Vehicles: tow trucks: illegal operation.

Existing law requires a magistrate presented with the affidavit of a peace officer or a designated local transportation officer establishing reasonable cause to believe that a vehicle, described by vehicle type and license number, is being operated as a taxicab or other passenger vehicle for hire in violation of licensing requirements adopted by a local authority to issue a warrant or order authorizing the peace officer or designated local transportation officer to immediately seize and cause the removal of the vehicle. Existing law also provides that the vehicle may be impounded for a period not to exceed 30 days and establishes, among other things, procedures for storage, a poststorage hearing, payment of storage charges, and release of the vehicle. A violation of these provisions is an infraction. This bill would establish similar procedures for the seizure and removal of a tow truck that is being operated in violation of local licensing requirements. The bill would also provide that a towing company owner, its agent, or a tow truck operator who violates licensing requirements adopted by a local authority is guilty of a misdemeanor punishable by a $5,000 fine. By creating a new crime, the 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 no reimbursement is required by this act for a specified reason.