22850. Whenever an officer or employee removes a vehicle from a
highway, or from public or private property, unless otherwise
provided, he shall take the vehicle to the nearest garage or other
place of safety or to a garage designated or maintained by the
governmental agency of which the officer or employee is a member,
where the vehicle shall be placed in storage.
At the time of such removal, the officer or employee shall
determine the amount of mileage on the vehicle.
22850.3. (a) A vehicle placed in storage pursuant to Section 22850
shall be released to the owner or person in control of the vehicle
only if the owner or person furnishes, to the law enforcement agency
or employee who placed the vehicle in storage, satisfactory proof of
current vehicle registration. The agency which caused the vehicle to
be stored may, in its discretion, issue a notice to appear for the
registration violation, if the two days immediately following the day
of impoundment are weekend days or holidays.
(b) At every storage facility there shall be posted in a
conspicuous place a notice to the effect that a vehicle placed in
storage pursuant to Section 22850 may be released only on proof of
current registration or, at the discretion of the impounding agency,
upon the issuance of a notice to appear for the registration
violation by the local agency which caused the vehicle to be stored,
specifying the name and telephone number of that local agency.
22850.5. (a) A city, county, or city and county, or a state agency
may adopt a regulation, ordinance, or resolution establishing
procedures for the release of properly impounded vehicles and for the
imposition of a charge equal to its administrative costs relating to
the removal, impound, storage, or release of the vehicles. Those
administrative costs may be waived by the local or state authority
upon verifiable proof that the vehicle was reported stolen at the
time the vehicle was removed.
(b) The following apply to any charges imposed for administrative
costs pursuant to subdivision (a):
(1) The charges shall only be imposed on the registered owner or
the agents of that owner and shall not include any vehicle towed
under an abatement program or sold at a lien sale pursuant to
Sections 3068.1 to 3074, inclusive, of, and Section 22851 of, the
Civil Code unless the sale is sufficient in amount to pay the
lienholder's total charges and proper administrative costs.
(2) Any charges shall be collected by the local or state authority
only from the registered owner or an agent of the registered owner.
(3) The charges shall be in addition to any other charges
authorized or imposed pursuant to this code.
(4) No charge may be imposed for any hearing or appeal relating to
the removal, impound, storage, or release of a vehicle unless that
hearing or appeal was requested in writing by the registered or legal
owner of the vehicle or an agent of that registered or legal owner.
In addition, the charge may be imposed only upon the person
requesting that hearing or appeal.
No administrative costs authorized under subdivision (a) shall be
charged to the legal owner who redeems the vehicle unless the legal
owner voluntarily requests a poststorage hearing. No city, county,
city and county, or state agency shall require a legal owner or a
legal owner's agent to request a poststorage hearing as a requirement
for release of the vehicle to the legal owner or the legal owner's
agent. The impounding agency, or any person acting on behalf of the
agency, shall not require the legal owner or the legal owner's agent
to produce any documents other than those specified in paragraph (3)
of subdivision (f) of Section 14602.6 or paragraph (3) of subdivision
(e) of Section 14602.7. The impounding agency, or any person acting
on behalf of the agency, shall not require any documents to be
notarized.
22851. (a) (1) Whenever a vehicle has been removed to a garage
under this chapter and the keeper of the garage has received the
notice or notices as provided herein, the keeper shall have a lien
dependent upon possession for his or her compensation for towage and
for caring for and keeping safe the vehicle for a period not
exceeding 60 days or, if an application for an authorization to
conduct a lien sale has been filed pursuant to Section 3068.1 of the
Civil Code within 30 days after the removal of the vehicle to the
garage, 120 days and, if the vehicle is not recovered by the owner
within that period or the owner is unknown, the keeper of the garage
may satisfy his or her lien in the manner prescribed in this article.
The lien shall not be assigned. Possession of the vehicle is deemed
to arise when a vehicle is removed and is in transit, or when vehicle
recovery operations or load salvage operations that have been
requested by a law enforcement agency have begun at the scene.
(2) Whenever a vehicle owner returns to a vehicle that is in
possession of a towing company prior to the removal of the vehicle,
the owner may regain possession of the vehicle from the towing
company if the owner pays the towing company the towing charges.
(b) No lien shall attach to any personal property in or on the
vehicle. The personal property in or on the vehicle shall be given to
the current registered owner or the owner's authorized agent upon
demand and without charge during normal business hours.
Notwithstanding any other provision of law, normal business hours are
Monday to Friday, inclusive, from 8 a.m. to 5 p.m., inclusive,
except state holidays. A gate fee may be charged for returning
property after normal business hours, weekends, and state holidays.
The maximum hourly charge for nonbusiness hours releases shall be
one-half the hourly tow rate charged for initially towing the
vehicle, or less. The lienholder is not responsible for property
after any vehicle has been disposed of pursuant to this chapter.
22851.1. (a) If the vehicle is impounded pursuant to subdivision
(i) of Section 22651 and not released as provided in that
subdivision, the vehicle may be sold pursuant to this chapter to
satisfy the liens specified in Section 22851 and in subdivision (b)
of this section.
(b) A local authority impounding a vehicle pursuant to subdivision
(i) of Section 22651 shall have a lien dependent upon possession by
the keeper of the garage for satisfaction of bail for all outstanding
notices of parking violation issued by the local authority for the
vehicle, when the conditions specified in subdivision (c) have been
met. This lien shall be subordinate in priority to the lien
established by Section 22851, and the proceeds of any sale shall be
applied accordingly. Consistent with this order of priority, the term
"lien," as used in this article and in Chapter 6.5 (commencing with
Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code,
includes a lien imposed by this subdivision. In any action brought to
perfect the lien, where required by subdivision (d) of Section
22851.8 of this code, or by subdivision (d) of Section 3071 or
subdivision (d) of Section 3072 of the Civil Code, it shall be a
defense to the recovery of bail that the owner of the vehicle at the
time of impoundment was not the owner of the vehicle at the time of
the parking offense.
(c) A lien shall exist for bail with respect to parking violations
for which no person has answered the charge in the notice of parking
violation given, or filed an affidavit of nonownership pursuant to
and within the time specified in subdivision (b) of Section 41103.
22851.2. (a) Excepting a vehicle removed pursuant to Section 22669,
if the vehicle is determined to have a value not exceeding five
hundred dollars ($500) pursuant to Section 22670, the public agency
that removed the vehicle shall do all of the following:
(1) Within 48 hours after removal of the vehicle, notify the
Stolen Vehicle System of the Department of Justice in Sacramento of
the removal.
(2) Prepare and give to the lienholder a report that includes all
of the following:
(A) The value of the vehicle estimated pursuant to Section 22670.
(B) The identification of the estimator.
(C) The location of the vehicle.
(D) A description of the vehicle, including the make, year model,
identification number, license number, state of registration, and, if
a motorcycle, an engine number.
(E) The statutory authority for storage.
(b) If the vehicle is in a condition that there is no means of
determining ownership, the public agency that removed the vehicle may
give authorization to dispose of the vehicle. If authorization for
disposal is not issued, a vehicle identification number shall be
assigned prior to commencing the lien sale proceedings.
22851.3. Whenever a peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
or any other employee of a public agency authorized pursuant to
Section 22669, removes, or causes the removal of, a vehicle pursuant
to Section 22669 and the public agency or, at the request of the
public agency, the lienholder determines the estimated value of the
vehicle is five hundred dollars ($500) or less, the public agency
that removed, or caused the removal of, the vehicle shall cause the
disposal of the vehicle under this section, subject to all of the
following requirements:
(a) Not less than 72 hours before the vehicle is removed, the
peace officer or the authorized public employee has securely attached
to the vehicle a distinctive notice which states that the vehicle
will be removed by the public agency. This subdivision does not apply
to abandoned vehicles removed pursuant to subdivision (d) of Section
22669 which are determined by the public agency to have an estimated
value of three hundred dollars ($300) or less.
(b) Immediately after removal of the vehicle, the public agency
which removed, or caused the removal of, the vehicle shall notify the
Stolen Vehicle System of the Department of Justice in Sacramento of
the removal.
(c) The public agency that removed, or caused the removal of, the
vehicle or, at the request of the public agency, the lienholder shall
obtain a copy of the names and addresses of all persons having an
interest in the vehicle, if any, from the Department of Motor
Vehicles either directly or by use of the California Law Enforcement
Telecommunications System. This subdivision does not require the
public agency or lienholder to obtain a copy of the actual record on
file at the Department of Motor Vehicles.
(d) Within 48 hours of the removal, excluding weekends and
holidays, the public agency that removed, or caused the removal of,
the vehicle or, at the request of the public agency, the lienholder
shall send a notice to the registered and legal owners at their
addresses of record with the Department of Motor Vehicles, and to any
other person known to have an interest in the vehicle. A notice sent
by the public agency shall be sent by certified or first-class mail,
and a notice sent by the lienholder shall be sent by certified mail.
The notice shall include all of the following information:
(1) The name, address, and telephone number of the public agency
providing the notice.
(2) The location of the place of storage and description of the
vehicle which shall include, if available, the vehicle make, license
plate number, vehicle identification number, and mileage.
(3) The authority and purpose for the removal of the vehicle.
(4) A statement that the vehicle may be disposed of 15 days from
the date of the notice.
(5) A statement that the owners and interested persons, or their
agents, have the opportunity for a poststorage hearing before the
public agency that removed, or caused the removal of, the vehicle to
determine the validity of the storage if a request for a hearing is
made in person, in writing, or by telephone within 10 days from the
date of notice; that, if the owner or interested person, or his or
her agent, disagrees with the decision of the public agency, the
decision may be reviewed pursuant to Section 11523 of the Government
Code; and that during the time of the initial hearing, or during the
time the decision is being reviewed pursuant to Section 11523 of the
Government Code, the vehicle in question may not be disposed of.
(e) (1) A requested hearing shall be conducted within 48 hours of
the request, excluding weekends and holidays. The public agency that
removed the vehicle may authorize its own officers to conduct the
hearing if the hearing officer is not the same person who directed
the storage of the vehicle.
