81.2, Vehicle Procedures Flashcards by Raul Nuñez

If a stored or impounded vehicle has a vehicle(s) carried as cargo (such as a car on a trailer), what information shall be documented in the “Remarks” section of the CHP 180?

1) License number
2) VIN number
3) Description of the vehicle(s)

(HPM 81.2, Chapter 1)

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Vehicle Code Section 22852 requires the impounding, removing, or storing agency to notify the registered or legal owner of the vehicle within what timeframe?

48 hours, excluding weekends and holidays

HPM 81.2, Chapter 1

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True or False: A post-storage hearing shall be conducted in person at the Area office.

False (may also be conducted in writing or telephonically)

HPM 81.2, Chapter 1

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Vehicle Code Section 22855(a) VC authorizes the Commissioner to designate any officer to make __________.

Vehicle appraisals

HPM 81.2, Chapter 1

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What are the three value categories for appraised vehicles?

1) $500 or less
2) $501 to $4,000
3) $4,001 and over

(HPM 81.2, Chapter 1)

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True or False: all officers actively participating in a vehicle inventory shall be noted by name and ID number on the CHP 180.

True (in the “Remarks” section)

HPM 81.2, Chapter 1

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True or False: if the driver or other occupants request possession of property (purse, backpack, clothing, etc.) during a vehicle storage/impound, the officer may pat the item down for weapons.

True

HPM 81.2, Chapter 1

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True or False: an officer may force the lock of a locked glove compartment console, trunk, or box for inventory purposes.

False (locked compartment shall be noted on the CHP 180)

HPM 81.2, Chapter 1

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If an officer marks the 22850.3 CVC box, what should the officer notate in the top margin of the CHP 180?

“Registration violation - to be cleared through CHP only”

HPM 81.2, Chapter 1

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True or False: a repossessor shall have original documents (certificate of repossession, security agreement, vehicle title) in order to obtain a release for a stored or impounded vehicle.

False (copies, fax, or electronic are acceptable)

HPM 81.2, Chapter 1

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True or False: a repossessor is required to pay registration fees prior to release of the vehicle.

False

HPM 81.2, Chapter 1

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True or False: when an unlicensed driver is encountered at a sobriety checkpoint, the officer must make a reasonable attempt to identify the registered owner (RO) of the vehicle and release the vehicle to the RO prior to initiating an impound.

True

HPM 81.2, Chapter 2

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Approval should be obtained from ____________ prior to seizing a vehicle for an obvious violation of 10751(b) VC, Altered/Missing VIN.

A supervisor or vehicle theft investigator

HPM 81.2, Chapter 2

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A vehicle being driven by someone whose driving privilege is restricted pursuant to 13352 or 23575 VC and the vehicle is not equipped with a functioning certified ignition interlock device may be impounded pursuant to ___________ VC.

14602.6 VC (30 day hold)

HPM 81.2, Chapter 2

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True or False: when a vehicle is impounded for 30 days pursuant to 14602.6 VC out of a traffic collision, the driver should be issued a citation for 12500(A) VC or 14601.1 through 14601.5 VC.

False (shall not cite for these sections out of a collision)

HPM 81.2, Chapter 2

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True or False: officers may impound a vehicle for 30 days if the driver is driving out of class.

False

HPM 81.2, Chapter 2

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What are the valid reasons a vehicle shall be released early from a 30-day impound through a storage hearing?

1) The vehicle is a stolen vehicle
2) The vehicle is subject to bailment and is driven by an unlicensed employee of a business establishment
3) The vehicle was impounded for 30 days under a VC section that doesn’t allow for a 30 day impound.
4) The driver’s driving privilege has been reinstated or a driver license issued

(HPM 81.2, Chapter 2)

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May the name of the registered owner or legal owner be changed on a vehicle’s record before the vehicle is released from impound?

HPM 81.2, Chapter 2

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What is the Vehicle Code section used to impound a vehicle for 30 days when it is used in the act of fleeing a peace officer or reckless driving and a warrant or order from a court authorizing the removal and seizure of the vehicle has been obtained?

14602.7(a) VC

HPM 81.2, Chapter 2

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What Vehicle Code section authorizes a 5 or 15 day impound for a second or more violations of DUI?

14602.8 VC

HPM 81.2, Chapter 2

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How many DUI convictions are required before a vehicle may be impounded for 15 days under 14602.8 VC?

2 within 10 years

HPM 81.2, Chapter 2

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What Vehicle Code section shall be used as an impound authority when an officer encounters a driver who is the RO and is unlicensed or has a suspended/revoked license, and the driver has a prior misdemeanor conviction for driving while suspended/revoked, or the RO of the vehicle has a Stipulated Vehicle Release Agreement indicated on the vehicle’s record.

