14600. (a) Whenever any person after applying for or receiving a
driver's license moves to a new residence, or acquires a new mailing
address different from the address shown in the application or in the
license as issued, he or she shall within 10 days thereafter notify
the department of both the old and new address. The department may
issue a document to accompany the driver's license reflecting the new
address of the holder of the license.
(b) When, pursuant to subdivision (b) of Section 12951, a driver
presents his or her driver's license to a peace officer, he or she
shall, if applicable, also present the document issued pursuant to
subdivision (a) if the driver's license does not reflect the driver's
current residence or mailing address.
14601. (a) No person shall drive a motor vehicle at any time when
that person's driving privilege is suspended or revoked for reckless
driving in violation of Section 23103, 23104, or 23105, any reason
listed in subdivision (a) or (c) of Section 12806 authorizing the
department to refuse to issue a license, negligent or incompetent
operation of a motor vehicle as prescribed in subdivision (e) of
Section 12809, or negligent operation as prescribed in Section
12810.5, if the person so driving has knowledge of the suspension or
revocation. Knowledge shall be conclusively presumed if mailed notice
has been given by the department to the person pursuant to Section
13106. The presumption established by this subdivision is a
presumption affecting the burden of proof.
(b) A person convicted under this section shall be punished as
follows:
(1) Upon a first conviction, by imprisonment in a county jail for
not less than five days or more than six months and by a fine of not
less than three hundred dollars ($300) or more than one thousand
dollars ($1,000).
(2) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601.1, 14601.2, or 14601.5, by imprisonment in a county
jail for not less than 10 days or more than one year and by a fine of
not less than five hundred dollars ($500) or more than two thousand
dollars ($2,000).
(c) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601.1, 14601.2, or 14601.5, and is granted probation, the
court shall impose as a condition of probation that the person be
confined in a county jail for at least 10 days.
(d) Nothing in this section prohibits a person from driving a
motor vehicle, that is owned or utilized by the person's employer,
during the course of employment on private property that is owned or
utilized by the employer, except an offstreet parking facility as
defined in subdivision (c) of Section 12500.
(e) When the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of this section in satisfaction
of, or as a substitute for, an original charge of a violation of
Section 14601.2, and the court accepts that plea, except, in the
interest of justice, when the court finds it would be inappropriate,
the court shall, pursuant to Section 23575, require the person
convicted, in addition to any other requirements, to install a
certified ignition interlock device on any vehicle that the person
owns or operates for a period not to exceed three years.
(f) This section also applies to the operation of an off-highway
motor vehicle on those lands to which the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
14601.1. (a) No person shall drive a motor vehicle when his or her
driving privilege is suspended or revoked for any reason other than
those listed in Section 14601, 14601.2, or 14601.5, if the person so
driving has knowledge of the suspension or revocation. Knowledge
shall be conclusively presumed if mailed notice has been given by the
department to the person pursuant to Section 13106. The presumption
established by this subdivision is a presumption affecting the burden
of proof.
(b) Any person convicted under this section shall be punished as
follows:
(1) Upon a first conviction, by imprisonment in the county jail
for not more than six months or by a fine of not less than three
hundred dollars ($300) or more than one thousand dollars ($1,000), or
by both that fine and imprisonment.
(2) If the offense occurred within five years of a prior offense
which resulted in a conviction of a violation of this section or
Section 14601, 14601.2, or 14601.5, by imprisonment in the county
jail for not less than five days or more than one year and by a fine
of not less than five hundred dollars ($500) or more than two
thousand dollars ($2,000).
(c) Nothing in this section prohibits a person from driving a
motor vehicle, which is owned or utilized by the person's employer,
during the course of employment on private property which is owned or
utilized by the employer, except an offstreet parking facility as
defined in subdivision (d) of Section 12500.
(d) When the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of this section in satisfaction
of, or as a substitute for, an original charge of a violation of
Section 14601.2, and the court accepts that plea, except, in the
interest of justice, when the court finds it would be inappropriate,
the court shall, pursuant to Section 23575, require the person
convicted, in addition to any other requirements, to install a
certified ignition interlock device on any vehicle that the person
owns or operates for a period not to exceed three years.
(e) This section also applies to the operation of an off-highway
motor vehicle on those lands to which the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
14601.2. (a) A person shall not drive a motor vehicle at any time
when that person's driving privilege is suspended or revoked for a
conviction of a violation of Section 23152 or 23153 if the person so
driving has knowledge of the suspension or revocation.
(b) Except in full compliance with the restriction, a person shall
not drive a motor vehicle at any time when that person's driving
privilege is restricted if the person so driving has knowledge of the
restriction.
(c) Knowledge of the suspension or revocation of the driving
privilege shall be conclusively presumed if mailed notice has been
given by the department to the person pursuant to Section 13106.
Knowledge of the restriction of the driving privilege shall be
presumed if notice has been given by the court to the person. The
presumption established by this subdivision is a presumption
affecting the burden of proof.
(d) A person convicted of a violation of this section shall be
punished as follows:
(1) Upon a first conviction, by imprisonment in the county jail
for not less than 10 days or more than six months and by a fine of
not less than three hundred dollars ($300) or more than one thousand
dollars ($1,000), unless the person has been designated a habitual
traffic offender under subdivision (b) of Section 23546, subdivision
(b) of Section 23550, or subdivision (d) of Section 23550.5, in which
case the person, in addition, shall be sentenced as provided in
paragraph (3) of subdivision (e) of Section 14601.3.
(2) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601, 14601.1, or 14601.5, by imprisonment in the county
jail for not less than 30 days or more than one year and by a fine of
not less than five hundred dollars ($500) or more than two thousand
dollars ($2,000), unless the person has been designated a habitual
traffic offender under subdivision (b) of Section 23546, subdivision
(b) of Section 23550, or subdivision (d) of Section 23550.5, in which
case the person, in addition, shall be sentenced as provided in
paragraph (3) of subdivision (e) of Section 14601.3.
(e) If a person is convicted of a first offense under this section
and is granted probation, the court shall impose as a condition of
probation that the person be confined in the county jail for at least
10 days.
(f) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601, 14601.1, or 14601.5 and is granted probation, the
court shall impose as a condition of probation that the person be
confined in the county jail for at least 30 days.
(g) If a person is convicted of a second or subsequent offense
that results in a conviction of this section within seven years, but
over five years, of a prior offense that resulted in a conviction of
a violation of this section or Section 14601, 14601.1, or 14601.5 and
is granted probation, the court shall impose as a condition of
probation that the person be confined in the county jail for at least
10 days.
(h) Pursuant to Section 23575, the court shall require a person
convicted of a violation of this section to install a certified
ignition interlock device on a vehicle the person owns or operates.
Upon receipt of the abstract of a conviction under this section, the
department shall not reinstate the privilege to operate a motor
vehicle until the department receives proof of either the
"Verification of Installation" form as described in paragraph (2) of
subdivision (g) of Section 13386 or the Judicial Council Form I.D.
100.
(i) This section does not prohibit a person who is participating
in, or has completed, an alcohol or drug rehabilitation program from
driving a motor vehicle that is owned or utilized by the person's
employer, during the course of employment on private property that is
owned or utilized by the employer, except an offstreet parking
facility as defined in subdivision (c) of Section 12500.
(j) This section also applies to the operation of an off-highway
motor vehicle on those lands that the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
(k) If Section 23573 is applicable, then subdivision (h) is not
applicable.
14601.3. (a) It is unlawful for a person whose driving privilege
has been suspended or revoked to accumulate a driving record history
which results from driving during the period of suspension or
revocation. A person who violates this subdivision is designated an
habitual traffic offender.
For purposes of this section, a driving record history means any
of the following, if the driving occurred during any period of
suspension or revocation:
(1) Two or more convictions within a 12-month period of an offense
given a violation point count of two pursuant to Section 12810.
(2) Three or more convictions within a 12-month period of an
offense given a violation point count of one pursuant to Section
12810.
(3) Three or more accidents within a 12-month period that are
subject to the reporting requirements of Section 16000.
(4) Any combination of convictions or accidents, as specified in
paragraphs (1) to (3), inclusive, which results during any 12-month
period in a violation point count of three or more pursuant to
Section 12810.
(b) Knowledge of suspension or revocation of the driving privilege
shall be conclusively presumed if mailed notice has been given by
the department to the person pursuant to Section 13106. The
presumption established by this subdivision is a presumption
affecting the burden of proof.
(c) The department, within 30 days of receipt of a duly certified
abstract of the record of any court or accident report which results
in a person being designated an habitual traffic offender, may
execute and transmit by mail a notice of that designation to the
office of the district attorney having jurisdiction over the location
of the person's last known address as contained in the department's
records.
(d) (1) The district attorney, within 30 days of receiving the
notice required in subdivision (c), shall inform the department of
whether or not the person will be prosecuted for being an habitual
traffic offender.
(2) Notwithstanding any other provision of this section, any
habitual traffic offender designated under subdivision (b) of Section
23546, subdivision (b) of Section 23550, or subdivision (b) of
Section 23550.5, who is convicted of violating Section 14601.2 shall
be sentenced as provided in paragraph (3) of subdivision (e).
(e) Any person convicted under this section of being an habitual
traffic offender shall be punished as follows:
(1) Upon a first conviction, by imprisonment in the county jail
for 30 days and by a fine of one thousand dollars ($1,000).
(2) Upon a second or any subsequent offense within seven years of
a prior conviction under this section, by imprisonment in the county
jail for 180 days and by a fine of two thousand dollars ($2,000).
(3) Any habitual traffic offender designated under Section 193.7
of the Penal Code or under subdivision (b) of Section 23546,
subdivision (b) of Section 23550, subdivision (b) of Section 23550.5,
or subdivision (d) of Section 23566 who is convicted of a violation
of Section 14601.2 shall be punished by imprisonment in the county
jail for 180 days and by a fine of two thousand dollars ($2,000). The
penalty in this paragraph shall be consecutive to that imposed for
the violation of any other law.
(f) This section also applies to the operation of an off-highway
motor vehicle on those lands to which the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
14601.4. (a) It is unlawful for a person, while driving a vehicle
with a license suspended or revoked pursuant to Section 14601.2 to do
an act forbidden by law or neglect a duty imposed by law in the
driving of the vehicle, which act or neglect proximately causes
bodily injury to a person other than the driver. In proving the
person neglected a duty imposed by law in the driving of the vehicle,
it is not necessary to prove that a specific section of this code
was violated.
(b) A person convicted under this section shall be imprisoned in
the county jail and shall not be released upon work release,
community service, or other release program before the minimum period
of imprisonment, prescribed in Section 14601.2, is served. If a
person is convicted of that offense and is granted probation, the
court shall require that the person convicted serve at least the
minimum time of imprisonment, as specified in those sections, as a
term or condition of probation.
(c) When the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of this section in satisfaction
of, or as a substitute for, an original charge of a violation of
Section 14601.2, and the court accepts that plea, except, in the
interest of justice, when the court finds it should be inappropriate,
the court shall, pursuant to Section 23575, require the person
convicted, in addition to other requirements, to install a certified
ignition interlock device on a vehicle that the person owns or
operates for a period not to exceed three years.
(d) This section also applies to the operation of an off-highway
motor vehicle on those lands that the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
(e) Upon receipt of the abstract of a conviction under this
section, the department shall not reinstate the privilege to operate
a motor vehicle until the department receives proof of either the
"Verification of Installation" form as described in paragraph (2) of
subdivision (g) of Section 13386 or the Judicial Council Form I.D.
100.
(f) If Section 23573 is applicable, then subdivisions (c) and (e)
are not applicable.
14601.5. (a) A person shall not drive a motor vehicle at any time
when that person's driving privilege is suspended or revoked pursuant
to Section 13353, 13353.1, or 13353.2 and that person has knowledge
of the suspension or revocation.
(b) Except in full compliance with the restriction, a person shall
not drive a motor vehicle at any time when that person's driving
privilege is restricted pursuant to Section 13353.7 or 13353.8 and
that person has knowledge of the restriction.
(c) Knowledge of suspension, revocation, or restriction of the
driving privilege shall be conclusively presumed if notice has been
given by the department to the person pursuant to Section 13106. The
presumption established by this subdivision is a presumption
affecting the burden of proof.
(d) A person convicted of a violation of this section is
punishable, as follows:
(1) Upon a first conviction, by imprisonment in the county jail
for not more than six months or by a fine of not less than three
hundred dollars ($300) or more than one thousand dollars ($1,000), or
by both that fine and imprisonment.
(2) If the offense occurred within five years of a prior offense
that resulted in a conviction for a violation of this section or
Section 14601, 14601.1, 14601.2, or 14601.3, by imprisonment in the
county jail for not less than 10 days or more than one year, and by a
fine of not less than five hundred dollars ($500) or more than two
thousand dollars ($2,000).
(e) In imposing the minimum fine required by subdivision (d), the
court shall take into consideration the defendant's ability to pay
the fine and may, in the interest of justice, and for reasons stated
in the record, reduce the amount of that minimum fine to less than
the amount otherwise imposed.
(f) This section does not prohibit a person who is participating
in, or has completed, an alcohol or drug rehabilitation program from
driving a motor vehicle, that is owned or utilized by the person's
employer, during the course of employment on private property that is
owned or utilized by the employer, except an offstreet parking
facility as defined in subdivision (c) of Section 12500.
(g) When the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of this section in satisfaction
of, or as a substitute for, an original charge of a violation of
Section 14601.2, and the court accepts that plea, except, in the
interest of justice, when the court finds it would be inappropriate,
the court shall, pursuant to Section 23575, require the person
convicted, in addition to other requirements, to install a certified
ignition interlock device on a vehicle that the person owns or
operates for a period not to exceed three years.
(h) This section also applies to the operation of an off-highway
motor vehicle on those lands that the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
(i) Upon receipt of the abstract of a conviction under this
section, the department shall not reinstate the privilege to operate
a motor vehicle until the department receives proof of either the
"Verification of Installation" form as described in paragraph (2) of
subdivision (g) of Section 13386 or the Judicial Council Form I.D.
100.
(j) If Section 23573 is applicable, then subdivisions (g) and (i)
are not applicable.
14601.8. The judge may, in his or her discretion, allow any person
convicted of a violation of Section 14601 or 14601.1 to serve his or
her sentence on a sufficient number of consecutive weekend days to
complete the sentence.
14602.1. (a) Every state and local law enforcement agency,
including, but not limited to, city police departments and county
sheriffs' offices, shall report to the Department of the California
Highway Patrol, on a paper or electronic form developed and approved
by the Department of the California Highway Patrol, all motor vehicle
pursuit data.
(b) Effective January 1, 2006, the form shall require the
reporting of all motor vehicle pursuit data, which shall include, but
not be limited to, all of the following:
(1) Whether any person involved in a pursuit or a subsequent
arrest was injured, specifying the nature of that injury. For all
purposes of this section, the form shall differentiate between the
suspect driver, a suspect passenger, and the peace officers involved.
(2) The violations that caused the pursuit to be initiated.
(3) The identity of the peace officers involved in the pursuit.
(4) The means or methods used to stop the suspect being pursued.
(5) All charges filed with the court by the district attorney.
(6) The conditions of the pursuit, including, but not limited to,
all of the following:
(A) Duration.
(B) Mileage.
(C) Number of peace officers involved.
(D) Maximum number of law enforcement vehicles involved.
(E) Time of day.
(F) Weather conditions.