(2) Failure of either the registered or legal owner or interested
person, or his or her agent, to request or to attend a scheduled
hearing shall satisfy the poststorage validity hearing requirement of
this section.
(f) The public agency employing the person, or utilizing the
services of a contractor or franchiser pursuant to subdivision (b) of
Section 22669, that removed, or caused the removal of, the vehicle
and that directed any towing or storage, is responsible for the costs
incurred for towing and storage if it is determined in the hearing
that reasonable grounds to believe that the vehicle was abandoned are
not established.
(g) An authorization for disposal may not be issued by the public
agency that removed, or caused the removal of, the vehicle to a
lienholder who is storing the vehicle prior to the conclusion of a
requested poststorage hearing or any judicial review of that hearing.
(h) If, after 15 days from the notification date, the vehicle
remains unclaimed and the towing and storage fees have not been paid,
and if no request for a poststorage hearing was requested or a
poststorage hearing was not attended, the public agency that removed,
or caused the removal of, the vehicle shall provide to the
lienholder who is storing the vehicle, on a form approved by the
Department of Motor Vehicles, authorization to dispose of the
vehicle. The lienholder may request the public agency to provide the
authorization to dispose of the vehicle.
(i) If the vehicle is claimed by the owner or his or her agent
within 15 days of the notice date, the lienholder who is storing the
vehicle may collect reasonable fees for services rendered, but may
not collect lien sale fees as provided in Section 22851.12.
(j) Disposal of the vehicle by the lienholder who is storing the
vehicle may only be to a licensed dismantler or scrap iron processor.
A copy of the public agency's authorization for disposal shall be
forwarded to the licensed dismantler within five days of disposal to
a licensed dismantler. A copy of the public agency's authorization
for disposal shall be retained by the lienholder who stored the
vehicle for a period of 90 days if the vehicle is disposed of to a
scrap iron processor.
(k) If the names and addresses of the registered and legal owners
of the vehicle are not available from the records of the Department
of Motor Vehicles, either directly or by use of the California Law
Enforcement Telecommunications System, the public agency may issue to
the lienholder who stored the vehicle an authorization for disposal
at any time after the removal.
The lienholder may request the public agency to issue an
authorization for disposal after the lienholder ascertains that the
names and addresses of the registered and legal owners of the vehicle
are not available from the records of the Department of Motor
Vehicles either directly or by use of the California Law Enforcement
Telecommunications System.
(l) A vehicle disposed of pursuant to this section may not be
reconstructed or made operable, unless it is a vehicle that qualifies
for either horseless carriage license plates or historical vehicle
license plates, pursuant to Section 5004, in which case the vehicle
may be reconstructed or made operable.
22851.4. If the vehicle is determined to have a value exceeding
five hundred dollars ($500) pursuant to Section 22670, the lien shall
be satisfied pursuant to Sections 3067 to 3074, inclusive, of the
Civil Code.
22851.6. (a) Lienholders who acquire a vehicle subject to Section
22851.2 shall satisfy their lien pursuant to Sections 22851.8 and
22851.10 if the vehicle has a value not exceeding five hundred
dollars ($500), as determined pursuant to Section 22670.
(b) All forms required by Sections 22851.8 and 22851.10 shall be
prescribed by the Department of Motor Vehicles. The language used in
the notices and declarations shall be simple and nontechnical.
22851.8. (a) The lienholder shall, within 15 working days following
the date of possession of the vehicle, make a request to the
Department of Motor Vehicles for the names and addresses of all
persons having an interest in the vehicle. A storage charge may not
accrue beyond the 15-day period unless the lienholder has made a
request to the Department of Motor Vehicles as provided for in this
section.
(b) By certified mail with return receipt requested or by United
States Postal Service Certificate of Mailing, the lienholder shall
immediately, upon receipt of this information, send the following
prescribed forms and enclosures to the registered owner and legal
owner at their addresses of record with the Department of Motor
Vehicles, and to any other person known to have an interest in the
vehicle:
(1) A completed form entitled "Notice of Intent to Dispose of a
Vehicle Valued at $500 or Less."
(2) A blank form entitled "Declaration of Opposition."
(3) A return envelope preaddressed to the lienholder.
(c) All notices to persons having an interest in the vehicle shall
be signed under penalty of perjury and shall include all of the
following:
(1) A description of the vehicle, including make, year, model,
identification number, license number, and state of registration. For
motorcycles, the engine number shall also be included.
(2) The names and addresses of the registered and legal owners of
the vehicle and any other person known to have an interest in the
vehicle.
(3) The following statements and information:
(A) The amount of the lien.
(B) The facts concerning the claim that gives rise to the lien.
(C) The person has a right to a hearing in court.
(D) If a hearing in court is desired, a Declaration of Opposition
form shall be signed under penalty of perjury and returned to the
lienholder within 10 days of the date the notice form specified in
paragraph (1) of subdivision (b) was mailed.
(E) If the Declaration of Opposition form is signed and mailed,
the lienholder shall be allowed to dispose of the vehicle only if the
lienholder obtains a court judgment or a subsequent release from the
declarant or if the declarant cannot be served as described in
subdivision (e).
(F) If a court action is filed, the declarant shall be notified of
the lawsuit at the address shown on the Declaration of Opposition
form, and the declarant may appear to contest the claim.
(G) The declarant may be liable for court costs if a judgment is
entered in favor of the lienholder.
(4) A statement that the lienholder may dispose of the vehicle to
a licensed dismantler or scrap iron processor if it is not redeemed
or if a Declaration of Opposition form is not signed and mailed to
the lienholder within 10 days of the date the notice form specified
in paragraph (1) of subdivision (b) was mailed.
(d) If the lienholder receives a completed Declaration of
Opposition form within the time prescribed, the vehicle shall not be
disposed of unless the lienholder files an action in court within 20
days of the date the notice form specified in paragraph (1) of
subdivision (b) was mailed and a judgment is subsequently entered in
favor of the lienholder or unless the declarant subsequently releases
his or her interest in the vehicle. If a money judgment is entered
in favor of the lienholder and the judgment is not paid within five
days after becoming final, then the lienholder may dispose of the
vehicle through a dismantler or scrap iron processor.
(e) (1) Service on the declarant in person or by certified mail,
return receipt requested, signed by the addressee at the address
shown on the Declaration of Opposition form, shall be effective for
the serving of process.
(2) If the lienholder has served the declarant by certified mail,
return receipt requested, at the address shown on the Declaration of
Opposition form and the mail has been returned unclaimed, or if the
lienholder has attempted to effect service on the declarant in person
with a marshal, sheriff, or licensed process server and the marshal,
sheriff, or licensed process server has been unable to effect
service on the declarant, the lienholder may proceed with the
judicial proceeding or proceed with the lien sale without a judicial
proceeding. The lienholder shall notify the Department of Motor
Vehicles of the inability to effect service on the declarant and
shall provide the Department of Motor Vehicles with a copy of the
documents with which service on the declarant was attempted. Upon
receipt of the notification of unsuccessful service, the Department
of Motor Vehicles shall send authorization of the sale to the
lienholder and send notification of the authorization to the
declarant. If service is effected on the declarant, the proof of
service shall be submitted to the Department of Motor Vehicles with
the documents specified in Section 22851.10.
22851.10. (a) A vehicle determined to have a value not exceeding
five hundred dollars ($500) pursuant to Section 22670 that was stored
pursuant to this chapter, and that remains unclaimed, or for which
reasonable towing and storage charges remain unpaid, shall be
disposed of only to a licensed dismantler or scrap iron processor not
earlier than 15 days after the date the Notice of Intent to Dispose
of a Vehicle Valued at $500 or Less form required pursuant to
subdivision (b) of Section 22851.8 was mailed, unless a Declaration
of Opposition form has been signed and returned to the lienholder.
(b) If the vehicle has been disposed of to a licensed dismantler
or scrap iron processor, the lienholder shall forward the following
forms and information to the licensed dismantler or scrap iron
processor within five days:
(1) A statement, signed under penalty of perjury, that a properly
executed Declaration of Opposition form was not received.
(2) A copy of the notice sent to all interested parties.
(3) A certification from the public agency that made the
determination of value pursuant to Section 22670.
(4) The proof of service pursuant to subdivision (e) of Section
22851.8 or a copy of the court judgment, if any in favor of the
lienholder entered pursuant to subdivision (d) of Section 22851.8.
(5) The name, address, and telephone number of the licensed
dismantler or scrap iron processor who received the vehicle.
(6) The amount the lienholder received for the vehicle.
(c) A vehicle disposed of pursuant to this section shall not be
reconstructed or made operable, unless it is a vehicle that qualifies
for either horseless carriage license plates or historical vehicle
license plates, pursuant to Section 5004, in which case the vehicle
may be reconstructed or made operable.
22851.12. The lienholder may charge a fee for lien-sale
preparations not to exceed seventy dollars ($70) in the case of a
vehicle having a value determined to be four thousand dollars
($4,000) or less and not to exceed one hundred dollars ($100) in the
case of a vehicle having a value determined to be greater than four
thousand dollars ($4,000), from any person who redeems the vehicle
prior to disposal or is sold through a lien sale pursuant to this
chapter. These charges may commence and become part of the possessory
lien when the lienholder requests the names and addresses of all
persons having an interest in the vehicle from the department. Not
more than 50 percent of the allowable fee may be charged until the
lien sale notifications are mailed to all interested parties and the
lienholder or the registration service agent has possession of the
required lien processing documents. This charge shall not be made in
the case of any vehicle redeemed prior to 72 hours from the initial
storage.
22852. (a) Whenever an authorized member of a public agency directs
the storage of a vehicle, as permitted by this chapter, or upon the
storage of a vehicle as permitted under this section (except as
provided in subdivision (f) or (g)), the agency or person directing
the storage shall provide the vehicle's registered and legal owners
of record, or their agents, with the opportunity for a poststorage
hearing to determine the validity of the storage.
(b) A notice of the storage shall be mailed or personally
delivered to the registered and legal owners within 48 hours,
excluding weekends and holidays, and shall include all of the
following information:
(1) The name, address, and telephone number of the agency
providing the notice.
