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TYPES OF TOWING DEMOGRAPHICS...

A "Tow Truck" is a motor vehicle which has been altered or designed and equipped for, and primarily used in the business of, transporting vehicles by means of a crane, hoist, tow bar, tow line, or dolly or is otherwise primarily used to render assistance to other vehicles. A "roll-back carrier" designed to carry up to two vehicles is also a tow truck. A trailer for hire that is being used to transport a vehicle is a tow truck. "Tow truck" does not include an automobile dismantlers' tow vehicle or a Repossessor’s tow vehicle.

"Repossessor's Tow Vehicle" means a tow vehicle which is registered to a repossessor licensed or registered to the Business and Professions Code that is used exclusively in the repossession business.

"Automobile Dismantlers' Tow Vehicle" means a tow vehicle which is registered by an automobile dismantler licensed and which is used exclusively to tow vehicles owned by that automobile dismantler in the course of the automobile dismantling business.

REQUIREMENTS AND POLICIES

Tow Truck Driver Certificate

No person employed as a tow truck driver, shall operate a tow truck unless that person has, in his or her immediate possession, a valid driver's license of an appropriate class for the vehicle to be driven, and a tow truck driver certificate issued by the department or a temporary tow truck driver certificate issued by the Department of the Highway Patrol, to permit the operation of the tow truck.

 When notified that the applicant has been cleared through the Department of Justice or the Federal Bureau of Investigation, or both, and if the applicant meets all other applicable provisions of this code, the department shall issue a permanent tow truck driver certificate. The permanent tow truck driver certificate shall be valid for a maximum of five years and shall expire on the same date as that of the applicant's driver's license.

Combination Vehicles

A tow truck in combination with a single disabled vehicle or a single abandoned vehicle that is authorized to travel on the highways by this chapter is exempt when operating under a valid annual transportation permit.

A tow truck, in combination with a disabled or abandoned combination of vehicles that are authorized to travel on the highways by this chapter, is exempt when operating under a valid annual transportation permit and within a 100-mile radius of the location specified in the permit.

A tow truck may exceed the 100-mile radius restriction imposed if a single trip permit is obtained from the Department of Transportation.

Towing Service Unlawful Acts Penalties

No towing service shall provide and no person or public entity shall accept any direct or indirect commission, gift, or any compensation whatever from a towing service in consideration of arranging or requesting the services of a tow truck. As used in this section, "arranging" does not include the activities of employees or principals of a provider of towing services in responding to a request for towing services.

Any towing service or any employee of a towing service that accepts or agrees to accept any money or anything of value from a repair shop and any repair shop or any employee of a repair shop that pays or agrees to pay any money or anything of value as a commission, referral fee, inducement, or in any manner a consideration, for the delivery or the arranging of a delivery of a vehicle, not owned by the repair shop or towing service, for the purpose of storage or repair, is guilty of a misdemeanor. Nothing in this subdivision prevents a towing service from towing a vehicle to a repair shop owned by the same company that owns the towing service.

Definitions:

Circumstances of Vehicle Removal

By law, local law enforcement or traffic officers may remove unattended vehicles that cause traffic obstructions, including vehicles left on bridges, causeways, tunnels or in hazardous locations or parking conditions. Vehicles parked illegally in front of fire hydrants or in designated handicapped spaces without proper permits can also be towed, as may those reported stolen and left on public land and vehicles left behind after a person has been arrested.

Removal from Private Property

According to California Vehicle Code Section 22658, the owner of private property can remove a vehicle parked on her property without permission.

Notification

A sign must be clearly displayed on any property that prohibits public parking. The sign must measure 17 by 22 inches and notify individuals that vehicles may be removed at the owner's expense. This sign must also display the local traffic law enforcement agency's telephone number. The property owner can order the towing of any vehicle that violates the prohibition.

Inoperable Vehicles

Vehicles left on private property without an engine, transmission, wheels, tires, doors, windshield or major components necessary to operate the vehicle may also be towed from private property. The property owner may tow the vehicle 24 hours after informing local law enforcement of her intent to do so.

Restrictions

Vehicle Code Section 22658 prohibits towing companies from charging more than one day's storage for a vehicle that is picked up within 24 hours of being towed. This prevents a towing company from unfairly profiting from the tow at the vehicle owner's expense.