(G) Maximum speeds.
(7) Whether a pursuit resulted in a collision, and a resulting
injury or fatality to an uninvolved third party, and the
corresponding number of persons involved.
(8) Whether the pursuit involved multiple law enforcement
agencies.
(9) How the pursuit was terminated.
(c) In order to minimize costs, the department, upon updating the
form, shall update the corresponding database to include all of the
reporting requirements specified in subdivision (b).
(d) All motor vehicle pursuit data obtained pursuant to
subdivision (b) shall be submitted to the Department of the
California Highway Patrol no later than 30 days following a motor
vehicle pursuit.
(e) The Department of the California Highway Patrol shall submit
annually to the Legislature a report that includes, but is not
limited to, the following information:
(1) The number of motor vehicle pursuits reported to the
Department of the California Highway Patrol during that year.
(2) The number of those motor vehicle pursuits that reportedly
resulted in a collision in which an injury or fatality to an
uninvolved third party occurred.
(3) The total number of uninvolved third parties who were injured
or killed as a result of those collisions during that year.
14602.5. (a) Whenever a person is convicted for driving any class
M1 or M2 motor vehicle, while his or her driving privilege has been
suspended or revoked, of which vehicle he or she is the owner, or of
which the owner permitted the operation, knowing the person's driving
privilege was suspended or revoked, the court may, at the time
sentence is imposed on the person, order the motor vehicle impounded
in any manner as the court may determine, for a period not to exceed
six months for a first conviction, and not to exceed 12 months for a
second or subsequent conviction. For the purposes of this section, a
"second or subsequent conviction" includes a conviction for any
offense described in this section. The cost of keeping the vehicle
shall be a lien on the vehicle, pursuant to Chapter 6.5 (commencing
with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil
Code.
(b) Notwithstanding subdivision (a), any motor vehicle impounded
pursuant to this section which is subject to a chattel mortgage,
conditional sale contract, or lease contract shall, upon the filing
of an affidavit by the legal owner that the chattel mortgage,
conditional sale contract, or lease contract is in default, be
released by the court to the legal owner, and shall be delivered to
him or her upon payment of the accrued cost of keeping the motor
vehicle.
14602.6. (a) (1) Whenever a peace officer determines that a person
was driving a vehicle while his or her driving privilege was
suspended or revoked, driving a vehicle while his or her driving
privilege is restricted pursuant to Section 13352 or 23575 and the
vehicle is not equipped with a functioning, certified interlock
device, or driving a vehicle without ever having been issued a driver'
s license, the peace officer may either immediately arrest that
person and cause the removal and seizure of that vehicle or, if the
vehicle is involved in a traffic collision, cause the removal and
seizure of the vehicle without the necessity of arresting the person
in accordance with Chapter 10 (commencing with Section 22650) of
Division 11. A vehicle so impounded shall be impounded for 30 days.
(2) The impounding agency, within two working days of impoundment,
shall send a notice by certified mail, return receipt requested, to
the legal owner of the vehicle, at the address obtained from the
department, informing the owner that the vehicle has been impounded.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days'
impoundment when the legal owner redeems the impounded vehicle. The
impounding agency shall maintain a published telephone number that
provides information 24 hours a day regarding the impoundment of
vehicles and the rights of a registered owner to request a hearing.
The law enforcement agency shall be open to issue a release to the
registered owner or legal owner, or the agent of either, whenever the
agency is open to serve the public for regular, nonemergency
business.
(b) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or their agents shall be provided
the opportunity for a storage hearing to determine the validity of,
or consider any mitigating circumstances attendant to, the storage,
in accordance with Section 22852.
(c) Any period in which a vehicle is subjected to storage under
this section shall be included as part of the period of impoundment
ordered by the court under subdivision (a) of Section 14602.5.
(d) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of 30 days'
impoundment under any of the following circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, including a parking
service or repair garage.
(C) When the license of the driver was suspended or revoked for an
offense other than those included in Article 2 (commencing with
Section 13200) of Chapter 2 of Division 6 or Article 3 (commencing
with Section 13350) of Chapter 2 of Division 6.
(D) When the vehicle was seized under this section for an offense
that does not authorize the seizure of the vehicle.
(E) When the driver reinstates his or her driver's license or
acquires a driver's license and proper insurance.
(2) No vehicle shall be released pursuant to this subdivision
without presentation of the registered owner's or agent's currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or upon order of a court.
(e) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
(f) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of 30 days' impoundment if all of the following
conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state or is another person, not the
registered owner, holding a security interest in the vehicle.
(2) (A) The legal owner or the legal owner's agent pays all towing
and storage fees related to the seizure of the vehicle. No lien sale
processing fees shall be charged to the legal owner who redeems the
vehicle prior to the 15th day of impoundment. Neither the impounding
authority nor any person having possession of the vehicle shall
collect from the legal owner of the type specified in paragraph (1),
or the legal owner's agent any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
(B) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
(C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) shall be
civilly liable to the owner of the vehicle or to the person who
tendered the fees for four times the amount of the towing, storage,
and related fees, but not to exceed five hundred dollars ($500).
(D) A person operating or in charge of a storage facility
described in subparagraph (B) shall have sufficient funds on the
premises of the primary storage facility during normal business hours
to accommodate, and make change in, a reasonable monetary
transaction.
(E) Credit charges for towing and storage services shall comply
with Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when making
agreements with towing companies on rates.
(3) The legal owner or the legal owner's agent presents a copy of
the assignment, as defined in subdivision (b) of Section 7500.1 of
the Business and Professions Code; a release from the one responsible
governmental agency, only if required by the agency; a
government-issued photographic identification card; and any one of
the following, as determined by the legal owner or the legal owner's
agent: a certificate of repossession for the vehicle, a security
agreement for the vehicle, or title, whether paper or electronic,
showing proof of legal ownership for the vehicle. Any documents
presented may be originals, photocopies, or facsimile copies, or may
be transmitted electronically. The law enforcement agency, impounding
agency, or any other governmental agency, or any person acting on
behalf of those agencies, shall not require any documents to be
notarized. The law enforcement agency, impounding agency, or any
person acting on behalf of those agencies may require the agent of
the legal owner to produce a photocopy or facsimile copy of its
repossession agency license or registration issued pursuant to
Chapter 11 (commencing with Section 7500) of Division 3 of the
Business and Professions Code, or to demonstrate, to the satisfaction
of the law enforcement agency, impounding agency, or any person
acting on behalf of those agencies, that the agent is exempt from
licensure pursuant to Section 7500.2 or 7500.3 of the Business and
Professions Code.
No administrative costs authorized under subdivision (a) of
Section 22850.5 shall be charged to the legal owner of the type
specified in paragraph (1), 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 law enforcement agency, impounding agency, or other
governmental agency, or any person acting on behalf of those
agencies, shall not require any documents other than those specified
in this paragraph. The law enforcement agency, impounding agency, or
other governmental agency, or any person acting on behalf of those
agencies, shall not require any documents to be notarized. The legal
owner or the legal owner's agent shall be given a copy of any
documents he or she is required to sign, except for a vehicle
evidentiary hold logbook. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, or any
person in possession of the vehicle, may photocopy and retain the
copies of any documents presented by the legal owner or legal owner's
agent.
(4) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the
vehicle, provided all conditions required of the legal owner or legal
owner's agent under this subdivision are satisfied.
(g) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (f) shall not release
the vehicle to the registered owner of the vehicle, or the person who
was listed as the registered owner when the vehicle was impounded,
or any agents of the registered owner, unless the registered owner is
a rental car agency, until after the termination of the 30-day
impoundment period.
(2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner or the person who was
listed as the registered owner when the vehicle was impounded until
the registered owner or that owner's agent presents his or her valid
driver's license or valid temporary driver's license to the legal
owner or the legal owner's agent. The legal owner or the legal owner'
s agent or the person in possession of the vehicle shall make every
reasonable effort to ensure that the license presented is valid and
possession of the vehicle will not be given to the driver who was
involved in the original impoundment proceeding until the expiration
of the impoundment period.
(3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and any administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining custody of the vehicle.
(4) Any legal owner who knowingly releases or causes the release
of a vehicle to a registered owner or the person in possession of the
vehicle at the time of the impoundment or any agent of the
registered owner in violation of this subdivision shall be guilty of
a misdemeanor and subject to a fine in the amount of two thousand
dollars ($2,000) in addition to any other penalties established by
law.
(5) The legal owner, registered owner, or person in possession of
the vehicle shall not change or attempt to change the name of the
legal owner or the registered owner on the records of the department
until the vehicle is released from the impoundment.
(h) (1) A vehicle removed and seized under subdivision (a) shall
be released to a rental car agency prior to the end of 30 days'
impoundment if the agency is either the legal owner or registered
owner of the vehicle and the agency pays all towing and storage fees
related to the seizure of the vehicle.
(2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental car agency may not rent another vehicle
to the driver of the vehicle that was seized until 30 days after the
date that the vehicle was seized.
(3) The rental car agency may require the person to whom the
vehicle was rented to pay all towing and storage charges related to
the impoundment and any administrative charges authorized under
Section 22850.5 that were incurred by the rental car agency in
connection with obtaining custody of the vehicle.
(i) Notwithstanding any other provision of this section, the
registered owner and not the legal owner shall remain responsible for
any towing and storage charges related to the impoundment, any
administrative charges authorized under Section 22850.5, and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(j) The law enforcement agency and the impounding agency,
including any storage facility acting on behalf of the law
enforcement agency or impounding agency, shall comply with this
section and shall not be liable to the registered owner for the
improper release of the vehicle to the legal owner or the legal owner'
s agent provided the release complies with the provisions of this
section. The legal owner shall indemnify and hold harmless a storage
facility from any claims arising out of the release of the vehicle to
the legal owner or the legal owner's agent and from any damage to
the vehicle after its release, including the reasonable costs
associated with defending any such claims. A law enforcement agency
shall not refuse to issue a release to a legal owner or the agent of
a legal owner on the grounds that it previously issued a release.
14602.7. (a) A magistrate presented with the affidavit of a peace
officer establishing reasonable cause to believe that a vehicle,
described by vehicle type and license number, was an instrumentality
used in the peace officer's presence in violation of Section 2800.1,
2800.2, 2800.3, or 23103, shall issue a warrant or order authorizing
any peace officer to immediately seize and cause the removal of the
vehicle. The warrant or court order may be entered into a
computerized database. A vehicle so impounded may be impounded for a
period not to exceed 30 days.
The impounding agency, within two working days of impoundment,
shall send a notice by certified mail, return receipt requested, to
the legal owner of the vehicle, at the address obtained from the
department, informing the owner that the vehicle has been impounded
and providing the owner with a copy of the warrant or court order.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days
impoundment when a legal owner redeems the impounded vehicle. The law
enforcement agency shall be open to issue a release to the
registered owner or legal owner, or the agent of either, whenever the
agency is open to serve the public for regular, nonemergency
business.
(b) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period and without the permission of the magistrate
authorizing the vehicle's seizure under any of the following
circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of the business establishment, including a
parking service or repair garage.
(C) When the registered owner of the vehicle causes a peace
officer to reasonably believe, based on the totality of the
circumstances, that the registered owner was not the driver who
violated Section 2800.1, 2800.2, or 2800.3, the agency shall
immediately release the vehicle to the registered owner or his or her
agent.
(2) No vehicle shall be released pursuant to this subdivision,
except upon presentation of the registered owner's or agent's
currently valid driver's license to operate the vehicle and proof of
current vehicle registration, or upon order of the court.
(c) (1) Whenever a vehicle is impounded under this section, the
magistrate ordering 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.
(2) A notice of the storage shall be mailed or personally
delivered to the registered and legal owners within 48 hours after
issuance of the warrant or court order, excluding weekends and
holidays, by the person or agency executing the warrant or court
order, and shall include all of the following information:
(A) The name, address, and telephone number of the agency
providing the notice.
(B) The location of the place of storage and a description of the
vehicle, which shall include, if available, the name or make, the
manufacturer, the license plate number, and the mileage of the
vehicle.
(C) A copy of the warrant or court order and the peace officer's
affidavit, as described in subdivision (a).
(D) A statement that, in order to receive their poststorage
hearing, the owners, or their agents, are required to request the
hearing from the magistrate issuing the warrant or court order in
person, in writing, or by telephone, within 10 days of the date of
the notice.
(3) The poststorage hearing shall be conducted within two court
days after receipt of the request for the hearing.
(4) At the hearing, the magistrate may order the vehicle released
if he or she finds any of the circumstances described in subdivision
(b) or (e) that allow release of a vehicle by the impounding agency.
The magistrate may also consider releasing the vehicle when the
continued impoundment will cause undue hardship to persons dependent
upon the vehicle for employment or to a person with a community
property interest in the vehicle.
(5) Failure of either the registered or legal owner, or his or her
agent, to request, or to attend, a scheduled hearing satisfies the
poststorage hearing requirement.
(6) The agency employing the peace officer who caused the
magistrate to issue the warrant or court order 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.
(d) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
(e) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of the impoundment period and without the
permission of the magistrate authorizing the seizure of the vehicle
if all of the following conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state or is another person, not the
registered owner, holding a financial interest in the vehicle.
(2) (A) The legal owner or the legal owner's agent pays all towing
and storage fees related to the seizure of the vehicle. No lien sale
processing fees shall be charged to the legal owner who redeems the
vehicle prior to the 15th day of impoundment. Neither the impounding
authority nor any person having possession of the vehicle shall
collect from the legal owner of the type specified in paragraph (1),
or the legal owner's agent any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
(B) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
(C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) shall be
civilly liable to the owner of the vehicle or to the person who
tendered the fees for four times the amount of the towing, storage
and related fees, but not to exceed five hundred dollars ($500).
(D) A person operating or in charge of a storage facility
described in subparagraph (B) shall have sufficient funds on the
premises of the primary storage facility during normal business hours
to accommodate, and make change in, a reasonable monetary
transaction.
(E) Credit charges for towing and storage services shall comply
with Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when making
agreements with towing companies on rates.
(3) The legal owner or the legal owner's agent presents, to the
law enforcement agency, impounding agency, person in possession of
the vehicle, or any person acting on behalf of those agencies, a copy
of the assignment, as defined in subdivision (b) of Section 7500.1
of the Business and Professions Code; a release from the one
responsible governmental agency, only if required by the agency; a
government-issued photographic identification card; and any one of
the following, as determined by the legal owner or the legal owner's
agent: a certificate of repossession for the vehicle, a security
agreement for the vehicle, or title, whether paper or electronic,
showing proof of legal ownership for the vehicle. Any documents
presented may be originals, photocopies, or facsimile copies, or may
be transmitted electronically. The law enforcement agency, impounding
agency, or any other governmental agency, or any person acting on
behalf of those agencies, shall not require any documents to be
notarized. The law enforcement agency, impounding agency, or any
person acting on behalf of those agencies, may require the agent of
the legal owner to produce a photocopy or facsimile copy of its
repossession agency license or registration issued pursuant to
Chapter 11 (commencing with Section 7500) of Division 3 of the
Business and Professions Code, or to demonstrate, to the satisfaction
of the law enforcement agency, impounding agency, or any person
acting on behalf of those agencies that the agent is exempt from
licensure pursuant to Section 7500.2 or 7500.3 of the Business and
Professions Code.