(2) The location of the place of storage and description of the
vehicle, which shall include, if available, the name or make, the
manufacturer, the license plate number, and the mileage.
(3) The authority and purpose for the removal of the vehicle.
(4) A statement that, in order to receive their poststorage
hearing, the owners, or their agents, shall request the hearing in
person, writing, or by telephone within 10 days of the date appearing
on the notice.
(c) The poststorage hearing shall be conducted within 48 hours of
the request, excluding weekends and holidays. The public agency may
authorize its own officer or employee to conduct the hearing if the
hearing officer is not the same person who directed the storage of
the vehicle.
(d) Failure of either the registered or legal owner, or his or her
agent, to request or to attend a scheduled hearing shall satisfy the
poststorage hearing requirement.
(e) The agency employing the person who directed the storage shall
be responsible for the costs incurred for towing and storage if it
is determined in the poststorage hearing that reasonable grounds for
the storage are not established.
(f) This section does not apply to vehicles abated under the
Abandoned Vehicle Abatement Program pursuant to Sections 22660 to
22668, inclusive, and Section 22710, or to vehicles impounded for
investigation pursuant to Section 22655, or to vehicles removed from
private property pursuant to Section 22658.
(g) This section does not apply to abandoned vehicles removed
pursuant to Section 22669 that are determined by the public agency to
have an estimated value of five hundred dollars ($500) or less.
22852.5. (a) Whenever the possessory lien upon any vehicle is lost
through trick, fraud, or device, the repossession of the vehicle by
the lienholder revives the possessory lien, but any lien so revived
is subordinate to any right, title, or interest of any person under
any sale, transfer, encumbrance, lien, or other interest acquired or
secured in good faith and for value between the time of the loss of
possession and the time of repossession.
(b) It is a misdemeanor for any person to obtain possession of any
vehicle or any part thereof subject to a lien pursuant to the
provisions of this chapter by trick, fraud, or device.
(c) It is a misdemeanor for any person claiming a lien on a
vehicle to knowingly violate any provision of this chapter.
22853. (a) Whenever an officer or an employee removing a California
registered vehicle from a highway or from public property for
storage under this chapter does not know and is not able to ascertain
the name of the owner or for any other reason is unable to give
notice to the owner as required by Section 22852, the officer or
employee shall immediately notify, or cause to be notified, the
Department of Justice, Stolen Vehicle System, of its removal. The
officer or employee shall file a notice with the proprietor of any
public garage in which the vehicle may be stored. The notice shall
include a complete description of the vehicle, the date, time, and
place from which removed, the amount of mileage on the vehicle at the
time of removal, and the name of the garage or place where the
vehicle is stored.
(b) Whenever an officer or an employee removing a vehicle not
registered in California from a highway or from public property for
storage under this chapter does not know and is not able to ascertain
the owner or for any other reason is unable to give the notice to
the owner as required by Section 22852, the officer or employee shall
immediately notify, or cause to be notified, the Department of
Justice, Stolen Vehicle System. If the vehicle is not returned to the
owner within 120 hours, the officer or employee shall immediately
send, or cause to be sent, a written report of the removal by mail to
the Department of Justice at Sacramento and shall file a copy of the
notice with the proprietor of any public garage in which the vehicle
may be stored. The report shall be made on a form furnished by that
department and shall include a complete description of the vehicle,
the date, time, and place from which the vehicle was removed, the
amount of mileage on the vehicle at the time of removal, the grounds
for removal, and the name of the garage or place where the vehicle is
stored.
(c) Whenever an officer or employee or private party removing a
vehicle from private property for storage under this chapter does not
know and is not able to ascertain the name of the owner or for any
other reason is unable to give the notice to the owner as required by
Section 22852 and if the vehicle is not returned to the owner within
a period of 120 hours, the officer or employee or private party
shall immediately send, or cause to be sent, a written report of the
removal by mail to the Department of Justice at Sacramento and shall
file a copy of the notice with the proprietor of any public garage in
which the vehicle may be stored. The report shall be made on a form
furnished by that department and shall include a complete description
of the vehicle, the date, time, and place from which the vehicle was
removed, the amount of mileage on the vehicle at the time of
removal, the grounds for removal, and the name of the garage or place
where the vehicle is stored.
22854. The Department of Justice upon receiving notice under
Section 22853 of the removal of a vehicle from a highway, or from
public or private property, shall notify the registered and legal
owner in writing at the addresses of such persons as shown by the
records of the Department of Motor Vehicles, if the vehicle is
registered in this state, of the removal of such vehicle, and give
the name of the officer reporting such removal, the grounds upon
which the removal was authorized and the location of the vehicle. If
the vehicle is not registered in this state, the department shall
make reasonable effort to notify the legal or registered owner of the
removal and location of the vehicle. The notice to the registered or
legal owner shall list the amount of mileage on the vehicle at the
time of removal.
22854.5. Whenever an officer or employee of a public agency directs
the storage of a vehicle under this chapter, the officer, employee,
or agency directing that storage may notify the National Law
Enforcement Telecommunication System by transmitting by any means
available, including, but not limited to, electronic means, the
vehicle identification number, the information listed in paragraphs
(1), (2), and (3) of subdivision (b) of Section 22852, and the
information described under Section 22853.
22855. The following persons shall have the authority to make
appraisals of the value of vehicles for purposes of this chapter,
subject to the conditions stated in this chapter:
(a) Any peace officer of the Department of the California Highway
Patrol designated by the commissioner.
(b) Any regularly employed and salaried deputy sheriff, any
reserve deputy sheriff listed under Section 830.6 of the Penal Code,
or any other employee designated by the sheriff of any county.
(c) Any regularly employed and salaried police officer, any
reserve police officer listed under Section 830.6 of the Penal Code,
or any other employee designated by the chief of police of any city.
(d) Any officer or employee of the Department of Motor Vehicles
designated by the director of that department.
(e) Any regularly employed and salaried police officer, or reserve
police officer, or other employee of the University of California
Police Department designated by the chief of the department.
(f) Any regularly salaried employee of a city, county, or city and
county designated by a board of supervisors or a city council
pursuant to subdivision (a) of Section 22669.
(g) Any regularly employed and salaried police officer, or reserve
police officer, or other employee of the police department of a
California State University designated by the chief thereof.
(h) Any regularly employed and salaried security officer or other
employee of a transit district security force designated by the chief
thereof.
(i) Any regularly employed and salaried peace officer, or reserve
peace officer, or other employee of the Department of Parks and
Recreation designated by the director of that department.
22856. Notwithstanding any other provision of law, no cause of
action for despoliation of evidence shall arise against any towing
company that sells any vehicle at, or disposes of any vehicle after,
a lien sale, unless the company knew, or should have known, that the
vehicle will be needed as evidence in a legal action.
22850. Whenever an officer or employee removes a vehicle from a
highway, or from public or private property, unless otherwise
provided, he shall take the vehicle to the nearest garage or other
place of safety or to a garage designated or maintained by the
governmental agency of which the officer or employee is a member,
where the vehicle shall be placed in storage.
At the time of such removal, the officer or employee shall
determine the amount of mileage on the vehicle.
22850.3. (a) A vehicle placed in storage pursuant to Section 22850
shall be released to the owner or person in control of the vehicle
only if the owner or person furnishes, to the law enforcement agency
or employee who placed the vehicle in storage, satisfactory proof of
current vehicle registration. The agency which caused the vehicle to
be stored may, in its discretion, issue a notice to appear for the
registration violation, if the two days immediately following the day
of impoundment are weekend days or holidays.
(b) At every storage facility there shall be posted in a
conspicuous place a notice to the effect that a vehicle placed in
storage pursuant to Section 22850 may be released only on proof of
current registration or, at the discretion of the impounding agency,
upon the issuance of a notice to appear for the registration
violation by the local agency which caused the vehicle to be stored,
specifying the name and telephone number of that local agency.
22850.5. (a) A city, county, or city and county, or a state agency
may adopt a regulation, ordinance, or resolution establishing
procedures for the release of properly impounded vehicles and for the
imposition of a charge equal to its administrative costs relating to
the removal, impound, storage, or release of the vehicles. Those
administrative costs may be waived by the local or state authority
upon verifiable proof that the vehicle was reported stolen at the
time the vehicle was removed.
(b) The following apply to any charges imposed for administrative
costs pursuant to subdivision (a):
(1) The charges shall only be imposed on the registered owner or
the agents of that owner and shall not include any vehicle towed
under an abatement program or sold at a lien sale pursuant to
Sections 3068.1 to 3074, inclusive, of, and Section 22851 of, the
Civil Code unless the sale is sufficient in amount to pay the
lienholder's total charges and proper administrative costs.
(2) Any charges shall be collected by the local or state authority
only from the registered owner or an agent of the registered owner.
(3) The charges shall be in addition to any other charges
authorized or imposed pursuant to this code.
(4) No charge may be imposed for any hearing or appeal relating to
the removal, impound, storage, or release of a vehicle unless that
hearing or appeal was requested in writing by the registered or legal
owner of the vehicle or an agent of that registered or legal owner.
In addition, the charge may be imposed only upon the person
requesting that hearing or appeal.
No administrative costs authorized under subdivision (a) shall be
charged to the legal owner who redeems the vehicle unless the legal
owner voluntarily requests a poststorage hearing. No city, county,
city and county, or state agency shall require a legal owner or a
legal owner's agent to request a poststorage hearing as a requirement
for release of the vehicle to the legal owner or the legal owner's
agent. The impounding agency, or any person acting on behalf of the
agency, shall not require the legal owner or the legal owner's agent
to produce any documents other than those specified in paragraph (3)
of subdivision (f) of Section 14602.6 or paragraph (3) of subdivision
(e) of Section 14602.7. The impounding agency, or any person acting
on behalf of the agency, shall not require any documents to be
notarized.
