(a) (1) A business taking possession of a vehicle from a tow truck during hours the business is open to the public shall document all of the following:
(A) The name, address, and telephone number of the towing company.
(B) The name and driver’s license number, driver’s identification number issued by a motor club, as defined in Section 12142 of the Insurance Code, or other government authorized unique identifier of the tow truck operator.
(C) The make, model, and license plate or vehicle identification number.
(D) The date and time that possession was taken of the vehicle.
(2) For purposes of subparagraph (B) of paragraph (1), if a tow truck operator refuses to provide information described in subparagraph (B) of paragraph (1) to a new motor vehicle dealer, as defined in Section 426, a new motor vehicle dealer is in compliance with this section if the new motor vehicle dealer documents the reasonable efforts made to obtain this information from the tow truck operator.
(b) A business taking possession of a vehicle from a tow truck when the business is closed to the public shall document all of the following:
(1) The make, model, and license plate or vehicle identification number.
(2) The date and time that the business first observed the vehicle on its property.
(3) The reasonable effort made by the business to contact the towing company, if identifying information was left with the vehicle, and the vehicle’s owner or operator to obtain and document both of the following:
(A) The name, address, and telephone number of the towing company.
(B) The name and driver’s license number, driver’s identification number issued by a motor club, as defined in Section 12142 of the Insurance Code, or other government authorized unique identifier of the tow truck operator.
(c) The information required in this section shall be maintained for three years and shall be available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, a sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, the Bureau of Automotive Repair, a district attorney’s office, or a city attorney’s office.
(d) For purposes of this section, a new motor vehicle dealer, as defined in Section 426, is not open to the public during hours its repair shop is closed to the public.
(e) A person who willfully violates this section is guilty of a misdemeanor, and that violation is punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.
(Amended by Stats. 2017, Ch. 561, Sec. 254. (AB 1516) Effective January 1, 2018.)
Last modified: October 25, 2018