81.2 Vehicle Procedures Manual Flashcards
A 180 should or shall be completed for every vehicle stored or impounded?
Shall.
Should a 180 be filled out for a vehicle carried as cargo?
No. It’s considered property. Document that vehicle’s license, VIN, and description on the 180 for the trailer if it’s stored.
How shall letters be written on the 180 for a vehicle’s VIN or engine number?
Upper case cursive.
When the storage authority on a 180 is amended, what must be attached to the 180?
Memorandum describing the reason for the change.
Who is notified when the owner of a stored vehicle can not be notified?
If the vehicle is registered in CA, attach the returned Notice of Stored Vehicle to the 180 and keep in the file. If the vehicle is from a foreign jurisdiction, or removed from private property, notify DOJ.
How long shall the 180 be kept for vehicles impounded for evidence?
2 years.
Only trained officers can perform vehicle appraisals.
False. All officers are designated as vehicle appraisers.
Every vehicle stored by the Department must have an estimated value on the 180.
True.
What should officers use as guidelines when estimating the value of a vehicle?
General condition and age; and absence of integral parts.
What are the increments used for estimating vehicle value?
$300 or less; $300 - $4,000; over $4,000.
When should officers estimate the value of vehicles stored?
At the time of storage.
Officers should or shall inventory all the contents of vehicles stored and impounded?
Shall.
Any officer who actively participates in the inventory shall be noted on the 180.
True, in the remarks section by name and ID number. Shall.
Which areas of a vehicle can be accessed for an inventory?
All areas which may contain property.
If the trunk or other area in the vehicle is locked and no keys are available, can officers force the locks to gain access?
Shall not. Officers shall note that the area was locked on the 180.
What shall officers do if they discover contraband or evidence during an inventory?
Shall seize and book into evidence.
If evidence is discovered during a vehicle inventory, it is not admissible in court.
False. It is admissible.
When a vehicle is released from storage or impound, what should be attached to the 180?
Copies of pertinent documents: driver’s license, registration, proof of insurance, etc.
Before releasing a stored or impounded vehicle to a repossessor, officers shall ensure that the respossessor is licensed by requesting what information?
By requesting a repossessor’s identification or registration card.
What must be presented to release a vehicle to a repossessor?
A sales contract indicating that the RO has defaulted.
The RO and LO of a stored or impounded vehicle should or shall be notified in writing of the storage?
Shall.
The owner of a stored / impounded vehicle has the right to a storage hearing within how many days?
Within 10 days of the date on the Notice of Stored Vehicle.
What shall be included on the Notice of Stored Vehicle?
Name, address, and phone number of storing agency and the tow company.
The Notice of Stored Vehicle shall be sent within how long?
48 hours, excluding weekends and holidays.
Does the Notice of Stored Vehicle have to been sent if the vehicle was released prior to 48 hours?
Yes.
Where does the Notice of Stored Vehicle get sent?
Original to RO; copy to LO; copy to storing agency’s file.
Does 14602.6 VC apply to all suspended / revoked drivers?
No. Does not apply to license suspended per 11350.6 WI or for no proof of insurance.
Officers should or shall issue a citation for suspended license or 12500(a) prior to impound for 14602.6 VC?
Shall. Except officers shall not issue a citation when impounding out of a tc.
Officers should or shall have supervisor approval prior to 30 day impound?
Should. Requirement can be waived by Area commander.
When shall a vehicle impounded for 30 days be released?
Upon a court order or at the end of 30 days. The RO or agent must still provide a valid driver’s license and current vehicle registration.
Under what conditions shall a vehicle be released prior to the end of the 30-day period?
The following conditions: When the vehicle was stolen. Vehicle is subject to bailment and was driven by an unlicensed employee of a business. When the suspension / revocation was for an offense other than those included in Articles 2 or 3 of Chapter 2 of Division 6. When the driver can show proof of a valid license and presents proof of insurance. When the owner requests a release and the decision to release is solely resting on the owner’s failure to inquire or determine the license status of the driver. When continued impoundment is inconsistent with legislative intent.
When a vehicle is released early, where does the early release letter go?
A copy to the relinquishing party and the original attached to the 180.
What is Section 14602.7 VC used for?
Evasion of a peace officer / 30-day impound.
What must an officer have prior to using 14602.7 VC?
A warrant or court order.
What does 14602.7 VC not apply to?
Abated vehicles; vehicles impounded per 22655 VC; vehicles removed from private property per 22658 VC; and abandoned vehicles removed per 22669 VC with a value of less than $300.
What is 14607.6 VC used for?
30-day impound / forfeiture when the driver is the RO and is unlicensed or suspended and has a prior conviction of 12500 or suspended license, or the RO has a Stipulated Vehicle Release Agreement on his / her driving record.
An officer should or shall have supervisor approval prior to impound for 14607.6 VC?
Shall.
What else shall an officer fill out when impounding for 14607.6 VC?
180F Vehicle Forfeiture Report and Personal Notice of Intended Vehicle Forfeiture.
What is a 180G and when must it be used?
