QuestionSorry. Yes, this is in california. My company will follow the law exactly as stated. We are not affiliated with a towing company. We started our first contract the other day and we are only paid by the property managers. Thanks, I'll look into that.
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Followup To
Question -
I would like to know the law code for the ban of patrol towing. I just opened a parking enforcement company and I would like to read the actual law for the ban on "patrol towing." We will be patrolling for private properties.
Another question, how does the parking enforcement company get paid? I talked to several towing companies and they told me that I will have a contract with the property owner and they will pay my company about $2000 a month for the service plus whatever is made from citations.
Thanks for your help
Answer -
Well, I hope you are talking about California, but the lack of infomation means that I can not really help you with information.
Patrol Towing in California is due to undergo MAJOR CHANGES in Jan 2007 with the law changes. I would do major searchs on the laws.
Now parking enforcement companies are also being regulated as to the connections to towing companies.
I hate to say but you will have a big problem I beleive in the future. Just my ideas and thoughts.
Answerthis is the draft of the bill which will regulate towing changes in Jan 07 ..
Hope it helps a bit.
BILL ANALYSIS
AB 2210
Page 1
Date of Hearing: April 24, 2006
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jenny Oropeza, Chair
AB 2210 (Goldberg) - As Introduced: February 22, 2006
SUBJECT : Tow trucks regulating
SUMMARY : Allows local authorities to regulate tow truck service
companies and their operators. Specifically, this bill :
1)Makes legislative findings and declarations regarding the need
to help ensure public safety by permitting local authorities
to regulate tow truck companies and drivers in order to avoid
violent confrontations, the stranding of motorists in
dangerous situations, expedite vehicle recovery, and prevent
waste of state and local law enforcement's limited resources.
2)Requires the towing company or its driver to immediately and
unconditionally release a vehicle that is not yet removed from
private property and in transit, upon the request of the owner
of the vehicle or the owner's agent.
3)Makes it a misdemeanor for failure to comply with the above
mentioned provision.
4)States that a charge for towing is excessive if it is greater
than what would have been charged for towing or storage under
an agreement between a towing company and the law enforcement
agency for the following:
a) If the law enforcement agency exercises primary
jurisdiction in the city in which the vehicle on the
private property is located; and,
b) If the private property is not located within a city,
then the law enforcement agency that exercises primary
jurisdiction in the county in which the private property is
located.
5)States that a person who charges a vehicle owner an excessive
rate, or fails to maintain written authorization for the tow,
is civilly liable to the owner for four times the amount
charged.
AB 2210
Page 2
6)Requires a storage facility to conspicuously display a notice
visible to the public that advises that all bank credit cards
and cash are acceptable means of payment.
7)States that a person is civilly liable to the person who
tendered the fees for the towing or storage of a vehicle.
8)Requires a towing company to have written authorization with
the following prior to removing a vehicle:
a) The make, model, and license plate number of the removed
vehicle;
b) The name, signature, job title, address and working
telephone number of the property owner or lessee
authorizing the removal of the vehicle;
c) The grounds for removal of the vehicle;
d) The time when the vehicle was first observed parked at
the private property; and,
e) The time when the vehicle was removed from the private
property.
9)Requires that a photocopy of the written authorization be
provided to the vehicle owner or an agent of the owner.
10)Requires a towing company to take a photograph and provide it
to the owner of the vehicle or an agent of the owner if the
towing company removes a vehicle without written authorization
and the vehicle is unlawfully parked within 15 feet of a fire
hydrant or lane.
11)States that a towing company must maintain a written
authorization with the photographs for three years and make
them available for inspection and copying without a warrant to
law enforcement, the Attorney General, district or city
attorney.
12)Makes it a misdemeanor, punishable by a fine of $2,500 or
three months in the county jail, or both, for the following:
a) A person to knowingly charge a vehicle owner an
AB 2210
Page 3
excessive rate;
b) A storage facility to refuse to post a notice visible to
the public that advises that all bank credit cards and cash
are acceptable means of payment; and,
c) Failure of a storage company to maintain a written
authorization with the photographs for three years and make
them available for inspection and copying without a warrant
to law enforcement, the Attorney General, district or city
attorney.
13)Expresses that remedies provided in this legislation are not
exclusive and are in addition to other remedies or procedures
provided in other provisions of law.
14)Specifies that a vehicle may be removed immediately after
being parked within 15 feet of a fire hydrant, in a fire lane,
if it is parked in a manner that interferes with an entrance
to, or an exit from of the private property.
15)States that a person who prematurely tows a vehicle (within
one hour of the vehicle being parked) is civilly liable to the
owner of the vehicle for two times the amount of the towing
and storage costs.
