AB 925: Vehicle removal: expired registration.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-07-21
Current Status:
Passed
(2023-07-21: Chaptered by Secretary of State - Chapter 92, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law prohibits a person from driving, moving, or leaving 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, except as specified. Existing law requires current month and year tabs indicating the month and year expiration of a vehicles registration to be attached to the rear license plate assigned to the vehicle for the last preceding registration year in which the licensed plates were issued.
Existing law requires a law enforcement officer or a person authorized to enforce parking laws and regulations to verify, using available Department of Motor Vehicles records, that no current registration exists for a vehicle before issuing a citation for a violation of the requirement to attach the appropriate tabs. Existing law prohibits the issuance of a citation against a vehicle in violation of that requirement if the vehicle has a current registration on file with the department or if a person authorized to enforce parking laws and regulations does not have immediate access to the departments records.
Existing law authorizes a peace officer or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations to remove a vehicle that, among other things, is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal or is found or operated upon a highway, public land, or an offstreet parking facility with a registration expiration date in excess of six months before the date it is found or operated.
This bill would require a peace officer or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations to verify, using available Department of Motor Vehicles records, that no current registration exists for a vehicle before removing the vehicle. The bill would prohibit a vehicle from being removed if it has a current registration on file with the department or if the officer or employee does not have immediate access to the departments records. By requiring a higher level of service from law enforcement officers, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law prohibits a person from driving, moving, or leaving 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, except as specified. Existing law requires current month and year tabs indicating the month and year expiration of a vehicles registration to be attached to the rear license plate assigned to the vehicle for the last preceding registration year in which the licensed plates were issued.
Existing law requires a law enforcement officer or a person authorized to enforce parking laws and regulations to verify, using available Department of Motor Vehicles records, that no current registration exists for a vehicle before issuing a citation for a violation of the requirement to attach the appropriate tabs. Existing law prohibits the issuance of a citation against a vehicle in violation of that requirement if the vehicle has a current registration on file with the department or if a person authorized to enforce parking laws and regulations does not have immediate access to the departments records.
Existing law authorizes a peace officer or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations to remove a vehicle that, among other things, is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal or is found or operated upon a highway, public land, or an offstreet parking facility with a registration expiration date in excess of six months before the date it is found or operated.
This bill would require a peace officer or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations to verify, using available Department of Motor Vehicles records, that no current registration exists for a vehicle before removing the vehicle. The bill would prohibit a vehicle from being removed if it has a current registration on file with the department or if the officer or employee does not have immediate access to the departments records. By requiring a higher level of service from law enforcement officers, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law prohibits a person from driving, moving, or leaving 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, except as specified. Existing law requires current month and year tabs indicating the month and year expiration of a vehicles registration to be attached to the rear license plate assigned to the vehicle for the last preceding registration year in which the licensed plates were issued.
Existing law requires a law enforcement officer or a person authorized to enforce parking laws and regulations to verify, using available Department of Motor Vehicles records, that no current registration exists for a vehicle before issuing a citation for a violation of the requirement to attach the appropriate tabs. Existing law prohibits the issuance of a citation against a vehicle in violation of that requirement if the vehicle has a current registration on file with the department or if a person authorized to enforce parking laws and regulations does not have immediate access to the departments records.
Existing law authorizes a peace officer or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations to remove a vehicle that, among other things, is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal or is found or operated upon a highway, public land, or an offstreet parking facility with a registration expiration date in excess of six months before the date it is found or operated.
This bill would require a peace officer or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations to verify, using available Department of Motor Vehicles records, that no current registration exists for a vehicle before removing the vehicle. The bill would prohibit a vehicle from being removed if it has a current registration on file with the department or if the officer or employee does not have immediate access to the departments records. By requiring a higher level of service from law enforcement officers, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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)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)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.
(m)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)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), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(o)(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)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)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)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(s)(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)If a peace officer issues a notice to appear for a violation of Section 25279.
(u)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(v)(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.
(w)(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. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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)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)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.
(m)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)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), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(o)(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)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)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)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(s)(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)If a peace officer issues a notice to appear for a violation of Section 25279.
(u)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(v)(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.
