Vehicle Tow and Storage Act.

Existing law governs the licensing and regulation of tow truck drivers, authorizes the removal and storage of vehicles from public and private places, and regulates the storage of towed vehicles. A violation of the Vehicle Code is a crime. This bill would establish the Vehicle Towing and Storage Board in the Department of Consumer Affairs and would empower the board to, among other things, regulate and resolve disputes involving vehicle towing businesses. The bill would require the board to maintain a public database on its internet website on vehicle towing businesses. The bill would require a business to obtain a Vehicle Tow and Storage Permit and pay an annual fee before operating a tow truck or tow vehicle in California. The bill would establish various penalties for violations of these provisions. The bill also would require a permit applicant or permitholder to submit specified information to the board under penalty of perjury. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. Existing law makes an insurer that is responsible for reasonable towing and storage charges, as defined, liable to the person providing those services and requires that fees charged for towing and storage be reasonable. Under existing law, a towing and storage charge is deemed reasonable if it does not exceed those fees and rates charged for similar services provided in response to requests initiated by a public agency, including, but not limited to, the Department of the California Highway Patrol or a local police department. Existing law also provides that a storage fee is deemed reasonable if it is comparable to storage-related rates and fees charged by other facilities in the same locale. This bill would instead provide that a towing and storage charge is deemed reasonable if it does not exceed those fees and rates charged for similar services provided in the same geographical organization area established by the Department of the California Highway Patrol. Existing law prescribes certain consumer protection requirements for facilities that store towed and impounded vehicles, including, among others, a requirement that those facilities provide a specified notice to a vehicle owner. This bill would add to that notice information related to the Vehicle Tow and Storage Board. Existing law requires every motor carrier of property to comply with specified safety, permit, and liability insurance regulations and to pay the fees required by these provisions. Existing law also prohibits a motor carrier of property from releasing a vehicle to another motor carrier of property utilizing a tow truck until the releasing motor carrier obtains a copy of the motor carrier permit from the retrieving motor carrier. This bill would further restrict the releasing motor carrier from releasing the vehicle until the releasing motor carrier obtains a copy of the other motor carrier's Vehicle Tow and Storage Permit. 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.