HB2214 - 451R - House Bill Summary

House of Representatives

HB 2214

suspended driver licenses; vehicle seizure

Sponsors: Representatives Pearce, Robson, et al

X	Committee on Transportation
	Caucus and COW
	As Passed the House

House Bill 2214 allows peace officers to impound and remove a vehicle upon determining that the driving privilege of the person operating the vehicle is suspended, revoked or the person was never issued a driver license or permit.

History

According to the National Highway Traffic Safety Administration (NHTSA), thirty-five states have laws that can affect the vehicle or vehicle plates of repeat offenders. The California legislature approved a bill in 1994 prescribing vehicle impoundment for drivers operating a vehicle on a suspended or revoked driver license. Current statute (28-1384) provides for forfeiture of a person’s vehicle upon conviction for aggravated driving under the influence.

Provisions

· Allows peace officers to impound a vehicle operated by a person whose driving privilege is under suspension or revocation or the person was never issued a driver license or permit.

· Requires that an impounded vehicle be impounded for thirty days.

· Establishes a post-storage hearing process and allows the hearing officer to determine the validity of circumstances, or any mitigating circumstances related to the impoundment.

C Specifies an impoundment period of 30 days, but allows the impounding agency to release the vehicle any time within the 30 day period to the vehicle owner or the owner’s agent if the following conditions are met:

a) The vehicle is a stolen vehicle.

b) The vehicle is subject to bailment and driven by an unlicensed employee of a business establishment, including a parking service or repair garage.

c) The owner presents satisfactory proof to the impound agency that the owner’s driving privilege has been reinstated.

d) If the owner of the vehicle was not the driver at the time of removal and impoundment and the owner enters into an agreement with the impound agency that stipulates that if the owner allows an unlicensed driver to drive the owner’s vehicle within five years after the agreement is signed, the owner will not be eligible to obtain release of the owner’s vehicle before the end of the thirty day impoundment period.

· Prohibits the lienholder from releasing the vehicle to the owner until the owner presents a valid driver license and proof of current registration or on order of the court.

· Allows the lienholder to charge the owner all fees related to the impoundment.

C Requires the impounding agency to release the vehicle before the end of the thirty day period to a person who has a recorded interest in the vehicle provided all of the following conditions are met:

1. The person is a motor vehicle dealer, bank, credit union or acceptance corporation or any other licensed financial institution legally operating in this state or is a person who holds a security interest in the vehicle.

2. The person pays all towing and storage fees related to the impoundment.

3. The person presents foreclosure documents or an affidavit of repossession of the vehicle.

· Prohibits the person who obtained release of the vehicle from releasing the vehicle to the owner of the vehicle or any agent of the owner unless the owner presents a valid driver license and the person who acquired the vehicle may require owner to pay any charges incurred in obtaining custody of the vehicle.

· Requires impounding agencies to establish procedures for releasing impounded vehicles and to impose an administrative charge equal to the administrative costs of impoundment, storage or release of the vehicle.

· Requires the administrative charge not exceed $150 and the fee must be collected at the time vehicle is released.

· Stipulates administrative charges are in addition to any other impoundment or storage charges.

· Prescribes that within two days of impounding a vehicle, the impounding agency must notify by regular mail all persons, other than the owner, who appear on MVD records as having an interest in the vehicle. If the impounding agency fails to send the notice within two working days, the impounding agency may not charge more than fifteen days worth of impoundment fees when the person redeems the impounded vehicle.

· Mandates the impounding agency to notify the vehicle owner by mail or personal delivery "notice of storage" within two working days after impoundment.

· Outlines required information that must be included in the notice of storage.

· Requires the impounding agency to hold a post-storage hearing within two days of receiving a request for a hearing from the owner or their agent.

· Allows the impounding agency to authorize its own officer or employee to conduct the hearing provided it is not the same person who directed impound of the vehicle.

· Declares failure of the owner of the vehicle or agent to request or attend a scheduled hearing satisfies the poststorage hearing requirement.

· Stipulates that the impounding agency is responsible for towing and storage costs if it is determined in the post-storage hearing that reasonable grounds did not exist to order the impoundment.

· Requires the person in possession of the vehicle to submit an abandoned vehicle report pursuant to current statute if the vehicle remains unclaimed after 30 days.

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45th Legislature