(w)(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. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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, employee who is engaged in directing traffic or enforcing parking laws and regulations, regulations of a city, county, or jurisdiction of a state agency in which a vehicle is located, 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 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 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 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 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 their identity.
(B)An address within this state where he or she 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, vehicle and all traffic violations of the registered owner, 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 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)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)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.
(m)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)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), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(o)(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, 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, 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) 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, and Article 3.7 (commencing with Section 227.00) 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, and Article 3.7 (commencing with Section 227.00) 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, and Article 3.7 (commencing with Section 227.00) 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, and Article 3.7 (commencing with Section 227.00) 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, 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)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, registration to the impounding law enforcement agency, agency or upon order of a court.
(q)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, expense pursuant to a resolution or ordinance adopted by the local authority.
(r)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(s)(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)If a peace officer issues a notice to appear for a violation of Section 25279.
(u)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(v)(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, 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, 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, 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 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, 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, 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. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Jul 21, 2023 | Chaptered by Secretary of State - Chapter 92, Statutes of 2023. |
| Jul 21, 2023 | Approved by the Governor. |
| Jul 11, 2023 | Enrolled and presented to the Governor at 3 p.m. |
| Jun 29, 2023 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 29, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 1828.). |
| Jun 27, 2023 | Read second time. Ordered to Consent Calendar. |
| Jun 26, 2023 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 13, 2023 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 13). Re-referred to Com. on APPR. |
| May 17, 2023 | Referred to Com. on PUB S. |
| May 4, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 4, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1462.) |
| Apr 27, 2023 | Read second time. Ordered to Consent Calendar. |
| Apr 26, 2023 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 26). |
| Mar 28, 2023 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (March 27). Re-referred to Com. on APPR. |
| Mar 2, 2023 | Referred to Com. on TRANS. |
| Feb 15, 2023 | From printer. May be heard in committee March 17. |
| Feb 14, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 29, 2023 | Consent Calendar AB925 Ta By Seyarto | Senate Floor |
Passed |
|
| Jun 13, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
|
| May 4, 2023 | AB 925 Ta Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 26, 2023 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 27, 2023 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Ella Baker Center For Human Rights | ** Support | |
| Lawyers Committee for Civil Rights of the San Francisco Bay Area | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 925 |
CONSENT
Bill No: AB 925
Author: Ta (R)
Introduced: 2/14/23
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/13/23
AYES: Wahab, Ochoa Bogh, Bradford, Skinner, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 75-0, 5/4/23 (Consent) - See last page for vote
SUBJECT: Vehicle removal: expired registration
SOURCE: Author
DIGEST:
This bill requires a peace officer or traffic enforcement official to verify with the Department of Motor Vehicles (DMV) that no current vehicle registration exists before towing a vehicle for having expired registration longer than 6 months, and prohibits the vehicle from being towed if the officer or traffic enforcement official does not have immediate access to those records.
ANALYSIS:
Existing law:
- Makes it unlawful to willfully fail or refuse to comply with a lawful order, signal or direction of a uniformed peace officer or to refuse to submit to a lawful inspection pursuant to the Vehicle Code. (Vehicle Code §2800(a).)
- Provides that a person shall not drive, move, or leave standing upon a highway, or in an off street public parking facility, any motor vehicle unless it is registered with the DMV and the appropriate fees have been paid, with specified exceptions. (Vehicle Code §4000)
- Provides that registration tabs, indicating the month and year of expiration, shall be attached to the rear license plate assigned to the vehicle for the last preceding registration year in which the plates were issued. (Vehicle Code §5204(a).)
- Provides that truck tractors and commercial motor vehicles having a gross weight of 10,001 pounds or more shall display their registration tabs on the front license plate assigned to that vehicle. (Vehicle Code §5204(a).)
- Specifies that vehicles that fail to display current or expired tabs are in violation of Vehicle Code §5204. (Vehicle Code §5204(a).)
- Provides that unless otherwise specified, violations of the Vehicle Code, including a violation of §5204, constitute an infraction. (Vehicle Code §40000.1)
- Exempts fleet vehicles and specified trailers from the registration tab display requirement in Vehicle Code §5204(a). (Vehicle Code §5204(b).)
