Removal of Parked and Abandoned VehiclesVehicle Disposition
Section § 22850
This section requires that when a law enforcement officer or government employee removes a vehicle from a highway or property, they must take it to the nearest safe location or to a government-designated storage garage. Additionally, they are required to record the vehicle's mileage at the time of removal.
Section § 22850.3
If a vehicle is stored due to a violation, the owner can only get it back if they show current vehicle registration to the law enforcement agency involved. If the vehicle was impounded on a weekend or holiday, the agency may issue a notice for the registration issue.
Every storage facility must display a notice saying that a car can only be released with proof of registration, or through a notice to appear, including the contact details of the agency responsible for the impound.
Section § 22850.5
This law allows local or state governments to set up rules for releasing impounded vehicles to their owners and to charge for related administrative costs. These costs can be waived if the vehicle was reported stolen at the time of impoundment. Charges are only applied to the vehicle's registered owner or their agent and do not apply if the vehicle is sold under certain conditions. Extra charges can't be added for hearings or appeals unless requested in writing and will only be charged to the requester.
Legal owners of vehicles are generally not charged these costs unless they ask for a storage-related hearing, and they don't have to request a hearing to get their vehicle back. The impounding agency can't require extra paperwork or notarized documents from legal owners beyond what's specifically mentioned in other laws.
Section § 22851
This law explains the rights and obligations of a garage keeper when a vehicle is towed to their facility. The garage keeper can hold a lien, which is a legal claim, on the vehicle for unpaid towing and storage fees for up to 60 days, or 120 days if they file for a lien sale. If the vehicle's owner shows up before it's towed away, they can take their vehicle back by paying the towing fees. However, any personal items inside the vehicle must be returned to the owner at no charge during business hours, with a potential gate fee for after-hours retrieval. The lien does not cover personal property, only the vehicle itself.
Moreover, business hours are defined as Monday to Friday, 8 a.m. to 5 p.m., excluding state holidays. The cost for after-hours releases is capped at half the original hourly towing rate. If the vehicle is disposed of, the lienholder is not responsible for any remaining personal property.
Section § 22851.1
If a vehicle is impounded and not released, it can be sold to cover outstanding debts related to it. A local authority can place a lien on the vehicle to recover unpaid parking fines, but this is secondary to other existing liens. If someone wants to enforce this lien, they must prove that the current vehicle owner is responsible for the outstanding parking tickets. The lien is only valid if charges for the parking violations were not responded to or if the vehicle owner hasn't filed a document proving they didn't own the vehicle when the violations occurred.
Section § 22851.2
If a vehicle is removed and valued under $500, except for abandoned ones, the responsible public agency must notify the Stolen Vehicle System within 48 hours and provide a report to any lienholder. This report should include the vehicle's estimated value, who estimated it, where it's located, and details like make, model, and registration numbers. The legal basis for storing the vehicle must also be included.
If ownership can't be determined because of the vehicle's condition, the agency can authorize its disposal. If they don't authorize disposal, a vehicle identification number must be assigned before starting the process to sell it off due to unpaid liens.
Section § 22851.3
This law section explains the procedure for removing and disposing of vehicles deemed to be of low value or abandoned by public agencies. When a vehicle's estimated value is $500 or less, certain steps must be followed for its removal and disposal. A notice must be placed on the vehicle at least 72 hours before removal, except for abandoned vehicles valued at $300 or less. Upon removal, the vehicle's information must be reported to the Department of Justice. The agency or lienholder must notify the vehicle's owners and interested parties within 48 hours, excluding weekends and holidays, providing details about the vehicle and advising of a possible disposal after 15 days.
An opportunity for a post-storage hearing must be offered, with conditions on how and when it can occur. The removing agency may bear costs if the removal was not justified, and disposal cannot proceed before the hearing and any subsequent review are completed. If the vehicle is unclaimed after 15 days and fees remain unpaid, disposal can occur to a licensed dismantler or scrap processor, but cannot be made operable unless it's a historical vehicle. Authorization for disposal may be issued easily if owner details aren't available.
Section § 22851.4
If it's decided that a vehicle is worth more than $500 according to Section 22670, then any debt tied to the vehicle owner's responsibility should be handled as detailed in Civil Code Sections 3067 to 3074.
Section § 22851.6
This section explains how lienholders, or individuals or entities that hold a claim on a vehicle for unpaid debt, should handle their claim when the vehicle’s value does not exceed $500. They must follow specific procedures outlined in two other sections, 22851.8 and 22851.10. The forms for these processes are created by the Department of Motor Vehicles and must use simple, clear language for ease of understanding.