22851. (a) (1) Whenever a vehicle has been removed to a garage
under this chapter and the keeper of the garage has received the
notice or notices as provided herein, the keeper shall have a lien
dependent upon possession for his or her compensation for towage and
for caring for and keeping safe the vehicle for a period not
exceeding 60 days or, if an application for an authorization to
conduct a lien sale has been filed pursuant to Section 3068.1 of the
Civil Code within 30 days after the removal of the vehicle to the
garage, 120 days and, if the vehicle is not recovered by the owner
within that period or the owner is unknown, the keeper of the garage
may satisfy his or her lien in the manner prescribed in this article.
The lien shall not be assigned. Possession of the vehicle is deemed
to arise when a vehicle is removed and is in transit, or when vehicle
recovery operations or load salvage operations that have been
requested by a law enforcement agency have begun at the scene.
(2) Whenever a vehicle owner returns to a vehicle that is in
possession of a towing company prior to the removal of the vehicle,
the owner may regain possession of the vehicle from the towing
company if the owner pays the towing company the towing charges.
(b) No lien shall attach to any personal property in or on the
vehicle. The personal property in or on the vehicle shall be given to
the current registered owner or the owner's authorized agent upon
demand and without charge during normal business hours.
Notwithstanding any other provision of law, normal business hours are
Monday to Friday, inclusive, from 8 a.m. to 5 p.m., inclusive,
except state holidays. A gate fee may be charged for returning
property after normal business hours, weekends, and state holidays.
The maximum hourly charge for nonbusiness hours releases shall be
one-half the hourly tow rate charged for initially towing the
vehicle, or less. The lienholder is not responsible for property
after any vehicle has been disposed of pursuant to this chapter.
22851.1. (a) If the vehicle is impounded pursuant to subdivision
(i) of Section 22651 and not released as provided in that
subdivision, the vehicle may be sold pursuant to this chapter to
satisfy the liens specified in Section 22851 and in subdivision (b)
of this section.
(b) A local authority impounding a vehicle pursuant to subdivision
(i) of Section 22651 shall have a lien dependent upon possession by
the keeper of the garage for satisfaction of bail for all outstanding
notices of parking violation issued by the local authority for the
vehicle, when the conditions specified in subdivision (c) have been
met. This lien shall be subordinate in priority to the lien
established by Section 22851, and the proceeds of any sale shall be
applied accordingly. Consistent with this order of priority, the term
"lien," as used in this article and in Chapter 6.5 (commencing with
Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code,
includes a lien imposed by this subdivision. In any action brought to
perfect the lien, where required by subdivision (d) of Section
22851.8 of this code, or by subdivision (d) of Section 3071 or
subdivision (d) of Section 3072 of the Civil Code, it shall be a
defense to the recovery of bail that the owner of the vehicle at the
time of impoundment was not the owner of the vehicle at the time of
the parking offense.
(c) A lien shall exist for bail with respect to parking violations
for which no person has answered the charge in the notice of parking
violation given, or filed an affidavit of nonownership pursuant to
and within the time specified in subdivision (b) of Section 41103.
22851.2. (a) Excepting a vehicle removed pursuant to Section 22669,
if the vehicle is determined to have a value not exceeding five
hundred dollars ($500) pursuant to Section 22670, the public agency
that removed the vehicle shall do all of the following:
(1) Within 48 hours after removal of the vehicle, notify the
Stolen Vehicle System of the Department of Justice in Sacramento of
the removal.
(2) Prepare and give to the lienholder a report that includes all
of the following:
(A) The value of the vehicle estimated pursuant to Section 22670.
(B) The identification of the estimator.
(C) The location of the vehicle.
(D) A description of the vehicle, including the make, year model,
identification number, license number, state of registration, and, if
a motorcycle, an engine number.
(E) The statutory authority for storage.
(b) If the vehicle is in a condition that there is no means of
determining ownership, the public agency that removed the vehicle may
give authorization to dispose of the vehicle. If authorization for
disposal is not issued, a vehicle identification number shall be
assigned prior to commencing the lien sale proceedings.
22851.3. Whenever a peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
or any other employee of a public agency authorized pursuant to
Section 22669, removes, or causes the removal of, a vehicle pursuant
to Section 22669 and the public agency or, at the request of the
public agency, the lienholder determines the estimated value of the
vehicle is five hundred dollars ($500) or less, the public agency
that removed, or caused the removal of, the vehicle shall cause the
disposal of the vehicle under this section, subject to all of the
following requirements:
(a) Not less than 72 hours before the vehicle is removed, the
peace officer or the authorized public employee has securely attached
to the vehicle a distinctive notice which states that the vehicle
will be removed by the public agency. This subdivision does not apply
to abandoned vehicles removed pursuant to subdivision (d) of Section
22669 which are determined by the public agency to have an estimated
value of three hundred dollars ($300) or less.
(b) Immediately after removal of the vehicle, the public agency
which removed, or caused the removal of, the vehicle shall notify the
Stolen Vehicle System of the Department of Justice in Sacramento of
the removal.
(c) The public agency that removed, or caused the removal of, the
vehicle or, at the request of the public agency, the lienholder shall
obtain a copy of the names and addresses of all persons having an
interest in the vehicle, if any, from the Department of Motor
Vehicles either directly or by use of the California Law Enforcement
Telecommunications System. This subdivision does not require the
public agency or lienholder to obtain a copy of the actual record on
file at the Department of Motor Vehicles.
(d) Within 48 hours of the removal, excluding weekends and
holidays, the public agency that removed, or caused the removal of,
the vehicle or, at the request of the public agency, the lienholder
shall send a notice to the registered and legal owners at their
addresses of record with the Department of Motor Vehicles, and to any
other person known to have an interest in the vehicle. A notice sent
by the public agency shall be sent by certified or first-class mail,
and a notice sent by the lienholder shall be sent by certified mail.
The notice shall include all of the following information:
(1) The name, address, and telephone number of the public agency
providing the notice.
(2) The location of the place of storage and description of the
vehicle which shall include, if available, the vehicle make, license
plate number, vehicle identification number, and mileage.
(3) The authority and purpose for the removal of the vehicle.
(4) A statement that the vehicle may be disposed of 15 days from
the date of the notice.
(5) A statement that the owners and interested persons, or their
agents, have the opportunity for a poststorage hearing before the
public agency that removed, or caused the removal of, the vehicle to
determine the validity of the storage if a request for a hearing is
made in person, in writing, or by telephone within 10 days from the
date of notice; that, if the owner or interested person, or his or
her agent, disagrees with the decision of the public agency, the
decision may be reviewed pursuant to Section 11523 of the Government
Code; and that during the time of the initial hearing, or during the
time the decision is being reviewed pursuant to Section 11523 of the
Government Code, the vehicle in question may not be disposed of.
(e) (1) A requested hearing shall be conducted within 48 hours of
the request, excluding weekends and holidays. The public agency that
removed the vehicle may authorize its own officers to conduct the
hearing if the hearing officer is not the same person who directed
the storage of the vehicle.
(2) Failure of either the registered or legal owner or interested
person, or his or her agent, to request or to attend a scheduled
hearing shall satisfy the poststorage validity hearing requirement of
this section.
(f) The public agency employing the person, or utilizing the
services of a contractor or franchiser pursuant to subdivision (b) of
Section 22669, that removed, or caused the removal of, the vehicle
and that directed any towing or storage, is responsible for the costs
incurred for towing and storage if it is determined in the hearing
that reasonable grounds to believe that the vehicle was abandoned are
not established.
(g) An authorization for disposal may not be issued by the public
agency that removed, or caused the removal of, the vehicle to a
lienholder who is storing the vehicle prior to the conclusion of a
requested poststorage hearing or any judicial review of that hearing.
(h) If, after 15 days from the notification date, the vehicle
remains unclaimed and the towing and storage fees have not been paid,
and if no request for a poststorage hearing was requested or a
poststorage hearing was not attended, the public agency that removed,
or caused the removal of, the vehicle shall provide to the
lienholder who is storing the vehicle, on a form approved by the
Department of Motor Vehicles, authorization to dispose of the
vehicle. The lienholder may request the public agency to provide the
authorization to dispose of the vehicle.
(i) If the vehicle is claimed by the owner or his or her agent
within 15 days of the notice date, the lienholder who is storing the
vehicle may collect reasonable fees for services rendered, but may
not collect lien sale fees as provided in Section 22851.12.
(j) Disposal of the vehicle by the lienholder who is storing the
vehicle may only be to a licensed dismantler or scrap iron processor.
A copy of the public agency's authorization for disposal shall be
forwarded to the licensed dismantler within five days of disposal to
a licensed dismantler. A copy of the public agency's authorization
for disposal shall be retained by the lienholder who stored the
vehicle for a period of 90 days if the vehicle is disposed of to a
scrap iron processor.
(k) If the names and addresses of the registered and legal owners
of the vehicle are not available from the records of the Department
of Motor Vehicles, either directly or by use of the California Law
Enforcement Telecommunications System, the public agency may issue to
the lienholder who stored the vehicle an authorization for disposal
at any time after the removal.
The lienholder may request the public agency to issue an
authorization for disposal after the lienholder ascertains that the
names and addresses of the registered and legal owners of the vehicle
are not available from the records of the Department of Motor
Vehicles either directly or by use of the California Law Enforcement
Telecommunications System.
(l) A vehicle disposed of pursuant to this section may not be
reconstructed or made operable, unless it is a vehicle that qualifies
for either horseless carriage license plates or historical vehicle
license plates, pursuant to Section 5004, in which case the vehicle
may be reconstructed or made operable.
22851.4. If the vehicle is determined to have a value exceeding
five hundred dollars ($500) pursuant to Section 22670, the lien shall
be satisfied pursuant to Sections 3067 to 3074, inclusive, of the
Civil Code.
22851.6. (a) Lienholders who acquire a vehicle subject to Section
22851.2 shall satisfy their lien pursuant to Sections 22851.8 and
22851.10 if the vehicle has a value not exceeding five hundred
dollars ($500), as determined pursuant to Section 22670.
(b) All forms required by Sections 22851.8 and 22851.10 shall be
prescribed by the Department of Motor Vehicles. The language used in
the notices and declarations shall be simple and nontechnical.