Notice of Forfeiture; used when the RO and LO was not served with a Personal Notice of Intended Vehicle Forfeiture for impound per 14607.6 VC.
What happens to vehicles that are forfeited per 14607.6 VC?
Sold at public auction. Proceeds go to the CHP from the tow company within 15 days of the sale. Checks are then transmitted directly to Accounting Section.
Can an auction company decline to accept a vehicle for auction?
Yes. When the costs associated with the sale exceed the value of the vehicle.
Who handles the sale of a forfeited vehicle when the auction company declines the vehicle?
The tow company in possession of the vehicle.
What is the main vehicle removal section in the Vehicle Code?
22651 VC.
Does 22651h apply on private property?
Yes. However, officers shall not store from private property if that property is owned, leased, or rented by the driver.
What is 22651o used for?
To store a vehicle for unpaid registration in excess of 6 months.
What does no record on file mean?
No transactions on the vehicle have taken place in 4 years.
Can an officer store a vehicle when no record on file comes back on a license plate?
Shall not.
Can an officer store a vehicle when no record on file comes back on a VIN?
May store.
Can the vehicle be stored if the fees have been paid within 6 months but smog or other follow-up items are needed?
Shall not be stored.
Can the driver be cited for 4000a if the fees have been paid within 6 months but smog or other follow-up items are needed?
Yes.
Should officers cite 4000a in addition to storing a vehicle for 22651o?
Should not.
Is a vehicle properly registered if it returns pending master file?
No.
What conditions must be satisfied prior to impounding per 22651p?
Ensure driver is unlicensed or suspended; if suspended has good service; driver is cited for 12500 or one of the suspended sections.
What are the following DMV service codes: A, J, M.
A - Certified Mail; J - Written notice served by peace officer; M - Verbal notice document of file.
For which service codes shall an officer immediately issue a DL 310A?
I - Returned unclaimed; K -Refused; R - Personal service unsuccessful; or A - certified mail if issued prior to June 3, 1995.
Officers should or shall obtain supervisor approval prior to impound per 22651p?
Should.
What impound section is used for a driver with a valid license but operating a vehicle out of class?
22651p.
What is section 22655 VC used for?
Removal when a vehicle is involved in a hit and run.
Who is responsible for towing and storage fees for 22655 VC?
The RO or agent.
Officers should or shall obtain supervisor approval for 22655 VC?
Shall.
What is 22655.5 VC used for?
Removal of vehicle for evidence.
Officers should or shall have supervisor approval for 22655.5 ?
Shall.
Would 22655.5 apply to routine DUI?
No.
Who is responsible for towing and storage charges for 22655.5?
CHP.
Is there a 30-day impound for speed contests?
Yes. 23109.2 VC.
Who is responsible for towing and storage charges for 23109.2?
CHP if charges dropped or party found not guilty. Because of this, officers shall use only for flagrant violations where no other authority reasonably applies.
Officers should or shall have supervisor approval prior to impounding per 23109.2?
Shall.
If an officer believes a stolen report to be not legitimate, what shall be done?
Advise the person of the consequences of false reporting. Shall take the report if the person insists.
If an officer believes a stolen report to be invalid, should the vehicle be entered into SVS?
No. Area shall investigate the validity of the report before entry into SVS.
Do officers take embezzled vehicle reports?
Only when RO or LO has obtained a warrant. Direct embezzled victims to the DAs office.
Vehicle theft reports taken over the phone are mailed to the RP in how many days?
10
What are the conditions for which a beat officer shall respond to take a vehicle theft report?
The following 10 conditions:
Crime in progress / suspects present.
RP insists that an officer respond.
RP is not the RO, LO, or lessee.
Witnesses or physical evidence is at the scene.
RP is intoxicated or disoriented.
RP not at his / her residence or is stranded.
Information by RP is suspicious.
Vehicle embezzled or associated with another crime. Theft occurred in an incorporated city.
Other factors make the validity of the report questionable.
How long shall vehicle theft reports taken by phone be kept at the communications center?
6 months plus the current month.
If an Area does not have a policy for taking vehicle theft reports over the phone, how long do officers have to respond to take these reports?
6 hours.
If a vehicle theft occurred in another CHP area, which area enters the vehicle into SVS?
The area having jurisdiction. Area taking the courtesy report forwards the report to the area having jurisdiction.
If it is discovered that a vehicle theft occurred in an incorporated city, CHP still takes the report.
False. Contact the PD to come take the report.
When a combination of vehicles is stolen, how many 180s are used?
One for each individual vehicle.
How many “S” case numbers are used in multiple stolen vehicle situations?
1 - use the same “S” number on each 180.
What does NCIC stand for?
National Crime Information Center.
Stolen vehicles are entered into the DOJ-SVS, what about property in the car during the theft?
Entered into DOJ’s Automated Property File or Automated Firearms System.
Reports for stolen vehicles not recovered shall be retained at Area for how long? Are copies sent to HQ?
10 years plus current year. Copies shall not be sent to HQ.
Areas shall make how many contacts with vehicle theft victims, how many days after the report to see if the vehicle or components have been recovered?