- Specifies that the registration tab display requirement does not apply when proper application for renewal of registration has been made to the DMV and the indicia of current registration has not yet been received by the owner of the vehicle. (Vehicle Code §5204(c).)
- Provides that Vehicle Code §5204 is enforceable against any motor vehicle that is driven, moved, or left standing upon a highway, or in an off-street public parking facility. (Vehicle Code §5204(d).)
- Provides that prior to issuing a citation for a violation of VC § 5204, a law enforcement officer shall verify, using available DMV records, that no current registration exists for that vehicle, and that a citation shall not be issued for failure to comply with § 5204 against any vehicle that has a current registration on file. (Vehicle Code §5204(e).)
- Provides that if the person authorized to enforce parking law and regulations does not have immediate access to DMV records, a citation shall not be issued for failure to comply with §5204. (Vehicle Code §40225(b).)
- Provides that 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 may remove a vehicle located within the territorial limits in which the officer or employ may act, under specified circumstances. (Vehicle Code § 22651(a) – (w).)
- Provides that a vehicle may be removed per the above provision if a vehicle is found or operated upon a highway, public land, or an off-street parking facility 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 off-street parking facility. (Vehicle Code §22651(o)(1)(A).)
This bill:
- Provides that prior to removing a vehicle with a registration expiration date in excess of six months per the above, the officer or traffic enforcement employee shall verify, using available DMV records, that no current registration exists for the vehicle.
- Provides that a vehicle shall not be removed for a violation of the above provision (VC §22651(o)(1)(A)) if it has a current registration on file with the DMV, regardless of whether it is in compliance with the requirement that registration tabs be displayed. (VC §5204(a).)
- Provides that if the officer or employee does not have immediate access to the relevant DMV records, a vehicle shall not be removed pursuant to the above.
Comments
According to the author, “Sticker theft from vehicles is a problem statewide. Vehicle owners often pay for their registration but are still cited if their plates do not display the sticker. AB 925 would prevent cities & local governments (and those they employ, i.e., parking enforcement) from being able to tow a vehicle based solely on if a vehicle has expired registration tags. This bill would prevent extreme hardship for people who may not have the funds to retrieve their vehicle from an impound lot. Currently, drivers are subject to a fine, penalties, and replacement fees of over $500. AB 925 will require a parking enforcer to check DMV records before towing the vehicle. This is the right thing to do for responsible drivers and avoids unnecessary fines and citations.”
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 6/26/23)
Ella Baker Center for Human Rights
Lawyers’ Committee for Civil Rights of the San Francisco Bay Area
OPPOSITION: (Verified 6/26/23)
None known
ASSEMBLY FLOOR: 75-0, 5/4/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Ward, Weber, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Flora, McKinnor, Muratsuchi, Wallis, Wicks
Prepared by: Alex Barnett / PUB. S. /
6/28/23 11:12:26
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: AB 925 Hearing Date: June 13, 2023
Author: | Ta | ||
Version: | February 14, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | AB | ||
Subject: Vehicle removal: expired registration
HISTORY
Source: Author
Prior Legislation: SB 1359 (Hueso, Ch. 306, Stats. of 2022)
AB 516 (Chiu, 2019), held in Assembly Appropriations
Support: Lawyers’ Committee for Civil Rights of the San Francisco Bay Area
Opposition: None known
Assembly Floor Vote: 75 - 0
PURPOSE
The purpose of this bill is to require a peace officer or traffic enforcement official to verify with the Department of Motor Vehicles (DMV) that no current vehicle registration exists before towing a vehicle for having expired registration longer than 6 months, and prohibits the vehicle from being towed if the officer or traffic enforcement official does not have immediate access to those records.
Existing law makes it unlawful to willfully fail or refuse to comply with a lawful order, signal or direction of a uniformed peace officer or to refuse to submit to a lawful inspection pursuant to the Vehicle Code. (Vehicle Code §2800(a).)
