California Vehicle Code 22513.1 – (a) (1) A business taking possession of a vehicle from a …
(a) (1) A business taking possession of a vehicle from a tow truck during hours the business is open to the public shall document all of the following:
(A) The name, address, and telephone number of the towing company.
Terms Used In California Vehicle Code 22513.1
- business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Vehicle Code 234
- City: includes every city and city and county within this State. See California Vehicle Code 255
- County: includes every county and city and county within this State. See California Vehicle Code 270
- Dealer: is a person not otherwise expressly excluded by Section 286 who:
California Vehicle Code 285
- Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Vehicle Code 290
- driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
- Highway: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 360
- motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of §. See California Vehicle Code 415
- New motor vehicle dealer: is a dealer, as defined in Section 285, who, in addition to the requirements of that section, either acquires for resale new and unregistered motor vehicles from manufacturers or distributors of those motor vehicles or acquires for resale new off-highway motorcycles, or all-terrain vehicles from manufacturers or distributors of the vehicles. See California Vehicle Code 426
- owner: is a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle. See California Vehicle Code 460
- Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
- repair shop: is a place where vehicles subject to registration under this code are repaired, rebuilt, reconditioned, repainted, or in any way maintained for the public at a charge. See California Vehicle Code 510
- tow truck: is a motor vehicle which has been altered or designed and equipped for, and primarily used in the business of, transporting vehicles by means of a crane, hoist, tow bar, tow line, or dolly or is otherwise primarily used to render assistance to other vehicles. See California Vehicle Code 615
- vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670
(B) The name and driver‘s license number, driver’s identification number issued by a motor club, as defined in § 12142 of the Insurance Code, or other government authorized unique identifier of the tow truck operator.
(C) The make, model, and license plate or vehicle identification number.
(D) The date and time that possession was taken of the vehicle.
(2) For purposes of subparagraph (B) of paragraph (1), if a tow truck operator refuses to provide information described in subparagraph (B) of paragraph (1) to a new motor vehicle dealer, as defined in Section 426, a new motor vehicle dealer is in compliance with this section if the new motor vehicle dealer documents the reasonable efforts made to obtain this information from the tow truck operator.
(b) A business taking possession of a vehicle from a tow truck when the business is closed to the public shall document all of the following:
(1) The make, model, and license plate or vehicle identification number.
(2) The date and time that the business first observed the vehicle on its property.
(3) The reasonable effort made by the business to contact the towing company, if identifying information was left with the vehicle, and the vehicle’s owner or operator to obtain and document both of the following:
(A) The name, address, and telephone number of the towing company.
(B) The name and driver’s license number, driver’s identification number issued by a motor club, as defined in § 12142 of the Insurance Code, or other government authorized unique identifier of the tow truck operator.
(c) The information required in this section shall be maintained for three years and shall be available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, a sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, the Bureau of Automotive Repair, a district attorney’s office, or a city attorney’s office.
(d) For purposes of this section, a new motor vehicle dealer, as defined in Section 426, is not open to the public during hours its repair shop is closed to the public.
(e) A person who willfully violates this section is guilty of a misdemeanor, and that violation is punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.
(Amended by Stats. 2017, Ch. 561, Sec. 254. (AB 1516) Effective January 1, 2018.)