2 contacts; 3 days and 6 days after the report.
When an area recovers a stolen vehicle, when shall written notification be mailed to the RP?
Within 24 hours, excluding weekends and holidays.
Does the Department take stolen boat reports?
Yes, but only when the vessel was mounted on another vehicle that was stolen (trailer).
A stolen vessel should be placed on its own 180?
True.
How many “S” case numbers should be used for stolen vessel reports?
Use the same “S” number for the boat and vehicle carrying the boat, but another “S” number for other vehicles in the combination.
How do officers handle vehicle theft reports when the theft occurred in Mexico?
Document the report on a 180 if the vehicle is registered in the US and the RO is the victim and a US resident. Direct the RP to also report the theft to the proper jurisdiction in Mexico. Indicate “Mexico Courtesy Stolen Report” at the top of the 180. Border Division must be provide the “S” number regardless of Area taking the report.
All stolen or lost license plates recovered must be kept at the Area office for how long? After that, what?
30 days. Then delivered to nearest DMV.
Is a 180 required for a recovered license plate having no previous report of lost or stolen?
No.
When a recovered vehicle is released to the RO, is a 180 still needed?
Yes. Shall be completed. Signed by the RO.
What document provides the RO and LO with storage hearing information?
Notice of Stored Vehicle (CHP 180).
In order to be granted a storage hearing, the RO or agent must make the request within how many days?
10 days from the date on the Notice of Stored Vehicle.
The Area Commander shall assign who to be the hearing officer?
A lieutenant or sergeant; cannot be the person who stored the vehicle.
A storage hearing should or shall be honored if requested within the 10 days?
Shall.
A storage hearing shall be conducted within how long after the request?
48 hours.
What document is used during the storage hearing?
422C, Post-Storage Hearing Checklist. Hearing documented on a 422B, Vehicle Storage Hearing Report.
Does the officer who stored the vehicle need to be present at the storage hearing?
No.
If a storage is deemed lawful during the storage hearing, and the RO wants to appeal the decision, what shall the hearing officer provide?
Assist the RO by providing a CHP 287 for claims of $1000 or less, and the appropriate Board of Control form for claims of more than $1000.
Whenever a tow operator has received a CHP 180 for a stored / impounded vehicle, he / she has established a lien on the vehicle for towing, storage, and labor costs.
True.
Pursuant to the Civil Code, when has possession and a lien occurred for a tow operator?
When the vehicle is removed and is in transit, or when vehicle recovery and loading operations have begun.
Personal property in a stored vehicle is part of the lien and shall not be released.
False. Not part of the lien and shall be released to the RO or agent upon demand. Integral components of the vehicle are not considered personal property.
Who is responsible for towing and storage fees for vehicles seized with a search warrant?
CHP.
Who is responsible for towing and storage fees for vehicles taken for evidence w/o a warrant?
CHP responsible for all fees from time of initial seizure to time criminal charges are filed. DA is responsible after that. (AG opinion)
Where shall vehicles and vehicle components seized as evidence go?
Evidence contract tow service.
What should be done if the evidence tow company is not available?
Use the rotation tow.
Are contract evidence tow companies subject to the terms of the Tow Service Agreement?
No. Not for evidence impound requests.
Complaints against contract evidence tow companies are handled how?
Contract Services Unit (CSU)
Where does the Department get the authority to have a Tow Service Agreement?
2424 VC.
Officers should or shall not recommend any specific tow operator to the public.
Shall not.
A flatbed tow truck should not be called for vehicles that require recovery.
True.
Violations of the TSA should be reported to whom?
Report immediately to the Communications Center and to the Area Tow officer as soon as possible.
If a tow operator informs that he needs an additional truck or equipment to the scene, what should the officer / supervisor do?
Evaluate the need and make the request through the communications center.
If an officer has to leave a disabled motorist prior to the arrival of a tow operator, the officer should ensure that the tow operator has performed duties by doing what?
Returning to the scene in a reasonable time period; request another CHP unit to check the scene; or request an allied agency to check the scene; or have dispatch call the tow company.
The Department can not perform criminal history checks on operators and tow truck drivers applying to be on the rotation list.
False. Criminal history checks will be done.
How many classes of tow trucks are there under the TSA?
4: Class A -light duty; Class B - medium duty; Class C - heavy duty; Class D - Super heavy duty.
Are CHP rotation tow truck drivers certified?
Yes.
Where are rotation tow driver certificates maintained?
At the CHP Area office for the period the driver tows for the rotation.
Are rotation tow truck drivers and operators enrolled in the DMVs Pull Notice Program?
Yes.
Where are rotation tow and storage rates displayed?
In each tow truck and at the operators cashier’s station. Shall be presented upon request.
Is there a minimum rate for rotation tows set by the CHP?
No. Tow operators are not precluded from charging less than the agreed rate stipulated in the TSA.
Who determines the maximum allowable response time for rotation tows?
Area Commanders.
Does the CHP perform inspections of tow trucks on the rotation? If so, how often?
Yes. At least annually.
When can Areas inspect rotation tow business records?
Anytime during regular business hours. No notice is required.
