a single individual’s monthly income if they made the maximum amount of money to be eligible for Medi-Cal.
Recovering a vehicle after it has been towed is expensive. Towed into Debt notes that the average tow fee in California is $189, with a $53 storage fee per day and a $150 administrative fee. After three days of storage a towing fee could come out to $499. If a vehicle was towed for having five or more unpaid parking violations or for vehicle registration purposes, the individual must also pay the unpaid parking debt and vehicle registration before they can retrieve their vehicle.
A San Francisco resident with five or more delinquent tickets would have to pay $775 to pay off all of the tickets to retrieve a vehicle. In total, a three day tow plus paying off all of the parking tickets would result in a total cost of $1,273, or nearly all of someone’s monthly income who makes the maximum amount of money to qualify for Medi-Cal. If that individual somehow had enough savings to afford that type of fee, recovering the vehicle may not even be worth it, as 46% of all cars registered in California are worth less than $5,000.
According to Towed into Debt, the average lien sale of a vehicle towed for parking tickets or registration is $797.17, more than $400 less than the cost recovery of a vehicle stowed for only three days, and $2,400 less than the fees owed at the time of the sale. The average sale of these cars results in no revenue for the local authority who authorized the tow to begin with.
Cities in the United States are often designed around having a vehicle and public transit is often inadequate, resulting in people needing cars to get to work, home, and school. As Towed into Debt highlights, owning a vehicle is identified as the second biggest barrier to employment, behind reliable child care; owning a vehicle plays a bigger role in getting a job than having a high school diploma, and people with a car are almost twice as likely to remain employed over a full 18 to 24 months period than workers without a car. Therefore, towing someone’s car can have detrimental effects if on someone if they are unable to recover it, such as the loss of their job. It is estimated that one-third of the estimated 39,000 homeless individuals in Los Angeles live in vehicles. For these individuals, towing their car could result in a loss of their only shelter.
According to Western Center on Law and Poverty, a co-sponsor of this bill, “The impact of excessive debt, license suspensions, towing, and DMV registration holds has had a devastating financial impact on low-income communities. These collective policies have stripped billions of dollars in resources from our poorest families leading to the loss of their vehicle, their ability to get to work, and their ability to meet their basic needs like grocery shopping, taking children to school, or going to medical appointments. It has also left a trail of debt for those unable to pay the fines and fees, with approximately $8 billion owed to courts for unpaid traffic tickets.”
Cities use parking tickets to manage congestion. The parking meter was invented in 1935 in Oklahoma City. According to the Encyclopedia of Oklahoma History and Culture, “
The problem was that people worked downtown occupied all of the parking spots every day, forcing retail customers to park far away from stores. The city had placed time limits on parking, with enforcement performed by traffic policy who chalked tires, marked time, and gave tickets on hourly rounds. The parking situation came under scrutiny by the Oklahoma City of Chamber of Commerce in 1932. Appointed chair of the Traffic Committee, Magee assumed the task of solving the problem. Magee decided that the situation required the invention of a small, windable, inexpensively made, mechanical device to “time” the use of each parking space….on July 16, 1935, 175 meters were installed and tested on fourteen blocks in Oklahoma City, and when the system proved successful, the city placed meters all over downtown.
The impact of the parking meter was threefold. First, it straightened out Oklahoma City’s parking problem. Second, it brought revenue into the city coffers through meter money and parking fines. Third, it stimulated a huge growth in assessed valuation of downtown commercial property.”
Cities use parking tickets today to reduce congestion in downtown areas, ensure local residents have a place to park, enable people to park near retail stores for a limited period of time, to prevent individuals from parking in spaces for emergency vehicles, keep open spots for people with disabilities, and ensure that non electric vehicles are not parking in spots meant for electric vehicles to charge.
The California Mobility and Parking Association, writing in opposition this bill, argues “As a parking professional, I have deep concerns that this legislation will have the unintended consequence of neutralizing parking enforcement efforts. At their fundamental core, parking enforcement programs are designed to ensure compliance of local and state parking regulations to facilitate availability of parking spaces throughout the city, which supports local businesses and events. Many agencies have conducted extensive research to determine appropriate permitted parking spaces for residential areas to ensure available parking for residents, as well as time-limited parking in business and high turnover zones to assist tourism and commerce to generate sales tax revenue for our schools, public safety, and other universal municipal services. Local governments also adopt and enforce parking rules related to street sweeping, tree trimming, sidewalk repair and public transportation zones.
Under AB 1082, agencies will be left with few effective mechanisms to bolster compliance with posted parking rules.
The problem with free parking: Most parking in the United States is free. In order to accommodate car use, cities have dedicated exorbitant amounts of land to cars. The County of Los Angeles has dedicated around 200 square miles to parking, the land mass of Brooklyn, Manhattan, San Francisco, and the Bronx combined (home to 6.5 million people).
University of California Los Angeles urban planner Donald Shoup in his book The High Cost of Free Parking describes parking as “desirable in most locations, but you can have too much of a good thing. The principle that ‘the dose makes the poison’ applies perfectly to parking. By prescribing massive overdoses of parking spaces, planners are poisoning the city. Planning for parking has caused severe adverse reactions, and if a policy is judges by its consequences, off-street parking requirements are a catastrophe….The many significant costs related to current parking policies (e.g., increased housing prices, unjust subsidies for cars, distorted transportation choices, sprawl, social inequity, and economic and environmental degradation) are not a consideration.”
Shoup proposes “market-priced curb parking [to] save time, reduce congestion, conserve energy, improve air quality, and produce public revenue[and] returning all meter revenue to the neighborhoods that generate it.”