Existing law provides that a person shall not drive, move, or leave standing upon a highway, or in an off street public parking facility, any motor vehicle unless it is registered with the DMV and the appropriate fees have been paid, with specified exceptions. (Vehicle Code §4000)
Existing law provides that registration tabs, indicating the month and year of expiration, shall be attached to the rear license plate assigned to the vehicle for the last preceding registration year in which the plates were issued. (Vehicle Code §5204(a).)
Existing law provides that truck tractors and commercial motor vehicles having a gross weight of 10,001 pounds or more shall display their registration tabs on the front license plate assigned to that vehicle. (Vehicle Code §5204(a).)
Existing law specifies that vehicles that fail to display current or expired tabs are in violation of Vehicle Code §5204. (Vehicle Code §5204(a).)
Existing law provides that unless otherwise specified, violations of the Vehicle Code, including a violation of §5204, constitute an infraction. (Vehicle Code §40000.1)
Existing law exempts fleet vehicles and specified trailers from the registration tab display requirement in Vehicle Code §5204(a). (Vehicle Code §5204(b).)
Existing law specifies that the registration tab display requirement does not apply when proper application for renewal of registration has been made to the DMV and the indicia of current registration has not yet been received by the owner of the vehicle. (Vehicle Code §5204(c).)
Existing law provides that Vehicle Code §5204 is enforceable against any motor vehicle that is driven, moved, or left standing upon a highway, or in an off-street public parking facility. (Vehicle Code §5204(d).)
Existing law provides that prior to issuing a citation for a violation of VC § 5204, a law enforcement officer shall verify, using available DMV records, that no current registration exists for that vehicle, and that a citation shall not be issued for failure to comply with § 5204 against any vehicle that has a current registration on file. (Vehicle Code §5204(e).)
Existing law provides that if the person authorized to enforce parking law and regulations does not have immediate access to DMV records, a citation shall not be issued for failure to comply with §5204. (Vehicle Code §40225(b).)
Existing law provides that 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 may remove a vehicle located within the territorial limits in which the officer or employ may act, under specified circumstances. (Vehicle Code § 22651(a) – (w).)
Existing law provides that a vehicle may be removed per the above provision if a vehicle is found or operated upon a highway, public land, or an off-street parking facility 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 off-street parking facility. (Vehicle Code §22651(o)(1)(A).)
This bill provides that prior to removing a vehicle with a registration expiration date in excess of six months per the above, the officer or traffic enforcement employee shall verify, using available DMV records, that no current registration exists for the vehicle.
This bill provides that a vehicle shall not be removed for a violation of the above provision (VC §22651(o)(1)(A)) if it has a current registration on file with the DMV, regardless of whether it is in compliance with the requirement that registration tabs be displayed (VC §5204(a).)
This bill provides that if the officer or employee does not have immediate access to the relevant DMV records, a vehicle shall not be removed pursuant to the above.
COMMENTS
- Need for This Bill
According to the Author:
Sticker theft from vehicles is a problem statewide. Vehicle owners often pay for their registration but are still cited if their plates do not display the sticker. AB 925 would prevent cities & local governments (and those they employ, i.e., parking enforcement) from being able to tow a vehicle based solely on if a vehicle has expired registration tags. This bill would prevent extreme hardship for people who may not have the funds to retrieve their vehicle from an impound lot. Currently, drivers are subject to a fine, penalties, and replacement fees of over $500. AB 925 will require a parking enforcer to check DMV records before towing the vehicle. This is the right thing to do for responsible drivers and avoids unnecessary fines and citations.
- Registration Tab Theft and The Consequences of Towing
As referenced in the statement above, the Author asserts that this bill is intended to combat the widespread theft of registration tabs affixed to properly registered vehicles. Although existing law makes it a crime, punishable as a misdemeanor or felony, to fraudulently display stolen or counterfeit registration tabs, many communities still experience this problem.[1] Some attribute the increase in registration tab theft to the passage of SB 1 (Beall, Ch. 5, Stats. of 2017), which raised vehicle registration fees, although reports of registration tab theft date back decades.[2] In an attempt to protect their registration tabs from theft, many Californians have turned to transparent license plate covers, which are intended to prevent access to the registration sticker but ensure visibility of the license number.[3] The Author argues that, even with the availability of these security devices, registration sticker theft remains pervasive. Presumably, as a result, officers may see a vehicle without current tabs and initiate a tow of the vehicle based simply on their observations and not on current DMV records, which may indicate that the vehicle’s registration is current.
