This comprehensive guide explains California Vehicle Code 22651, outlining why your car might be impounded, how to retrieve it, and—most importantly—how to avoid this costly and inconvenient situation altogether. Understanding CVC 22651 is crucial for all California drivers. It dictates the rules for vehicle impoundment and outlines your rights regarding retrieval and payment. This knowledge could save you significant time, money, and frustration.
CVC 22651 grants California law enforcement broad authority to impound vehicles for offenses ranging from DUI to unpaid parking tickets, impacting both drivers and private property owners. Beyond DUIs and parking violations, CVC 22651 covers a range of impoundment scenarios, including abandoned vehicles and obstructions to traffic flow. Let’s break down the most common reasons for impoundment under this code:
Driving Under the Influence (DUI)
If you’re arrested for a DUI, there is a high probability your vehicle will be impounded. This practice aims to keep impaired drivers off the road and ensure public safety. It is advisable to know everything you can about a topic before you run into trouble, especially one as costly as a 1858 flying eagle cent, so plan ahead and take precautions like having a designated driver or using a ride-sharing service.
Unpaid Parking Tickets
In California, accumulating five or more unpaid parking tickets can lead to impoundment. Those seemingly small fines can quickly escalate into a much larger and more expensive problem.
Illegal Parking
Illegal parking is a common trigger for impoundment under CVC 22651. This includes parking:
On Private Property: Parking without the owner’s consent, such as in a private driveway or reserved parking space, can result in a tow. Private property towing operates under CVC 22658 (https://www.lolaapp.com/), and following the signage is crucial.
In Handicapped Spaces: Parking in a handicapped space without a valid disabled parking placard or license plates is a serious offense and will likely lead to impoundment.
In Bus Zones: Stopping or parking in designated bus zones disrupts public transportation and can result in your vehicle being towed.
Blocking Driveways or Fire Hydrants: Obstructing access for residents or emergency services by blocking a driveway or fire hydrant is a clear violation and can lead to impoundment.
Obstructing Traffic Flow: Double parking or leaving your vehicle in a manner that impedes traffic is another common reason for impoundment.
Abandoned Vehicles: Leaving a vehicle unattended for an extended period, as defined by local ordinances, may suggest abandonment and result in impoundment.
Reclaiming Your Impounded Vehicle
If your car has been impounded, the first step is locating it. This usually involves contacting the local police department or the towing company if the impound was initiated by a private property owner. Once you’ve located your vehicle, the retrieval process generally involves:
Proof of Ownership
You’ll need to present valid vehicle registration and possibly your driver’s license to prove ownership.
Paying Fees
Be prepared to pay all associated fees, including towing charges, storage fees (which can accrue daily), and any administrative costs. Storage facilities impounding vehicles under CVC 22651 must accept cash and valid credit cards, ensuring accessible payment options for vehicle owners. These costs can add up quickly.
Important Note: Storage facilities are required by CVC 22651.1 to accept cash and valid credit cards.
Avoiding Impoundment: Proactive Strategies
The best way to deal with impoundment is to avoid it altogether. Here’s how:
Park Smart: Always park legally and responsibly. Pay attention to signage, be mindful of others, and avoid questionable parking practices. Knowing the local parking regulations can be helpful, like the various routes including the 120 samtrans if you have to commute.
Handle Tickets Promptly: Don’t let those parking tickets pile up. Pay them as soon as possible to prevent reaching the five-ticket threshold that can trigger impoundment.
Know the Local Rules: Parking regulations can vary significantly between cities and counties within California. Familiarize yourself with the specific rules in your area.
Don’t Drink and Drive: This is crucial. Driving under the influence is never worth the risk. It’s dangerous, illegal, and has serious consequences, including vehicle impoundment.
Regional Differences and Financial Implications
Enforcement of CVC 22651 can differ slightly between jurisdictions. Some areas may be stricter than others. Being aware of local ordinances and practices is beneficial. The financial burden of impoundment can be substantial. Towing and storage fees accumulate quickly, so making informed parking decisions is crucial. Sometimes, paying for parking or utilizing alternative transportation is much more economical than risking a hefty impound fee.
What is Section 22658 in the California Vehicle Code?
California Vehicle Code Section 22658 empowers property owners and homeowner associations (HOAs) to remove vehicles parked illegally on their property. There’s a common misconception that this grants carte blanche for towing, however, the law mandates specific procedures designed to balance property rights with vehicle owner protections.
Grounds for Towing Under CVC 22658
CVC 22658 typically applies to situations where a vehicle is:
Parked in Unauthorized Areas: This includes fire lanes, areas blocking access, or spaces clearly marked as reserved.
Obstructing Access: Vehicles hindering access to driveways, entrances, or emergency exits may be towed.
Violating Posted Regulations: Ignoring clearly posted parking rules, such as permit requirements or time limits, can lead to towing.
Required Procedures and Vehicle Owner Rights
Section 22658 dictates that property owners or HOAs must adhere to specific procedures:
Clear Signage: Prominent and easily visible signs must be displayed, warning drivers of potential towing enforcement. This ensures fair warning and gives drivers a chance to comply.
Vehicle Owner Notification: After a vehicle is towed, reasonable effort must be made to notify the owner. This typically involves contacting local law enforcement to document the tow and trace the vehicle’s registered owner.
Secure Storage: Towed vehicles must be stored in compliant facilities that meet specific standards for security, lighting, and accessibility.
Furthermore, vehicle owners retain specific rights under CVC 22658:
Right to Release Before Towing: If a tow truck has connected to your vehicle but hasn’t begun transport, you have the right to stop the tow and reclaim your car immediately, although a drop fee may apply.
Right to a Receipt: Towing companies must provide a detailed receipt outlining all charges, promoting transparency and preventing overcharging.
Right to File a Complaint: If you believe your vehicle was towed unlawfully—for instance, due to inadequate signage or procedural violations—you have the right to file a complaint with the appropriate authorities.
Consequences of Non-Compliance
Property owners or HOAs that fail to comply with CVC 22658’s requirements face potential consequences, including:
Liability for Damages: They may be held responsible for any damage incurred to a vehicle during an unlawful tow.
Legal Action: Vehicle owners can pursue legal action if their rights are violated.
Fines and Penalties: Local authorities may impose fines or other penalties for non-compliance with towing regulations.
Ongoing Research and Evolving Practices
It’s important to acknowledge that parking enforcement practices and towing regulations are subject to ongoing research and potential changes. While stricter enforcement may deter illegal parking, some argue it disproportionately impacts low-income communities. The information provided here is for informational purposes only and does not constitute legal advice. For specific guidance regarding CVC 22651 or 22658, consulting with a legal professional is recommended.
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