Non-Residential Personal Identity Disclosure

22658(l)(1)(A)(in part) A towing company shall not remove or commence the removal of a vehicle from private property without first obtaining the written authorization from the property owner or lessee, including an association of a common interest development, or an employee or agent thereof, who shall be present at the time of removal and verify the alleged violation.
(B) The written authorization under subparagraph (A) shall include all of the following:
(i) The make, model, vehicle identification number, and license plate number of the removed vehicle.
(ii) The name, signature, job title, residential or business address and working telephone number of the person, described in subparagraph (A), authorizing the removal of the vehicle.
(iii) The grounds for the removal of the vehicle.
(iv) The time when the vehicle was first observed parked at the private property.
(v) The time that authorization to tow the vehicle was given.
(C) (i) When the vehicle owner or his or her agent claims the vehicle, the towing company prior to payment of a towing or storage charge shall provide a photocopy of the written authorization to the vehicle owner or the agent.
(ii) If the vehicle was towed from a residential property, the towing company shall redact the information specified in clause (ii) of subparagraph (B) in the photocopy of the written authorization provided to the vehicle owner or the agent pursuant to clause (i).

Analysis

The new law clearly requires a towing firm to provide a vehicle owner with a copy of a written authorization executed by a person causing a removal at the time a vehicle is released from storage (Subd. (C)(i)). While the law includes a provision (Subd. (C)(ii)) that permits a towing firm to redact (black-out) the information required in (Subd. (B)(ii)), that being the individual identity of a person causing a removal in a residential situation, the law provides no such provision for non-residential private property removals, thereby requiring the disclosure of the identity of a person causing a removal to the vehicle owner. Interestingly, CVC 470 defines the term “person” as follows: “Person includes a natural person, firm, copartnership, association, limited liability company, or corporation”.

Western Towing Solution

Western Towing must comply with the provisions stated in these subdivisions.  Failure to comply can result in a criminal misdemeanor charge against a towing operator (CVC 40000.15).

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