Policy Text
Roll Call Training Bulletin
Produced by: Sergeant Andy Hall and Officer Chai Vang , Patrol
Prepared by: Officer Obed Magn y, Professional Standards Unit Sam Somers Jr., Chief of Police
Volume 47
September 28 , 2016
Vehicles removed from private property pursuant to California Vehicle Code §22658
BACKGROUND
Officers often respond to calls for service to resolve disputes between vehi cle owners and tow truck drivers
attempting to conduct nonconsensu al tows originating from private property locations . This bulletin addresses
whether a tow company may require the payment of a “drop fee” from the vehicle owner prior to releasing the
vehicle.
STATUT ORY AUTHORITY
The following California Vehicle Code (C VC) sections apply to the definitions of vehicle possession and tow car
drop fees related to private property tows:
CVC Subsection 22658(g) (1)(A) states:
“Possession of any vehicle under this section shall be deemed to arise when a vehicle is removed from private
property and is in transit.”
CVC Subsection 22658(h ) states:
“A towing company may impose a charge of not more than one -half of the regular towing charge for t he towing of a
vehicle at the request of the owner of private property or that owner’s agent, if the owner returns to the vehicle or
the owner’s agent returns to the vehicle before it is removed from the private property. The regular towing charge
may only be imposed after the vehicle has been removed from the property and is in transit.”
Under these two provisions of the Vehicle Code, “possession” of a motor vehicle by a tow truck driver does not arise
until the tow driver has removed the vehic le from the private property AND is in transit on a public street.
WHAT SHOULD OFFICERS DO?
22658 (g)(1)(B) CVC states that a tow company must “immediately and unconditionally” release a vehicle to the
owner if the owner demands it, and the vehicle has not yet been removed from private property. Therefore, a tow
company cannot condition the release of the vehicle upon payment of any type of fee . Advise the tow driver that
their conduct is unlawful, and a misdemeanor violation of 22658(g)(C) CVC. There is nothing however, preventing a
tow company from charging a “drop fee” after the vehicle is released. The applicable statutes fail to provide an
authorized means of assessing the “drop fee” (i.e., invoice, collections, small claims court, etc .). It will be up to the
tow company how it intends to pursue collection of the fee at a later date. Please note th at this situation differs
from the more commonly encountered circumstances of a vehicle that is being repossessed .