A bill introduced by assembly member Jackie Goldberg and signed into law on September 29, 2006 has changed the law in regard to predatory towing and practices. The legislation adds new provisions, tightens existing regulations and adds criminal penalties for certain violations.
I am pleased that of the 13 recommendations I made in this Blog in 2004, six of them (4, 7, 8, 9, 10, and 12) have now been enacted into law by these new amendments. You can see my original recommendations by scrolling down to the end of the main article My Car Has Been Towed - What Now
I am pleased that of the 13 recommendations I made in this Blog in 2004, six of them (4, 7, 8, 9, 10, and 12) have now been enacted into law by these new amendments. You can see my original recommendations by scrolling down to the end of the main article My Car Has Been Towed - What Now
Here are some of the new amended laws main provisions:
1. Property Owner must give written authorization at place of tow which includes time they first noticed your vehicle, time they called tow company, VIN number, license number, their signature and job title, their address and phone number. This provision alone should stop the predatory tow truck operators, unless of course they don't mind going to jail!
2. No tow beyond 10 miles - This is a great new provision
3. Must take credit card as payment - Now Includes all Credit Cards, not just Master Card and Visa. Some local ordinances such as those in San Francisco allowed you to give the tow operator a check, but this is not in the California Motor Vehicle Code.
4. Must keep tow records on file for three years
5. Must release vehicle if owner arrives before tow driver leaves - But still must pay up to 1/2 of regular tow fee - maybe? (see main article for my comments)
6. Vehicle cannot be towed during first hour unless sign is posted stating no parking (see sign requirements in main article)
2. No tow beyond 10 miles - This is a great new provision
3. Must take credit card as payment - Now Includes all Credit Cards, not just Master Card and Visa. Some local ordinances such as those in San Francisco allowed you to give the tow operator a check, but this is not in the California Motor Vehicle Code.
4. Must keep tow records on file for three years
5. Must release vehicle if owner arrives before tow driver leaves - But still must pay up to 1/2 of regular tow fee - maybe? (see main article for my comments)
6. Vehicle cannot be towed during first hour unless sign is posted stating no parking (see sign requirements in main article)
7. Illegal towing becomes a crime - This is probably the biggest change. From San Diego to the Oregon border Californians have been ripped off by illegal towing scams. People park their car, go into a fast food restaurant or shop for 15 minutes and come out and find their car missing. After hundreds of complaints and numerous investigative reports by California newspapers and Television stations the legislature has finally taken action.
The changes are profound but I believe some parts of the new law are ambiguous and others give the tow truck companies extra fees where they would otherwise not have them. At least now though, when you believe your car has been wrongfully towed, California District Attorneys will listen to you and take action.
The changes are profound but I believe some parts of the new law are ambiguous and others give the tow truck companies extra fees where they would otherwise not have them. At least now though, when you believe your car has been wrongfully towed, California District Attorneys will listen to you and take action.
Many of the new changes in the law deal with the towing of vehicles from apartment complexes of 15 or less units without an on site manager and 15 or more units with an on site manager. This blog does not address itself to these circumstances except perhaps in an incidental manner. The primary focus of this blog is the towing of vehicles from shopping center, bank and other retail establishment parking lots.
The changes do not take effect until Jan. 1, 2007. I have indicated the new changes and my thoughts by using mostly red but sometimes blue and green in the text throughout this blog.
Article 22658 has been amended and rewritten in many ways. Some provisions have been modified. Others added or deleted. Thus the numbering and lettering of the sections and subsections may be different after January 1, 2007 than they were when I originally published this blog. I cannot go back and renumber everything. It is simply too much work. You should have no problems with any of this if you just read my blog and the new amendments as I have rewritten it.
Article 22658 has been amended and rewritten in many ways. Some provisions have been modified. Others added or deleted. Thus the numbering and lettering of the sections and subsections may be different after January 1, 2007 than they were when I originally published this blog. I cannot go back and renumber everything. It is simply too much work. You should have no problems with any of this if you just read my blog and the new amendments as I have rewritten it.
