All You Need To Know: California Towing Laws
The foundation for the tow regulations in California is found in California Business and Professions Code Section 22658. In essence, these laws require private property owners/members of the public to follow specific procedures before a vehicle can towed from privately owned property and to pay for the towing by the local municipality. This penalty assures compliance with the law. The law also provides a procedure for appealing the private property tow to the Department of Consumer Affairs of the State of California.
California statutes allow different communities/local municipalities to regulate parking and to operate their own impound police department. The California Business and Professions Code (AB 2210) is only the minimum standard. The communities can vary their policies in several areas , including but not limited to the allowed maximum rates. Some communities/local municipalities will enforce the tow regulations more stringently than others.
In order to be properly registered as a private property impound towing company, the registered tow company must complete the application provided by the California Bureau of Automotive Repair (the "Bureau") and mail along with a $100.00 registration fee and proof of insurance to that Bureau of Automotive Repair. This insurance must provide at least $250,000.00 in coverage for bodily injury to one person and a total of $300,000.00 for bodily injury to two or more persons in any one accident and $50,000.00 for property damage in anyone accident, and a $300,000.00 aggregate. These levels of coverage are meant to insure that property owners/members of the public to recover damages damages that were caused by the wrongful acts of registered tow company.
When Does A Vehicle Get Towed Away From Private Property?
There are certain conditions which must be satisfied in order for vehicles to be lawfully towed from private property. The tolling Entity must have erected a sign: In addition, the sign must be posted in accordance with California Vehicle Code section 22658(b) and should state the following: 1. That overnight or long term parking is prohibited, including any unauthorized overnight or long term parking. 2. That the tolling Entity is the owner or lessee of the property. 3. That the vehicles will be towed at the owner’s or operator’s expense. 4. The name and telephone number of the towing company engaged by the public agency to remove vehicles. 5. The toll free telephone number of the local Traffic Division office for the City or County in which the vehicle is located. 6. The name and telephone number of the Department of Consumer Affairs Bureau of Automotive Repair (BAR), including the toll free telephone number for consumers to call as specified in California Vehicle Code section 22658.2. 7. The amount of the towing fee as $415.00 a day or another amount as specified in regulation. 8. The amount of daily storage fees, up to $36.00 a day. 9. The dates and times of the time limitations and prohibitions. 10. Any other information, including geographic restrictions, set forth in California Vehicle Code section 22658(b)(1) and 22658(b)(2).
The Notice must be adhered to: In addition to the aforementioned requirements, the City/County must ensure that tow operators are utilizing proper methods to remove vehicles from the property. This includes the following: • Legible and clear signs must be placed at each driveway or entrance to the property and in addition to the sign at the entrance, it is advisable to place a sign every fifty five feet (55′) or closer at every entry/exit into the property which requires immediate attention to the sign. • The signage must be clearly marked to indicate that the vehicles are subject to immediate towing. • The City/County must ensure that all posted signs have a minimum face area of one square foot (1′) and are no more than five feet (5′) high. • The posted warning signs must state that the following types of vehicles will be removed at the vehicle owner’s &/or operator’s expense: o Any abandoned or unattended vehicle left standing on the property without the permission of the owner. o A vehicle which does not have a current license plate displayed (with the exception of motorcycles & mopeds part of California Vehicle Code section 22651 (i)(1) indicate the right to tow vehicles in this manner. • The City/County must also ensure that all vehicles which are towed from the property must be logged by the property owner or their agent at the time of towing in a record book or computer database prepared and maintained for that purpose. The log must be signed by the vehicle owner or operator at the time of towing. The logbooks must be available for inspection by law enforcement and must include the following information: o The date and time of the removal as well as an indication as to whether the vehicle was stored at a facility of the towing company or whether it was released without being stored. o The name and address of the vehicle owner/operator and/or custodian of the property from which the vehicle was taken. o The license number of the vehicle including a description of the make, model and body style. o A partial instrument number of the registered owner of the vehicle as indicated on the vehicle registration if practicable. o The place where the vehicle was located, such as the address, street parking, garage space number or stall number etc. o The date and time of entry onto the private property when the vehicle was discovered and the name of the person who discovered the vehicle. o The name of the person who authorized the removal of the vehicle and the name of the person who performed the removal. o The address and telephone of the towing company and storage facility to which the vehicle was removed.
What Rights Do Vehicle Owners Have In The Towing Laws?
Vehicle owners have a variety of rights under California law when it comes to private property towing. For instance, the vehicle owner has the right to request the release of their vehicle without any payment if they arrive prior to the vehicle being removed from the property. Unfortunately, this right is not often honored, especially if the vehicle owner arrives after the car has already been hooked to the tow truck. Even if you are denied immediate release of your vehicle, you must pay the full amount owed to the tow company, which includes storage fees, before the vehicle can be released to you.
If your vehicle is towed from private property, you have the right to receive a written notice of the tow within five days of the vehicle’s removal from your property. Most tow companies honor this law, but if you have not received such a notice within the appropriate time frame, you have the right to contact local law enforcement and file a complaint with the California Highway Patrol, which regulates and investigates improper and unlawful private property towing situations.
Vehicle owners have the right to file a complaint with the California Highway Patrol if they believe their vehicle was unlawfully towed. In order to prove liability, you must provide proof, such as photographs of signage on the private property, that improper signage existed where non-customers were not provided appropriate notice as to parking rules and regulations for that property. This can be difficult to substantiate without photographic evidence. If you are the victim of a tow where you believe that the property owner or hiring agent did not follow applicable law, document as much as you can, including the precise location of the signage, and contact our experienced attorneys for immediate assistance.
