Vehicles: Towing Fees and Access Notice.

(1) Existing law provides that every person has a possessory lien for the compensation to which he or she is legally entitled for the towing, storage, or labor associated with recovery or load salvage of any vehicle that has been authorized to be removed by a public agency, a private property owner, or a lessee, operator, or registered owner of the vehicle. Existing law requires that a person requesting release of the vehicle present documentation establishing that he or she is entitled to possession of the vehicle and authorizes an inspection of the vehicle by the legal owner or lessor, or his or her agent, within a specified time period after receiving a written demand for the inspection. This bill would define "documentation" and "agent" for these purposes and would also provide that a lienholder is not liable for any claim or dispute arising out of the reliance on the documentation for purposes of releasing a vehicle. (2) Existing law authorizes a peace officer, or a regularly employed and salaried public employee, who is engaged in directing traffic or enforcing parking laws and regulations, to remove a vehicle located within the territorial limits in which the officer or employee is allowed to act under specified circumstances, including, among other things, when a vehicle is illegally parked and blocks the movement of a legally parked vehicle. A violation of this provision is an infraction. This bill would establish, and require a person that charges for towing or storage, or both, to post a specified copy of "Towing Fees and Access Notice" that contains specific information regarding a vehicle owner's rights and responsibilities if his or her vehicle is towed, and would require, among other things, that it be posted in the office area of the storage facility in plain view of the public, with exceptions, and would also require that copies be made readily available to the public. The bill would require a person that charges for towing or storage, or both, to provide, upon request, a copy of the Towing Fees and Access Notice to any owner or operator of a towed or stored vehicle and would require the person to provide an itemized invoice for any towing and storage charges. The bill would also provide that a registered automotive repair dealer, that did not provide the tow, and that passes along, from the tower to the consumer, any of the information required on the itemized invoice, is not responsible for the accuracy of those items of information that remain unaltered. By creating a new crime, the bill would impose a state-mandated local program. The bill would also provide that a person who violates these provisions is civilly liable to a registered or legal owner of the vehicle, or a registered owner's insurer, for up to 2 times the amount charged, not to exceed $500 per vehicle. (3) 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 no reimbursement is required by this act for a specified reason.