The Author also cites a report published in 2019 by the bill’s sponsor, the Lawyers’ Committee for Civil Rights, which highlights how efforts by California cities to regulate downtown parking have resulted in disproportionate punishment for low-income individuals.[4] According to the report, 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. 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, it is estimated that public agencies in California towed nearly one million vehicles in 2016. The report also 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.[5]
- Citation and Towing for Registration Violations
Existing law requires most vehicles to clearly display proof of current registration by affixing a registration sticker, or “tab,” to the rear license plate.[6] In addition to other various markings, these tabs include the last preceding year that the vehicle was lawfully registered. For instance, for registration fees paid in early 2022 for that registration year, a motorist will receive a tab with the year “2022” clearly displayed on it. Failure to display registration tabs on a vehicle is punishable as an infraction, but is also considered a “correctable” violation, or “fix-it ticket.”[7] This means that if a cited motorist shows proof of correction and pays a minor dismissal fee, the court will dismiss the charge.
Existing law authorizes peace officers to enforce traffic and vehicle-related violations, and requires motorists to submit to lawful orders and inspections in furtherance of this enforcement.[8] Under existing case law, a peace officer may initiate a vehicle stop if the officer reasonably believes that a traffic-related violation has occurred.[9] Prior to January 1, 2023, an officer could issue a citation against any vehicle that failed to display current registration tabs pursuant to existing requirement (essentially an observed violation). However, in 2022, the Legislature passed SB 1359 (Hueso, Ch. 306, Stats. of 2022), which required law enforcement to verify, using current DMV records, that an individual’s registration is in fact expired and unpaid prior to issuing a citation for failure to display registration tabs. This essentially codified what was already common practice, as officers will regularly check a motorist’s license plate against DMV records using the computer in their police vehicle to confirm the validity of any perceived violations prior to issuing a citation.
Existing law also authorizes peace officers and other traffic enforcement employees to remove (or have towed) a vehicle located within that official’s jurisdiction under certain circumstances, including when a vehicle is found or operated on a highway, public land or an offstreet parking facility with a registration expiration date in excess of 6 months before the date it is found or operated.[10] While SB 1359 prevented law enforcement from issuing a citation for a mere observed violation, it did not require law enforcement to confirm current registration before towing the vehicle. This bill makes precisely that change to existing law. That is, it requires an officer or traffic enforcement official, prior to removing a vehicle with registration expiration exceeding six months, to confirm that the vehicle’s registration is not current via the DMV database. Under the bill, if the vehicle has a current registration on file, it cannot be towed, even if it is not displaying current registration tabs. Additionally, if the officer or traffic enforcement official does not have immediate access the DMV’s records, the vehicle may not be towed.
- Argument in Support
According to the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area:
Integral to LCCRSF’s mission is our work to abolish debt tows, improve parking ticket payment plans, and change the myriad ways in which low-income Californians are further impoverished and marginalized because their vehicles, despite being safely and legally parked, are towed. Sticker theft from vehicles is a problem statewide. Often, vehicle owners pay for their registration but are still cited if their plates do not display the sticker.
AB 925 would prevent cities and local governments (and those they employ, i.e., parking enforcement) from being able to tow a vehicle based solely on the fact that a vehicle has expired registration tags. This bill would prevent extreme hardship for people who may not have the funds to retrieve their vehicle from an impound lot. Drivers are subject to a fine, penalties, and replacement fees of over $500. AB 925 will require parking enforcement to check DMV records before towing the vehicle. This is the right thing to do for responsible drivers and avoids unnecessary fines and citations.
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. AB 925 does not remove a city’s ability to regulate their curbs. Cars will still be allowed to be towed for the following: obstructing traffic, being reported as stolen, blocking a driveway, blocking a fire hydrant, lacking a license plate, parking in a spot where notice was given for cleaning, repair or construction purposes; in spots where all vehicles are prohibited from parking, this bill simply just adds cities and local governments to the same standards as law enforcement from last year’s SB 1359 (Hueso) by having the parking enforcement for a city or local government check with DMV that the vehicle’s registration is actually expired before towing.