14607.6(a) VC - Vehicle forfeiture for driver license violations

(HPM 81.2, Chapter 2)

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True or False: an officer may impound a vehicle pursuant to 14607.6(a) VC - Vehicle forfeiture for driver license violations, when the driver has either a misdemeanor or infraction conviction of driving while unlicensed or suspended/revoked.

False (must be a misdemeanor conviction)

HPM 81.2, Chapter 2

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All forms and documents related to a vehicle forfeiture shall be retained at the Area level for ______ years.

Six

HPM 81.2, Chapter 2

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What Vehicle Code section is used to impound a vehicle when the driver is under the age of 21 and has a BAC of .01% or greater and is issued a DS 367M, Under Age 21 Officer's Statement, or the driver is on probation for prior DUI pursuant to 13389 VC?

22651(h)(2) VC | HPM 81.2, Chapter 2

Officers should routinely check the _______ box on the CHP 180 to ensure proof of current registration is provided for vehicle release procedures.

"Section 22850.3 CVC" | HPM 81.2, Chapter 2

An officer shall immediately issue a DL 310A, Verbal Notice by Peace Officer, DMV, or Court Employee on what suspension service codes?

I, K, R, and Service Code A issued prior to June 30, 1995 | HPM 81.2, Chapter 2

What Vehicle Code section is used to impound a vehicle for 48 hours when it is suspected of being involved in a hit and run collision and the driver failed to comply with 20002 VC through 20006 VC?

22655(a) VC - Impound for Investigation | HPM 81.2, Chapter 2

What Vehicle Code section is used to remove a reported stolen or embezzled vehicle from private property?

22653(a) VC | HPM 81.2, Chapter 2

What Vehicle Code section allows for the removal of a vehicle when there is probable cause to believe the vehicle was used as the means of committing a public offense or a search warrant is obtained.

22655.5(a) VC | HPM 81.2, Chapter 2

What Vehicle Code section allows for the removal of a vehicle when there is probable cause to believe the vehicle is itself evidence which shows that a crime has been committed, or the vehicle contains evidence that cannot be readily removed.

22655.5(b) VC | HPM 81.2, Chapter 2

What form(s) must be signed by the tow operator when a vehicle is impounded as evidence?

CHP 180 and CHP 36 | HPM 81.2, Chapter 2

True or False: a vehicle should be seized as evidence for possible civil litigation purposes.

False | HPM 81.2, Chapter 2

Notice to the district attorney's office shall be made within what timeframe when a vehicle is seized as evidence?

72 hours, excluding weekends and holidays | HPM 81.2, Chapter 2

True or False: a vehicle impounded under the authority of a search warrant cannot be released except by a court order.

True | HPM 81.2, Chapter 2

A vehicle is ________ when it is fraudulently appropriated by a person to whom it has been entrusted.

Embezzled | HPM 81.2, Chapter 3

When there is reason to believe that a vehicle theft has been falsely reported with the intent to defraud the insurance company, the commander shall notify the insurance carrier within _______ days.

30 days | HPM 81.2, Chapter 3

Vehicle Code Section 10855 allows detention of the driver to determine _____________.

Rightful possession of the vehicle | HPM 81.2, Chapter 3

True or False: vehicle/component theft reports may be accepted over the phone.

True (with Division commander approval) | HPM 81.2, Chapter 3

True or False: clerical personnel may accept vehicle/component theft reports over the phone.

False (only officers/uniformed personnel) | HPM 81.2, Chapter 3

True or False: if multiple vehicles are stolen in a single incident (such as a vehicle towing a trailer coach), a single S-number is used for all involved vehicles.

True | HPM 81.2, Chapter 3

True or False: when recording out-of-state license numbers in the CHP 180, dashes or symbols shall not be shown as they appear on the license plates.

False (they shall be shown) | HPM 81.2, Chapter 3

True or False: officers should only take a stolen boat report if the vessel is mounted upon a vehicle which has also been stolen.

True | HPM 81.2, Chapter 3

True or False: the Department takes courtesy stolen reports for incidents that occurred in Mexico.

True | HPM 81.2, Chapter 3

Is a CHP 180 required if a license plate is recovered and no previous report of it having been lost or stolen is on record?

No | HPM 81.2, Chapter 3

Vehicle Code Section ___________ allows for recovery of a vehicle on private property.

22653(a) VC | HPM 81.2, Chapter 3

Vehicle Code Section ___________ allows for recovery of a vehicle on state property.

22659(c) VC | HPM 81.2, Chapter 3

When a person requests an early release of a vehicle storage or impound and the vehicle is not released, a __________ form shall be completed.

CHP 422B, Vehicle Storage Hearing Report | HPM 81.2, Chapter 4

In order to be granted a post storage hearing, the registered owner, legal owner, or agent is required to request a hearing within _______ days of the date of the notice of stored vehicle.

