Policy Text
TRAINING BULLETIN
Index Number: III-E.3
Alpha Index: Towing Vehicles Pursuant to
Violations of 12500 and 14601 CVC Effective Date
1 Nov 10
Evaluation Coordinator: Traffic Section Commander
Automatic Revision Cycle: 3 Years
“Department Training Bulletins shall be used to advise members of current police techniques and
procedures and shall constitute official policy.”
TOWING VEHICLES PURSUANT TO
VIOLATIONS OF 12500 AND 14601 CVC IONS OF 12500 AND 14601 CVC
INTRODUCTION
Officers shall only tow a vehicle of an unlicensed driver after an opportunity has been granted to allow the unlicensed driver to relinquish the vehicle to a licensed driver already on scene or secure
his or her vehicle on scene after a waiver has been signed. This Training Bulletin reviews steps for properly towing a vehicle whose driver is unlicensed or in
possession of an expired, suspended, or revoked license.
RELEVANT CALIFORNIA VEHI CLE CODE SECTIONS
12500(a) CVC
12500(a) A person may not drive a motor vehicle upon a highway, unless the person then holds a
valid driver's license issued under this code, except those persons who are expressly exempted
under this code. When encountering drivers who never have been issued a license or possess an expired license, the
correct section to issue a citation for is CVC § 12500(a).
Officers shall allow an unlicensed
driver the opportunity to:
1. Relinquish the vehicle to a family member or acquaintance who is on scene that is in
possession of a valid driver’s license OR
2. Leave the vehicle on scene after a liability waiver is signed.
The following are exceptions wher e, if one is met, officers may tow the unlicensed driver’s
vehicle to B&B Auto under the authority of CVC § 14602.6(a) (1) with a 30-day hold :
1. Locations to legally park the vehicle are not readily available.
2. The unlicensed driver refuses to sign a waiver agreeing to leave his or her vehicle on
scene.
In addition to citing the unlicensed driver for CVC § 12500(a), officers shall complete a Field
Contact report on FBR, indicating the initial reason for the stop and the fact that the driver was
issued a citation for CVC § 12500(a).
2
Towing Vehicles Pursuant to Violations of 12500 and 14601 CVC, Index Number III-E.3
The following are exceptions wher e, if one is met, officers may tow the unlicensed driver’s
vehicle to B&B Auto under the authority of CVC § 14602.6(a) (1) with a 30-day hold:
1. Any vehicle owned by a person whose vehicles have been impounded one or more times
in the last six months.
2. Any vehicle driven by a person who has been cited one or more times in the last six
months for driving without ever having been issued a license (12500).
To verify whether a driver has met any these tw o exceptions, officers may conduct a query check
through dispatch and also verify if any Field Contact reports have been submitted through FBR
indicating that the driver has been previously cited and/or his or her vehicle(s) has been
impounded.
Officers may tow a vehicle under a different towing authority with any applicable holds if they
have additional authority to do so.
Officers may consider towing a vehicle of an unli censed driver if, after reviewing their driving
record, the driver presents a hist ory of incautious driving. For example, if an officer stops a
vehicle whose driver has not been issued a licen se, yet received a constructed driver’s license
number (i.e. X1234567) from DMV resulting in a previous DUI arrest, the officer may tow his or
her vehicle based on their driving record indicating incautious behavior.
If an officer makes contact with a driver who pos sess an expired license, the officer may tow the
vehicle for CVC § 22651(p) without
a 30 day hold.
14601(a) CVC
No person shall drive a motor vehicle at any time when that person's driving privilege is
suspended or revoked for reckless driving in violation of Section 23103, 23104, or 23105, any
reason listed in subdivision (a) or (c) of Section 12806 authorizing the department to refuse to issue a license, negligent or incompetent operation of a motor vehicle as prescribed in subdivision
(e) of Section 12809, or negligent operation as prescribed in Section 12810.5, if the person so
driving has knowledge of the suspension or revocation. Knowledge shall be conclusively
presumed if mailed notice has been given by the department to the person pursuant to Section
13106. The presumption established by this subdiv ision is a presumption affecting the burden of
proof.
When encountering drivers who are in possession of a suspended, revoked, or restricted license the
correct section to issue a citation for is CVC § 14601 (a).
COMMUNITY CARETAKING DOCTRINE
A recent 9
th Circuit Court decision, Miranda v. City of Cornelius; Acme Towing Inc., ruled that
impounding a legally parked vehicle was an unreasonable seizure. Officers shall consider the community caretaking doctrine prior to impounding a vehicle of an unlicensed driver. For
example, if the unlicensed driver of the vehicle pulls over in the driveway of their home or
positioned legally on the side of a public roadway, the impoundment of the vehicle pursuant to CVC §