-- END –
Vehicle Code §4463; ↑
“Here’s how to thwart thieves who steal vehicle-registration tags.” The Press Enterprise. 12 May 2019. https://www.pe.com/2019/05/12/heres-how-to-thwart-thieves-who-steal-vehicle-registration-tags/ ; “License Plate Tag Theft, Fraud on the Rise.” Los Angeles Times. 5 April 1999. https://www.latimes.com/archives/la-xpm-1999-apr-05-me-24377-story.html ↑
Vehicle Code §5201(c)(2) permits license plate security covers as long as they only cover the registration tabs and do not cover or obstruct the license plate number. ↑
“Towed Into Debt.” Lawyers’ Committee for Civil Rights of the San Francisco Bay Area. Published 17 June 2019. WES459_TowReport_A9_Endnotes-1.pdf (lccrsf.org) ↑
Ibid. ↑
Vehicle Code §5204 ↑
Vehicle Code §40000.1, §§40610-40618; https://www.courts.ca.gov/9529.htm ↑
Vehicle Code §2800 et. seq., and §40000.1 et. seq. ↑
Terry v. Ohio 392 U.S. 1 (1968); Brendlin v. California 551 U.S. 249 (2007) ↑
Vehicle Code §22651(o)(1)(A) ↑
Date of Hearing: April 26, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 925
Author:(Ta) – As Introduced Ver:February 14, 2023
Policy Committee: | Transportation | Vote: | 15 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill limits the circumstances under which a vehicle may be removed (towed) for failing to have or display current vehicle registration.
Specifically, this bill requires a peace officer or a traffic and parking enforcement employee of a local government or a state agency, prior to removing a vehicle with a registration expiration date in excess of six months, to verify, using available Department of Motor Vehicles (DMV) records, that no current registration exists for the vehicle. The bill prohibits an officer or employee from removing a vehicle if the vehicle has a current registration on file with the DMV, regardless of whether the vehicle displays current registration tabs and stickers as required by existing law. Finally, the bill prevents an officer or employee from removing a vehicle for expired registration if the officer or employee does not have immediate access to DMV’s registration records.
FISCAL EFFECT:
Minor state costs, if any.
COMMENTS:
Vehicles on California roadways must show proof of current registration with DMV—generally, a “tag” or sticker affixed to the vehicle license plate. However, there are many reasons a registered vehicle might not have current tags. For example, the law recognizes that an owner of a registered vehicle might be awaiting registration stickers from the DMV. More nefarious, thieves steal registration stickers from registered vehicles, usually to place the stickers on unregistered vehicles, a practice the author describes as “rampant.” According to the author:
Sticker theft from vehicles is a problem statewide. Vehicle owners often pay for their registration but are still cited if their plates do not display the sticker. AB 925 would prevent cities & local governments (and those they employ, i.e., parking enforcement) from being able to tow a vehicle based solely on if a vehicle has expired registration tags. This bill would prevent extreme hardship for people who may not have the funds to retrieve their vehicle from an impound lot. Currently, drivers are subject to a fine, penalties, and replacement fees of over $500. AB 925 will require a parking enforcer to check DMV records before towing the vehicle. This is the right thing to do for responsible drivers and avoids unnecessary fines and citations.
As the author notes, the owner of a towed vehicle may face serious financial hardship and cascading consequences (inability to commute to work or school, for example). Last year, the Legislature recognized the unfairness of punishing the owner of a registered vehicle from which the registration tags have been stolen when it passed AB 1359 (Hueso), Chapter 306, Statutes of 2022. AB 1359 required a law enforcement officer to confirm via DMV records that a vehicle does not have a current registration before issuing a citation for failure to display registration tabs, and prohibits the issuance of a citation for failure to display registration tags when the vehicle’s registration is current. However, the law still allows such a registered vehicle to be towed if it does not have valid registration tags. This bill seems like a logical follow up to last year’s legislative action.
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 925 (
Author:Ta) – As Introduced Ver:February 14, 2023
SUBJECT: Vehicle removal: expired registration
SUMMARY: Requires a peace officer or employee to verify with the Department of Motor Vehicles (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.
