When you can remove a vehicle from your property is discussed in the state’s vehicle code. As a whole, the legislature tried to balance the interests of vehicle and property owners. You may face financial consequences if you’re too zealous with towing vehicles.
Basic Rules for Towing a Vehicle from Your Property
- When You Can Tow a Vehicle
The rights and responsibilities of private property owners are written in Section 22658 of the state’s vehicle code. You must warn vehicle owners before you have the vehicle towed. Your “no parking” sign must:
- Be in plain view at all entrances
- At least 17 inches by 22 inches in size
- Include the name and phone number of the towing company you use with the phone number of the local traffic law enforcement agency
Without such a sign, you can tow a vehicle:
- Issued a parking violation ticket, and it hasn’t moved in at least 96 hours
- That’s inoperable. It lacks wheels, tires, an engine, a transmission, a windshield, or anything that would prevent it from operating legally on public roads. You must notify local police at least 24 hours before towing it
As with all other landlord issues, it’s best to document your actions. Photos of the vehicle, where it is, and showing if it’s inoperable would be a good idea. Date-stamped photos would show how long a vehicle’s been present.
- Limits on Towing a Vehicle
Here are some limitations on what you can do and how:
- If you violate the notice requirements, you can be issued a ticket for an infraction and be fined up to $1,000
- If you fail to live up to these rules, you’re liable to pay the vehicle owner twice their towing and storage fees
- The storage facility must be within 10 miles of your property
- It must be open during regular business hours (Monday through Friday, 8:00 am to 5:00 pm) to release the vehicle to its owner
- You must notify local police the car was towed within an hour of it happening
- If the vehicle owner asks you, you must inform them why it was towed
If a vehicle is parked on a public street and blocking your property’s entrance or exit or is too close to a fire hydrant, you can contact the police and ask that it be removed, but you can’t tow it away yourself.
Let’s Be Careful Out There
If you’re responsible for a vehicle to be towed from your property, the owner may be angry and upset with you. The person could be a random stranger who wanted to park off the street, a tenant, their friend, or a family member.
As you know, California is car-dependent and, given your location, may be the main or only means of transportation. Add to this possibly bad situation the owner’s alcohol or drug use, you may be in a potentially dangerous situation. When in doubt for your safety, call the police.
We’re Here to Help
If you have questions about towing vehicles or any other issue concerning your property, call the AWB Law PC team at (949) 244-4207 or complete our online contact form today. We can discuss your situation, how state laws may apply, and how you should best proceed.