No administrative costs authorized under subdivision (a) of
Section 22850.5 shall be charged to the legal owner of the type
specified in paragraph (1), 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 law enforcement agency, impounding agency, or other
governmental agency, or any person acting on behalf of those
agencies, shall not require any documents other than those specified
in this paragraph. The law enforcement agency, impounding agency, or
other governmental agency, or any person acting on behalf of those
agencies, shall not require any documents to be notarized. The legal
owner or the legal owner's agent shall be given a copy of any
documents he or she is required to sign, except for a vehicle
evidentiary hold logbook. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, or any
person in possession of the vehicle, may photocopy and retain the
copies of any documents presented by the legal owner or legal owner's
agent.
(4) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the
vehicle, provided all conditions required of the legal owner or legal
owner's agent under this subdivision are satisfied.
(f) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (e) shall not release
the vehicle to the registered owner or the person who was listed as
the registered owner when the vehicle was impounded of the vehicle or
any agents of the registered owner, unless a registered owner is a
rental car agency, until the termination of the impoundment period.
(2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner or the person who was
listed as the registered owner when the vehicle was impounded until
the registered owner or that owner's agent presents his or her valid
driver's license or valid temporary driver's license to the legal
owner or the legal owner's agent. The legal owner or the legal owner'
s agent shall make every reasonable effort to ensure that the license
presented is valid and possession of the vehicle will not be given
to the driver who was involved in the original impoundment proceeding
until the expiration of the impoundment period.
(3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and the administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining the custody of the vehicle.
(4) Any legal owner who knowingly releases or causes the release
of a vehicle to a registered owner or the person in possession of the
vehicle at the time of the impoundment or any agent of the
registered owner in violation of this subdivision shall be guilty of
a misdemeanor and subject to a fine in the amount of two thousand
dollars ($2,000) in addition to any other penalties established by
law.
(5) The legal owner, registered owner, or person in possession of
the vehicle shall not change or attempt to change the name of the
legal owner or the registered owner on the records of the department
until the vehicle is released from the impoundment.
(g) (1) A vehicle impounded and seized under subdivision (a) shall
be released to a rental car agency prior to the end of the
impoundment period if the agency is either the legal owner or
registered owner of the vehicle and the agency pays all towing and
storage fees related to the seizure of the vehicle.
(2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental car agency shall not rent another
vehicle to the driver who used the vehicle that was seized to evade a
police officer until 30 days after the date that the vehicle was
seized.
(3) The rental car agency may require the person to whom the
vehicle was rented and who evaded the peace officer to pay all towing
and storage charges related to the impoundment and any
administrative charges authorized under Section 22850.5 that were
incurred by the rental car agency in connection with obtaining
custody of the vehicle.
(h) Notwithstanding any other provision of this section, the
registered owner and not the legal owner shall remain responsible for
any towing and storage charges related to the impoundment and the
administrative charges authorized under Section 22850.5 and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(i) (1) 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.
(2) 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 three hundred dollars ($300) or less.
(j) The law enforcement agency and the impounding agency,
including any storage facility acting on behalf of the law
enforcement agency or impounding agency, shall comply with this
section and shall not be liable to the registered owner for the
improper release of the vehicle to the legal owner or the legal owner'
s agent provided the release complies with the provisions of this
section. The legal owner shall indemnify and hold harmless a storage
facility from any claims arising out of the release of the vehicle to
the legal owner or the legal owner's agent and from any damage to
the vehicle after its release, including the reasonable costs
associated with defending any such claims. A law enforcement agency
shall not refuse to issue a release to a legal owner or the agent of
a legal owner on the grounds that it previously issued a release.
14602.8. (a) (1) If a peace officer determines that a person has
been convicted of a violation of Section 23140, 23152, or 23153, that
the violation occurred within the preceding 10 years, and that one
or more of the following circumstances applies to that person, the
officer may immediately cause the removal and seizure of the vehicle
that the person was driving, under either of the following
circumstances:
(A) The person was driving a vehicle when the person had 0.10
percent or more, by weight, of alcohol in his or her blood.
(B) The person driving the vehicle refused to submit to or
complete a chemical test requested by the peace officer.
(2) A vehicle impounded pursuant to paragraph (1) shall be
impounded for the following period of time:
(A) Five days, if the person has been convicted once of violating
Section 23140, 23152, or 23153, and the violation occurred within the
preceding 10 years.
(B) Fifteen days, if the person has been convicted two or more
times of violating Section 23140, 23152, or 23153, or any combination
thereof, and the violations occurred within the preceding 10 years.
(3) Within two working days after impoundment, the impounding
agency shall send a notice by certified mail, return receipt
requested, to the legal owner of the vehicle, at the address obtained
from the department, informing the owner that the vehicle has been
impounded. Failure to notify the legal owner within two working days
shall prohibit the impounding agency from charging for more than five
days' impoundment when the legal owner redeems the impounded
vehicle. The impounding agency shall maintain a published telephone
number that provides information 24 hours a day regarding the
impoundment of vehicles and the rights of a registered owner to
request a hearing. The law enforcement agency shall be open to issue
a release to the registered owner or legal owner, or the agent of
either, whenever the agency is open to serve the public for regular,
nonemergency business.
(b) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or his or her agent shall be
provided the opportunity for a storage hearing to determine the
validity of, or consider any mitigating circumstances attendant to,
the storage, in accordance with Section 22852.
(c) Any period during which a vehicle is subjected to storage
under this section shall be included as part of the period of
impoundment ordered by the court under Section 23594.
(d) (1) The impounding agency shall release the vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period under any of the following circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, including a parking
service or repair garage.
(C) When the driver of the vehicle is not the sole registered
owner of the vehicle and the vehicle is being released to another
registered owner of the vehicle who agrees not to allow the driver to
use the vehicle until after the end of the impoundment period.
(2) A vehicle shall not be released pursuant to this subdivision
without presentation of the registered owner's or agent's currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or upon order of a court.
(e) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
(f) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of the impoundment period if all of the following
conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state, or is another person who is not the
registered owner and holds a security interest in the vehicle.
(2) (A) The legal owner or the legal owner's agent pays all towing
and storage fees related to the seizure of the vehicle. A lien sale
processing fee shall not be charged to the legal owner who redeems
the vehicle prior to the 10th day of impoundment. The impounding
authority or any person having possession of the vehicle shall not
collect from the legal owner of the type specified in paragraph (1),
or the legal owner's agent any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
(B) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
(C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) shall be
civilly liable to the owner of the vehicle or to the person who
tendered the fees for four times the amount of the towing, storage,
and other related fees, but not to exceed five hundred dollars
($500).
(D) A person operating or in charge of a storage facility
described in subparagraph (B) shall have sufficient funds on the
premises of the primary storage facility during normal business hours
to accommodate, and make change in, a reasonable monetary
transaction.
(E) Credit charges for towing and storage services shall comply
with Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when making
agreements with towing companies on rates.
(3) (A) The legal owner or the legal owner's agent presents to the
law enforcement agency or impounding agency, or any person acting on
behalf of those agencies, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The law enforcement agency, impounding
agency, or any other governmental agency, or any person acting on
behalf of those agencies, shall not require the presentation of any
other documents.
(B) The legal owner or the legal owner's agent presents to the
person in possession of the vehicle, or any person acting on behalf
of the person in possession, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The person in possession of the vehicle,
or any person acting on behalf of the person in possession, shall not
require the presentation of any other documents.
(C) All presented documents may be originals, photocopies, or
facsimile copies, or may be transmitted electronically. The law
enforcement agency, impounding agency, or any person acting on behalf
of them, shall not require a document to be notarized. The law
enforcement agency, impounding agency, or any person in possession of
the vehicle, or anyone acting on behalf of those agencies may
require the agent of the legal owner to produce a photocopy or
facsimile copy of its repossession agency license or registration
issued pursuant to Chapter 11 (commencing with Section 7500) of
Division 3 of the Business and Professions Code, or to demonstrate,
to the satisfaction of the law enforcement agency, impounding agency,
any other governmental agency, or any person in possession of the
vehicle, or anyone acting on behalf of them, that the agent is exempt
from licensure pursuant to Section 7500.2 or 7500.3 of the Business
and Professions Code.
(D) Administrative costs authorized under subdivision (a) of
Section 22850.5 shall not be charged to the legal owner of the type
specified in paragraph (1), who redeems the vehicle unless the legal
owner voluntarily requests a poststorage hearing. A city, county,
city and county, or state agency shall not 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 law enforcement agency, impounding agency,
or any governmental agency, or any person acting on behalf of those
agencies, shall not require any documents other than those specified
in this paragraph. The law enforcement agency, impounding agency,
other governmental agency, or any person acting on behalf of those
agencies, shall not require any documents to be notarized. The legal
owner or the legal owner's agent shall be given a copy of any
documents he or she is required to sign, except for a vehicle
evidentiary hold logbook. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, or any
person in possession of the vehicle, may photocopy and retain the
copies of any documents presented by the legal owner or legal owner's
agent.
(4) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the
vehicle, provided all conditions required of the legal owner or legal
owner's agent under this subdivision are satisfied.
(g) (1) A legal owner or the legal owner's agent who obtains
release of the vehicle pursuant to subdivision (f) may not release
the vehicle to the registered owner of the vehicle or the person who
was listed as the registered owner when the vehicle was impounded or
any agents of the registered owner, unless the registered owner is a
rental car agency, until after the termination of the impoundment
period.
(2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner or the person who was
listed as the registered owner when the vehicle was impounded until
the registered owner or that owner's agent presents his or her valid
driver's license or valid temporary driver's license to the legal
owner or the legal owner's agent. The legal owner or the legal owner'
s agent or the person in possession of the vehicle shall make every
reasonable effort to ensure that the license presented is valid and
possession of the vehicle will not be given to the driver who was
involved in the original impoundment proceeding until the expiration
of the impoundment period.
(3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and any administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining custody of the vehicle.
(h) (1) A vehicle removed and seized under subdivision (a) shall
be released to a rental car agency prior to the end of the
impoundment period if the agency is either the legal owner or
registered owner of the vehicle and the agency pays all towing and
storage fees related to the seizure of the vehicle.
(2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental car agency shall not rent another
vehicle to the driver of the vehicle that was seized until the
impoundment period has expired.
(3) The rental car agency may require the person to whom the
vehicle was rented to pay all towing and storage charges related to
the impoundment and any administrative charges authorized under
Section 22850.5 that were incurred by the rental car a
14600. (a) Whenever any person after applying for or receiving a
driver's license moves to a new residence, or acquires a new mailing
address different from the address shown in the application or in the
license as issued, he or she shall within 10 days thereafter notify
the department of both the old and new address. The department may
issue a document to accompany the driver's license reflecting the new
address of the holder of the license.
(b) When, pursuant to subdivision (b) of Section 12951, a driver
presents his or her driver's license to a peace officer, he or she
shall, if applicable, also present the document issued pursuant to
subdivision (a) if the driver's license does not reflect the driver's
current residence or mailing address.
14601. (a) No person shall drive a motor vehicle at any time when
that person's driving privilege is suspended or revoked for reckless
driving in violation of Section 23103, 23104, or 23105, any reason
listed in subdivision (a) or (c) of Section 12806 authorizing the
department to refuse to issue a license, negligent or incompetent
operation of a motor vehicle as prescribed in subdivision (e) of
Section 12809, or negligent operation as prescribed in Section
12810.5, if the person so driving has knowledge of the suspension or
revocation. Knowledge shall be conclusively presumed if mailed notice
has been given by the department to the person pursuant to Section
13106. The presumption established by this subdivision is a
presumption affecting the burden of proof.
(b) A person convicted under this section shall be punished as
follows:
(1) Upon a first conviction, by imprisonment in a county jail for
not less than five days or more than six months and by a fine of not
less than three hundred dollars ($300) or more than one thousand
dollars ($1,000).
(2) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601.1, 14601.2, or 14601.5, by imprisonment in a county
jail for not less than 10 days or more than one year and by a fine of
not less than five hundred dollars ($500) or more than two thousand
dollars ($2,000).
(c) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601.1, 14601.2, or 14601.5, and is granted probation, the
court shall impose as a condition of probation that the person be
confined in a county jail for at least 10 days.
(d) Nothing in this section prohibits a person from driving a
motor vehicle, that is owned or utilized by the person's employer,
during the course of employment on private property that is owned or
utilized by the employer, except an offstreet parking facility as
defined in subdivision (c) of Section 12500.
(e) When the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of this section in satisfaction
of, or as a substitute for, an original charge of a violation of
Section 14601.2, and the court accepts that plea, except, in the
interest of justice, when the court finds it would be inappropriate,
the court shall, pursuant to Section 23575, require the person
convicted, in addition to any other requirements, to install a
certified ignition interlock device on any vehicle that the person
owns or operates for a period not to exceed three years.
(f) This section also applies to the operation of an off-highway
motor vehicle on those lands to which the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
14601.1. (a) No person shall drive a motor vehicle when his or her
driving privilege is suspended or revoked for any reason other than
those listed in Section 14601, 14601.2, or 14601.5, if the person so
driving has knowledge of the suspension or revocation. Knowledge
shall be conclusively presumed if mailed notice has been given by the
department to the person pursuant to Section 13106. The presumption
established by this subdivision is a presumption affecting the burden
of proof.
(b) Any person convicted under this section shall be punished as
follows:
(1) Upon a first conviction, by imprisonment in the county jail
for not more than six months or by a fine of not less than three
hundred dollars ($300) or more than one thousand dollars ($1,000), or
by both that fine and imprisonment.
(2) If the offense occurred within five years of a prior offense
which resulted in a conviction of a violation of this section or
Section 14601, 14601.2, or 14601.5, by imprisonment in the county
jail for not less than five days or more than one year and by a fine
of not less than five hundred dollars ($500) or more than two
thousand dollars ($2,000).
(c) Nothing in this section prohibits a person from driving a
motor vehicle, which is owned or utilized by the person's employer,
during the course of employment on private property which is owned or
utilized by the employer, except an offstreet parking facility as
defined in subdivision (d) of Section 12500.
(d) When the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of this section in satisfaction
of, or as a substitute for, an original charge of a violation of
Section 14601.2, and the court accepts that plea, except, in the
interest of justice, when the court finds it would be inappropriate,
the court shall, pursuant to Section 23575, require the person
convicted, in addition to any other requirements, to install a
certified ignition interlock device on any vehicle that the person
owns or operates for a period not to exceed three years.
(e) This section also applies to the operation of an off-highway
motor vehicle on those lands to which the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
14601.2. (a) A person shall not drive a motor vehicle at any time
when that person's driving privilege is suspended or revoked for a
conviction of a violation of Section 23152 or 23153 if the person so
driving has knowledge of the suspension or revocation.
(b) Except in full compliance with the restriction, a person shall
not drive a motor vehicle at any time when that person's driving
privilege is restricted if the person so driving has knowledge of the
restriction.
(c) Knowledge of the suspension or revocation of the driving
privilege shall be conclusively presumed if mailed notice has been
given by the department to the person pursuant to Section 13106.
Knowledge of the restriction of the driving privilege shall be
presumed if notice has been given by the court to the person. The
presumption established by this subdivision is a presumption
affecting the burden of proof.
(d) A person convicted of a violation of this section shall be
punished as follows:
(1) Upon a first conviction, by imprisonment in the county jail
for not less than 10 days or more than six months and by a fine of
not less than three hundred dollars ($300) or more than one thousand
dollars ($1,000), unless the person has been designated a habitual
traffic offender under subdivision (b) of Section 23546, subdivision
(b) of Section 23550, or subdivision (d) of Section 23550.5, in which
case the person, in addition, shall be sentenced as provided in
paragraph (3) of subdivision (e) of Section 14601.3.