Committee comments: The purpose of this bill is to eliminate the negative consequences of a person accumulating too many parking tickets, particularly low income individuals who simply cannot afford the cost of the tickets. The bill addresses this problem in two ways. First, it eliminates the authority for cities to impound or immobilize vehicles for unpaid traffic or parking ticket debt. Second, this bill does not allow cities to use DMV as a collection agent for parking tickets until a person has six or more tickets.
Cities issue parking to manage their parking spaces and potentially reduce car congestion, especially in dense downtown areas that may be better oriented towards walking, biking and public transit.
While this bill eliminates a cities’ ability to tow or immobilize a vehicle for unpaid parking tickets, a person could ultimately suffer that consequence when unpaid parking tickets are shifted to their vehicle registration and they still fail to pay. By removing, local parking agencies ability to tow or immobilize a vehicle, this bill creates a new problem by making it impossible to enforce payment of tickets on out-of-state vehicles. This is because without a California vehicle registration local agencies lack an enforcement mechanism. As this bill moves forward, the Legislature may want to consider either restoring the authority to immobilize vehicles or impound vehicles that are not registered in the state to ensure parking tickets can be enforced on out-of-state vehicles.
It is important that individuals be given an opportunity to pay for parking tickets and not risk their vehicles being taken from them solely because they lack the ability to pay. To address this issue, the Legislature passed AB 503 (Lackey), Chapter 741, Statutes of 2017 to require cities to waive late fees for persons on public benefits and establish an affordable payment plan of $25 a month.
One of the drawbacks of that legislation was it placed a ceiling on the number of parking tickets that are eligible for relief from late fees and payment plans. The Legislature has since adjusted the ceiling to $500.
This bill eliminates the $500 ceiling, but in doing so creates a new potential problem. The law specifies that payment plans are capped at $25 a month over the course of two years. By lifting the $500 cap, a person could continue to accumulate seven days of parking tickets and would not have to worry about the consequences of a ticket after that because as long as they enroll in a payment plan those fees above $600 will be waived. The typical parking garage in San Francisco is $340 a month. Writing off parking tickets after $600 would essentially make it cheaper to accumulate parking tickets than pay for two months’ worth of parking, eliminating the ability for a city to discourage driving downtown. Should this bill move forward lifting the, the Legislature and the author may want to consider either increasing the cap to $600 to better reflect the total value of tickets paid out at $25 a month over the course of two years, or should consider eliminating the restriction of payment plans being capped at two years and instead allow the payment plan to continue indefinitely until the debt is paid off.
This bill limits a local government’s ability to use the DMV as a collection agency until an individual has received six or more unpaid tickets. Current law allows local agencies to use the DMV as a collection agency on any number of tickets. This bill requires processing agencies to notify car owners that they will be transferring the unpaid debt to a person’s vehicle registration, giving them one last opportunity to enroll in a payment plan before they have to pay the fees with their registration.
Limiting local governments’ ability to use the DMV as a collection agency may pose a new problem for local governments. It could result in cities losing a tool to manage their downtowns because it would allow some people to never pay their parking tickets. For example, one-time visitors to an area may opt not to pay for parking and receive a parking ticket knowing they will not have to worry about ultimately paying for that parking ticket when they pay their vehicle registration.
Related legislation:
AB 962 (Ta) of 2023 Requires a peace officer or employee to verify with the DMV that no current vehicle registration exists before towing a vehicle for having expired registration longer than six months and prohibits the vehicle from being towed if the officer or employee does not have immediate access to those records. That bill is set for a hearing in this committee today.
Previous legislation:
AB 2544 (Lackey), Chapter 494, Statutes of 2018), AB 503 (Lackey), Chapter 741, Statutes of 2017, and AB 3277 (Jones Sawyer), Chapter 44, Statutes of 2020 requires processing agencies to take several steps prior to asking DMV to collect their unpaid debt from indigent individuals, including establishing a payment program and waiving late fees and penalty assessments.
AB 1685 (Bryan) of 2022 would have required processing agencies to forgive at least $1,500 in parking tickets for individuals who are verified to be homeless if the processing agency wants to use the DMV to place a hold on a person's vehicle registration until they pay unpaid parking tickets. That bill was vetoed by the Governor.
AB 516 (Chiu, 2019), Repeals existing law that authorizes peace officers to tow vehicles for having five or more delinquent parking or traffic violations, for leaving a vehicle on a road for 72 or more consecutive hours, and for a having a lapsed vehicle registration in excess of six months. That bill died in Senate Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
ACLU California Action
Alliance for Boys and Men of Color
Bay Area Legal Aid
Californians for Safety and Justice
Communities United for Restorative Youth Justice (CURYJ)
Community Legal Services in East Palo Alto
East Bay Community Law Center
End Poverty in California (EPIC)
Family Violence Appellate Project
Freefrom
Futures Without Violence (UNREG)
Housing and Economic Rights Advocates
Housing California
Indivisible CA Statestrong
Lawyers' Committee for Civil Rights of The San Francisco Bay Area
Legal Aid Foundation of Los Angeles
Legal Aid of Marin
National Lawyers Guild San Francisco Bay Area Chapter
Neighborhood Legal Services of Los Angeles County
Public Counsel
Techequity Collaborative
Western Center on Law & Poverty, INC.
Oppose
California Mobility and Parking Association
California State Sheriffs' Association
Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093
Discussed in Hearing
1MIN
Senate Standing Committee on Appropriations
11MIN
Senate Standing Committee on Public Safety
13MIN
Senate Standing Committee on Transportation
33MIN
Assembly Standing Committee on Transportation
Bill Author
