Sacramento Report
by Debra Carlton
For over ten years, California law has prohibited “contract” towing (also referred to as “patrol” towing or “predatory” towing). The state’s Vehicle Code declares that this type of towing endangers public safety. “Predatory practices”—as labeled by lawmakers—involve tow company operators who patrol private lots and remove vehicles without the presence or approval of the property owner.
Current California law requires that the property owner (or his or her agent) must be present and sign a written authorization at the time the vehicle is towed. General authorization to remove or commence removal of a vehicle at the towing company’s discretion cannot be delegated by the property owner to a towing company, except in very limited circumstances. A property owner can be liable for double the storage costs or towing charges if he or she fails to comply with the law. There is a general belief among legislators, evident in hearings on this subject over the past several years, that some tow truck operators ignore this law. Further, there is some sentiment that the behavior exhibited by dishonest tow truck operators has created a negative image of the legitimate towing industry.
In order to crack down on these practices, Assemblymember Jackie Goldberg (D-Los Angeles) introduced AB 2210. The bill is co-authored by Assemblymember Roger Niello (R-Sacramento).
The bill, among other things, ensures that written towing authorization is genuine and verifiable by requiring it to contain specific information, such as the description of the towed vehicle; the VIN of the vehicle; the name, job title, business or residential address and signature of the property owner or agent authorizing the tow; the grounds for removal of the vehicle; the time the vehicle was first observed parked illegally on private property; and the time when the vehicle was towed. While a copy of this acknowledgement must be provided to vehicle owners when they claim their vehicles, the tow company must edit out the personal or identifying information of the individual who authorized the tow.
For the benefit of the rental housing industry, AB 2210 clarifies current law, stating that the person providing the written authorization shall be present on the private property at the time of the tow, but does not have to be physically present at the specified location on the private property from where the vehicle will be removed.
AB 2210 requires that tow truck operators give notice to local law enforcement that they have removed the vehicle. The notice must be made within 60 minutes of the commencement of the vehicle tow. Failure to comply with this section results in a misdemeanor penalty.
The bill also clarifies that towing companies and their drivers must immediately and unconditionally release a vehicle that is still on private property and not yet in transit, upon the request of the vehicle owner or his/her agent. The owner of the vehicle must agree to move the vehicle to a legal location.
In order to prevent towing operators from charging exorbitant fees, permissible towing and storage fees for tows from private property may not exceed those set forth in an agreement between a tow company and the law enforcement agency that exercises primary jurisdiction where the tow occurred. The bill creates a misdemeanor penalty for towing companies that knowingly charge excessive fees.
The California Apartment Association is supportive of the beneficial changes proposed for the rental housing industry in AB 2210. Confidentiality and public safety is provided in the language of AB 2210 for owners, on-site personnel and other agents assigned by the owner to ensure efficient and legal operations at the property.
AB 2210 recently passed the Assembly on a 78-to-0 bipartisan vote. It now moves to the Senate for hearings. We will continue to keep you posted on this bill and all other legislation that impacts the rental housing industry.
For a copy of the current requirements of the Vehicle Code that govern towing, see the “Resource” section of CAA’s website: www.caanet.org. Look for CAA’s article, entitled “Towing Vehicles from Rental Property.”
The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of SFAA or San Francisco Apartment Magazine. Debra Carlton is senior vice president of legislative affairs for the California Apartment Association and is CAA’s chief lobbyist. Copyright © 2006 by San Francisco Apartment Magazine. All rights reserved.