Vehicles: tow trucks: illegal operation: impoundment and release.

(1) Existing law authorizes the owner or operator of a tow truck who complies with the specified requirements of the Vehicle Code relating to tow trucks to stop or park the tow truck upon a highway for the purpose of rendering assistance to a disabled vehicle, but prohibits the owner or operator from soliciting an engagement for towing services or moving a vehicle without proper authorization, unless exempted as specified. A violation of these provisions is a misdemeanor. This bill would delete the reference to an owner or operator of a tow truck and would instead provide that a tow truck driver who violates these prohibitions is, in addition to being guilty of a misdemeanor, subject to punishment by having the tow truck impounded for a period of 30 days and a $2,500 fine. (2) Existing law authorizes a member of the Department of the California Highway Patrol to impound a vehicle or combination of vehicles operated by a motor carrier of property, when the vehicle or combination of vehicles is found upon a highway, any public lands, or an offstreet parking facility and the motor carrier is found to be operating, either independently or for another motor carrier, after its motor carrier permit has been suspended by the Department of Motor Vehicles. A motor carrier of property that violates this provision is guilty of a misdemeanor, punishable by a fine of not more than $2,500, or by imprisonment in the county jail for not more than three months, or by both that fine and imprisonment. The bill would authorize the law enforcement agency, an impounding agency, or the person in possession of the tow truck, or any person acting on behalf of that agency or person to release a tow-truck, before the expiration of that 30-day period to the registered or legal owner or his or her agent only if certain conditions are met, including, but not limited to, the requirement that the legal owner or the legal owner's agent pay all towing and storage fees related to the impoundment of the tow truck. The bill would require the impounding agency to remain open to issue a release to the registered owner or legal owner of a tow truck whenever the agency is open to serve the public for regular, nonemergency business. The bill would require specified facilities where impounded tow trucks are stored to accept valid bank credit cards, as defined, or cash as payment for towing, storage, and related fees and would make the facility civilly liable, as specified, for a failure to do so. The bill would make it a misdemeanor for a legal owner of an impounded tow truck to knowingly release the tow truck to the registered owner of the tow truck in certain circumstances. The bill would impose additional requirements with respect to the release of an impounded tow truck. By creating new crimes, the bill would impose a state-mandated local program. (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.