22851.8. (a) The lienholder shall, within 15 working days following
the date of possession of the vehicle, make a request to the
Department of Motor Vehicles for the names and addresses of all
persons having an interest in the vehicle. A storage charge may not
accrue beyond the 15-day period unless the lienholder has made a
request to the Department of Motor Vehicles as provided for in this
section.
(b) By certified mail with return receipt requested or by United
States Postal Service Certificate of Mailing, the lienholder shall
immediately, upon receipt of this information, send the following
prescribed forms and enclosures to the registered owner and legal
owner at their addresses of record with the Department of Motor
Vehicles, and to any other person known to have an interest in the
vehicle:
(1) A completed form entitled "Notice of Intent to Dispose of a
Vehicle Valued at $500 or Less."
(2) A blank form entitled "Declaration of Opposition."
(3) A return envelope preaddressed to the lienholder.
(c) All notices to persons having an interest in the vehicle shall
be signed under penalty of perjury and shall include all of the
following:
(1) A description of the vehicle, including make, year, model,
identification number, license number, and state of registration. For
motorcycles, the engine number shall also be included.
(2) The names and addresses of the registered and legal owners of
the vehicle and any other person known to have an interest in the
vehicle.
(3) The following statements and information:
(A) The amount of the lien.
(B) The facts concerning the claim that gives rise to the lien.
(C) The person has a right to a hearing in court.
(D) If a hearing in court is desired, a Declaration of Opposition
form shall be signed under penalty of perjury and returned to the
lienholder within 10 days of the date the notice form specified in
paragraph (1) of subdivision (b) was mailed.
(E) If the Declaration of Opposition form is signed and mailed,
the lienholder shall be allowed to dispose of the vehicle only if the
lienholder obtains a court judgment or a subsequent release from the
declarant or if the declarant cannot be served as described in
subdivision (e).
(F) If a court action is filed, the declarant shall be notified of
the lawsuit at the address shown on the Declaration of Opposition
form, and the declarant may appear to contest the claim.
(G) The declarant may be liable for court costs if a judgment is
entered in favor of the lienholder.
(4) A statement that the lienholder may dispose of the vehicle to
a licensed dismantler or scrap iron processor if it is not redeemed
or if a Declaration of Opposition form is not signed and mailed to
the lienholder within 10 days of the date the notice form specified
in paragraph (1) of subdivision (b) was mailed.
(d) If the lienholder receives a completed Declaration of
Opposition form within the time prescribed, the vehicle shall not be
disposed of unless the lienholder files an action in court within 20
days of the date the notice form specified in paragraph (1) of
subdivision (b) was mailed and a judgment is subsequently entered in
favor of the lienholder or unless the declarant subsequently releases
his or her interest in the vehicle. If a money judgment is entered
in favor of the lienholder and the judgment is not paid within five
days after becoming final, then the lienholder may dispose of the
vehicle through a dismantler or scrap iron processor.
(e) (1) Service on the declarant in person or by certified mail,
return receipt requested, signed by the addressee at the address
shown on the Declaration of Opposition form, shall be effective for
the serving of process.
(2) If the lienholder has served the declarant by certified mail,
return receipt requested, at the address shown on the Declaration of
Opposition form and the mail has been returned unclaimed, or if the
lienholder has attempted to effect service on the declarant in person
with a marshal, sheriff, or licensed process server and the marshal,
sheriff, or licensed process server has been unable to effect
service on the declarant, the lienholder may proceed with the
judicial proceeding or proceed with the lien sale without a judicial
proceeding. The lienholder shall notify the Department of Motor
Vehicles of the inability to effect service on the declarant and
shall provide the Department of Motor Vehicles with a copy of the
documents with which service on the declarant was attempted. Upon
receipt of the notification of unsuccessful service, the Department
of Motor Vehicles shall send authorization of the sale to the
lienholder and send notification of the authorization to the
declarant. If service is effected on the declarant, the proof of
service shall be submitted to the Department of Motor Vehicles with
the documents specified in Section 22851.10.
22851.10. (a) A vehicle determined to have a value not exceeding
five hundred dollars ($500) pursuant to Section 22670 that was stored
pursuant to this chapter, and that remains unclaimed, or for which
reasonable towing and storage charges remain unpaid, shall be
disposed of only to a licensed dismantler or scrap iron processor not
earlier than 15 days after the date the Notice of Intent to Dispose
of a Vehicle Valued at $500 or Less form required pursuant to
subdivision (b) of Section 22851.8 was mailed, unless a Declaration
of Opposition form has been signed and returned to the lienholder.
(b) If the vehicle has been disposed of to a licensed dismantler
or scrap iron processor, the lienholder shall forward the following
forms and information to the licensed dismantler or scrap iron
processor within five days:
(1) A statement, signed under penalty of perjury, that a properly
executed Declaration of Opposition form was not received.
(2) A copy of the notice sent to all interested parties.
(3) A certification from the public agency that made the
determination of value pursuant to Section 22670.
(4) The proof of service pursuant to subdivision (e) of Section
22851.8 or a copy of the court judgment, if any in favor of the
lienholder entered pursuant to subdivision (d) of Section 22851.8.
(5) The name, address, and telephone number of the licensed
dismantler or scrap iron processor who received the vehicle.
(6) The amount the lienholder received for the vehicle.
(c) A vehicle disposed of pursuant to this section shall not be
reconstructed or made operable, unless it is a vehicle that qualifies
for either horseless carriage license plates or historical vehicle
license plates, pursuant to Section 5004, in which case the vehicle
may be reconstructed or made operable.
22851.12. The lienholder may charge a fee for lien-sale
preparations not to exceed seventy dollars ($70) in the case of a
vehicle having a value determined to be four thousand dollars
($4,000) or less and not to exceed one hundred dollars ($100) in the
case of a vehicle having a value determined to be greater than four
thousand dollars ($4,000), from any person who redeems the vehicle
prior to disposal or is sold through a lien sale pursuant to this
chapter. These charges may commence and become part of the possessory
lien when the lienholder requests the names and addresses of all
persons having an interest in the vehicle from the department. Not
more than 50 percent of the allowable fee may be charged until the
lien sale notifications are mailed to all interested parties and the
lienholder or the registration service agent has possession of the
required lien processing documents. This charge shall not be made in
the case of any vehicle redeemed prior to 72 hours from the initial
storage.
22852. (a) Whenever an authorized member of a public agency directs
the storage of a vehicle, as permitted by this chapter, or upon the
storage of a vehicle as permitted under this section (except as
provided in subdivision (f) or (g)), the agency or person directing
the storage shall provide the vehicle's registered and legal owners
of record, or their agents, with the opportunity for a poststorage
hearing to determine the validity of the storage.
(b) A notice of the storage shall be mailed or personally
delivered to the registered and legal owners within 48 hours,
excluding weekends and holidays, and shall include all of the
following information:
(1) The name, address, and telephone number of the agency
providing the notice.
(2) The location of the place of storage and description of the
vehicle, which shall include, if available, the name or make, the
manufacturer, the license plate number, and the mileage.
(3) The authority and purpose for the removal of the vehicle.
(4) A statement that, in order to receive their poststorage
hearing, the owners, or their agents, shall request the hearing in
person, writing, or by telephone within 10 days of the date appearing
on the notice.
(c) The poststorage hearing shall be conducted within 48 hours of
the request, excluding weekends and holidays. The public agency may
authorize its own officer or employee to conduct the hearing if the
hearing officer is not the same person who directed the storage of
the vehicle.
(d) Failure of either the registered or legal owner, or his or her
agent, to request or to attend a scheduled hearing shall satisfy the
poststorage hearing requirement.
(e) The agency employing the person who directed the storage shall
be responsible for the costs incurred for towing and storage if it
is determined in the poststorage hearing that reasonable grounds for
the storage are not established.
(f) This section does not apply to vehicles abated under the
Abandoned Vehicle Abatement Program pursuant to Sections 22660 to
22668, inclusive, and Section 22710, or to vehicles impounded for
investigation pursuant to Section 22655, or to vehicles removed from
private property pursuant to Section 22658.
(g) This section does not apply to abandoned vehicles removed
pursuant to Section 22669 that are determined by the public agency to
have an estimated value of five hundred dollars ($500) or less.
22852.5. (a) Whenever the possessory lien upon any vehicle is lost
through trick, fraud, or device, the repossession of the vehicle by
the lienholder revives the possessory lien, but any lien so revived
is subordinate to any right, title, or interest of any person under
any sale, transfer, encumbrance, lien, or other interest acquired or
secured in good faith and for value between the time of the loss of
possession and the time of repossession.
(b) It is a misdemeanor for any person to obtain possession of any
vehicle or any part thereof subject to a lien pursuant to the
provisions of this chapter by trick, fraud, or device.
(c) It is a misdemeanor for any person claiming a lien on a
vehicle to knowingly violate any provision of this chapter.
22853. (a) Whenever an officer or an employee removing a California
registered vehicle from a highway or from public property for
storage under this chapter does not know and is not able to ascertain
the name of the owner or for any other reason is unable to give
notice to the owner as required by Section 22852, the officer or
employee shall immediately notify, or cause to be notified, the
Department of Justice, Stolen Vehicle System, of its removal. The
officer or employee shall file a notice with the proprietor of any
public garage in which the vehicle may be stored. The notice shall
include a complete description of the vehicle, the date, time, and
place from which removed, the amount of mileage on the vehicle at the
time of removal, and the name of the garage or place where the
vehicle is stored.
(b) Whenever an officer or an employee removing a vehicle not
registered in California from a highway or from public property for
storage under this chapter does not know and is not able to ascertain
the owner or for any other reason is unable to give the notice to
the owner as required by Section 22852, the officer or employee shall
immediately notify, or cause to be notified, the Department of
Justice, Stolen Vehicle System. If the vehicle is not returned to the
owner within 120 hours, the officer or employee shall immediately
send, or cause to be sent, a written report of the removal by mail to
the Department of Justice at Sacramento and shall file a copy of the
notice with the proprietor of any public garage in which the vehicle
may be stored. The report shall be made on a form furnished by that
department and shall include a complete description of the vehicle,
the date, time, and place from which the vehicle was removed, the
amount of mileage on the vehicle at the time of removal, the grounds
for removal, and the name of the garage or place where the vehicle is
stored.
