Looking Outside of Texas: A Review of Towing and Storage Laws in California
Introduction
Towing and storage laws in California are designed to balance the rights of vehicle owners with public safety needs and the rights of property owners. Found in Division 11, Chapter 10 of the California Vehicle Code (Sections 22650 to 22856), these laws outline specific conditions under which vehicles can be towed, the responsibilities of those involved in the towing process, and the rights of vehicle owners. This blog post aims to demystify these regulations, offering a clear and comprehensive guide to help you understand your rights and responsibilities.
The Basics - Towing as a Seizure under the 4th Amendment
Section 22650 is a cornerstone of California’s towing and storage laws, stating that it's illegal for peace officers or unauthorized individuals to remove unattended vehicles from highways without legal permission. This act is considered a seizure under the Fourth Amendment, meaning it must be reasonable and justified by public safety needs.
When Can a Vehicle Be Towed?
Section 22651 outlines the specific conditions under which peace officers are authorized to remove vehicles. These conditions include:
Vehicles obstructing traffic or emergency equipment.
Abandoned or unattended vehicles that create hazards.
Vehicles with expired registration for more than six months.
Vehicles blocking driveways or fire hydrants.
Vehicles involved in hit-and-run incidents.
Vehicles with multiple unpaid parking violations.
Empowering Community Volunteers
Under Section 22651.05, trained volunteers authorized by law enforcement agencies can also remove vehicles in cases of prolonged illegal parking, helping to maintain community order and safety.
Consumer Rights at Towing and Storage Facilities
Section 22651.07 mandates that towing and storage facilities must provide clear information about fees. This includes posting fee schedules and providing itemized invoices. Vehicle owners are entitled to inspect their vehicles and retrieve personal property during business hours, ensuring transparency and fairness.
Payment Flexibility
According to Section 22651.1, storage facilities must accept valid bank credit cards or cash. Refusal to accept credit card payments can result in penalties, protecting vehicle owners from inconvenience.
Handling Abandoned and Inoperable Vehicles
Section 22651.2 addresses the removal of vehicles parked primarily to advertise private events. Such vehicles can be towed if proper notices and warnings have been issued beforehand, preventing misuse of public spaces.
Immobilization for Unpaid Violations
Under Section 22651.7, vehicles with multiple unpaid violations can be immobilized using a device until all penalties are paid or the owner addresses the issue in court. This measure ensures compliance with parking regulations.
Private Property Towing
Section 22653 allows peace officers to remove vehicles from private property if they are reported stolen, involved in an accident, or if the property owner requests removal. This helps property owners manage unauthorized vehicle presence.
Accountability and Penalties
Section 22658 sets clear guidelines for property owners who wish to tow vehicles. They must display proper signage and follow notification procedures. If these steps are not followed, property owners may face penalties, including paying double the storage or towing charges.
Protecting Vehicle Owners
Section 22658(d) ensures that vehicle owners can recover damages for any harm caused during the towing process, providing a layer of protection against negligent or intentional damage.
Monitoring Towing Charges
Section 22658(i) defines excessive towing or storage charges as those exceeding rates set by local law enforcement or the California Highway Patrol. This regulation prevents overcharging and protects consumers.
Immediate Release of Vehicles
Under Section 22658(g), towing companies must release vehicles upon the owner's request before the vehicle is removed from the property, ensuring a swift resolution for vehicle owners.
Retrieving Your Vehicle
Sections 22730 - 22732 outline the procedures for vehicle owners to retrieve personal property and reclaim their vehicles. Owners must present identification, proof of ownership, and pay the required fees, ensuring a smooth retrieval process.
Conclusion
The California Vehicle Code's towing and storage provisions are designed to protect vehicle owners' rights while ensuring public safety and the proper use of private property. Understanding these regulations helps vehicle owners navigate potential towing situations with confidence and ensures that towing companies, law enforcement, and property owners adhere to legal standards to avoid liabilities and penalties.