(2) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601, 14601.1, or 14601.5, by imprisonment in the county
jail for not less than 30 days or more than one year and by a fine of
not less than five hundred dollars ($500) or more than two thousand
dollars ($2,000), unless the person has been designated a habitual
traffic offender under subdivision (b) of Section 23546, subdivision
(b) of Section 23550, or subdivision (d) of Section 23550.5, in which
case the person, in addition, shall be sentenced as provided in
paragraph (3) of subdivision (e) of Section 14601.3.
(e) If a person is convicted of a first offense under this section
and is granted probation, the court shall impose as a condition of
probation that the person be confined in the county jail for at least
10 days.
(f) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601, 14601.1, or 14601.5 and is granted probation, the
court shall impose as a condition of probation that the person be
confined in the county jail for at least 30 days.
(g) If a person is convicted of a second or subsequent offense
that results in a conviction of this section within seven years, but
over five years, of a prior offense that resulted in a conviction of
a violation of this section or Section 14601, 14601.1, or 14601.5 and
is granted probation, the court shall impose as a condition of
probation that the person be confined in the county jail for at least
10 days.
(h) Pursuant to Section 23575, the court shall require a person
convicted of a violation of this section to install a certified
ignition interlock device on a vehicle the person owns or operates.
Upon receipt of the abstract of a conviction under this section, the
department shall not reinstate the privilege to operate a motor
vehicle until the department receives proof of either the
"Verification of Installation" form as described in paragraph (2) of
subdivision (g) of Section 13386 or the Judicial Council Form I.D.
100.
(i) This section does not prohibit a person who is participating
in, or has completed, an alcohol or drug rehabilitation program from
driving a motor vehicle that is owned or utilized by the person's
employer, during the course of employment on private property that is
owned or utilized by the employer, except an offstreet parking
facility as defined in subdivision (c) of Section 12500.
(j) This section also applies to the operation of an off-highway
motor vehicle on those lands that the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
(k) If Section 23573 is applicable, then subdivision (h) is not
applicable.
14601.3. (a) It is unlawful for a person whose driving privilege
has been suspended or revoked to accumulate a driving record history
which results from driving during the period of suspension or
revocation. A person who violates this subdivision is designated an
habitual traffic offender.
For purposes of this section, a driving record history means any
of the following, if the driving occurred during any period of
suspension or revocation:
(1) Two or more convictions within a 12-month period of an offense
given a violation point count of two pursuant to Section 12810.
(2) Three or more convictions within a 12-month period of an
offense given a violation point count of one pursuant to Section
12810.
(3) Three or more accidents within a 12-month period that are
subject to the reporting requirements of Section 16000.
(4) Any combination of convictions or accidents, as specified in
paragraphs (1) to (3), inclusive, which results during any 12-month
period in a violation point count of three or more pursuant to
Section 12810.
(b) Knowledge of suspension or revocation of the driving privilege
shall be conclusively presumed if mailed notice has been given by
the department to the person pursuant to Section 13106. The
presumption established by this subdivision is a presumption
affecting the burden of proof.
(c) The department, within 30 days of receipt of a duly certified
abstract of the record of any court or accident report which results
in a person being designated an habitual traffic offender, may
execute and transmit by mail a notice of that designation to the
office of the district attorney having jurisdiction over the location
of the person's last known address as contained in the department's
records.
(d) (1) The district attorney, within 30 days of receiving the
notice required in subdivision (c), shall inform the department of
whether or not the person will be prosecuted for being an habitual
traffic offender.
(2) Notwithstanding any other provision of this section, any
habitual traffic offender designated under subdivision (b) of Section
23546, subdivision (b) of Section 23550, or subdivision (b) of
Section 23550.5, who is convicted of violating Section 14601.2 shall
be sentenced as provided in paragraph (3) of subdivision (e).
(e) Any person convicted under this section of being an habitual
traffic offender shall be punished as follows:
(1) Upon a first conviction, by imprisonment in the county jail
for 30 days and by a fine of one thousand dollars ($1,000).
(2) Upon a second or any subsequent offense within seven years of
a prior conviction under this section, by imprisonment in the county
jail for 180 days and by a fine of two thousand dollars ($2,000).
(3) Any habitual traffic offender designated under Section 193.7
of the Penal Code or under subdivision (b) of Section 23546,
subdivision (b) of Section 23550, subdivision (b) of Section 23550.5,
or subdivision (d) of Section 23566 who is convicted of a violation
of Section 14601.2 shall be punished by imprisonment in the county
jail for 180 days and by a fine of two thousand dollars ($2,000). The
penalty in this paragraph shall be consecutive to that imposed for
the violation of any other law.
(f) This section also applies to the operation of an off-highway
motor vehicle on those lands to which the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
14601.4. (a) It is unlawful for a person, while driving a vehicle
with a license suspended or revoked pursuant to Section 14601.2 to do
an act forbidden by law or neglect a duty imposed by law in the
driving of the vehicle, which act or neglect proximately causes
bodily injury to a person other than the driver. In proving the
person neglected a duty imposed by law in the driving of the vehicle,
it is not necessary to prove that a specific section of this code
was violated.
(b) A person convicted under this section shall be imprisoned in
the county jail and shall not be released upon work release,
community service, or other release program before the minimum period
of imprisonment, prescribed in Section 14601.2, is served. If a
person is convicted of that offense and is granted probation, the
court shall require that the person convicted serve at least the
minimum time of imprisonment, as specified in those sections, as a
term or condition of probation.
(c) When the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of this section in satisfaction
of, or as a substitute for, an original charge of a violation of
Section 14601.2, and the court accepts that plea, except, in the
interest of justice, when the court finds it should be inappropriate,
the court shall, pursuant to Section 23575, require the person
convicted, in addition to other requirements, to install a certified
ignition interlock device on a vehicle that the person owns or
operates for a period not to exceed three years.
(d) This section also applies to the operation of an off-highway
motor vehicle on those lands that the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
(e) Upon receipt of the abstract of a conviction under this
section, the department shall not reinstate the privilege to operate
a motor vehicle until the department receives proof of either the
"Verification of Installation" form as described in paragraph (2) of
subdivision (g) of Section 13386 or the Judicial Council Form I.D.
100.
(f) If Section 23573 is applicable, then subdivisions (c) and (e)
are not applicable.
14601.5. (a) A person shall not drive a motor vehicle at any time
when that person's driving privilege is suspended or revoked pursuant
to Section 13353, 13353.1, or 13353.2 and that person has knowledge
of the suspension or revocation.
(b) Except in full compliance with the restriction, a person shall
not drive a motor vehicle at any time when that person's driving
privilege is restricted pursuant to Section 13353.7 or 13353.8 and
that person has knowledge of the restriction.
(c) Knowledge of suspension, revocation, or restriction of the
driving privilege shall be conclusively presumed if notice has been
given by the department to the person pursuant to Section 13106. The
presumption established by this subdivision is a presumption
affecting the burden of proof.
(d) A person convicted of a violation of this section is
punishable, as follows:
(1) Upon a first conviction, by imprisonment in the county jail
for not more than six months or by a fine of not less than three
hundred dollars ($300) or more than one thousand dollars ($1,000), or
by both that fine and imprisonment.
(2) If the offense occurred within five years of a prior offense
that resulted in a conviction for a violation of this section or
Section 14601, 14601.1, 14601.2, or 14601.3, by imprisonment in the
county jail for not less than 10 days or more than one year, and by a
fine of not less than five hundred dollars ($500) or more than two
thousand dollars ($2,000).
(e) In imposing the minimum fine required by subdivision (d), the
court shall take into consideration the defendant's ability to pay
the fine and may, in the interest of justice, and for reasons stated
in the record, reduce the amount of that minimum fine to less than
the amount otherwise imposed.
(f) This section does not prohibit a person who is participating
in, or has completed, an alcohol or drug rehabilitation program from
driving a motor vehicle, that is owned or utilized by the person's
employer, during the course of employment on private property that is
owned or utilized by the employer, except an offstreet parking
facility as defined in subdivision (c) of Section 12500.
(g) When the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of this section in satisfaction
of, or as a substitute for, an original charge of a violation of
Section 14601.2, and the court accepts that plea, except, in the
interest of justice, when the court finds it would be inappropriate,
the court shall, pursuant to Section 23575, require the person
convicted, in addition to other requirements, to install a certified
ignition interlock device on a vehicle that the person owns or
operates for a period not to exceed three years.
(h) This section also applies to the operation of an off-highway
motor vehicle on those lands that the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
(i) Upon receipt of the abstract of a conviction under this
section, the department shall not reinstate the privilege to operate
a motor vehicle until the department receives proof of either the
"Verification of Installation" form as described in paragraph (2) of
subdivision (g) of Section 13386 or the Judicial Council Form I.D.
100.
(j) If Section 23573 is applicable, then subdivisions (g) and (i)
are not applicable.
14601.8. The judge may, in his or her discretion, allow any person
convicted of a violation of Section 14601 or 14601.1 to serve his or
her sentence on a sufficient number of consecutive weekend days to
complete the sentence.
14602.1. (a) Every state and local law enforcement agency,
including, but not limited to, city police departments and county
sheriffs' offices, shall report to the Department of the California
Highway Patrol, on a paper or electronic form developed and approved
by the Department of the California Highway Patrol, all motor vehicle
pursuit data.
(b) Effective January 1, 2006, the form shall require the
reporting of all motor vehicle pursuit data, which shall include, but
not be limited to, all of the following:
(1) Whether any person involved in a pursuit or a subsequent
arrest was injured, specifying the nature of that injury. For all
purposes of this section, the form shall differentiate between the
suspect driver, a suspect passenger, and the peace officers involved.
(2) The violations that caused the pursuit to be initiated.
(3) The identity of the peace officers involved in the pursuit.
(4) The means or methods used to stop the suspect being pursued.
(5) All charges filed with the court by the district attorney.
(6) The conditions of the pursuit, including, but not limited to,
all of the following:
(A) Duration.
(B) Mileage.
(C) Number of peace officers involved.
(D) Maximum number of law enforcement vehicles involved.
(E) Time of day.
(F) Weather conditions.
(G) Maximum speeds.
(7) Whether a pursuit resulted in a collision, and a resulting
injury or fatality to an uninvolved third party, and the
corresponding number of persons involved.
(8) Whether the pursuit involved multiple law enforcement
agencies.
(9) How the pursuit was terminated.
(c) In order to minimize costs, the department, upon updating the
form, shall update the corresponding database to include all of the
reporting requirements specified in subdivision (b).
(d) All motor vehicle pursuit data obtained pursuant to
subdivision (b) shall be submitted to the Department of the
California Highway Patrol no later than 30 days following a motor
vehicle pursuit.
(e) The Department of the California Highway Patrol shall submit
annually to the Legislature a report that includes, but is not
limited to, the following information:
(1) The number of motor vehicle pursuits reported to the
Department of the California Highway Patrol during that year.
(2) The number of those motor vehicle pursuits that reportedly
resulted in a collision in which an injury or fatality to an
uninvolved third party occurred.
(3) The total number of uninvolved third parties who were injured
or killed as a result of those collisions during that year.
14602.5. (a) Whenever a person is convicted for driving any class
M1 or M2 motor vehicle, while his or her driving privilege has been
suspended or revoked, of which vehicle he or she is the owner, or of
which the owner permitted the operation, knowing the person's driving
privilege was suspended or revoked, the court may, at the time
sentence is imposed on the person, order the motor vehicle impounded
in any manner as the court may determine, for a period not to exceed
six months for a first conviction, and not to exceed 12 months for a
second or subsequent conviction. For the purposes of this section, a
"second or subsequent conviction" includes a conviction for any
offense described in this section. The cost of keeping the vehicle
shall be a lien on the vehicle, pursuant to Chapter 6.5 (commencing
with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil
Code.
(b) Notwithstanding subdivision (a), any motor vehicle impounded
pursuant to this section which is subject to a chattel mortgage,
conditional sale contract, or lease contract shall, upon the filing
of an affidavit by the legal owner that the chattel mortgage,
conditional sale contract, or lease contract is in default, be
released by the court to the legal owner, and shall be delivered to
him or her upon payment of the accrued cost of keeping the motor
vehicle.
14602.6. (a) (1) Whenever a peace officer determines that a person
was driving a vehicle while his or her driving privilege was
suspended or revoked, driving a vehicle while his or her driving
privilege is restricted pursuant to Section 13352 or 23575 and the
vehicle is not equipped with a functioning, certified interlock
device, or driving a vehicle without ever having been issued a driver'
s license, the peace officer may either immediately arrest that
person and cause the removal and seizure of that vehicle or, if the
vehicle is involved in a traffic collision, cause the removal and
seizure of the vehicle without the necessity of arresting the person
in accordance with Chapter 10 (commencing with Section 22650) of
Division 11. A vehicle so impounded shall be impounded for 30 days.
(2) The impounding agency, within two working days of impoundment,
shall send a notice by certified mail, return receipt requested, to
the legal owner of the vehicle, at the address obtained from the
department, informing the owner that the vehicle has been impounded.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days'
impoundment when the legal owner redeems the impounded vehicle. The
impounding agency shall maintain a published telephone number that
provides information 24 hours a day regarding the impoundment of
vehicles and the rights of a registered owner to request a hearing.
The law enforcement agency shall be open to issue a release to the
registered owner or legal owner, or the agent of either, whenever the
agency is open to serve the public for regular, nonemergency
business.
(b) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or their agents shall be provided
the opportunity for a storage hearing to determine the validity of,
or consider any mitigating circumstances attendant to, the storage,
in accordance with Section 22852.
(c) Any period in which a vehicle is subjected to storage under
this section shall be included as part of the period of impoundment
ordered by the court under subdivision (a) of Section 14602.5.
(d) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of 30 days'
impoundment under any of the following circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, including a parking
service or repair garage.
(C) When the license of the driver was suspended or revoked for an
offense other than those included in Article 2 (commencing with
Section 13200) of Chapter 2 of Division 6 or Article 3 (commencing
with Section 13350) of Chapter 2 of Division 6.
(D) When the vehicle was seized under this section for an offense
that does not authorize the seizure of the vehicle.
(E) When the driver reinstates his or her driver's license or
acquires a driver's license and proper insurance.
(2) No vehicle shall be released pursuant to this subdivision
without presentation of the registered owner's or agent's currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or upon order of a court.
(e) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
(f) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of 30 days' impoundment if all of the following
conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state or is another person, not the
registered owner, holding a security interest in the vehicle.
(2) (A) The legal owner or the legal owner's agent pays all towing
and storage fees related to the seizure of the vehicle. No lien sale
processing fees shall be charged to the legal owner who redeems the
vehicle prior to the 15th day of impoundment. Neither the impounding
authority nor any person having possession of the vehicle shall
collect from the legal owner of the type specified in paragraph (1),
or the legal owner's agent any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
(B) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
(C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) shall be
civilly liable to the owner of the vehicle or to the person who
tendered the fees for four times the amount of the towing, storage,
and related fees, but not to exceed five hundred dollars ($500).
(D) A person operating or in charge of a storage facility
described in subparagraph (B) shall have sufficient funds on the
premises of the primary storage facility during normal business hours
to accommodate, and make change in, a reasonable monetary
transaction.
