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Q: Towing Restrictions in California ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: Towing Restrictions in California
Category: Miscellaneous
Asked by: kimmbel-ga
List Price: $10.00
Posted: 12 Sep 2005 22:30 PDT
Expires: 12 Oct 2005 22:30 PDT
Question ID: 567434
I live in an apartment complex in Lake Forest, California.  Their are
gates that close between 6pm and 6am that require a clicker or a code
to open.  All cars parked inside the gates without a resident sticker
need to be called in and put on a towing safe list.

I have heard that it is illegal for a towing company to tow your
vehicle without the presence of either a property owner or a property
manager.  Is this true?  Also if it is true what is the fine or
penalty if they do tow your car illegally?

Any other information you could give me in regard to this topic would
be greatly appreciated as I am getting very tired of calling in cars.
Answer  
Subject: Re: Towing Restrictions in California
Answered By: denco-ga on 12 Sep 2005 23:40 PDT
Rated:5 out of 5 stars
 
Howdy kimmbel-ga,

A reminder of the "Important Disclaimer: Answers and comments provided on
Google Answers are general information, and are not intended to substitute
for informed professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice."

California Department of Motor Vehicles Vehicle Code 22658, which is titled
"Removal From Private Propertym," is what you want to read in detail.  Here
are some excerpts, but again, read it all for the finer points.

The document is posted on the California Department of Motor Vehicles site.
http://www.dmv.ca.gov/pubs/vctop/d11/vc22658.htm

(a) Except as provided in Section 22658.2, the owner or person in lawful
possession of any private property, within one hour of notifying, by
telephone or, if impractical, by the most expeditious means available, the
local traffic law enforcement agency, may cause the removal of a vehicle
parked on the property to the nearest public garage under any of the
following circumstances:

(1) There is displayed, in plain view at all entrances to the property, a
sign not less than 17 by 22 inches in size, with lettering not less than
one inch in height, prohibiting public parking and indicating that vehicles
will be removed at the owner's expense, and containing the telephone number
of the local traffic law enforcement agency. The sign may also indicate
that a citation may also be issued for the violation.
...
(b) The person causing removal of the vehicle, if the person knows or is
able to ascertain from the registration records of the Department of Motor
Vehicles the name and address of the registered and legal owner of the
vehicle, shall immediately give, or cause to be given, notice in writing to
the registered and legal owner of the fact of the removal, the grounds for
the removal, and indicate the place to which the vehicle has been removed.
...
(e) Any owner or person in lawful possession of any private property, or
an "association" pursuant to Section 22658.2, causing the removal of a
vehicle parked on that property is liable for double the storage or towing
charges whenever there has been a failure to comply with paragraph (1),
(2), or (3) of subdivision (a) or to state the grounds for the removal of
the vehicle if requested by the legal or registered owner of the vehicle
as required by subdivision (f).

(f) Any owner or person in lawful possession of any private property, or
an "association" pursuant to Section 22658.2, causing the removal of a
vehicle parked on that property shall state the grounds for the removal of
the vehicle if requested by the legal or registered owner of that vehicle.
...
(l) (1) A towing company shall not remove or commence the removal of a
vehicle from private property without first obtaining written authorization
from the property owner or lessee, or an employee or agent thereof, who
shall be present at the time of removal. General authorization to remove or
commence removal of a vehicle at the towing company's discretion shall not
be delegated to a towing company or its affiliates except in the case of a
vehicle unlawfully parked within 15 feet of a fire hydrant or in a fire
lane, or in a manner which interferes with any entrance to, or exit from,
the private property.
...
(3) Any towing company, or any affiliate of a towing company, which removes,
or commences removal of, a vehicle from private property without first
obtaining written authorization from the property owner or lessee, or an
employee or agent thereof, who is present at the time of removal or
commencement of the removal, except as permitted by paragraph (1), is liable
to the owner of the vehicle for four times the amount of the towing and
storage charges, in addition to any applicable criminal penalty, for a
violation of paragraph (1)."

If you need any clarification, please feel free to ask.


Search strategy:

Google search on: California towing law
://www.google.com/search?q=California+towing+law

Looking Forward, denco-ga - Google Answers Researcher
kimmbel-ga rated this answer:5 out of 5 stars

Comments  
Subject: Re: Towing Restrictions in California
From: denco-ga on 15 Sep 2005 15:53 PDT
 
Thanks for the 5 star rating, kimmbel-ga.

Looking Forward, denco-ga - Google Answers Researcher

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