AB 2210 - Towing of Vehicles

Feldsott & Lee
A Law Corporation

Assembly Bill 2210 (“AB 2210”) was recently enacted to amend §§21100, 22651.7, 22658, 22953, and 40000.15 and repeal §22658.2 of the Vehicle Code. These changes are effective January 1, 2007, and were implemented in an attempt by the legislature to promote the safety and welfare of the public by allowing local authorities to license and regulate tow truck companies and operators. As these provisions apply to common interest developments, and common interest developments commonly have vehicles towed from their privately owned parking facilities, it is important for associations and their management companies to be aware of the rules and regulations regarding towing. If these provisions are not followed, violations can result in fines, criminal charges, and/or civil liability.

Prior to the enactment of AB 2210, the law required a towing company to remove a vehicle parked on private property to the nearest public garage if, among other things, the property owner or lessee’s (i.e., association) prior written authorization was obtained and certain duties were complied with. Civil causes of action were established for violating these provisions and it was an infraction, under the Vehicle Code, for failure to comply. Under this scheme, tow truck services were permitted to engage in what is called “patrol towing”, in which a company was authorized to patrol a private parking lot and impound improperly parked vehicles without the specific permission of a property owner or common interest development.

One of AB 2210's main intentions is to regulate “patrol towing”. As a result, general authorizations to remove a vehicle at a towing company’s discretion are now only allowed when a vehicle is parked within fifteen (15) feet of a fire hydrant, a fire lane, or in a manner that interferes with an entrance to, or exit from, private property. There must be a written agreement granting such a general authorization. In addition, if a tow service removes a vehicle pursuant to a general authorization, the tow service must photograph the vehicle in a manner that clearly shows the violation, and provide such photograph to the vehicle’s owner. The tow company must also immediately notify the local law enforcement agency of the tow. The towing company must maintain these written general authorization for three (3) years, making them available to the District Attorney or Attorney General upon request. A violation of one of these provisions could result in misdemeanor charges.

In addition to limiting general authorizations of towing, among other things, AB 2210 also addresses the notice required to be provided to the owner of the vehicle, the required proximity of the storage facility to which the vehicle may be towed (i.e., 10 mile radius), the establishment and display of towing and storage rates at the storage facility, the forms of payment which may be used by the owner to have his towed vehicle released, and the obtaining and providing of written authorizations to tow.

AB 2210 now requires that an association include the name and telephone number of each towing company that is a party to a written general towing authorization with that association on all signs. These signs are required to be posted at all entrances to the property. Aa associations is authorized to tow from its private property so long as the proper signage is in place. An association may also tow if notice of a parking violation has been issued, with ninety-six (96) hours having elapsed since such notice. In addition, an associations may tow if the vehicle is inoperable and the association or towing service has notified local law enforcement at least twenty-four (24) hours prior to the tow. A tow company may not commence the removal of a vehicle without first obtaining authorization from the association or an employee or agent of the association, who shall be present at the time of the removal and who must verify the alleged violation. Failure to follow this provision is an infraction punishable by a fine of $1,000.00. (This provision does not apply if a vehicle is parked within a fire lane, within fifteen feet of a hydrant, or blocking the entrance or exit of the property.)

Under 2210, each written authorization to tow issued by the association must contain: the make, model, VIN number and license plate of the towed vehicle; the name, signature, job title, residential or business address, and telephone number of the person authorizing the removal of the vehicle; the grounds for removal; the time the vehicle was first observed parked at the property; and the time that the authorization to tow was provided. The towing company is required to provide a photocopy of this written authorization to the vehicle’s owner, when that person claims the vehicle and prior to payment. The towing company must redact from this copy the name, signature, job title, address, and phone number of the individual who authorized the tow. The tow company must also provide the owner with a notice containing the contact information of local law enforcement or prosecuting agency should the owner feel he or she was wronged.

Upon removal, if a tow truck operator knows or is able to ascertain from the association or the Department of Motor Vehicles the name and address of the owner of the vehicle, said operator shall immediately give written notice to owner of the vehicle of the grounds for removal, the vehicle location, the amount of mileage on the vehicle at the time of removal, and the time of the removal. A copy of this notice must also be sent to the storage facility. If the tow truck operator is unable to ascertain the contact information of the owner of the vehicle, the tow truck operator must provide notice to law enforcement.

In addition to the responsibilities of the tow service, upon towing, an association must notify by phone, or if impractical, by the most expeditious means available, the local traffic law enforcement agency within one (1) hour of the towing authorization. If this is not complied with possible penalties may be faced. If requested by the owner of the vehicle, the association or tow truck operator must state the grounds for the removal of the vehicle.

AB 2210 also now requires a towing company or its driver to immediately and unconditionally release a vehicle that is not yet removed from private property and in transit. The owner of a vehicle that has been released is required to immediately move his or her vehicle to a lawful location. A towing company may not charge more than one-half (½) of the regular towing charge if the vehicle’s owner returns and the vehicle is released prior to removal from the private property. In addition, towing companies may not charge a towing, service, or other charge that exceeds statutorily imposed rates. A tow operator must make available for inspection and copying, his or her rates approved by the California Highway Patrol, to specified entities within twenty-four (24) hours of a request. A person in charge of a storage facility must conspicuously display a notice advising that all valid credit cards, as defined, and cash are acceptable means of payment. Violations of these requirements will be misdemeanors.

AB2210 also now makes it clear that only a peace officer, or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations of the jurisdiction in which a vehicle is located, may immobilize a vehicle. This means an association or a tow service may not place a boot on vehicles.

Again, it is important for an association to be aware of these newly enacted towing rules and regulations. The most important things to remember are: an agent must be on site at the time of a tow so as to provide verification of the alleged violation, a vehicles removal must be reported timely, and the association must be prepared to state the grounds for the removal. If these or any of the towing rules and regulations are violated, said violation may result in criminal and/or civil liability. Therefore, if you have any doubts or questions regarding your towing policy, you should contact your attorney.