(E) Credit charges for towing and storage services shall comply
with Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when making
agreements with towing companies on rates.
(3) The legal owner or the legal owner's agent presents a copy of
the assignment, as defined in subdivision (b) of Section 7500.1 of
the Business and Professions Code; a release from the one responsible
governmental agency, only if required by the agency; a
government-issued photographic identification card; and any one of
the following, as determined by the legal owner or the legal owner's
agent: a certificate of repossession for the vehicle, a security
agreement for the vehicle, or title, whether paper or electronic,
showing proof of legal ownership for the vehicle. Any documents
presented may be originals, photocopies, or facsimile copies, or may
be transmitted electronically. The law enforcement agency, impounding
agency, or any other governmental agency, or any person acting on
behalf of those agencies, shall not require any documents to be
notarized. The law enforcement agency, impounding agency, or any
person acting on behalf of those agencies may require the agent of
the legal owner to produce a photocopy or facsimile copy of its
repossession agency license or registration issued pursuant to
Chapter 11 (commencing with Section 7500) of Division 3 of the
Business and Professions Code, or to demonstrate, to the satisfaction
of the law enforcement agency, impounding agency, or any person
acting on behalf of those agencies, that the agent is exempt from
licensure pursuant to Section 7500.2 or 7500.3 of the Business and
Professions Code.
No administrative costs authorized under subdivision (a) of
Section 22850.5 shall be charged to the legal owner of the type
specified in paragraph (1), 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 law enforcement agency, impounding agency, or other
governmental agency, or any person acting on behalf of those
agencies, shall not require any documents other than those specified
in this paragraph. The law enforcement agency, impounding agency, or
other governmental agency, or any person acting on behalf of those
agencies, shall not require any documents to be notarized. The legal
owner or the legal owner's agent shall be given a copy of any
documents he or she is required to sign, except for a vehicle
evidentiary hold logbook. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, or any
person in possession of the vehicle, may photocopy and retain the
copies of any documents presented by the legal owner or legal owner's
agent.
(4) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the
vehicle, provided all conditions required of the legal owner or legal
owner's agent under this subdivision are satisfied.
(g) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (f) shall not release
the vehicle to the registered owner of the vehicle, or the person who
was listed as the registered owner when the vehicle was impounded,
or any agents of the registered owner, unless the registered owner is
a rental car agency, until after the termination of the 30-day
impoundment period.
(2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner or the person who was
listed as the registered owner when the vehicle was impounded until
the registered owner or that owner's agent presents his or her valid
driver's license or valid temporary driver's license to the legal
owner or the legal owner's agent. The legal owner or the legal owner'
s agent or the person in possession of the vehicle shall make every
reasonable effort to ensure that the license presented is valid and
possession of the vehicle will not be given to the driver who was
involved in the original impoundment proceeding until the expiration
of the impoundment period.
(3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and any administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining custody of the vehicle.
(4) Any legal owner who knowingly releases or causes the release
of a vehicle to a registered owner or the person in possession of the
vehicle at the time of the impoundment or any agent of the
registered owner in violation of this subdivision shall be guilty of
a misdemeanor and subject to a fine in the amount of two thousand
dollars ($2,000) in addition to any other penalties established by
law.
(5) The legal owner, registered owner, or person in possession of
the vehicle shall not change or attempt to change the name of the
legal owner or the registered owner on the records of the department
until the vehicle is released from the impoundment.
(h) (1) A vehicle removed and seized under subdivision (a) shall
be released to a rental car agency prior to the end of 30 days'
impoundment if the agency is either the legal owner or registered
owner of the vehicle and the agency pays all towing and storage fees
related to the seizure of the vehicle.
(2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental car agency may not rent another vehicle
to the driver of the vehicle that was seized until 30 days after the
date that the vehicle was seized.
(3) The rental car agency may require the person to whom the
vehicle was rented to pay all towing and storage charges related to
the impoundment and any administrative charges authorized under
Section 22850.5 that were incurred by the rental car agency in
connection with obtaining custody of the vehicle.
(i) Notwithstanding any other provision of this section, the
registered owner and not the legal owner shall remain responsible for
any towing and storage charges related to the impoundment, any
administrative charges authorized under Section 22850.5, and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(j) The law enforcement agency and the impounding agency,
including any storage facility acting on behalf of the law
enforcement agency or impounding agency, shall comply with this
section and shall not be liable to the registered owner for the
improper release of the vehicle to the legal owner or the legal owner'
s agent provided the release complies with the provisions of this
section. The legal owner shall indemnify and hold harmless a storage
facility from any claims arising out of the release of the vehicle to
the legal owner or the legal owner's agent and from any damage to
the vehicle after its release, including the reasonable costs
associated with defending any such claims. A law enforcement agency
shall not refuse to issue a release to a legal owner or the agent of
a legal owner on the grounds that it previously issued a release.
14602.7. (a) A magistrate presented with the affidavit of a peace
officer establishing reasonable cause to believe that a vehicle,
described by vehicle type and license number, was an instrumentality
used in the peace officer's presence in violation of Section 2800.1,
2800.2, 2800.3, or 23103, shall issue a warrant or order authorizing
any peace officer to immediately seize and cause the removal of the
vehicle. The warrant or court order may be entered into a
computerized database. A vehicle so impounded may be impounded for a
period not to exceed 30 days.
The impounding agency, within two working days of impoundment,
shall send a notice by certified mail, return receipt requested, to
the legal owner of the vehicle, at the address obtained from the
department, informing the owner that the vehicle has been impounded
and providing the owner with a copy of the warrant or court order.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days
impoundment when a legal owner redeems the impounded vehicle. The law
enforcement agency shall be open to issue a release to the
registered owner or legal owner, or the agent of either, whenever the
agency is open to serve the public for regular, nonemergency
business.
(b) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period and without the permission of the magistrate
authorizing the vehicle's seizure under any of the following
circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of the business establishment, including a
parking service or repair garage.
(C) When the registered owner of the vehicle causes a peace
officer to reasonably believe, based on the totality of the
circumstances, that the registered owner was not the driver who
violated Section 2800.1, 2800.2, or 2800.3, the agency shall
immediately release the vehicle to the registered owner or his or her
agent.
(2) No vehicle shall be released pursuant to this subdivision,
except upon presentation of the registered owner's or agent's
currently valid driver's license to operate the vehicle and proof of
current vehicle registration, or upon order of the court.
(c) (1) Whenever a vehicle is impounded under this section, the
magistrate ordering 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.
(2) A notice of the storage shall be mailed or personally
delivered to the registered and legal owners within 48 hours after
issuance of the warrant or court order, excluding weekends and
holidays, by the person or agency executing the warrant or court
order, and shall include all of the following information:
(A) The name, address, and telephone number of the agency
providing the notice.
(B) The location of the place of storage and a description of the
vehicle, which shall include, if available, the name or make, the
manufacturer, the license plate number, and the mileage of the
vehicle.
(C) A copy of the warrant or court order and the peace officer's
affidavit, as described in subdivision (a).
(D) A statement that, in order to receive their poststorage
hearing, the owners, or their agents, are required to request the
hearing from the magistrate issuing the warrant or court order in
person, in writing, or by telephone, within 10 days of the date of
the notice.
(3) The poststorage hearing shall be conducted within two court
days after receipt of the request for the hearing.
(4) At the hearing, the magistrate may order the vehicle released
if he or she finds any of the circumstances described in subdivision
(b) or (e) that allow release of a vehicle by the impounding agency.
The magistrate may also consider releasing the vehicle when the
continued impoundment will cause undue hardship to persons dependent
upon the vehicle for employment or to a person with a community
property interest in the vehicle.
(5) Failure of either the registered or legal owner, or his or her
agent, to request, or to attend, a scheduled hearing satisfies the
poststorage hearing requirement.
(6) The agency employing the peace officer who caused the
magistrate to issue the warrant or court order 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.
(d) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
(e) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of the impoundment period and without the
permission of the magistrate authorizing the seizure of the vehicle
if all of the following conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state or is another person, not the
registered owner, holding a financial interest in the vehicle.
(2) (A) The legal owner or the legal owner's agent pays all towing
and storage fees related to the seizure of the vehicle. No lien sale
processing fees shall be charged to the legal owner who redeems the
vehicle prior to the 15th day of impoundment. Neither the impounding
authority nor any person having possession of the vehicle shall
collect from the legal owner of the type specified in paragraph (1),
or the legal owner's agent any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
(B) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
(C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) shall be
civilly liable to the owner of the vehicle or to the person who
tendered the fees for four times the amount of the towing, storage
and related fees, but not to exceed five hundred dollars ($500).
(D) A person operating or in charge of a storage facility
described in subparagraph (B) shall have sufficient funds on the
premises of the primary storage facility during normal business hours
to accommodate, and make change in, a reasonable monetary
transaction.
(E) Credit charges for towing and storage services shall comply
with Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when making
agreements with towing companies on rates.
(3) The legal owner or the legal owner's agent presents, to the
law enforcement agency, impounding agency, person in possession of
the vehicle, or any person acting on behalf of those agencies, a copy
of the assignment, as defined in subdivision (b) of Section 7500.1
of the Business and Professions Code; a release from the one
responsible governmental agency, only if required by the agency; a
government-issued photographic identification card; and any one of
the following, as determined by the legal owner or the legal owner's
agent: a certificate of repossession for the vehicle, a security
agreement for the vehicle, or title, whether paper or electronic,
showing proof of legal ownership for the vehicle. Any documents
presented may be originals, photocopies, or facsimile copies, or may
be transmitted electronically. The law enforcement agency, impounding
agency, or any other governmental agency, or any person acting on
behalf of those agencies, shall not require any documents to be
notarized. The law enforcement agency, impounding agency, or any
person acting on behalf of those agencies, may require the agent of
the legal owner to produce a photocopy or facsimile copy of its
repossession agency license or registration issued pursuant to
Chapter 11 (commencing with Section 7500) of Division 3 of the
Business and Professions Code, or to demonstrate, to the satisfaction
of the law enforcement agency, impounding agency, or any person
acting on behalf of those agencies that the agent is exempt from
licensure pursuant to Section 7500.2 or 7500.3 of the Business and
Professions Code.
No administrative costs authorized under subdivision (a) of
Section 22850.5 shall be charged to the legal owner of the type
specified in paragraph (1), 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 law enforcement agency, impounding agency, or other
governmental agency, or any person acting on behalf of those
agencies, shall not require any documents other than those specified
in this paragraph. The law enforcement agency, impounding agency, or
other governmental agency, or any person acting on behalf of those
agencies, shall not require any documents to be notarized. The legal
owner or the legal owner's agent shall be given a copy of any
documents he or she is required to sign, except for a vehicle
evidentiary hold logbook. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, or any
person in possession of the vehicle, may photocopy and retain the
copies of any documents presented by the legal owner or legal owner's
agent.
(4) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the
vehicle, provided all conditions required of the legal owner or legal
owner's agent under this subdivision are satisfied.
(f) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (e) shall not release
the vehicle to the registered owner or the person who was listed as
the registered owner when the vehicle was impounded of the vehicle or
any agents of the registered owner, unless a registered owner is a
rental car agency, until the termination of the impoundment period.
(2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner or the person who was
listed as the registered owner when the vehicle was impounded until
the registered owner or that owner's agent presents his or her valid
driver's license or valid temporary driver's license to the legal
owner or the legal owner's agent. The legal owner or the legal owner'
s agent shall make every reasonable effort to ensure that the license
presented is valid and possession of the vehicle will not be given
to the driver who was involved in the original impoundment proceeding
until the expiration of the impoundment period.
(3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and the administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining the custody of the vehicle.
(4) Any legal owner who knowingly releases or causes the release
of a vehicle to a registered owner or the person in possession of the
vehicle at the time of the impoundment or any agent of the
registered owner in violation of this subdivision shall be guilty of
a misdemeanor and subject to a fine in the amount of two thousand
dollars ($2,000) in addition to any other penalties established by
law.
(5) The legal owner, registered owner, or person in possession of
the vehicle shall not change or attempt to change the name of the
legal owner or the registered owner on the records of the department
until the vehicle is released from the impoundment.
(g) (1) A vehicle impounded and seized under subdivision (a) shall
be released to a rental car agency prior to the end of the
impoundment period if the agency is either the legal owner or
registered owner of the vehicle and the agency pays all towing and
storage fees related to the seizure of the vehicle.
(2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental car agency shall not rent another
vehicle to the driver who used the vehicle that was seized to evade a
police officer until 30 days after the date that the vehicle was
seized.
(3) The rental car agency may require the person to whom the
vehicle was rented and who evaded the peace officer to pay all towing
and storage charges related to the impoundment and any
administrative charges authorized under Section 22850.5 that were
incurred by the rental car agency in connection with obtaining
custody of the vehicle.
(h) Notwithstanding any other provision of this section, the
registered owner and not the legal owner shall remain responsible for
any towing and storage charges related to the impoundment and the
administrative charges authorized under Section 22850.5 and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(i) (1) 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.
(2) 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 three hundred dollars ($300) or less.
(j) The law enforcement agency and the impounding agency,
including any storage facility acting on behalf of the law
enforcement agency or impounding agency, shall comply with this
section and shall not be liable to the registered owner for the
improper release of the vehicle to the legal owner or the legal owner'
s agent provided the release complies with the provisions of this
section. The legal owner shall indemnify and hold harmless a storage
facility from any claims arising out of the release of the vehicle to
the legal owner or the legal owner's agent and from any damage to
the vehicle after its release, including the reasonable costs
associated with defending any such claims. A law enforcement agency
shall not refuse to issue a release to a legal owner or the agent of
a legal owner on the grounds that it previously issued a release.
14602.8. (a) (1) If a peace officer determines that a person has
been convicted of a violation of Section 23140, 23152, or 23153, that
the violation occurred within the preceding 10 years, and that one
or more of the following circumstances applies to that person, the
officer may immediately cause the removal and seizure of the vehicle
that the person was driving, under either of the following
circumstances:
(A) The person was driving a vehicle when the person had 0.10
percent or more, by weight, of alcohol in his or her blood.
(B) The person driving the vehicle refused to submit to or
complete a chemical test requested by the peace officer.
(2) A vehicle impounded pursuant to paragraph (1) shall be
impounded for the following period of time:
(A) Five days, if the person has been convicted once of violating
Section 23140, 23152, or 23153, and the violation occurred within the
preceding 10 years.
(B) Fifteen days, if the person has been convicted two or more
times of violating Section 23140, 23152, or 23153, or any combination
thereof, and the violations occurred within the preceding 10 years.
(3) Within two working days after impoundment, the impounding
agency shall send a notice by certified mail, return receipt
requested, to the legal owner of the vehicle, at the address obtained
from the department, informing the owner that the vehicle has been
impounded. Failure to notify the legal owner within two working days
shall prohibit the impounding agency from charging for more than five
days' impoundment when the legal owner redeems the impounded
vehicle. The impounding agency shall maintain a published telephone
number that provides information 24 hours a day regarding the
impoundment of vehicles and the rights of a registered owner to
request a hearing. The law enforcement agency shall be open to issue
a release to the registered owner or legal owner, or the agent of
either, whenever the agency is open to serve the public for regular,
nonemergency business.
(b) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or his or her agent shall be
provided the opportunity for a storage hearing to determine the
validity of, or consider any mitigating circumstances attendant to,
the storage, in accordance with Section 22852.
