Law Complete 30 Day Impound VC 14602.6

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LAW: 30 Day Hold - California Vehicle Code 14602.6

14602.6. (a) Whenever a peace officer determines that a person was driving a vehicle while his or her
driving privilege was suspended or revoked or without ever having been issued a driver's license, the
peace officer may either immediately arrest that person and cause the removal and seizure of that
vehicleor, if the vehicle is involved in a traffic collision, cause the removal and seizure of the vehicle,
without the necessity of arresting the person in accordance with Chapter 10 (commencing with Section
22650) of Division 11. A vehicle so impounded shall be impounded for 30 days. The impounding
agency, within two working days of impoundment, shall send a notice by certified mail, return receipt
requested, to the legal owner of the vehicle, at the address obtained from the department, informing the
owner that the vehicle has been impounded. Failure to notify the legal owner within two working days
shall prohibit the impounding agency from charging for more than 15 days' impoundment when the legal
owner redeems the impounded vehicle. The impounding agency shall maintain a published telephone
number that provides information 24 hours a day regarding the impoundment of vehicles and the rights
of a registered owner to request a hearing. (b) The registered and legal owner of a vehicle that is
removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage
hearing to determine the validity of, or consider any mitigating circumstances attendant to, the storage,
in accordance with Section 22852. (c) Any period in which a vehicle is subjected to storage under this
section shall be included as part of the period of impoundment ordered by the court under subdivision
(a) of Section 14602.5. (d) (1) An impounding agency shall release a vehicle to the registered owner or
his or her agent prior to the end of 30 days' impoundment under any of the following circumstances:
(A) When the vehicle is a stolen vehicle. (B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, including a parking service or repair garage.
(C) When the license of the driver was suspended or revoked for an offense other than those included in
Article 2 (commencing with Section 13200) of Chapter 2 of Division 6 or Article 3 (commencing with
Section 13350) of Chapter 2 of Division 6. (D) When the vehicle was seized under this section for an
offense that does not authorize the seizure of the vehicle.(E) When the driver reinstates his or her
driver's license or acquires a driver's license and proper insurance. (2) No vehicle shall be released
pursuant to this subdivision without presentation of the registered owner's or agent's currently valid
driver's license to operate the vehicle and proof of current vehicle registration, or upon order of a court.
(e) The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and
any administrative charges authorized under Section 22850.5. (f) A vehicle removed and seized under subdivision
(a) shall be released to the legal owner of the vehicle or the legal owner's agent prior to the end of 30
days' impoundment if all of the following conditions are met:(1) The legal owner is a motor vehicle
dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally
operating in this state or is another person, not the registered owner, holding a security interest in the
vehicle. (2) The legal owner or the legal owner's agent pays all towing and storage fees related to the
seizure of the vehicle. No lien sale processing fees shall be charged to the legal owner who redeems the
vehicle prior to the 15th day of impoundment. Neither the impounding authority nor any person having
possession of the vehicle shall collect from the legal owner of the type specified in paragraph (1), or the
6767 Paramount Blvd. Long Beach California 90805 (800) 421-5528 Fax (562) 633-9768
legal owner's agent any administrative charges imposed pursuant to Section 22850.5 unless the legal
owner voluntarily requested a post storage hearing. (3) The legal owner or the legal owner's agent
presents either lawful foreclosure documents or an affidavit of repossession for the vehicle, and a
security agreement or title showing proof of legal ownership for the vehicle. Any documents presented
may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The
impounding agency shall not require any documents to be notarized. The impounding agency may
require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency
license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of
the Business and Professions Code, or to demonstrate, to the satisfaction of the impounding agency, that
the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions
Code. No administrative costs authorized under subdivision (a) of Section 22850.5 shall be charged to
the legal owner of the type specified in paragraph (1), who redeems the vehicle unless the legal owner
voluntarily requests a post storage hearing. No city, county, city or county, or state agency shall require
a legal owner or a legal owner's agent to request a post storage hearing as a requirement for release of
the vehicle to the legal owner or the legal owner's agent. The impounding agency shall not require any
documents other than those specified in this paragraph. The impounding agency shall not require any
documents to be notarized. As used in this paragraph, "foreclosure documents" means an "assignment"
as that term is defined in subdivision (o) of Section 7500.1 of the Business and Professions Code. (g) (1)
A legal owner or the legal owner's agent that obtains release of the vehicle pursuant to subdivision (f)
may not release the vehicle to the registered owner of the vehicle or any agents of the registered owner,
unless the registered owner is a rental car agency, until after the termination of the 30-day impoundment
period. (2) The legal owner or the legal owner's agent may not relinquish the vehicle to the registered
owner until the registered owner or that owner's agent presents his or her valid driver's license or valid
temporary driver's license to the legal owner or the legal owner's agent. The legal owner or the legal
owner's agent shall make every reasonable effort to ensure that the license presented is valid. (3) Prior to
relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage
charges related to the impoundment and any administrative charges authorized under Section 22850.5
that were incurred by the legal owner in connection with obtaining custody of the vehicle. (h) (1) A
vehicle removed and seized under subdivision (a) shall be released to a rental car agency prior to the end
of 30 days' impoundment if the agency is either the legal owner or registered owner of the vehicle and
the agency pays all towing and storage fees related to the seizure of the vehicle. (2) The owner of a
rental vehicle that was seized under this section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental car agency may not rent another vehicle to the driver of the vehicle that was
seized until 30 days after the date that the vehicle was seized. (3) The rental car agency may require the
person to whom the vehicle was rented to pay all towing and storage charges related to the
impoundment and any administrative charges authorized under Section 22850.5 that were incurred by
the rental car agency in connection with obtaining custody of the vehicle. (i) Notwithstanding any other
provision of this section, the registered owner and not the legal owner shall remain responsible for any
towing and storage charges related to the impoundment, any administrative charges authorized under
Section 22850.5, and any parking fines, penalties, and administrative fees incurred by the registered
owner. (j) The impounding agency shall not be liable to the registered owner for the improper release of
the vehicle to the legal owner or the legal owner's agent provided the release complies with the
provisions of this section.
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