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  1. #1
    Join Date
    Sep 2011
    Posts
    1

    Default Tow Liason is Imposing Requirements Beyond Statutory Law

    My question involves towing laws for the State of: California

    I work for a tow company in San Jose , CA. Every 2 years the SJPD gets a new tow liason who handles complaints and approves new private property contracts. This year , this tow liason is demanding every private property owner put up a sign saying 1 hour parking. But all CVC 22658-b requires is the normal " parking restricted 24 hours a day " sign. He has been routinely refunding tow fees if this new sign is not posted. My question is , is this legal ? The California Legislature makes the California Vehicle Code and amends it. Can a tow liason just put new things in on a whim ? Please note , that for the 29 years this tow company has been in business , only the CVC 22658-b sign was required for a legal tow. I've checked the DMV website today , there is nothing saying a 1 hour parking sign must be posted anywhere.

    He has also suspended all tow companies in this city , San Jose , from aquiring new contracts with private property owners . I can't really seem to find much information on the powers of a cities tow liason but this seems , on the face of it , a lot of power for someone in a 2 year , temporary position. Stopping a business from finding new customers ? Who has that authority ?

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Tow Liason is Imposing Requirements Beyond Statutory Law

    Quote Quoting danielduran
    View Post
    This year , this tow liason is demanding every private property owner put up a sign saying 1 hour parking.
    You need to clarify that a bit more.

    Fact of the matter is, and although there is no signage requirement, but the CVC forbids you guys from towing a vehicle from private property -that is open to the public- if it has been less than an hour since the vehicle was parked at the property.


    CVC 22953.
    (a) An owner or person in lawful possession of private property that is held open to the public, or a discernible portion thereof, for parking of vehicles at no fee, or an employee or agent thereof, shall not tow or remove, or cause the towing or removal, of a vehicle within one hour of the vehicle being parked.
    (b) Notwithstanding subdivision (a), a vehicle may be removed immediately after being illegally parked within 15 feet of a fire hydrant, in a fire lane, in a manner that interferes with an entrance to, or an exit from, the private property, or in a parking space or stall legally designated for disabled persons.
    (c) Subdivision (a) does not apply to property designated for parking at residential property, or to property designated for parking at a hotel or motel where the parking stalls or spaces are clearly marked for a specific room.
    (d) It is the intent of the Legislature in the adoption of subdivision (a) to avoid causing the unnecessary stranding of motorists and placing them in dangerous situations, when traffic citations and other civil remedies are available, thereby promoting the safety of the general public.
    (e) A person who violates subdivision (a) is civilly liable to the owner of the vehicle or his or her agent for two times the amount of the towing and storage charges.


    The way I see it, and if you guys are doing things on the up and up, and waiting the full hour before towing, then you should have no problem with a sign that informs the public that their vehicle cannot be towed during the first hour!!!

  3. #3
    Join Date
    Aug 2011
    Location
    South-Central Cali
    Posts
    1,274

    Default Re: Tow Liason is Imposing Requirements Beyond Statutory Law

    Here is the latest SJPD Towing Application form, as of June 6, 2011. It also includes the applicable VC/SJ Municipal Code statutes, instructions to tow operators, a list of tow operators and a sample of the sign required ("Parking Restricted 24 Hours a Day"). Apart from the base requirements in the VC, the City of San Jose is free to impose additional requirements via municipal ordinances.

    I don't see anything in the form regarding the new signage, or any changes in how the department approves new towing contracts. You should talk to his/her supervisor and find out what justification he's using. If nothing changes, your options are to file a complaint or sue the SJPD.

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