SB 201

Bill Subjects

Abstract

(1) Existing law requires a magistrate, who is presented with the affidavit of a peace officer or a designated local transportation officer establishing reasonable cause to believe that a vehicle, described by vehicle type and license number, is being operated as a taxicab or other passenger vehicle for hire in violation of the licensing requirements adopted by a local authority, to issue a warrant or order authorizing any peace officer to immediately seize and cause the removal of the vehicle for a period of impoundment not to exceed 30 days. Existing law also requires the impounding agency to release the vehicle to the registered or legal owner or his or her agent prior to the end of the period of impoundment and without the permission of the magistrate authorizing the seizure of the vehicle if specified conditions are met and prohibits the legal owner or his or her agent from releasing the vehicle to the registered owner until the termination of the impoundment period. Existing law also specifies when the registered or legal owner or his or her agent is responsible for paying all towing and storage charges or fees. This bill would revise the conditions by which the impounded vehicle is required to be released to the legal owner or the legal owner's agent prior to the end of the impoundment period and without the permission of the magistrate authorizing the seizure of the vehicle. The bill would also establish monetary transaction requirements for a person operating or in charge of a storage facility, including accepting a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owner's agent claiming the vehicle. The bill would provide that the person operating or in charge of a storage facility who violates these requirements is civilly liable to the owner of the vehicle or to the person who tendered the fees for 4 times the amount of the towing, storage, and related fees, but not to exceed $500. This bill would make a legal owner who, knowingly releases or causes the release of a vehicle to a registered owner or the person in possession of the vehicle at the time of the impound or an agent of the registered owner prior to the termination of the impoundment period subject to a civil penalty in the amount of $1,250. (2) This bill would also incorporate additional changes in Section 21100.4 of the Vehicle Code proposed by AB 515, that would become operative only if AB 515 and this bill are both chaptered and become effective on or before January 1, 2010, and this bill is chaptered last.