14602.9
. (a) For purposes of this section, "peace officer" means a
person designated as a peace officer pursuant to Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
(b) A peace officer may impound a bus or limousine of a
charter-party carrier for 30 days if the officer determines that any
of the following violations occurred while the driver was operating
the bus or limousine of the charter-party carrier:
(1) The driver was operating the bus or limousine of a
charter-party carrier when the charter-party carrier did not have a
permit or certificate issued by the Public Utilities Commission,
pursuant to Section 5375 of the Public Utilities Code.
(2) The driver was operating the bus or limousine of a
charter-party carrier when the charter-party carrier was operating
with a suspended permit or certificate from the Public Utilities
Commission.
(3) The driver was operating the bus or limousine of a
charter-party carrier without having a current and valid driver's
license of the proper class, a passenger vehicle endorsement, or the
required certificate.
(c) A peace officer may impound a bus or limousine belonging to a
passenger stage corporation for 30 days if the officer determines any
of the following violations occurred while the driver was operating
the bus or limousine:
(1) The driver was operating the bus or limousine when the
passenger stage corporation did not have a certificate of public
convenience and necessity issued by the Public Utilities Commission
as required pursuant to Article 2 (commencing with Section 1031) of
Chapter 5 of Part 1 of Division 1 of the Public Utilities Code.
(2) The driver was operating the bus or limousine when the
operating rights or certificate of public convenience and necessity
of a passenger stage corporation was suspended, canceled, or revoked
pursuant to Section 1033.5, 1033.7, or 1045 of the Public Utilities
Code.
(3) The driver was operating the bus or limousine without having a
current and valid driver's license of the proper class.
(d) 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 15
day's 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.
(e) The registered and legal owner of a vehicle that is removed
and seized under subdivision (b) or (c) 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.
(f) (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, for a charter-party carrier of passengers, 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 and the charter-party carrier has been
issued a valid permit from the Public Utilities Commission, pursuant
to Section 5375 of the Public Utilities Code.
(D) When, for a passenger stage corporation, 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 and the passenger stage corporation
has been issued a valid certificate of public convenience and
necessity by the Public Utilities Commission, pursuant to Article 2
(commencing with Section 1031) of Chapter 5 of Part 1 of Division 1
of the Public Utilities Code.
(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.
(g) 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.
(h) A vehicle removed and seized under subdivision (b) or (c)
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) 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.
(3) (A) The legal owner or the legal owner's agent presents either
lawful foreclosure documents or an affidavit of repossession for the
vehicle, and a security agreement or title showing proof of legal
ownership for the vehicle. All presented documents may be originals,
photocopies, or facsimile copies, or may be transmitted
electronically. The impounding agency shall not require a document to
be notarized. The impounding agency 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 impounding agency, that the agent is exempt from licensure
pursuant to Section 7500.2 or 7500.3 of the Business and Professions
Code.
(B) 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, 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
impounding agency shall not require any documents other than those
specified in this paragraph. The impounding agency shall not require
any documents to be notarized.
(C) As used in this paragraph, "foreclosure documents" means an
"assignment" as that term is defined in subdivision (b) of Section
7500.1 of the Business and Professions Code.
(i) (1) A legal owner or the legal owner's agent who obtains
release of the vehicle pursuant to subdivision (h) may not release
the vehicle to the registered owner of the vehicle 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 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.
(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.
(j) (1) A vehicle removed and seized under subdivision (b) or (c)
shall be released to a rental 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 agency shall not rent another vehicle to
the driver of the vehicle that was seized until the impoundment
period has expired.
(3) The rental 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 agency in connection with
obtaining custody of the vehicle.
(k) 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.
(l) The impounding agency is not 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 this section.
(m) This section does not authorize the impoundment of privately
owned personal vehicles that are not common carriers nor the
impoundment of vehicles used in transportation for compensation by
charter-party carriers that are not required to carry individual
permits.
(n) For the purposes of this section, a "charter-party carrier"
means a charter-party carrier of passengers as defined by Section
5360 of the Public Utilities Code.
(o) For purposes of this section, a "passenger stage corporation"
means a passenger stage corporation as defined by Section 226 of the
Public Utilities Code.