Section 5411.5 Of Article 6. Fines And Penalties From California Public Utilities Code >> Division 2. >> Chapter 8. >> Article 6.
5411.5
. (a) Whenever a peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
arrests a person for operation of a charter-party carrier of
passengers without a valid certificate or permit, the peace officer
may impound and retain possession of the vehicle.
(b) Whenever a peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
arrests a person for operating a charter-party carrier of passengers
as a taxicab in violation of an ordinance or resolution of a city,
county, or city and county, the peace officer may impound and retain
possession of the vehicle.
(c) If the vehicle is seized from a person who is not the owner of
the vehicle, the impounding authority shall immediately give notice
to the owner by first-class mail.
(d) The vehicle shall immediately be returned to the owner if the
infraction or violation is not prosecuted or is dismissed, the owner
is found not guilty of the offense, or it is determined that the
vehicle was used in violation of Section 5411 without the knowledge
and consent of the owner. The vehicle shall be returned to the owner
upon payment of any fine ordered by the court. If the vehicle is
seized due to a violation of a person other than the owner of the
vehicle, the vehicle shall be returned to the owner after all
impoundment fees are paid. After the expiration of six weeks from the
final disposition of the criminal case, unless the owner is in the
process of making payments to the court, the impounding authority may
deal with the vehicle as lost or abandoned property under Section
1411 of the Penal Code.
(e) At any time, a person may make a motion in superior court for
the immediate return of the vehicle on the ground that there was no
probable cause to seize it or that there is some other good cause, as
determined by the court, for the return of the vehicle. A proceeding
under this section is a limited civil case.
(f) No peace officer, however, may impound any vehicle owned or
operated by a nonprofit organization exempt from taxation pursuant to
Section 501(c)(3) of the Internal Revenue Code which serves youth or
senior citizens and provides transportation incidental to its
programs or services or a rented motor vehicle that is being operated
by a hired driver of a charter-party carrier of passengers that is
providing hired driver service.