Who enforces the CA vehicle code

[drsensei]

What is the name of your state? California

The CVC has things like section 22658(k)(3) that says that people who violate the this section are guilty of a misdemeanor and punishable by a fine and/or imprisonment. I had a LA County Sheriff at a place that violated numerous sections of the CVC and he told me that the violations were on private property so they don't enforce them. If law enforcement isn't responsible to enforce these misdemeanors, who is? This is about a tow yard that illegal tows cars, only takes cash, isn't open at required hours, doesn't provide after hour releases, doesn't have proper documentation for towing, doesn't provide receipts, doesn't provide proof of authorization to tow, etc., etc., etc.

On the BBB site, his response to all complaints is "I need the receipt number to look it up and if they don't have a receipt then they must be lying". I watched him refuse to give a receipt to a person. I got a receipt only because I called the sheriff.

 

[Taxing Matters]

The police investigate and make arrests for violations of the criminal law and the district attorney's office prosecutes them. They have the discretion to decide what matters they will pursue and which ones they will let go. If they don't act on your complaint, there is no legal action you can take to force them to pursue it. You may try complaining to the California attorney general, that office also may enforce state law.

 

[CdwJava]

Either the deputy did not understand the law that you tried to cite to him (VC 22658(k)(3)), was being intentionally obtuse, or you misinterpreted his reply. In the case of a misdemeanor, the deputy requires the act to either occur in his presence, or, that you make a private person's arrest (aka "citizen's arrest"). If the tow company complied with the section when the deputy was present, then there was nothing he could do unless YOU made the arrest (by telling the deputy you wanted the person to be arrested).

If the tow company is a contracted tow with the LASD, then they might be able to take some action. You'd have to contact the local station to determine if the tow company is contracted to make tows for the LASD. Likewise, if the tow company is towing vehicles unlawfully, from the LASD jurisdiction, you should contact the substation to report it.

It's also important to note, that the subsection you cite only involves tows covered under VC 22658. Was your vehicle towed from a commercial or other lot pursuant to VC 22658?

 

[drsensei]

Thanks. He was being intentionally obtuse. You could tell he just didn't want to be bothered. But the tow operator is taking advantage of people and something needs to be done. The person that was there before me was forced to pay cash, got no receipt, and was charged $100 more than me for the exact same service. The guy ripped them off for $100 and they have no recourse since they have no receipt. You want your car back so you pay and this guy takes advantage.

 

[CdwJava]

Thanks. He was being intentionally obtuse. You could tell he just didn't want to be bothered. But the tow operator is taking advantage of people and something needs to be done. The person that was there before me was forced to pay cash, got no receipt, and was charged $100 more than me for the exact same service. The guy ripped them off for $100 and they have no recourse since they have no receipt. You want your car back so you pay and this guy takes advantage.

Why was he towed? Was it for VC 22658 and on a covered property? Or, for some other reason?

And, yes, I suspect the deputy did not want to be bothered. This is not a common sort of call and the average patrol deputy is not likely to understand that code section, much less have any experience enforcing it. I handled tow matters including impound hearings and tow contracts for my city for the better part of a dozen or more years and I also never had to deal with it. That should tell you how common it is to investigate these sorts of violations.

The place to start is likely the local substation, and with someone who deals with towing matters and their tow contracts. If the tow company does not have a tow contract with the LASD, then they have less leverage, and likely little desire to investigate unless or until actual victims of these practices come forward.

 

[NeilTheCop]

Check your local city and/or county to see if a towing company needs to be licensed and if so, do they have one.
As they are taking cash with no receipt they may be avoiding taxes, which often galvanizes many cash strapped cities into taking action.

 

[CdwJava]

Check your local city and/or county to see if a towing company needs to be licensed and if so, do they have one.
As they are taking cash with no receipt they may be avoiding taxes, which often galvanizes many cash strapped cities into taking action.

Under CA law they must be licensed. If they have an MOU/contract with the local law enforcement agency, that adds another level of supervision. Those contracts can be very lucrative so they tend to heed "input" from the authorizing agency or risk losing the contract.

 

[NeilTheCop]

I was thinking more at a city or county level. California may be different but here a towing company has to have a commercial business license, and their operation base has to be zoned industrial.
https://roswell-nm.gov/DocumentCenter/View/938/Commercial-License-PDF

 

[quincy]

California is a state different from New Mexico.

 

[Edgar 1776]

Do you have a personal grievance, or is this a crusade to fix unscrupulous tow truck drivers.
what exactly is your complaint?

 

[drsensei]

Do you have a personal grievance, or is this a crusade to fix unscrupulous tow truck drivers.
what exactly is your complaint?

Personal. The CVC spells out very specific requirements that have to be followed (like being able to retrieve your vehicle after hours, being open specific hours, and showing the proper documentation to me that they were authorized to tow) that this guy didn't follow. And unfortunately, he was giving me his attitude on the day I was trying to get to the mortuary to bury my mother. I am taking him to small claims court but I would also like him to be found criminally guilty because it is almost impossible to actually collect a civil judgement in California.

 

[NeilTheCop]

California is a state different from New Mexico.

You mean California doesn't have business licenses?

 

[quincy]

You mean California doesn't have business licenses?

The licensing is different in different states.

 

[CdwJava]

You mean California doesn't have business licenses?

The business license does not confer any special requirements upon the business, generally. It's possible that someone could complain to the city or county issuing such a license, but, I wouldn't expect an in-depth investigation of the complaints there.

There are other regulations, licensing and permit requirements tow operators often have to meet including EPA regulations, zoning, and others that escape my thought at the moment. But, the one that seems to give the government here the most influence on tow businesses are the contracts they have with government (law enforcement) entities.