(c) Whenever an officer or employee or private party removing a
vehicle from private property for storage under this chapter does not
know and is not able to ascertain the name of the owner or for any
other reason is unable to give the notice to the owner as required by
Section 22852 and if the vehicle is not returned to the owner within
a period of 120 hours, the officer or employee or private party
shall immediately send, or cause to be sent, a written report of the
removal by mail to the Department of Justice at Sacramento and shall
file a copy of the notice with the proprietor of any public garage in
which the vehicle may be stored. The report shall be made on a form
furnished by that department and shall include a complete description
of the vehicle, the date, time, and place from which the vehicle was
removed, the amount of mileage on the vehicle at the time of
removal, the grounds for removal, and the name of the garage or place
where the vehicle is stored.
22854. The Department of Justice upon receiving notice under
Section 22853 of the removal of a vehicle from a highway, or from
public or private property, shall notify the registered and legal
owner in writing at the addresses of such persons as shown by the
records of the Department of Motor Vehicles, if the vehicle is
registered in this state, of the removal of such vehicle, and give
the name of the officer reporting such removal, the grounds upon
which the removal was authorized and the location of the vehicle. If
the vehicle is not registered in this state, the department shall
make reasonable effort to notify the legal or registered owner of the
removal and location of the vehicle. The notice to the registered or
legal owner shall list the amount of mileage on the vehicle at the
time of removal.
22854.5. Whenever an officer or employee of a public agency directs
the storage of a vehicle under this chapter, the officer, employee,
or agency directing that storage may notify the National Law
Enforcement Telecommunication System by transmitting by any means
available, including, but not limited to, electronic means, the
vehicle identification number, the information listed in paragraphs
(1), (2), and (3) of subdivision (b) of Section 22852, and the
information described under Section 22853.
22855. The following persons shall have the authority to make
appraisals of the value of vehicles for purposes of this chapter,
subject to the conditions stated in this chapter:
(a) Any peace officer of the Department of the California Highway
Patrol designated by the commissioner.
(b) Any regularly employed and salaried deputy sheriff, any
reserve deputy sheriff listed under Section 830.6 of the Penal Code,
or any other employee designated by the sheriff of any county.
(c) Any regularly employed and salaried police officer, any
reserve police officer listed under Section 830.6 of the Penal Code,
or any other employee designated by the chief of police of any city.
(d) Any officer or employee of the Department of Motor Vehicles
designated by the director of that department.
(e) Any regularly employed and salaried police officer, or reserve
police officer, or other employee of the University of California
Police Department designated by the chief of the department.
(f) Any regularly salaried employee of a city, county, or city and
county designated by a board of supervisors or a city council
pursuant to subdivision (a) of Section 22669.
(g) Any regularly employed and salaried police officer, or reserve
police officer, or other employee of the police department of a
California State University designated by the chief thereof.
(h) Any regularly employed and salaried security officer or other
employee of a transit district security force designated by the chief
thereof.
(i) Any regularly employed and salaried peace officer, or reserve
peace officer, or other employee of the Department of Parks and
Recreation designated by the director of that department.
22856. Notwithstanding any other provision of law, no cause of
action for despoliation of evidence shall arise against any towing
company that sells any vehicle at, or disposes of any vehicle after,
a lien sale, unless the company knew, or should have known, that the
vehicle will be needed as evidence in a legal action.
22850. Whenever an officer or employee removes a vehicle from a
highway, or from public or private property, unless otherwise
provided, he shall take the vehicle to the nearest garage or other
place of safety or to a garage designated or maintained by the
governmental agency of which the officer or employee is a member,
where the vehicle shall be placed in storage.
At the time of such removal, the officer or employee shall
determine the amount of mileage on the vehicle.
22850.3. (a) A vehicle placed in storage pursuant to Section 22850
shall be released to the owner or person in control of the vehicle
only if the owner or person furnishes, to the law enforcement agency
or employee who placed the vehicle in storage, satisfactory proof of
current vehicle registration. The agency which caused the vehicle to
be stored may, in its discretion, issue a notice to appear for the
registration violation, if the two days immediately following the day
of impoundment are weekend days or holidays.
(b) At every storage facility there shall be posted in a
conspicuous place a notice to the effect that a vehicle placed in
storage pursuant to Section 22850 may be released only on proof of
current registration or, at the discretion of the impounding agency,
upon the issuance of a notice to appear for the registration
violation by the local agency which caused the vehicle to be stored,
specifying the name and telephone number of that local agency.
22850.5. (a) A city, county, or city and county, or a state agency
may adopt a regulation, ordinance, or resolution establishing
procedures for the release of properly impounded vehicles and for the
imposition of a charge equal to its administrative costs relating to
the removal, impound, storage, or release of the vehicles. Those
administrative costs may be waived by the local or state authority
upon verifiable proof that the vehicle was reported stolen at the
time the vehicle was removed.
(b) The following apply to any charges imposed for administrative
costs pursuant to subdivision (a):
(1) The charges shall only be imposed on the registered owner or
the agents of that owner and shall not include any vehicle towed
under an abatement program or sold at a lien sale pursuant to
Sections 3068.1 to 3074, inclusive, of, and Section 22851 of, the
Civil Code unless the sale is sufficient in amount to pay the
lienholder's total charges and proper administrative costs.
(2) Any charges shall be collected by the local or state authority
only from the registered owner or an agent of the registered owner.
(3) The charges shall be in addition to any other charges
authorized or imposed pursuant to this code.
(4) No charge may be imposed for any hearing or appeal relating to
the removal, impound, storage, or release of a vehicle unless that
hearing or appeal was requested in writing by the registered or legal
owner of the vehicle or an agent of that registered or legal owner.
In addition, the charge may be imposed only upon the person
requesting that hearing or appeal.
No administrative costs authorized under subdivision (a) shall be
charged to the legal owner who redeems the vehicle unless the legal
owner voluntarily requests a poststorage hearing. No city, county,
city and county, or state agency shall require a legal owner or a
legal owner's agent to request a poststorage hearing as a requirement
for release of the vehicle to the legal owner or the legal owner's
agent. The impounding agency, or any person acting on behalf of the
agency, shall not require the legal owner or the legal owner's agent
to produce any documents other than those specified in paragraph (3)
of subdivision (f) of Section 14602.6 or paragraph (3) of subdivision
(e) of Section 14602.7. The impounding agency, or any person acting
on behalf of the agency, shall not require any documents to be
notarized.
22851. (a) (1) Whenever a vehicle has been removed to a garage
under this chapter and the keeper of the garage has received the
notice or notices as provided herein, the keeper shall have a lien
dependent upon possession for his or her compensation for towage and
for caring for and keeping safe the vehicle for a period not
exceeding 60 days or, if an application for an authorization to
conduct a lien sale has been filed pursuant to Section 3068.1 of the
Civil Code within 30 days after the removal of the vehicle to the
garage, 120 days and, if the vehicle is not recovered by the owner
within that period or the owner is unknown, the keeper of the garage
may satisfy his or her lien in the manner prescribed in this article.
The lien shall not be assigned. Possession of the vehicle is deemed
to arise when a vehicle is removed and is in transit, or when vehicle
recovery operations or load salvage operations that have been
requested by a law enforcement agency have begun at the scene.
(2) Whenever a vehicle owner returns to a vehicle that is in
possession of a towing company prior to the removal of the vehicle,
the owner may regain possession of the vehicle from the towing
company if the owner pays the towing company the towing charges.
(b) No lien shall attach to any personal property in or on the
vehicle. The personal property in or on the vehicle shall be given to
the current registered owner or the owner's authorized agent upon
demand and without charge during normal business hours.
Notwithstanding any other provision of law, normal business hours are
Monday to Friday, inclusive, from 8 a.m. to 5 p.m., inclusive,
except state holidays. A gate fee may be charged for returning
property after normal business hours, weekends, and state holidays.
The maximum hourly charge for nonbusiness hours releases shall be
one-half the hourly tow rate charged for initially towing the
vehicle, or less. The lienholder is not responsible for property
after any vehicle has been disposed of pursuant to this chapter.
22851.1. (a) If the vehicle is impounded pursuant to subdivision
(i) of Section 22651 and not released as provided in that
subdivision, the vehicle may be sold pursuant to this chapter to
satisfy the liens specified in Section 22851 and in subdivision (b)
of this section.
(b) A local authority impounding a vehicle pursuant to subdivision
(i) of Section 22651 shall have a lien dependent upon possession by
the keeper of the garage for satisfaction of bail for all outstanding
notices of parking violation issued by the local authority for the
vehicle, when the conditions specified in subdivision (c) have been
met. This lien shall be subordinate in priority to the lien
established by Section 22851, and the proceeds of any sale shall be
applied accordingly. Consistent with this order of priority, the term
"lien," as used in this article and in Chapter 6.5 (commencing with
Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code,
includes a lien imposed by this subdivision. In any action brought to
perfect the lien, where required by subdivision (d) of Section
22851.8 of this code, or by subdivision (d) of Section 3071 or
subdivision (d) of Section 3072 of the Civil Code, it shall be a
defense to the recovery of bail that the owner of the vehicle at the
time of impoundment was not the owner of the vehicle at the time of
the parking offense.
(c) A lien shall exist for bail with respect to parking violations
for which no person has answered the charge in the notice of parking
violation given, or filed an affidavit of nonownership pursuant to
and within the time specified in subdivision (b) of Section 41103.
22851.2. (a) Excepting a vehicle removed pursuant to Section 22669,
if the vehicle is determined to have a value not exceeding five
hundred dollars ($500) pursuant to Section 22670, the public agency
that removed the vehicle shall do all of the following:
(1) Within 48 hours after removal of the vehicle, notify the
Stolen Vehicle System of the Department of Justice in Sacramento of
the removal.
(2) Prepare and give to the lienholder a report that includes all
of the following:
(A) The value of the vehicle estimated pursuant to Section 22670.
(B) The identification of the estimator.
(C) The location of the vehicle.
