California Vehicle Code 28 – (a) Whenever possession is taken of any vehicle by or on behalf …
(a) Whenever possession is taken of any vehicle by or on behalf of its legal owner under the terms of a security agreement or lease agreement, the person taking possession shall contact, for the purpose of providing the information required pursuant to subdivision (d), within one hour after taking possession of the vehicle, by the most expeditious means available, the city police department where the taking of possession occurred, if within an incorporated city, or the sheriff’s department of the county where the taking of possession occurred, if outside an incorporated city, or the police department of a campus of the University of California or the California State University, if the taking of possession occurred on that campus. If, after an attempt to notify, law enforcement is unable to receive and record the notification required pursuant to subdivision (d), the person taking possession of the vehicle shall continue to attempt notification until the information required pursuant to subdivision (d) is provided.
(b) If possession is taken of more than one vehicle, the possession of each vehicle shall be considered and reported as a separate event.
Terms Used In California Vehicle Code 28
- City: includes every city and city and county within this State. See California Vehicle Code 255
- Conviction: A judgement of guilt against a criminal defendant.
- County: includes every county and city and county within this State. See California Vehicle Code 270
- 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
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- legal owner: is a person holding a security interest in a vehicle which is subject to the provisions of the Uniform Commercial Code, or the lessor of a vehicle to the State or to any county, city, district, or political subdivision of the State, or to the United States, under a lease, lease-sale, or rental-purchase agreement which grants possession of the vehicle to the lessee for a period of 30 consecutive days or more. See California Vehicle Code 370
- 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
- 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
(c) Any person failing to notify the city police department, sheriff’s department, or campus police department as required by this section is guilty of an infraction, and shall be fined a minimum of three hundred dollars ($300), and up to five hundred dollars ($500). The district attorney, city attorney, or city prosecutor shall promptly notify the Bureau of Security and Investigative Services of any conviction resulting from a violation of this section.
(d) For the notification required by this section, the person shall report only the following information and in the following order:
(1) The approximate location of the repossession.
(2) The date and approximate time of the repossession.
(3) The vehicle year, make, and model.
(4) The last six digits of the vehicle identification number.
(5) The registered owner as provided on the repossession assignment.
(6) The legal owner requesting the repossession as provided on the repossession assignment.
(7) The name of the repossession agency.
(8) The telephone number of the repossession agency.
(Amended by Stats. 2015, Ch. 740, Sec. 13. (AB 281) Effective January 1, 2016.)