(c) Any period during which a vehicle is subjected to storage
under this section shall be included as part of the period of
impoundment ordered by the court under Section 23594.
(d) (1) The impounding agency shall release the vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period under any of the following circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, including a parking
service or repair garage.
(C) When the driver of the vehicle is not the sole registered
owner of the vehicle and the vehicle is being released to another
registered owner of the vehicle who agrees not to allow the driver to
use the vehicle until after the end of the impoundment period.
(2) A vehicle shall not be released pursuant to this subdivision
without presentation of the registered owner's or agent's currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or upon order of a court.
(e) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
(f) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of the impoundment period if all of the following
conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state, or is another person who is not the
registered owner and holds a security interest in the vehicle.
(2) (A) The legal owner or the legal owner's agent pays all towing
and storage fees related to the seizure of the vehicle. A lien sale
processing fee shall not be charged to the legal owner who redeems
the vehicle prior to the 10th day of impoundment. The impounding
authority or any person having possession of the vehicle shall not
collect from the legal owner of the type specified in paragraph (1),
or the legal owner's agent any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
(B) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
(C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) shall be
civilly liable to the owner of the vehicle or to the person who
tendered the fees for four times the amount of the towing, storage,
and other related fees, but not to exceed five hundred dollars
($500).
(D) A person operating or in charge of a storage facility
described in subparagraph (B) shall have sufficient funds on the
premises of the primary storage facility during normal business hours
to accommodate, and make change in, a reasonable monetary
transaction.
(E) Credit charges for towing and storage services shall comply
with Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when making
agreements with towing companies on rates.
(3) (A) The legal owner or the legal owner's agent presents to the
law enforcement agency or impounding agency, or any person acting on
behalf of those agencies, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The law enforcement agency, impounding
agency, or any other governmental agency, or any person acting on
behalf of those agencies, shall not require the presentation of any
other documents.
(B) The legal owner or the legal owner's agent presents to the
person in possession of the vehicle, or any person acting on behalf
of the person in possession, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The person in possession of the vehicle,
or any person acting on behalf of the person in possession, shall not
require the presentation of any other documents.
(C) All presented documents may be originals, photocopies, or
facsimile copies, or may be transmitted electronically. The law
enforcement agency, impounding agency, or any person acting on behalf
of them, shall not require a document to be notarized. The law
enforcement agency, impounding agency, or any person in possession of
the vehicle, or anyone acting on behalf of those agencies may
require the agent of the legal owner to produce a photocopy or
facsimile copy of its repossession agency license or registration
issued pursuant to Chapter 11 (commencing with Section 7500) of
Division 3 of the Business and Professions Code, or to demonstrate,
to the satisfaction of the law enforcement agency, impounding agency,
any other governmental agency, or any person in possession of the
vehicle, or anyone acting on behalf of them, that the agent is exempt
from licensure pursuant to Section 7500.2 or 7500.3 of the Business
and Professions Code.
(D) Administrative costs authorized under subdivision (a) of
Section 22850.5 shall not be charged to the legal owner of the type
specified in paragraph (1), who redeems the vehicle unless the legal
owner voluntarily requests a poststorage hearing. A city, county,
city and county, or state agency shall not 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 law enforcement agency, impounding agency,
or any governmental agency, or any person acting on behalf of those
agencies, shall not require any documents other than those specified
in this paragraph. The law enforcement agency, impounding agency,
other governmental agency, or any person acting on behalf of those
agencies, shall not require any documents to be notarized. The legal
owner or the legal owner's agent shall be given a copy of any
documents he or she is required to sign, except for a vehicle
evidentiary hold logbook. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, or any
person in possession of the vehicle, may photocopy and retain the
copies of any documents presented by the legal owner or legal owner's
agent.
(4) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the
vehicle, provided all conditions required of the legal owner or legal
owner's agent under this subdivision are satisfied.
(g) (1) A legal owner or the legal owner's agent who obtains
release of the vehicle pursuant to subdivision (f) may not release
the vehicle to the registered owner of the vehicle or the person who
was listed as the registered owner when the vehicle was impounded or
any agents of the registered owner, unless the registered owner is a
rental car agency, until after the termination of the impoundment
period.
(2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner or the person who was
listed as the registered owner when the vehicle was impounded until
the registered owner or that owner's agent presents his or her valid
driver's license or valid temporary driver's license to the legal
owner or the legal owner's agent. The legal owner or the legal owner'
s agent or the person in possession of the vehicle shall make every
reasonable effort to ensure that the license presented is valid and
possession of the vehicle will not be given to the driver who was
involved in the original impoundment proceeding until the expiration
of the impoundment period.
(3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and any administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining custody of the vehicle.
(h) (1) A vehicle removed and seized under subdivision (a) shall
be released to a rental car agency prior to the end of the
impoundment period if the agency is either the legal owner or
registered owner of the vehicle and the agency pays all towing and
storage fees related to the seizure of the vehicle.
(2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental car agency shall not rent another
vehicle to the driver of the vehicle that was seized until the
impoundment period has expired.
(3) The rental car agency may require the person to whom the
vehicle was rented to pay all towing and storage charges related to
the impoundment and any administrative charges authorized under
Section 22850.5 that were incurred by the rental car a
14600. (a) Whenever any person after applying for or receiving a
driver's license moves to a new residence, or acquires a new mailing
address different from the address shown in the application or in the
license as issued, he or she shall within 10 days thereafter notify
the department of both the old and new address. The department may
issue a document to accompany the driver's license reflecting the new
address of the holder of the license.
(b) When, pursuant to subdivision (b) of Section 12951, a driver
presents his or her driver's license to a peace officer, he or she
shall, if applicable, also present the document issued pursuant to
subdivision (a) if the driver's license does not reflect the driver's
current residence or mailing address.
14601. (a) No person shall drive a motor vehicle at any time when
that person's driving privilege is suspended or revoked for reckless
driving in violation of Section 23103, 23104, or 23105, any reason
listed in subdivision (a) or (c) of Section 12806 authorizing the
department to refuse to issue a license, negligent or incompetent
operation of a motor vehicle as prescribed in subdivision (e) of
Section 12809, or negligent operation as prescribed in Section
12810.5, if the person so driving has knowledge of the suspension or
revocation. Knowledge shall be conclusively presumed if mailed notice
has been given by the department to the person pursuant to Section
13106. The presumption established by this subdivision is a
presumption affecting the burden of proof.
(b) A person convicted under this section shall be punished as
follows:
(1) Upon a first conviction, by imprisonment in a county jail for
not less than five days or more than six months and by a fine of not
less than three hundred dollars ($300) or more than one thousand
dollars ($1,000).
(2) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601.1, 14601.2, or 14601.5, by imprisonment in a county
jail for not less than 10 days or more than one year and by a fine of
not less than five hundred dollars ($500) or more than two thousand
dollars ($2,000).
(c) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601.1, 14601.2, or 14601.5, and is granted probation, the
court shall impose as a condition of probation that the person be
confined in a county jail for at least 10 days.
(d) Nothing in this section prohibits a person from driving a
motor vehicle, that is owned or utilized by the person's employer,
during the course of employment on private property that is owned or
utilized by the employer, except an offstreet parking facility as
defined in subdivision (c) of Section 12500.
(e) When the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of this section in satisfaction
of, or as a substitute for, an original charge of a violation of
Section 14601.2, and the court accepts that plea, except, in the
interest of justice, when the court finds it would be inappropriate,
the court shall, pursuant to Section 23575, require the person
convicted, in addition to any other requirements, to install a
certified ignition interlock device on any vehicle that the person
owns or operates for a period not to exceed three years.
(f) This section also applies to the operation of an off-highway
motor vehicle on those lands to which the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
14601.1. (a) No person shall drive a motor vehicle when his or her
driving privilege is suspended or revoked for any reason other than
those listed in Section 14601, 14601.2, or 14601.5, if the person so
driving has knowledge of the suspension or revocation. Knowledge
shall be conclusively presumed if mailed notice has been given by the
department to the person pursuant to Section 13106. The presumption
established by this subdivision is a presumption affecting the burden
of proof.
(b) Any person convicted under this section shall be punished as
follows:
(1) Upon a first conviction, by imprisonment in the county jail
for not more than six months or by a fine of not less than three
hundred dollars ($300) or more than one thousand dollars ($1,000), or
by both that fine and imprisonment.
(2) If the offense occurred within five years of a prior offense
which resulted in a conviction of a violation of this section or
Section 14601, 14601.2, or 14601.5, by imprisonment in the county
jail for not less than five days or more than one year and by a fine
of not less than five hundred dollars ($500) or more than two
thousand dollars ($2,000).
(c) Nothing in this section prohibits a person from driving a
motor vehicle, which is owned or utilized by the person's employer,
during the course of employment on private property which is owned or
utilized by the employer, except an offstreet parking facility as
defined in subdivision (d) of Section 12500.
(d) When the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of this section in satisfaction
of, or as a substitute for, an original charge of a violation of
Section 14601.2, and the court accepts that plea, except, in the
interest of justice, when the court finds it would be inappropriate,
the court shall, pursuant to Section 23575, require the person
convicted, in addition to any other requirements, to install a
certified ignition interlock device on any vehicle that the person
owns or operates for a period not to exceed three years.
(e) This section also applies to the operation of an off-highway
motor vehicle on those lands to which the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
14601.2. (a) A person shall not drive a motor vehicle at any time
when that person's driving privilege is suspended or revoked for a
conviction of a violation of Section 23152 or 23153 if the person so
driving has knowledge of the suspension or revocation.
(b) Except in full compliance with the restriction, a person shall
not drive a motor vehicle at any time when that person's driving
privilege is restricted if the person so driving has knowledge of the
restriction.
(c) Knowledge of the suspension or revocation of the driving
privilege shall be conclusively presumed if mailed notice has been
given by the department to the person pursuant to Section 13106.
Knowledge of the restriction of the driving privilege shall be
presumed if notice has been given by the court to the person. The
presumption established by this subdivision is a presumption
affecting the burden of proof.
(d) A person convicted of a violation of this section shall be
punished as follows:
(1) Upon a first conviction, by imprisonment in the county jail
for not less than 10 days or more than six months and by a fine of
not less than three hundred dollars ($300) or more than one thousand
dollars ($1,000), unless the person has been designated a habitual
traffic offender under subdivision (b) of Section 23546, subdivision
(b) of Section 23550, or subdivision (d) of Section 23550.5, in which
case the person, in addition, shall be sentenced as provided in
paragraph (3) of subdivision (e) of Section 14601.3.
(2) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601, 14601.1, or 14601.5, by imprisonment in the county
jail for not less than 30 days or more than one year and by a fine of
not less than five hundred dollars ($500) or more than two thousand
dollars ($2,000), unless the person has been designated a habitual
traffic offender under subdivision (b) of Section 23546, subdivision
(b) of Section 23550, or subdivision (d) of Section 23550.5, in which
case the person, in addition, shall be sentenced as provided in
paragraph (3) of subdivision (e) of Section 14601.3.
(e) If a person is convicted of a first offense under this section
and is granted probation, the court shall impose as a condition of
probation that the person be confined in the county jail for at least
10 days.
(f) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601, 14601.1, or 14601.5 and is granted probation, the
court shall impose as a condition of probation that the person be
confined in the county jail for at least 30 days.
(g) If a person is convicted of a second or subsequent offense
that results in a conviction of this section within seven years, but
over five years, of a prior offense that resulted in a conviction of
a violation of this section or Section 14601, 14601.1, or 14601.5 and
is granted probation, the court shall impose as a condition of
probation that the person be confined in the county jail for at least
10 days.
(h) Pursuant to Section 23575, the court shall require a person
convicted of a violation of this section to install a certified
ignition interlock device on a vehicle the person owns or operates.
Upon receipt of the abstract of a conviction under this section, the
department shall not reinstate the privilege to operate a motor
vehicle until the department receives proof of either the
"Verification of Installation" form as described in paragraph (2) of
subdivision (g) of Section 13386 or the Judicial Council Form I.D.
100.
(i) This section does not prohibit a person who is participating
in, or has completed, an alcohol or drug rehabilitation program from
driving a motor vehicle that is owned or utilized by the person's
employer, during the course of employment on private property that is
owned or utilized by the employer, except an offstreet parking
facility as defined in subdivision (c) of Section 12500.
(j) This section also applies to the operation of an off-highway
motor vehicle on those lands that the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
(k) If Section 23573 is applicable, then subdivision (h) is not
applicable.
14601.3. (a) It is unlawful for a person whose driving privilege
has been suspended or revoked to accumulate a driving record history
which results from driving during the period of suspension or
revocation. A person who violates this subdivision is designated an
habitual traffic offender.
For purposes of this section, a driving record history means any
of the following, if the driving occurred during any period of
suspension or revocation:
(1) Two or more convictions within a 12-month period of an offense
given a violation point count of two pursuant to Section 12810.
(2) Three or more convictions within a 12-month period of an
offense given a violation point count of one pursuant to Section
12810.
(3) Three or more accidents within a 12-month period that are
subject to the reporting requirements of Section 16000.
(4) Any combination of convictions or accidents, as specified in
paragraphs (1) to (3), inclusive, which results during any 12-month
period in a violation point count of three or more pursuant to
Section 12810.
(b) Knowledge of suspension or revocation of the driving privilege
shall be conclusively presumed if mailed notice has been given by
the department to the person pursuant to Section 13106. The
presumption established by this subdivision is a presumption
affecting the burden of proof.
(c) The department, within 30 days of receipt of a duly certified
abstract of the record of any court or accident report which results
in a person being designated an habitual traffic offender, may
execute and transmit by mail a notice of that designation to the
office of the district attorney having jurisdiction over the location
of the person's last known address as contained in the department's
records.
(d) (1) The district attorney, within 30 days of receiving the
notice required in subdivision (c), shall inform the department of
whether or not the person will be prosecuted for being an habitual
traffic offender.
(2) Notwithstanding any other provision of this section, any
habitual traffic offender designated under subdivision (b) of Section
23546, subdivision (b) of Section 23550, or subdivision (b) of
Section 23550.5, who is convicted of violating Section 14601.2 shall
be sentenced as provided in paragraph (3) of subdivision (e).
(e) Any person convicted under this section of being an habitual
traffic offender shall be punished as follows:
(1) Upon a first conviction, by imprisonment in the county jail
for 30 days and by a fine of one thousand dollars ($1,000).
(2) Upon a second or any subsequent offense within seven years of
a prior conviction under this section, by imprisonment in the county
jail for 180 days and by a fine of two thousand dollars ($2,000).
(3) Any habitual traffic offender designated under Section 193.7
of the Penal Code or under subdivision (b) of Section 23546,
subdivision (b) of Section 23550, subdivision (b) of Section 23550.5,
or subdivision (d) of Section 23566 who is convicted of a violation
of Section 14601.2 shall be punished by imprisonment in the county
jail for 180 days and by a fine of two thousand dollars ($2,000). The
penalty in this paragraph shall be consecutive to that imposed for
the violation of any other law.
(f) This section also applies to the operation of an off-highway
motor vehicle on those lands to which the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
14601.4. (a) It is unlawful for a person, while driving a vehicle
with a license suspended or revoked pursuant to Section 14601.2 to do
an act forbidden by law or neglect a duty imposed by law in the
driving of the vehicle, which act or neglect proximately causes
bodily injury to a person other than the driver. In proving the
person neglected a duty imposed by law in the driving of the vehicle,
it is not necessary to prove that a specific section of this code
was violated.