(D) A description of the vehicle, including the make, year model,
identification number, license number, state of registration, and, if
a motorcycle, an engine number.
(E) The statutory authority for storage.
(b) If the vehicle is in a condition that there is no means of
determining ownership, the public agency that removed the vehicle may
give authorization to dispose of the vehicle. If authorization for
disposal is not issued, a vehicle identification number shall be
assigned prior to commencing the lien sale proceedings.
22851.3. Whenever a peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
or any other employee of a public agency authorized pursuant to
Section 22669, removes, or causes the removal of, a vehicle pursuant
to Section 22669 and the public agency or, at the request of the
public agency, the lienholder determines the estimated value of the
vehicle is five hundred dollars ($500) or less, the public agency
that removed, or caused the removal of, the vehicle shall cause the
disposal of the vehicle under this section, subject to all of the
following requirements:
(a) Not less than 72 hours before the vehicle is removed, the
peace officer or the authorized public employee has securely attached
to the vehicle a distinctive notice which states that the vehicle
will be removed by the public agency. This subdivision does not apply
to abandoned vehicles removed pursuant to subdivision (d) of Section
22669 which are determined by the public agency to have an estimated
value of three hundred dollars ($300) or less.
(b) Immediately after removal of the vehicle, the public agency
which removed, or caused the removal of, the vehicle shall notify the
Stolen Vehicle System of the Department of Justice in Sacramento of
the removal.
(c) The public agency that removed, or caused the removal of, the
vehicle or, at the request of the public agency, the lienholder shall
obtain a copy of the names and addresses of all persons having an
interest in the vehicle, if any, from the Department of Motor
Vehicles either directly or by use of the California Law Enforcement
Telecommunications System. This subdivision does not require the
public agency or lienholder to obtain a copy of the actual record on
file at the Department of Motor Vehicles.
(d) Within 48 hours of the removal, excluding weekends and
holidays, the public agency that removed, or caused the removal of,
the vehicle or, at the request of the public agency, the lienholder
shall send a notice to the registered and legal owners at their
addresses of record with the Department of Motor Vehicles, and to any
other person known to have an interest in the vehicle. A notice sent
by the public agency shall be sent by certified or first-class mail,
and a notice sent by the lienholder shall be sent by certified mail.
The notice shall include all of the following information:
(1) The name, address, and telephone number of the public agency
providing the notice.
(2) The location of the place of storage and description of the
vehicle which shall include, if available, the vehicle make, license
plate number, vehicle identification number, and mileage.
(3) The authority and purpose for the removal of the vehicle.
(4) A statement that the vehicle may be disposed of 15 days from
the date of the notice.
(5) A statement that the owners and interested persons, or their
agents, have the opportunity for a poststorage hearing before the
public agency that removed, or caused the removal of, the vehicle to
determine the validity of the storage if a request for a hearing is
made in person, in writing, or by telephone within 10 days from the
date of notice; that, if the owner or interested person, or his or
her agent, disagrees with the decision of the public agency, the
decision may be reviewed pursuant to Section 11523 of the Government
Code; and that during the time of the initial hearing, or during the
time the decision is being reviewed pursuant to Section 11523 of the
Government Code, the vehicle in question may not be disposed of.
(e) (1) A requested hearing shall be conducted within 48 hours of
the request, excluding weekends and holidays. The public agency that
removed the vehicle may authorize its own officers to conduct the
hearing if the hearing officer is not the same person who directed
the storage of the vehicle.
(2) Failure of either the registered or legal owner or interested
person, or his or her agent, to request or to attend a scheduled
hearing shall satisfy the poststorage validity hearing requirement of
this section.
(f) The public agency employing the person, or utilizing the
services of a contractor or franchiser pursuant to subdivision (b) of
Section 22669, that removed, or caused the removal of, the vehicle
and that directed any towing or storage, is responsible for the costs
incurred for towing and storage if it is determined in the hearing
that reasonable grounds to believe that the vehicle was abandoned are
not established.
(g) An authorization for disposal may not be issued by the public
agency that removed, or caused the removal of, the vehicle to a
lienholder who is storing the vehicle prior to the conclusion of a
requested poststorage hearing or any judicial review of that hearing.
(h) If, after 15 days from the notification date, the vehicle
remains unclaimed and the towing and storage fees have not been paid,
and if no request for a poststorage hearing was requested or a
poststorage hearing was not attended, the public agency that removed,
or caused the removal of, the vehicle shall provide to the
lienholder who is storing the vehicle, on a form approved by the
Department of Motor Vehicles, authorization to dispose of the
vehicle. The lienholder may request the public agency to provide the
authorization to dispose of the vehicle.
(i) If the vehicle is claimed by the owner or his or her agent
within 15 days of the notice date, the lienholder who is storing the
vehicle may collect reasonable fees for services rendered, but may
not collect lien sale fees as provided in Section 22851.12.
(j) Disposal of the vehicle by the lienholder who is storing the
vehicle may only be to a licensed dismantler or scrap iron processor.
A copy of the public agency's authorization for disposal shall be
forwarded to the licensed dismantler within five days of disposal to
a licensed dismantler. A copy of the public agency's authorization
for disposal shall be retained by the lienholder who stored the
vehicle for a period of 90 days if the vehicle is disposed of to a
scrap iron processor.
(k) If the names and addresses of the registered and legal owners
of the vehicle are not available from the records of the Department
of Motor Vehicles, either directly or by use of the California Law
Enforcement Telecommunications System, the public agency may issue to
the lienholder who stored the vehicle an authorization for disposal
at any time after the removal.
The lienholder may request the public agency to issue an
authorization for disposal after the lienholder ascertains that the
names and addresses of the registered and legal owners of the vehicle
are not available from the records of the Department of Motor
Vehicles either directly or by use of the California Law Enforcement
Telecommunications System.
(l) A vehicle disposed of pursuant to this section may not be
reconstructed or made operable, unless it is a vehicle that qualifies
for either horseless carriage license plates or historical vehicle
license plates, pursuant to Section 5004, in which case the vehicle
may be reconstructed or made operable.
22851.4. If the vehicle is determined to have a value exceeding
five hundred dollars ($500) pursuant to Section 22670, the lien shall
be satisfied pursuant to Sections 3067 to 3074, inclusive, of the
Civil Code.
22851.6. (a) Lienholders who acquire a vehicle subject to Section
22851.2 shall satisfy their lien pursuant to Sections 22851.8 and
22851.10 if the vehicle has a value not exceeding five hundred
dollars ($500), as determined pursuant to Section 22670.
(b) All forms required by Sections 22851.8 and 22851.10 shall be
prescribed by the Department of Motor Vehicles. The language used in
the notices and declarations shall be simple and nontechnical.
22851.8. (a) The lienholder shall, within 15 working days following
the date of possession of the vehicle, make a request to the
Department of Motor Vehicles for the names and addresses of all
persons having an interest in the vehicle. A storage charge may not
accrue beyond the 15-day period unless the lienholder has made a
request to the Department of Motor Vehicles as provided for in this
section.
(b) By certified mail with return receipt requested or by United
States Postal Service Certificate of Mailing, the lienholder shall
immediately, upon receipt of this information, send the following
prescribed forms and enclosures to the registered owner and legal
owner at their addresses of record with the Department of Motor
Vehicles, and to any other person known to have an interest in the
vehicle:
(1) A completed form entitled "Notice of Intent to Dispose of a
Vehicle Valued at $500 or Less."
(2) A blank form entitled "Declaration of Opposition."
(3) A return envelope preaddressed to the lienholder.
(c) All notices to persons having an interest in the vehicle shall
be signed under penalty of perjury and shall include all of the
following:
(1) A description of the vehicle, including make, year, model,
identification number, license number, and state of registration. For
motorcycles, the engine number shall also be included.
(2) The names and addresses of the registered and legal owners of
the vehicle and any other person known to have an interest in the
vehicle.
(3) The following statements and information:
(A) The amount of the lien.
(B) The facts concerning the claim that gives rise to the lien.
(C) The person has a right to a hearing in court.
(D) If a hearing in court is desired, a Declaration of Opposition
form shall be signed under penalty of perjury and returned to the
lienholder within 10 days of the date the notice form specified in
paragraph (1) of subdivision (b) was mailed.
(E) If the Declaration of Opposition form is signed and mailed,
the lienholder shall be allowed to dispose of the vehicle only if the
lienholder obtains a court judgment or a subsequent release from the
declarant or if the declarant cannot be served as described in
subdivision (e).
(F) If a court action is filed, the declarant shall be notified of
the lawsuit at the address shown on the Declaration of Opposition
form, and the declarant may appear to contest the claim.
(G) The declarant may be liable for court costs if a judgment is
entered in favor of the lienholder.
(4) A statement that the lienholder may dispose of the vehicle to
a licensed dismantler or scrap iron processor if it is not redeemed
or if a Declaration of Opposition form is not signed and mailed to
the lienholder within 10 days of the date the notice form specified
in paragraph (1) of subdivision (b) was mailed.
(d) If the lienholder receives a completed Declaration of
Opposition form within the time prescribed, the vehicle shall not be
disposed of unless the lienholder files an action in court within 20
days of the date the notice form specified in paragraph (1) of
subdivision (b) was mailed and a judgment is subsequently entered in
favor of the lienholder or unless the declarant subsequently releases
his or her interest in the vehicle. If a money judgment is entered
in favor of the lienholder and the judgment is not paid within five
days after becoming final, then the lienholder may dispose of the
vehicle through a dismantler or scrap iron processor.
(e) (1) Service on the declarant in person or by certified mail,
return receipt requested, signed by the addressee at the address
shown on the Declaration of Opposition form, shall be effective for
the serving of process.
(2) If the lienholder has served the declarant by certified mail,
return receipt requested, at the address shown on the Declaration of
Opposition form and the mail has been returned unclaimed, or if the
lienholder has attempted to effect service on the declarant in person
with a marshal, sheriff, or licensed process server and the marshal,
sheriff, or licensed process server has been unable to effect
service on the declarant, the lienholder may proceed with the
judicial proceeding or proceed with the lien sale without a judicial
proceeding. The lienholder shall notify the Department of Motor
Vehicles of the inability to effect service on the declarant and
shall provide the Department of Motor Vehicles with a copy of the
documents with which service on the declarant was attempted. Upon
receipt of the notification of unsuccessful service, the Department
of Motor Vehicles shall send authorization of the sale to the
lienholder and send notification of the authorization to the
declarant. If service is effected on the declarant, the proof of
service shall be submitted to the Department of Motor Vehicles with
the documents specified in Section 22851.10.