EXISTING LAW :
1)Authorizes a city or county to adopt rules and regulations by
ordinance or resolution regarding licensing and regulating the
operation of a tow truck service or driver whose principal
place of business or employment is within jurisdiction of that
local authority, except as specified.
2)Requires a towing company to remove a vehicle parked on
private property to the nearest public garage if the property
owner or lessee's prior authorization is obtained.
3)Imposes certain duties and responsibilities on tow truck
companies and storage facilities and their operators.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, a number of towing companies
in California engage in the unscrupulous practice of illegally
AB 2210
Page 4
towing cars and then demand exorbitant fees for their return.
Some of these practices include patrolling private lots and
removing vehicles without the presence of a property owner,
refusing to unconditionally release a vehicle to the owner
before it has been removed from the private property, and
unlawfully taking a vehicle within one hour of parking.
Consequently, these practices have cost motorists hundreds of
thousands of dollars, and stranded countless amounts of people
at all hours, many of whom are elderly, infirm, or with infants
and small children. Furthermore, the author states that some
tow truck operators have exhibited hostile and violent behavior
which is tarnishing the image of a legitimate industry. The
author's intent is to protect consumers and support legitimate
towing operators by enabling law enforcement to effectively
combat the rampant illegal behavior by predatory towing
companies.
This bill's sponsor, the Los Angeles City Attorney's Office,
states that this bill is necessary to give law enforcement the
necessary tools to protect consumers by establishing criminal
penalties and strengthening consumer rights.
The North County Apartment Managers Association (NCAMA), who is
in opposition, state that it is "untenable for our members, who
are mostly female and many of whom are single mothers, to be
required to physically present in a dangerous and
confrontational situation" to authorize a tow when a car is
illegally parked. NCAMA suggests amending the bill to allow
owners or managers of multi-family residential property to
authorize a tow by telephone, fax, or e-mail, provided that the
tow truck company has a contractual agreement with the property
owner and other consumer protections, such as taking a photo.
The author argues that the property manager or tenant need not
be physically present at the vehicle to authorize the tow and
that the tow truck operator could knock on the door to get the
authorization for the tow. In addition, the author states that
the scary confrontation would be avoided since the vehicle would
be returned to the owner if the owner showed up prior to the
vehicle being removed.
Author's amendments : The author plans on taking amendments to
the bill that do the following:
1)Allow a towing company to charge for half of the towing charge
AB 2210
Page 5
if the owner of the vehicle returns to the vehicle after it
has been coupled to the tow truck yet before it is removed
from the private property.
2)Make a towing company civilly liable to the owner of a vehicle
or to the person who paid the fees for failure to accept a
credit card.
3)Include the vehicle identification number as information that
is to be listed in a written authorization for a tow.
4)Require a towing company to notify law enforcement within 60
minutes of the vehicle being towed.
5)Makes failure to notify law enforcement of a tow a
misdemeanor.
6)Require that a towed vehicle be stored within a five-mile
radius of where it was towed, unless the towing company has
approval from law enforcement or if the private property falls
under county jurisdiction.
7)Require a towing or storage facility to remain open during
business hours and release vehicles during that time period.
8)Define business hours as the time that a towing company
removes a vehicle from property and an additional two hours
after the towing company has notified the law enforcement
agency of the last vehicle brought in, but not less than
Monday to Friday, 8 a.m. to 5 p.m., inclusive, except state
holidays.
9)State that a towing or storage facility must have a public pay
telephone on the premises that is open and accessible to the
public.
10)Prohibit the Department of Motor Vehicles (DMV) from issuing
a motor carrier permit to a towing company if it, or its
corporate officer, owner, manager, or operator has been
convicted of a felony or a misdemeanor, relating to theft and
unlawful driving or taking of a vehicle or vehicle tampering.
11)Require DMV to revoke a motor carrier permit issued to a
towing company for the above mentioned offenses.
AB 2210
Page 6
12)Make several technical, non-substantive changes.
REGISTERED SUPPORT / OPPOSITION :
Support
The Honorable Rockard J. Delgadillo, Los Angeles City Attorney
(sponsor)
California District Attorneys Association
California Peace Officer's Association
California Police Chiefs association
California Public Parking Association
Consumer Attorneys of California
Consumer Federation of California
Enterprise Rent-A-Car
Grant Parking, Inc.
Los Angeles County District Attorney's Office
Los Angeles Deputy Sheriffs
Official Police Garage of Los Angeles
Parking Association of California (PAC)
The Honorable Tony Rackauckas, Orange County District Attorney
Opposition
North County Apartment Managers Association
Analysis Prepared by : Gus F. Khouri / TRANS. / (916) 319-2093