Who Is Responsible If A Vehicle Is Towed?
California Civil Code Section 22658 regulates the towing of vehicles from private property in California. Before a vehicle may be removed from a private parking facility, both the property owner and the private towing company must comply with the law. The law also requires that the signs contain specific language. If the signs do not comply with the law, a vehicle owner may obtain damages up to $1,000 against the property owner and $1,000 against the towing company for any improper towing on the property.
Put another way, if the sign only has some of the required language, like "Park at your own risk" the property owner and/or the towing company could be liable for damages to you up to $1,000 of your choice.
What Are The Tow Fees And Recovery Process?
In California, the fees associated with retrieving a towed vehicle can vary depending on the circumstances of the tow, but generally include a base fee, storage fees, and potentially additional charges. The base fee is the amount charged by the towing company for the service of towing the vehicle. Storage fees are charged for each day or part thereof that the vehicle is kept in the storage facility after being towed away from the location where it was parked. If the vehicle owner is required to retrieve their vehicle outside of normal business hours, additional after-hours fees may apply.
To recover a towed vehicle, owners are typically required to provide a valid form of identification, proof of ownership, and payment for all applicable fees at the time of recovery. In some cases, a valid driver’s license may also be needed to retrieve the vehicle. Vehicle owners who believe that they have been wrongfully towed may be able to recover their vehicle by presenting evidence that the tow was improper , such as documentation showing that the towing company failed to follow the proper procedures for removing a vehicle from private property.
While most towing companies require payment of all outstanding fees before they will release a vehicle, there are certain cases in which fees may be waived or not charged. For example, if the parking lot owner failed to provide adequate notice regarding parking rules before having the vehicle towed, the towing company may be prohibited from charging storage fees.
In general, vehicle owners who wish to contest the fees associated with retrieving a towed vehicle have limited options, as many of these fees are set by law or regulation. However, they may still benefit from seeking legal advice from an experienced attorney regarding their options for recovering, or even setting aside the towed vehicle.
Challenging A Tow: When And How Is It Considered Unlawful?
While private property owners have significant latitude in removing vehicles used without consent, California law mandates that they follow specific procedures. Unfortunately, overzealous towing companies and unscrupulous property owners intentionally or otherwise violate these laws, and victims of such illegal or unfair tows can take legal action.
Immediately after a tow, involved vehicle owners should retain all available evidence including:
With that information in hand, a vehicle owner can file a complaint with the company which performed the tow and the local police department. Both the California Highway Patrol and the California Department of Consumer Affairs offer guidance on how best to make complaints.
Lastly, victims of illegal or unfair towing can pursue civil claims against property owners and towing companies for damages, and there may be other damages or violations of statutes which affect your case. Such claims can involve wrongful towing, wrongful sale, conversion, trespass, unlawful conversion, damages for economic harm and damages for emotional injury. Talking to an attorney experienced with vehicle-related civil claims is the best way to determine the merits of your particular case.
Developments & Legal Precedents To Be Aware Of
A recent California appellate decision upheld the right of private property owners to have vehicles towed for parking violations. The decision affirms the longstanding practice of private property owners to enforce parking restrictions on their properties to prevent damage and liability. The court also considered the parking restriction language. While the exact language depends on the intended purpose of the posting, clear parking restriction signs that clearly indicate that parking is limited to certain vehicles, periods of time, or that parking is prohibited without a permit are helpful. It is essential that property owners with clearly defined parking restriction sections as to the purpose or intent for the restrictions on parking on their property. For example, a parking restriction against semi-trailer trucks that expressly states "No standing, stopping, or parking!" is not a prohibited sign nor is it an illegal restriction. In fact, it has been explicitly sanctioned by the 1994 amendment to Civil Code Section 22658, subdivision (d). In other words, it is legal to post signs restricting parking on private property against any vehicle with a sign that or a sticker in lettering greater than three inches such as "No Standing" or "No Parking" which would have the same legal effect as "No standing, stopping or parking!" The changes should make it easier for private residential communities to allege that towing has been done in accordance with applicable law. When properly implemented, properties should see the benefit in reduced unwanted guests and a reduced liability exposure.
Preventing Tow Situations: What Owners Can Do
Understanding and complying with parking regulations is the most effective way to prevent unwanted towing incidents. Here are some tips for vehicle owners and operators to avoid having your vehicle towed under the California Vehicle Code:
Know the parking rules for the area in which you park or leave your vehicle. Business districts may have restrictions regarding parking times, days of the week, and eligible vehicles. Pay attention to posted signs. Restrictions may be removed, altered, or added without any new signs necessarily being issued. Therefore , the best course of action when unsure as to whether parking is permitted is to inquire with local law enforcement for clarification. You may also verify parking restrictions on the local government authority website; most will have searchable ordinance and regulation databases. Understand that posted or expired prohibitions are not always enforced consistently. Business owners and their agents may also be subject to mistaken beliefs that expired prohibitions apply to private property. Do not attempt to park if there are visible signs against parking, or to do so in spite of such a reservation. Even if another vehicle does it, this does not remove your liability for being towed or cited.
As long as vehicle owners comply with all signage and parking rules, the risk of towing is almost entirely eliminated.