Policy Text
Policy
504Fremont Police Department
Vehicle Towing and Release
504.1 PURPOSE AND SCOPE
This policy provides the procedures for towing a vehicle by or at the direction of the Fremont Police
Department. Nothing in this policy shall require the Department to tow a vehicle.
504.1.1 REQUIREMENTS
Vehicles should be towed under police direction only to protect the interests and property of
citizens or when it is necessary to accomplish a police purpose.
A vehicle, or part thereof, whether on a public street, public or private property, shall not be
considered subject to tow except as authorized by the California Vehicle Code or the Fremont
Municipal Code.
504.2 STORAGE AND IMPOUNDS
When circumstances permit, for example when towing a vehicle for parking or registration
violations, the handling employee should, prior to having the vehicle towed, make a good faith
effort to notify the owner of the vehicle that it is subject to removal. This may be accomplished by
personal contact, telephone or by leaving a notice attached to the vehicle at least 24 hours prior
to removal. If a vehicle presents a hazard, such as being abandoned on the roadway, it may be
towed immediately. A written warning notice is sufficient for a good faith effort to notify the owner
of the vehicle subject to removal. Additional efforts by the towing officer are discretionary.
Personnel impounding, or towing and storing vehicles shall notify Communications before clearing
the assignment and going back in service so that the vehicle can be entered into the Stolen Vehicle
System (SVS). In all cases, the File Control Number (FCN) number shall be documented on
the CHP Form 180.
The responsibilities of those employees towing, storing or impounding a vehicle are listed below.
504.2.1 VEHICLE STORAGE REPORT
Department members requesting towing, storage, or impound of a vehicle shall complete CHP
Form 180 and accurately record the mileage and a description of property within the vehicle
(Vehicle Code § 22850). A copy of the storage report should be given to the tow truck operator,
and the original shall be submitted to the Records Unit as soon as practicable after the vehicle
is stored.
504.2.2 REMOVAL FROM TRAFFIC COLLISION SCENES
When a vehicle has been involved in a traffic collision and must be removed from the scene, the
officer shall have the driver select a towing company, if possible, and shall relay the request for
the specified towing company to the dispatcher. When there is no preferred company requested,
a company will be selected from the rotational list of towing companies in Communications Unit.
If the owner is incapacitated, or for any reason it is necessary for the Department to assume
responsibility for a vehicle involved in a collision, the officer shall request the dispatcher to call
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Fremont Police Department
Vehicle Towing and Release
the official towing garage for the City of Fremont. The officer will then store the vehicle using a
CHP Form 180.
504.2.3 STORAGE AT ARREST SCENES
Whenever a person in charge or in control of a vehicle is arrested, it is the policy of this department
to provide reasonable safekeeping by storing the arrestee’s vehicle subject to the exceptions
described below. The vehicle, however, shall be stored whenever it is needed for the furtherance
of the investigation or prosecution of the case, or when the community caretaker doctrine would
reasonably suggest that the vehicle should be stored (e.g., traffic hazard, high-crime area).
The following are examples of situations where consideration should be given to leaving a vehicle
at the scene in lieu of storing, provided the vehicle can be lawfully parked and left in a reasonably
secured and safe condition:
•Traffic-related warrant arrest.
•Situations where the vehicle was not used to further the offense for which the driver
was arrested.
•Whenever the licensed owner of the vehicle is present, willing, and able to take control
of any vehicle not involved in criminal activity.
•Whenever the vehicle otherwise does not need to be stored and the owner requests
that it be left at the scene. In such cases, the owner shall be informed that the
Department will not be responsible for theft or damages.
504.2.4 IMPOUNDMENT AT SOBRIETY CHECKPOINTS
Whenever a driver is stopped at a sobriety checkpoint and the only violation is that the operator
is driving without a valid driver’s license, the officer shall make a reasonable attempt to identify
the registered owner of the vehicle (Vehicle Code § 2814.2). The officer shall release the vehicle
to the registered owner if the person is a licensed driver, or to another licensed driver authorized
by the registered owner, provided the vehicle is claimed prior to the conclusion of the checkpoint
operation.
If the vehicle is released at the checkpoint, the officer shall list on his/her copy of the notice to
appear the name and driver’s license number of the person to whom the vehicle is released.
When a vehicle cannot be released at the checkpoint, it shall be towed (Vehicle Code § 22651(p)).
When a vehicle is removed at the checkpoint, it shall be released during the normal business
hours of the storage facility to the registered owner or his/her agent upon presentation of a valid
driver’s license and current vehicle registration.
504.2.5 DRIVING A NON-CITY VEHICLE
Vehicles which have been towed by or at the direction of the Department should not be driven by
police personnel unless it is necessary to