22851.10. (a) A vehicle determined to have a value not exceeding
five hundred dollars ($500) pursuant to Section 22670 that was stored
pursuant to this chapter, and that remains unclaimed, or for which
reasonable towing and storage charges remain unpaid, shall be
disposed of only to a licensed dismantler or scrap iron processor not
earlier than 15 days after the date the Notice of Intent to Dispose
of a Vehicle Valued at $500 or Less form required pursuant to
subdivision (b) of Section 22851.8 was mailed, unless a Declaration
of Opposition form has been signed and returned to the lienholder.
(b) If the vehicle has been disposed of to a licensed dismantler
or scrap iron processor, the lienholder shall forward the following
forms and information to the licensed dismantler or scrap iron
processor within five days:
(1) A statement, signed under penalty of perjury, that a properly
executed Declaration of Opposition form was not received.
(2) A copy of the notice sent to all interested parties.
(3) A certification from the public agency that made the
determination of value pursuant to Section 22670.
(4) The proof of service pursuant to subdivision (e) of Section
22851.8 or a copy of the court judgment, if any in favor of the
lienholder entered pursuant to subdivision (d) of Section 22851.8.
(5) The name, address, and telephone number of the licensed
dismantler or scrap iron processor who received the vehicle.
(6) The amount the lienholder received for the vehicle.
(c) A vehicle disposed of pursuant to this section shall not be
reconstructed or made operable, unless it is a vehicle that qualifies
for either horseless carriage license plates or historical vehicle
license plates, pursuant to Section 5004, in which case the vehicle
may be reconstructed or made operable.
22851.12. The lienholder may charge a fee for lien-sale
preparations not to exceed seventy dollars ($70) in the case of a
vehicle having a value determined to be four thousand dollars
($4,000) or less and not to exceed one hundred dollars ($100) in the
case of a vehicle having a value determined to be greater than four
thousand dollars ($4,000), from any person who redeems the vehicle
prior to disposal or is sold through a lien sale pursuant to this
chapter. These charges may commence and become part of the possessory
lien when the lienholder requests the names and addresses of all
persons having an interest in the vehicle from the department. Not
more than 50 percent of the allowable fee may be charged until the
lien sale notifications are mailed to all interested parties and the
lienholder or the registration service agent has possession of the
required lien processing documents. This charge shall not be made in
the case of any vehicle redeemed prior to 72 hours from the initial
storage.
22852. (a) Whenever an authorized member of a public agency directs
the storage of a vehicle, as permitted by this chapter, or upon the
storage of a vehicle as permitted under this section (except as
provided in subdivision (f) or (g)), the agency or person directing
the storage shall provide the vehicle's registered and legal owners
of record, or their agents, with the opportunity for a poststorage
hearing to determine the validity of the storage.
(b) A notice of the storage shall be mailed or personally
delivered to the registered and legal owners within 48 hours,
excluding weekends and holidays, and shall include all of the
following information:
(1) The name, address, and telephone number of the agency
providing the notice.
(2) The location of the place of storage and description of the
vehicle, which shall include, if available, the name or make, the
manufacturer, the license plate number, and the mileage.
(3) The authority and purpose for the removal of the vehicle.
(4) A statement that, in order to receive their poststorage
hearing, the owners, or their agents, shall request the hearing in
person, writing, or by telephone within 10 days of the date appearing
on the notice.
(c) The poststorage hearing shall be conducted within 48 hours of
the request, excluding weekends and holidays. The public agency may
authorize its own officer or employee to conduct the hearing if the
hearing officer is not the same person who directed the storage of
the vehicle.
(d) Failure of either the registered or legal owner, or his or her
agent, to request or to attend a scheduled hearing shall satisfy the
poststorage hearing requirement.
(e) The agency employing the person who directed the storage shall
be responsible for the costs incurred for towing and storage if it
is determined in the poststorage hearing that reasonable grounds for
the storage are not established.
(f) This section does not apply to vehicles abated under the
Abandoned Vehicle Abatement Program pursuant to Sections 22660 to
22668, inclusive, and Section 22710, or to vehicles impounded for
investigation pursuant to Section 22655, or to vehicles removed from
private property pursuant to Section 22658.
(g) This section does not apply to abandoned vehicles removed
pursuant to Section 22669 that are determined by the public agency to
have an estimated value of five hundred dollars ($500) or less.
22852.5. (a) Whenever the possessory lien upon any vehicle is lost
through trick, fraud, or device, the repossession of the vehicle by
the lienholder revives the possessory lien, but any lien so revived
is subordinate to any right, title, or interest of any person under
any sale, transfer, encumbrance, lien, or other interest acquired or
secured in good faith and for value between the time of the loss of
possession and the time of repossession.
(b) It is a misdemeanor for any person to obtain possession of any
vehicle or any part thereof subject to a lien pursuant to the
provisions of this chapter by trick, fraud, or device.
(c) It is a misdemeanor for any person claiming a lien on a
vehicle to knowingly violate any provision of this chapter.
22853. (a) Whenever an officer or an employee removing a California
registered vehicle from a highway or from public property for
storage under this chapter does not know and is not able to ascertain
the name of the owner or for any other reason is unable to give
notice to the owner as required by Section 22852, the officer or
employee shall immediately notify, or cause to be notified, the
Department of Justice, Stolen Vehicle System, of its removal. The
officer or employee shall file a notice with the proprietor of any
public garage in which the vehicle may be stored. The notice shall
include a complete description of the vehicle, the date, time, and
place from which removed, the amount of mileage on the vehicle at the
time of removal, and the name of the garage or place where the
vehicle is stored.
(b) Whenever an officer or an employee removing a vehicle not
registered in California from a highway or from public property for
storage under this chapter does not know and is not able to ascertain
the owner or for any other reason is unable to give the notice to
the owner as required by Section 22852, the officer or employee shall
immediately notify, or cause to be notified, the Department of
Justice, Stolen Vehicle System. If the vehicle is not returned to the
owner within 120 hours, the officer or employee shall immediately
send, or cause to be sent, a written report of the removal by mail to
the Department of Justice at Sacramento and shall file a copy of the
notice with the proprietor of any public garage in which the vehicle
may be stored. The report shall be made on a form furnished by that
department and shall include a complete description of the vehicle,
the date, time, and place from which the vehicle was removed, the
amount of mileage on the vehicle at the time of removal, the grounds
for removal, and the name of the garage or place where the vehicle is
stored.
(c) Whenever an officer or employee or private party removing a
vehicle from private property for storage under this chapter does not
know and is not able to ascertain the name of the owner or for any
other reason is unable to give the notice to the owner as required by
Section 22852 and if the vehicle is not returned to the owner within
a period of 120 hours, the officer or employee or private party
shall immediately send, or cause to be sent, a written report of the
removal by mail to the Department of Justice at Sacramento and shall
file a copy of the notice with the proprietor of any public garage in
which the vehicle may be stored. The report shall be made on a form
furnished by that department and shall include a complete description
of the vehicle, the date, time, and place from which the vehicle was
removed, the amount of mileage on the vehicle at the time of
removal, the grounds for removal, and the name of the garage or place
where the vehicle is stored.
22854. The Department of Justice upon receiving notice under
Section 22853 of the removal of a vehicle from a highway, or from
public or private property, shall notify the registered and legal
owner in writing at the addresses of such persons as shown by the
records of the Department of Motor Vehicles, if the vehicle is
registered in this state, of the removal of such vehicle, and give
the name of the officer reporting such removal, the grounds upon
which the removal was authorized and the location of the vehicle. If
the vehicle is not registered in this state, the department shall
make reasonable effort to notify the legal or registered owner of the
removal and location of the vehicle. The notice to the registered or
legal owner shall list the amount of mileage on the vehicle at the
time of removal.
22854.5. Whenever an officer or employee of a public agency directs
the storage of a vehicle under this chapter, the officer, employee,
or agency directing that storage may notify the National Law
Enforcement Telecommunication System by transmitting by any means
available, including, but not limited to, electronic means, the
vehicle identification number, the information listed in paragraphs
(1), (2), and (3) of subdivision (b) of Section 22852, and the
information described under Section 22853.
22855. The following persons shall have the authority to make
appraisals of the value of vehicles for purposes of this chapter,
subject to the conditions stated in this chapter:
(a) Any peace officer of the Department of the California Highway
Patrol designated by the commissioner.
(b) Any regularly employed and salaried deputy sheriff, any
reserve deputy sheriff listed under Section 830.6 of the Penal Code,
or any other employee designated by the sheriff of any county.
(c) Any regularly employed and salaried police officer, any
reserve police officer listed under Section 830.6 of the Penal Code,
or any other employee designated by the chief of police of any city.
(d) Any officer or employee of the Department of Motor Vehicles
designated by the director of that department.
(e) Any regularly employed and salaried police officer, or reserve
police officer, or other employee of the University of California
Police Department designated by the chief of the department.
(f) Any regularly salaried employee of a city, county, or city and
county designated by a board of supervisors or a city council
pursuant to subdivision (a) of Section 22669.
(g) Any regularly employed and salaried police officer, or reserve
police officer, or other employee of the police department of a
California State University designated by the chief thereof.
(h) Any regularly employed and salaried security officer or other
employee of a transit district security force designated by the chief
thereof.
(i) Any regularly employed and salaried peace officer, or reserve
peace officer, or other employee of the Department of Parks and
Recreation designated by the director of that department.
22856. Notwithstanding any other provision of law, no cause of
action for despoliation of evidence shall arise against any towing
company that sells any vehicle at, or disposes of any vehicle after,
a lien sale, unless the company knew, or should have known, that the
vehicle will be needed as evidence in a legal action.