EXISTING LAW:
- Authorizes a peace officer or a regularly employed and salaried employee who is engaged in direct 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 they are authorized to act if a vehicle’s registration has been expired for six or more months. (Vehicle Code Section (VEH) 22651)
- Prohibits a person from driving, moving, or leaving a vehicle or trailer on a highway or in an off-street parking facility unless it is registered with DMV. (VEH 4000)
- Requires a peace officer to verify using available DMV records that no current vehicle registration exists before issuing a ticket for failure to have an up to date registration sticker and prohibits a peace officer from issuing a violation ticket if the registration is paid for.
FISCAL EFFECT: Unknown
COMMENTS: Last year the Legislature passed SB 1359 (Hueso), Chapter 306, Statutes of 2022 which required law enforcement to verify that an individual’s registration is in fact unpaid before they can issue a ticket for failure to have an updated registration sticker. The bill was meant to prevent someone who had their registration tag stolen from being victimized twice by then receiving a citation. While that law prevents law enforcement from issuing a $25 fix it ticket, it did not require law enforcement to check to see if the vehicle is currently registered before towing the vehicle.
According to the author, “Sticker theft from vehicles is a problem statewide. Vehicle owners often pay for their registration but are still cited if their plates do not display the sticker. AB 925 would prevent cities & local governments (and those they employ, i.e., parking enforcement) from being able to tow a vehicle based solely on if a vehicle has expired registration tags. This bill would prevent extreme hardship for people who may not have the funds to retrieve their vehicle from an impound lot. Currently, drivers are subject to a fine, penalties, and replacement fees of over $500. AB 925 will require a parking enforcer to check DMV records before towing the vehicle. This is the right thing to do for responsible drivers and avoids unnecessary fines and citations.”
Towed into Debt: How Towing Practices in California Punish Poor People: A report published in 2019 by the sponsors of this bill, highlights how California’s cities attempts to regulate downtown parking have resulted in disproportionate punishments for low income individuals. Based on an analysis of eight California cities, the sponsors estimate 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. 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, it is 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.
The Lawyers Committee for Civil Rights of the San Francisco Bay Area, writing in support of this bill, argues “Sticker theft from vehicles is a problem statewide. Often, vehicle owners pay for their registration but are still cited if their plates do not display the sticker. AB 925 would prevent cities and local governments (and those they employ, i.e., parking enforcement) from being able to tow a vehicle based solely on the fact that a vehicle has expired registration tags. This bill would prevent extreme hardship for people who may not have the funds to retrieve their vehicle from an impound lot. Drivers are subject to a fine, penalties, and replacement fees of over $500. AB 925 will require parking enforcement to check DMV records before towing the vehicle. This is the right thing to do for responsible drivers and avoids unnecessary fines and citations.”
Related Legislation:
AB 1082 (Kalra of 2023) as introduced had a provision extending the length of time necessary for the registration to be expired from six months to one year before the vehicle could be towed. That provision was removed from the bill and is being heard in Assembly Transportation Committee.
Previous Legislation:
SB 1359 (Hueso), Chapter 306, Statutes of 2022 which required law enforcement to verify that an individual’s registration is in fact unpaid before they can issue a ticket for failure to have an updated registration sticker.
AB 516 (Chiu of 2019) would have removed the authority to impound a vehicle for having expired registration. That bill was held on suspense in Senate Appropriations Committee.
Committee comments: Verifying vehicle registration is actually paid is rather simple. All law enforcement officers have access to the California Law Enforcement Telecommunications Systems (CLETS) in their vehicles. CLETS is connected to DMV computer systems and allows law enforcement to easily verify that a vehicle registration is up to date. It is unclear if impoundment of a vehicle lacking registration based solely on the lack of a registration sticker is legal. The towing authority currently authorized in statute is for someone’s failure to pay registration within six months, not for lacking the sticker indicating an individual has paid for the vehicle’s registration.
REGISTERED SUPPORT / OPPOSITION:
Support
Lawyers’ Committee for Civil Rights of the San Francisco Bay Area
Opposition
None on file
Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093
Bill Author
Bill Co-Author(s):