(b) A person convicted under this section shall be imprisoned in
the county jail and shall not be released upon work release,
community service, or other release program before the minimum period
of imprisonment, prescribed in Section 14601.2, is served. If a
person is convicted of that offense and is granted probation, the
court shall require that the person convicted serve at least the
minimum time of imprisonment, as specified in those sections, as a
term or condition of probation.
(c) When the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of this section in satisfaction
of, or as a substitute for, an original charge of a violation of
Section 14601.2, and the court accepts that plea, except, in the
interest of justice, when the court finds it should be inappropriate,
the court shall, pursuant to Section 23575, require the person
convicted, in addition to other requirements, to install a certified
ignition interlock device on a vehicle that the person owns or
operates for a period not to exceed three years.
(d) This section also applies to the operation of an off-highway
motor vehicle on those lands that the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
(e) Upon receipt of the abstract of a conviction under this
section, the department shall not reinstate the privilege to operate
a motor vehicle until the department receives proof of either the
"Verification of Installation" form as described in paragraph (2) of
subdivision (g) of Section 13386 or the Judicial Council Form I.D.
100.
(f) If Section 23573 is applicable, then subdivisions (c) and (e)
are not applicable.
14601.5. (a) A person shall not drive a motor vehicle at any time
when that person's driving privilege is suspended or revoked pursuant
to Section 13353, 13353.1, or 13353.2 and that person has knowledge
of the suspension or revocation.
(b) Except in full compliance with the restriction, a person shall
not drive a motor vehicle at any time when that person's driving
privilege is restricted pursuant to Section 13353.7 or 13353.8 and
that person has knowledge of the restriction.
(c) Knowledge of suspension, revocation, or restriction of the
driving privilege shall be conclusively presumed if notice has been
given by the department to the person pursuant to Section 13106. The
presumption established by this subdivision is a presumption
affecting the burden of proof.
(d) A person convicted of a violation of this section is
punishable, as follows:
(1) Upon a first conviction, by imprisonment in the county jail
for not more than six months or by a fine of not less than three
hundred dollars ($300) or more than one thousand dollars ($1,000), or
by both that fine and imprisonment.
(2) If the offense occurred within five years of a prior offense
that resulted in a conviction for a violation of this section or
Section 14601, 14601.1, 14601.2, or 14601.3, by imprisonment in the
county jail for not less than 10 days or more than one year, and by a
fine of not less than five hundred dollars ($500) or more than two
thousand dollars ($2,000).
(e) In imposing the minimum fine required by subdivision (d), the
court shall take into consideration the defendant's ability to pay
the fine and may, in the interest of justice, and for reasons stated
in the record, reduce the amount of that minimum fine to less than
the amount otherwise imposed.
(f) This section does not prohibit a person who is participating
in, or has completed, an alcohol or drug rehabilitation program from
driving a motor vehicle, that is owned or utilized by the person's
employer, during the course of employment on private property that is
owned or utilized by the employer, except an offstreet parking
facility as defined in subdivision (c) of Section 12500.
(g) When the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of this section in satisfaction
of, or as a substitute for, an original charge of a violation of
Section 14601.2, and the court accepts that plea, except, in the
interest of justice, when the court finds it would be inappropriate,
the court shall, pursuant to Section 23575, require the person
convicted, in addition to other requirements, to install a certified
ignition interlock device on a vehicle that the person owns or
operates for a period not to exceed three years.
(h) This section also applies to the operation of an off-highway
motor vehicle on those lands that the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
(i) Upon receipt of the abstract of a conviction under this
section, the department shall not reinstate the privilege to operate
a motor vehicle until the department receives proof of either the
"Verification of Installation" form as described in paragraph (2) of
subdivision (g) of Section 13386 or the Judicial Council Form I.D.
100.
(j) If Section 23573 is applicable, then subdivisions (g) and (i)
are not applicable.
14601.8. The judge may, in his or her discretion, allow any person
convicted of a violation of Section 14601 or 14601.1 to serve his or
her sentence on a sufficient number of consecutive weekend days to
complete the sentence.
14602.1. (a) Every state and local law enforcement agency,
including, but not limited to, city police departments and county
sheriffs' offices, shall report to the Department of the California
Highway Patrol, on a paper or electronic form developed and approved
by the Department of the California Highway Patrol, all motor vehicle
pursuit data.
(b) Effective January 1, 2006, the form shall require the
reporting of all motor vehicle pursuit data, which shall include, but
not be limited to, all of the following:
(1) Whether any person involved in a pursuit or a subsequent
arrest was injured, specifying the nature of that injury. For all
purposes of this section, the form shall differentiate between the
suspect driver, a suspect passenger, and the peace officers involved.
(2) The violations that caused the pursuit to be initiated.
(3) The identity of the peace officers involved in the pursuit.
(4) The means or methods used to stop the suspect being pursued.
(5) All charges filed with the court by the district attorney.
(6) The conditions of the pursuit, including, but not limited to,
all of the following:
(A) Duration.
(B) Mileage.
(C) Number of peace officers involved.
(D) Maximum number of law enforcement vehicles involved.
(E) Time of day.
(F) Weather conditions.
(G) Maximum speeds.
(7) Whether a pursuit resulted in a collision, and a resulting
injury or fatality to an uninvolved third party, and the
corresponding number of persons involved.
(8) Whether the pursuit involved multiple law enforcement
agencies.
(9) How the pursuit was terminated.
(c) In order to minimize costs, the department, upon updating the
form, shall update the corresponding database to include all of the
reporting requirements specified in subdivision (b).
(d) All motor vehicle pursuit data obtained pursuant to
subdivision (b) shall be submitted to the Department of the
California Highway Patrol no later than 30 days following a motor
vehicle pursuit.
(e) The Department of the California Highway Patrol shall submit
annually to the Legislature a report that includes, but is not
limited to, the following information:
(1) The number of motor vehicle pursuits reported to the
Department of the California Highway Patrol during that year.
(2) The number of those motor vehicle pursuits that reportedly
resulted in a collision in which an injury or fatality to an
uninvolved third party occurred.
(3) The total number of uninvolved third parties who were injured
or killed as a result of those collisions during that year.
14602.5. (a) Whenever a person is convicted for driving any class
M1 or M2 motor vehicle, while his or her driving privilege has been
suspended or revoked, of which vehicle he or she is the owner, or of
which the owner permitted the operation, knowing the person's driving
privilege was suspended or revoked, the court may, at the time
sentence is imposed on the person, order the motor vehicle impounded
in any manner as the court may determine, for a period not to exceed
six months for a first conviction, and not to exceed 12 months for a
second or subsequent conviction. For the purposes of this section, a
"second or subsequent conviction" includes a conviction for any
offense described in this section. The cost of keeping the vehicle
shall be a lien on the vehicle, pursuant to Chapter 6.5 (commencing
with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil
Code.
(b) Notwithstanding subdivision (a), any motor vehicle impounded
pursuant to this section which is subject to a chattel mortgage,
conditional sale contract, or lease contract shall, upon the filing
of an affidavit by the legal owner that the chattel mortgage,
conditional sale contract, or lease contract is in default, be
released by the court to the legal owner, and shall be delivered to
him or her upon payment of the accrued cost of keeping the motor
vehicle.
14602.6. (a) (1) Whenever a peace officer determines that a person
was driving a vehicle while his or her driving privilege was
suspended or revoked, driving a vehicle while his or her driving
privilege is restricted pursuant to Section 13352 or 23575 and the
vehicle is not equipped with a functioning, certified interlock
device, or driving a vehicle without ever having been issued a driver'
s license, the peace officer may either immediately arrest that
person and cause the removal and seizure of that vehicle or, if the
vehicle is involved in a traffic collision, cause the removal and
seizure of the vehicle without the necessity of arresting the person
in accordance with Chapter 10 (commencing with Section 22650) of
Division 11. A vehicle so impounded shall be impounded for 30 days.
(2) The impounding agency, within two working days of impoundment,
shall send a notice by certified mail, return receipt requested, to
the legal owner of the vehicle, at the address obtained from the
department, informing the owner that the vehicle has been impounded.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days'
impoundment when the legal owner redeems the impounded vehicle. The
impounding agency shall maintain a published telephone number that
provides information 24 hours a day regarding the impoundment of
vehicles and the rights of a registered owner to request a hearing.
The law enforcement agency shall be open to issue a release to the
registered owner or legal owner, or the agent of either, whenever the
agency is open to serve the public for regular, nonemergency
business.
(b) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or their agents shall be provided
the opportunity for a storage hearing to determine the validity of,
or consider any mitigating circumstances attendant to, the storage,
in accordance with Section 22852.
(c) Any period in which a vehicle is subjected to storage under
this section shall be included as part of the period of impoundment
ordered by the court under subdivision (a) of Section 14602.5.
(d) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of 30 days'
impoundment under any of the following circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, including a parking
service or repair garage.
(C) When the license of the driver was suspended or revoked for an
offense other than those included in Article 2 (commencing with
Section 13200) of Chapter 2 of Division 6 or Article 3 (commencing
with Section 13350) of Chapter 2 of Division 6.
(D) When the vehicle was seized under this section for an offense
that does not authorize the seizure of the vehicle.
(E) When the driver reinstates his or her driver's license or
acquires a driver's license and proper insurance.
(2) No vehicle shall be released pursuant to this subdivision
without presentation of the registered owner's or agent's currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or upon order of a court.
(e) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
(f) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of 30 days' impoundment if all of the following
conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state or is another person, not the
registered owner, holding a security interest in the vehicle.
(2) (A) The legal owner or the legal owner's agent pays all towing
and storage fees related to the seizure of the vehicle. No lien sale
processing fees shall be charged to the legal owner who redeems the
vehicle prior to the 15th day of impoundment. Neither the impounding
authority nor any person having possession of the vehicle shall
collect from the legal owner of the type specified in paragraph (1),
or the legal owner's agent any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
(B) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
(C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) shall be
civilly liable to the owner of the vehicle or to the person who
tendered the fees for four times the amount of the towing, storage,
and related fees, but not to exceed five hundred dollars ($500).
(D) A person operating or in charge of a storage facility
described in subparagraph (B) shall have sufficient funds on the
premises of the primary storage facility during normal business hours
to accommodate, and make change in, a reasonable monetary
transaction.
(E) Credit charges for towing and storage services shall comply
with Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when making
agreements with towing companies on rates.
(3) The legal owner or the legal owner's agent presents a copy of
the assignment, as defined in subdivision (b) of Section 7500.1 of
the Business and Professions Code; a release from the one responsible
governmental agency, only if required by the agency; a
government-issued photographic identification card; and any one of
the following, as determined by the legal owner or the legal owner's
agent: a certificate of repossession for the vehicle, a security
agreement for the vehicle, or title, whether paper or electronic,
showing proof of legal ownership for the vehicle. Any documents
presented may be originals, photocopies, or facsimile copies, or may
be transmitted electronically. The law enforcement agency, impounding
agency, or any other governmental agency, or any person acting on
behalf of those agencies, shall not require any documents to be
notarized. The law enforcement agency, impounding agency, or any
person acting on behalf of those agencies may require the agent of
the legal owner to produce a photocopy or facsimile copy of its
repossession agency license or registration issued pursuant to
Chapter 11 (commencing with Section 7500) of Division 3 of the
Business and Professions Code, or to demonstrate, to the satisfaction
of the law enforcement agency, impounding agency, or any person
acting on behalf of those agencies, that the agent is exempt from
licensure pursuant to Section 7500.2 or 7500.3 of the Business and
Professions Code.
No administrative costs authorized under subdivision (a) of
Section 22850.5 shall be charged to the legal owner of the type
specified in paragraph (1), 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 law enforcement agency, impounding agency, or other
governmental agency, or any person acting on behalf of those
agencies, shall not require any documents other than those specified
in this paragraph. The law enforcement agency, impounding agency, or
other governmental agency, or any person acting on behalf of those
agencies, shall not require any documents to be notarized. The legal
owner or the legal owner's agent shall be given a copy of any
documents he or she is required to sign, except for a vehicle
evidentiary hold logbook. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, or any
person in possession of the vehicle, may photocopy and retain the
copies of any documents presented by the legal owner or legal owner's
agent.
(4) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the
vehicle, provided all conditions required of the legal owner or legal
owner's agent under this subdivision are satisfied.
(g) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (f) shall not release
the vehicle to the registered owner of the vehicle, or the person who
was listed as the registered owner when the vehicle was impounded,
or any agents of the registered owner, unless the registered owner is
a rental car agency, until after the termination of the 30-day
impoundment period.
(2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner or the person who was
listed as the registered owner when the vehicle was impounded until
the registered owner or that owner's agent presents his or her valid
driver's license or valid temporary driver's license to the legal
owner or the legal owner's agent. The legal owner or the legal owner'
s agent or the person in possession of the vehicle shall make every
reasonable effort to ensure that the license presented is valid and
possession of the vehicle will not be given to the driver who was
involved in the original impoundment proceeding until the expiration
of the impoundment period.
(3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and any administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining custody of the vehicle.
(4) Any legal owner who knowingly releases or causes the release
of a vehicle to a registered owner or the person in possession of the
vehicle at the time of the impoundment or any agent of the
registered owner in violation of this subdivision shall be guilty of
a misdemeanor and subject to a fine in the amount of two thousand
dollars ($2,000) in addition to any other penalties established by
law.
(5) The legal owner, registered owner, or person in possession of
the vehicle shall not change or attempt to change the name of the
legal owner or the registered owner on the records of the department
until the vehicle is released from the impoundment.
(h) (1) A vehicle removed and seized under subdivision (a) shall
be released to a rental car agency prior to the end of 30 days'
impoundment if the agency is either the legal owner or registered
owner of the vehicle and the agency pays all towing and storage fees
related to the seizure of the vehicle.
(2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental car agency may not rent another vehicle
to the driver of the vehicle that was seized until 30 days after the
date that the vehicle was seized.
(3) The rental car agency may require the person to whom the
vehicle was rented to pay all towing and storage charges related to
the impoundment and any administrative charges authorized under
Section 22850.5 that were incurred by the rental car agency in
connection with obtaining custody of the vehicle.
(i) Notwithstanding any other provision of this section, the
registered owner and not the legal owner shall remain responsible for
any towing and storage charges related to the impoundment, any
administrative charges authorized under Section 22850.5, and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(j) The law enforcement agency and the impounding agency,
including any storage facility acting on behalf of the law
enforcement agency or impounding agency, shall comply with this
section and shall not be liable to the registered owner for the
improper release of the vehicle to the legal owner or the legal owner'
s agent provided the release complies with the provisions of this
section. The legal owner shall indemnify and hold harmless a storage
facility from any claims arising out of the release of the vehicle to
the legal owner or the legal owner's agent and from any damage to
the vehicle after its release, including the reasonable costs
associated with defending any such claims. A law enforcement agency
shall not refuse to issue a release to a legal owner or the agent of
a legal owner on the grounds that it previously issued a release.
14602.7. (a) A magistrate presented with the affidavit of a peace
officer establishing reasonable cause to believe that a vehicle,
described by vehicle type and license number, was an instrumentality
used in the peace officer's presence in violation of Section 2800.1,
2800.2, 2800.3, or 23103, shall issue a warrant or order authorizing
any peace officer to immediately seize and cause the removal of the
vehicle. The warrant or court order may be entered into a
computerized database. A vehicle so impounded may be impounded for a
period not to exceed 30 days.