10 days | HPM 81.2, Chapter 4

It is at the discretion of __________ to honor a request for a post-storage hearing that is outside of the 10 days of the postmarked mailed notice.

Area commander | HPM 81.2, Chapter 4

When a post-storage hearing is requested, it must be held within ________ of the request.

48 hours | HPM 81.2, Chapter 4

True or False: during a post-storage hearing, the officer who initiated the storage/impound shall be present.

False (need not be present) | HPM 81.2, Chapter 4

The person requesting a post-storage hearing shall be provided a copy of the CHP 422B, Vehicle Storage Hearing Report within ______ days.

10 business days | HPM 81.2, Chapter 4

What are the appeal options for a person who disagrees with a post-storage hearing officer's decision?

Submit a CHP 287, claims of $1,000 or Less or file a claim through the Government Claims Board (for claims exceeding $1,000) (HPM 81.2, Chapter 4)

If a storage or impound is found to be invalid after a post-storage hearing, who is responsible for paying for the towing/storage fees?

The Department | HPM 81.2, Chapter 4

True or False: if a storage or impound is found to be invalid after a post-storage hearing, and the storage/towing fees are already paid, the registered owner or legal owner is entitled to reimbursement.

True | HPM 81.2, Chapter 4

A CHP 287 or Government Claims Board claim must be filed no later than _____ months after the accrual of the storage or impound.

Six months | HPM 81.2, Chapter 4

A completed CHP 422B, Vehicle Storage Hearing Report shall be routed to the appropriate field Division within _____ days of the hearing.

Five working days | HPM 81.2, Chapter 4

Copies of CHP 422B, Vehicle Storage Hearing Reports shall be retained at the Area office for ______ years.

Two years | HPM 81.2, Chapter 4

True or False: the Department is financially responsible for all costs incurred as a result of towing and storage of vehicles and/or vehicle components seized pursuant to a search warrant.

True | HPM 81.2, Chapter 6

Questions regarding policy or procedures related to evidence impounds should be directed to ___________.

Research and Planning Section | HPM 81.2, Chapter 6

Questions regarding evidence tow contract issues shall be directed to ___________.

Business Services Section, Contract Services Unit | HPM 81.2, Chapter 6

All vehicles and/or vehicle components seized as evidence ___________ (should/shall) be referred to the evidence contract tow service.

Shall | HPM 81.2, Chapter 6

When a vehicle is seized as evidence, who is responsible for on-scene cleanup?

The registered or agent of the vehicle seized | HPM 81.2, Chapter 6

True or False: it is the Department's policy to seek reimbursement for costs incurred for vehicles impounded as evidence pursuant to 22655.5 VC.

True | HPM 81.2, Chapter 6

Section 22655.5(d) VC provides a means for the recovery of the towing and storage costs under what circumstances?

When the perpetrator is convicted of a crime | HPM 81.2, Chapter 6

True or False: if the perpetrator does not comply with a court order to reimburse the CHP for evidence tow costs, the court should issue a warrant for the perpetrator's arrest.

True | HPM 81.2, Chapter 6

When a perpetrator makes reimbursement to the appropriate Area office, the Area shall issue a _______ form.

CHP 251, Counter Receipt | HPM 81.2, Chapter 6

True or False: a tow company that has entered into a contract with the Department to facilitate evidence impound requests is not subject to terms of the Tow Service Agreement when the request is for evidence impounds only.

True | HPM 81.2, Chapter 6

True or False: a lien against a vehicle that has been impounded does not apply to any personal property in or on the vehicle.

True | HPM 81.2, Chapter 5

True or False: the tow operator is not responsible for personal property in or on the vehicle after the vehicle has been disposed of through the lien sale process.

True | HPM 81.2, Chapter 5

True or False: if a tow operator is given a written reprimand, suspension, or termination of the tow service agreement (TSA), the Department is required to provide a hearing and appeal process.

True | HPM 81.2, Chapter 7

The _____________ is the primary concern of the TSA Advisory Committee.

Needs and safety of the motoring public | HPM 81.2, Chapter 7

The ________ form is used for complaints against tow operators

CHP 234G, Rotation Tow Complaint Investigation | HPM 81.2, Chapter 7

What is the retention period for a rotation tow company's file?

Current year plus three years | HPM 81.2, Chapter 7

True or False: a tow driver may utilize the right shoulder or center median to respond to a scene.

True (but only after explicit permission has been granted by the on-scene officer) (HPM 81.2, Chapter 7)

True or False: an officer may direct a tow operator (not currently at the top of the rotation tow list) to assist with the movement of vehicles to clear the roadway.

True | HPM 81.2, Chapter 7

True or False: an officer on scene may assign tow trucks to certain vehicles on a first-to-arrive/first choice basis.

True | HPM 81.2, Chapter 7

The enrollment period for the rotation tow program shall be open for a minimum of ______ days.

30 days | HPM 81.2, Chapter 7