Section § 22851.8
This law outlines the responsibilities and procedures for a lienholder when they take possession of a vehicle. First, they must request information about all interested parties from the DMV within 15 working days to avoid extra storage charges.
Then, they must notify the registered and legal owners, and any other known interested parties via certified mail about their intent to dispose of the vehicle. This notification includes a 'Notice of Intent,' a 'Declaration of Opposition' form, and an envelope for return mail.
The notices must detail the vehicle, the lien amount, and the owner's rights to a court hearing. If someone opposes by returning the form, the lienholder must go to court for a judgment before disposing of the vehicle.
If the opposition is not resolved, the lienholder can proceed with a court action within 20 days. If service attempts on the opponent fail, the lienholder can still proceed with the sale after notifying the DMV. Failure to respond or pay a judgment allows the lienholder to dispose of the vehicle.
Section § 22851.10
If a vehicle stored for towing has a value of $500 or less and isn't claimed or paid for, it can only be given to a licensed dismantler or scrap processor after 15 days from when a notice is mailed, unless someone protests it. If the vehicle is disposed of, the lienholder must send several documents to the dismantler, including proof of no protest form received, notices sent, and a certification of value.
The vehicle cannot be rebuilt or made usable again, except if it qualifies as a historical or horseless carriage vehicle, then it can be restored.
Section § 22851.12
This law allows a lienholder (someone who holds a legal claim on a vehicle due to unpaid debt) to charge a fee for preparing to sell a vehicle through a lien sale. The fee is up to $70 if the vehicle is valued at $4,000 or less, and up to $100 if it's worth more than $4,000. This fee begins to apply when the lienholder asks the Department of Motor Vehicles for a list of people with an interest in the car. However, only half of this fee can be charged until the lienholder has contacted interested parties and has the necessary documents. No fees can be applied if the vehicle is reclaimed within 72 hours of being stored.
Section § 22852
If a vehicle is stored by a public agency, the vehicle’s registered and legal owners, or their agents, must be given a chance for a hearing to decide if the storage was valid. The owners should receive a notice within 48 hours (not counting weekends and holidays) that has the agency’s contact information, where the car is stored, a description of the vehicle, why it was taken, and instructions on how to request a hearing within 10 days.
The hearing needs to happen within 48 hours of the request, excluding weekends and holidays. If the owner doesn't ask for or attend the hearing, the requirement is met. If the storage wasn’t justified, the agency must pay for towing and storage costs.
This rule doesn't apply to vehicles treated as abandoned, impounded for investigation, or removed from private property under specific conditions.
Section § 22852.5
This law explains that if someone tricks a lienholder out of their legal claim to a vehicle, the lienholder can regain their claim by repossessing the vehicle. However, any new legitimate claims made on the vehicle while it was out of the lienholder's possession take priority. It's also a misdemeanor for anyone to use tricks to obtain a vehicle subject to a lien or for a lienholder to knowingly break the laws governing liens.
Section § 22853
This law outlines the procedure for notifying the Department of Justice when a vehicle is removed and the owner cannot be identified immediately. If a California-registered vehicle is taken from public places and the owner isn't known, the officer must alert the Stolen Vehicle System and the garage storing the vehicle with details about it. For non-California registered vehicles, the department must also be informed within 120 hours if the owner isn't found, using a specific form. Similarly, vehicles removed from private property require the same notification process if the owner remains unidentified after 120 hours. Reports include a full vehicle description, removal info, mileage, and storage details.
Section § 22854
This law requires the Department of Justice to inform the registered and legal owner if a vehicle is removed from a highway or property, based on notifications from another section. The notice includes the officer's name, reasons for the removal, and vehicle's location. If the vehicle is registered in California, they use DMV records to find the owners. If not, they must still try to notify the owners. The notice also includes the vehicle's mileage at removal time.
Section § 22854.5
This law allows an officer or employee of a public agency, when they order a vehicle to be stored, to notify the National Law Enforcement Telecommunication System (NLETS) using any available method, including electronic. They need to send the vehicle identification number and certain information specified in other related sections about the vehicle.
Section § 22855
This law specifies who is authorized to appraise vehicles within California. The people who can do this are: CHP peace officers chosen by their commissioner, deputy sheriffs or employees picked by a county sheriff, city police officers or employees selected by a police chief, and DMV officials appointed by the director. Also, appointed officers or employees from the University of California, California State Universities, and transit district security are included, as well as certain city and county employees and those from the Department of Parks and Recreation.
Section § 22856
This law protects towing companies from being sued for destroying evidence if they sell or dispose of a vehicle after a lien sale. However, this protection doesn't apply if the towing company knew, or should have known, the vehicle was needed as evidence in a lawsuit.