The impounding agency, within two working days of impoundment,
shall send a notice by certified mail, return receipt requested, to
the legal owner of the vehicle, at the address obtained from the
department, informing the owner that the vehicle has been impounded
and providing the owner with a copy of the warrant or court order.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days
impoundment when a legal owner redeems the impounded vehicle. The law
enforcement agency shall be open to issue a release to the
registered owner or legal owner, or the agent of either, whenever the
agency is open to serve the public for regular, nonemergency
business.
(b) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period and without the permission of the magistrate
authorizing the vehicle's seizure under any of the following
circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of the business establishment, including a
parking service or repair garage.
(C) When the registered owner of the vehicle causes a peace
officer to reasonably believe, based on the totality of the
circumstances, that the registered owner was not the driver who
violated Section 2800.1, 2800.2, or 2800.3, the agency shall
immediately release the vehicle to the registered owner or his or her
agent.
(2) No vehicle shall be released pursuant to this subdivision,
except upon presentation of the registered owner's or agent's
currently valid driver's license to operate the vehicle and proof of
current vehicle registration, or upon order of the court.
(c) (1) Whenever a vehicle is impounded under this section, the
magistrate ordering 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.
(2) A notice of the storage shall be mailed or personally
delivered to the registered and legal owners within 48 hours after
issuance of the warrant or court order, excluding weekends and
holidays, by the person or agency executing the warrant or court
order, and shall include all of the following information:
(A) The name, address, and telephone number of the agency
providing the notice.
(B) The location of the place of storage and a description of the
vehicle, which shall include, if available, the name or make, the
manufacturer, the license plate number, and the mileage of the
vehicle.
(C) A copy of the warrant or court order and the peace officer's
affidavit, as described in subdivision (a).
(D) A statement that, in order to receive their poststorage
hearing, the owners, or their agents, are required to request the
hearing from the magistrate issuing the warrant or court order in
person, in writing, or by telephone, within 10 days of the date of
the notice.
(3) The poststorage hearing shall be conducted within two court
days after receipt of the request for the hearing.
(4) At the hearing, the magistrate may order the vehicle released
if he or she finds any of the circumstances described in subdivision
(b) or (e) that allow release of a vehicle by the impounding agency.
The magistrate may also consider releasing the vehicle when the
continued impoundment will cause undue hardship to persons dependent
upon the vehicle for employment or to a person with a community
property interest in the vehicle.
(5) Failure of either the registered or legal owner, or his or her
agent, to request, or to attend, a scheduled hearing satisfies the
poststorage hearing requirement.
(6) The agency employing the peace officer who caused the
magistrate to issue the warrant or court order 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.
(d) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
(e) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of the impoundment period and without the
permission of the magistrate authorizing the seizure of the vehicle
if all of the following conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state or is another person, not the
registered owner, holding a financial interest in the vehicle.
(2) (A) The legal owner or the legal owner's agent pays all towing
and storage fees related to the seizure of the vehicle. No lien sale
processing fees shall be charged to the legal owner who redeems the
vehicle prior to the 15th day of impoundment. Neither the impounding
authority nor any person having possession of the vehicle shall
collect from the legal owner of the type specified in paragraph (1),
or the legal owner's agent any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
(B) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
(C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) shall be
civilly liable to the owner of the vehicle or to the person who
tendered the fees for four times the amount of the towing, storage
and related fees, but not to exceed five hundred dollars ($500).
(D) A person operating or in charge of a storage facility
described in subparagraph (B) shall have sufficient funds on the
premises of the primary storage facility during normal business hours
to accommodate, and make change in, a reasonable monetary
transaction.
(E) Credit charges for towing and storage services shall comply
with Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when making
agreements with towing companies on rates.
(3) The legal owner or the legal owner's agent presents, to the
law enforcement agency, impounding agency, person in possession of
the vehicle, or any person acting on behalf of those agencies, a copy
of the assignment, as defined in subdivision (b) of Section 7500.1
of the Business and Professions Code; a release from the one
responsible governmental agency, only if required by the agency; a
government-issued photographic identification card; and any one of
the following, as determined by the legal owner or the legal owner's
agent: a certificate of repossession for the vehicle, a security
agreement for the vehicle, or title, whether paper or electronic,
showing proof of legal ownership for the vehicle. Any documents
presented may be originals, photocopies, or facsimile copies, or may
be transmitted electronically. The law enforcement agency, impounding
agency, or any other governmental agency, or any person acting on
behalf of those agencies, shall not require any documents to be
notarized. The law enforcement agency, impounding agency, or any
person acting on behalf of those agencies, may require the agent of
the legal owner to produce a photocopy or facsimile copy of its
repossession agency license or registration issued pursuant to
Chapter 11 (commencing with Section 7500) of Division 3 of the
Business and Professions Code, or to demonstrate, to the satisfaction
of the law enforcement agency, impounding agency, or any person
acting on behalf of those agencies that the agent is exempt from
licensure pursuant to Section 7500.2 or 7500.3 of the Business and
Professions Code.
No administrative costs authorized under subdivision (a) of
Section 22850.5 shall be charged to the legal owner of the type
specified in paragraph (1), 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 law enforcement agency, impounding agency, or other
governmental agency, or any person acting on behalf of those
agencies, shall not require any documents other than those specified
in this paragraph. The law enforcement agency, impounding agency, or
other governmental agency, or any person acting on behalf of those
agencies, shall not require any documents to be notarized. The legal
owner or the legal owner's agent shall be given a copy of any
documents he or she is required to sign, except for a vehicle
evidentiary hold logbook. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, or any
person in possession of the vehicle, may photocopy and retain the
copies of any documents presented by the legal owner or legal owner's
agent.
(4) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the
vehicle, provided all conditions required of the legal owner or legal
owner's agent under this subdivision are satisfied.
(f) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (e) shall not release
the vehicle to the registered owner or the person who was listed as
the registered owner when the vehicle was impounded of the vehicle or
any agents of the registered owner, unless a registered owner is a
rental car agency, until the termination of the impoundment period.
(2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner or the person who was
listed as the registered owner when the vehicle was impounded until
the registered owner or that owner's agent presents his or her valid
driver's license or valid temporary driver's license to the legal
owner or the legal owner's agent. The legal owner or the legal owner'
s agent shall make every reasonable effort to ensure that the license
presented is valid and possession of the vehicle will not be given
to the driver who was involved in the original impoundment proceeding
until the expiration of the impoundment period.
(3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and the administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining the custody of the vehicle.
(4) Any legal owner who knowingly releases or causes the release
of a vehicle to a registered owner or the person in possession of the
vehicle at the time of the impoundment or any agent of the
registered owner in violation of this subdivision shall be guilty of
a misdemeanor and subject to a fine in the amount of two thousand
dollars ($2,000) in addition to any other penalties established by
law.
(5) The legal owner, registered owner, or person in possession of
the vehicle shall not change or attempt to change the name of the
legal owner or the registered owner on the records of the department
until the vehicle is released from the impoundment.
(g) (1) A vehicle impounded and seized under subdivision (a) shall
be released to a rental car agency prior to the end of the
impoundment period if the agency is either the legal owner or
registered owner of the vehicle and the agency pays all towing and
storage fees related to the seizure of the vehicle.
(2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental car agency shall not rent another
vehicle to the driver who used the vehicle that was seized to evade a
police officer until 30 days after the date that the vehicle was
seized.
(3) The rental car agency may require the person to whom the
vehicle was rented and who evaded the peace officer to pay all towing
and storage charges related to the impoundment and any
administrative charges authorized under Section 22850.5 that were
incurred by the rental car agency in connection with obtaining
custody of the vehicle.
(h) Notwithstanding any other provision of this section, the
registered owner and not the legal owner shall remain responsible for
any towing and storage charges related to the impoundment and the
administrative charges authorized under Section 22850.5 and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(i) (1) 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.
(2) 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 three hundred dollars ($300) or less.
(j) The law enforcement agency and the impounding agency,
including any storage facility acting on behalf of the law
enforcement agency or impounding agency, shall comply with this
section and shall not be liable to the registered owner for the
improper release of the vehicle to the legal owner or the legal owner'
s agent provided the release complies with the provisions of this
section. The legal owner shall indemnify and hold harmless a storage
facility from any claims arising out of the release of the vehicle to
the legal owner or the legal owner's agent and from any damage to
the vehicle after its release, including the reasonable costs
associated with defending any such claims. A law enforcement agency
shall not refuse to issue a release to a legal owner or the agent of
a legal owner on the grounds that it previously issued a release.
14602.8. (a) (1) If a peace officer determines that a person has
been convicted of a violation of Section 23140, 23152, or 23153, that
the violation occurred within the preceding 10 years, and that one
or more of the following circumstances applies to that person, the
officer may immediately cause the removal and seizure of the vehicle
that the person was driving, under either of the following
circumstances:
(A) The person was driving a vehicle when the person had 0.10
percent or more, by weight, of alcohol in his or her blood.
(B) The person driving the vehicle refused to submit to or
complete a chemical test requested by the peace officer.
(2) A vehicle impounded pursuant to paragraph (1) shall be
impounded for the following period of time:
(A) Five days, if the person has been convicted once of violating
Section 23140, 23152, or 23153, and the violation occurred within the
preceding 10 years.
(B) Fifteen days, if the person has been convicted two or more
times of violating Section 23140, 23152, or 23153, or any combination
thereof, and the violations occurred within the preceding 10 years.
(3) Within two working days after impoundment, the impounding
agency shall send a notice by certified mail, return receipt
requested, to the legal owner of the vehicle, at the address obtained
from the department, informing the owner that the vehicle has been
impounded. Failure to notify the legal owner within two working days
shall prohibit the impounding agency from charging for more than five
days' impoundment when the legal owner redeems the impounded
vehicle. The impounding agency shall maintain a published telephone
number that provides information 24 hours a day regarding the
impoundment of vehicles and the rights of a registered owner to
request a hearing. The law enforcement agency shall be open to issue
a release to the registered owner or legal owner, or the agent of
either, whenever the agency is open to serve the public for regular,
nonemergency business.
(b) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or his or her agent shall be
provided the opportunity for a storage hearing to determine the
validity of, or consider any mitigating circumstances attendant to,
the storage, in accordance with Section 22852.
(c) Any period during which a vehicle is subjected to storage
under this section shall be included as part of the period of
impoundment ordered by the court under Section 23594.
(d) (1) The impounding agency shall release the vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period under any of the following circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, including a parking
service or repair garage.
(C) When the driver of the vehicle is not the sole registered
owner of the vehicle and the vehicle is being released to another
registered owner of the vehicle who agrees not to allow the driver to
use the vehicle until after the end of the impoundment period.
(2) A vehicle shall not be released pursuant to this subdivision
without presentation of the registered owner's or agent's currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or upon order of a court.
(e) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
(f) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of the impoundment period if all of the following
conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state, or is another person who is not the
registered owner and holds a security interest in the vehicle.
(2) (A) The legal owner or the legal owner's agent pays all towing
and storage fees related to the seizure of the vehicle. A lien sale
processing fee shall not be charged to the legal owner who redeems
the vehicle prior to the 10th day of impoundment. The impounding
authority or any person having possession of the vehicle shall not
collect from the legal owner of the type specified in paragraph (1),
or the legal owner's agent any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
(B) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
(C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) shall be
civilly liable to the owner of the vehicle or to the person who
tendered the fees for four times the amount of the towing, storage,
and other related fees, but not to exceed five hundred dollars
($500).
(D) A person operating or in charge of a storage facility
described in subparagraph (B) shall have sufficient funds on the
premises of the primary storage facility during normal business hours
to accommodate, and make change in, a reasonable monetary
transaction.
(E) Credit charges for towing and storage services shall comply
with Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when making
agreements with towing companies on rates.
(3) (A) The legal owner or the legal owner's agent presents to the
law enforcement agency or impounding agency, or any person acting on
behalf of those agencies, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The law enforcement agency, impounding
agency, or any other governmental agency, or any person acting on
behalf of those agencies, shall not require the presentation of any
other documents.
(B) The legal owner or the legal owner's agent presents to the
person in possession of the vehicle, or any person acting on behalf
of the person in possession, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The person in possession of the vehicle,
or any person acting on behalf of the person in possession, shall not
require the presentation of any other documents.
(C) All presented documents may be originals, photocopies, or
facsimile copies, or may be transmitted electronically. The law
enforcement agency, impounding agency, or any person acting on behalf
of them, shall not require a document to be notarized. The law
enforcement agency, impounding agency, or any person in possession of
the vehicle, or anyone acting on behalf of those agencies may
require the agent of the legal owner to produce a photocopy or
facsimile copy of its repossession agency license or registration
issued pursuant to Chapter 11 (commencing with Section 7500) of
Division 3 of the Business and Professions Code, or to demonstrate,
to the satisfaction of the law enforcement agency, impounding agency,
any other governmental agency, or any person in possession of the
vehicle, or anyone acting on behalf of them, that the agent is exempt
from licensure pursuant to Section 7500.2 or 7500.3 of the Business
and Professions Code.
(D) Administrative costs authorized under subdivision (a) of
Section 22850.5 shall not be charged to the legal owner of the type
specified in paragraph (1), who redeems the vehicle unless the legal
owner voluntarily requests a poststorage hearing. A city, county,
city and county, or state agency shall not 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 law enforcement agency, impounding agency,
or any governmental agency, or any person acting on behalf of those
agencies, shall not require any documents other than those specified
in this paragraph. The law enforcement agency, impounding agency,
other governmental agency, or any person acting on behalf of those
agencies, shall not require any documents to be notarized. The legal
owner or the legal owner's agent shall be given a copy of any
documents he or she is required to sign, except for a vehicle
evidentiary hold logbook. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, or any
person in possession of the vehicle, may photocopy and retain the
copies of any documents presented by the legal owner or legal owner's
agent.
(4) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the
vehicle, provided all conditions required of the legal owner or legal
owner's agent under this subdivision are satisfied.
(g) (1) A legal owner or the legal owner's agent who obtains
release of the vehicle pursuant to subdivision (f) may not release
the vehicle to the registered owner of the vehicle or the person who
was listed as the registered owner when the vehicle was impounded or
any agents of the registered owner, unless the registered owner is a
rental car agency, until after the termination of the impoundment
period.
(2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner or the person who was
listed as the registered owner when the vehicle was impounded until
the registered owner or that owner's agent presents his or her valid
driver's license or valid temporary driver's license to the legal
owner or the legal owner's agent. The legal owner or the legal owner'
s agent or the person in possession of the vehicle shall make every
reasonable effort to ensure that the license presented is valid and
possession of the vehicle will not be given to the driver who was
involved in the original impoundment proceeding until the expiration
of the impoundment period.
(3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and any administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining custody of the vehicle.
(h) (1) A vehicle removed and seized under subdivision (a) shall
be released to a rental car agency prior to the end of the
impoundment period if the agency is either the legal owner or
registered owner of the vehicle and the agency pays all towing and
storage fees related to the seizure of the vehicle.
(2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental car agency shall not rent another
vehicle to the driver of the vehicle that was seized until the
impoundment period has expired.
(3) The rental car agency may require the person to whom the
vehicle was rented to pay all towing and storage charges related to
the impoundment and any administrative charges authorized under
Section 22850.5 that were incurred by the rental car a
