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Sgts Study > 81.2 Vehicle Proceedures > Flashcards

81.2 Vehicle Proceedures Flashcards

1
Q

A Notice of Stored Vehicle (22852 CVC), the CHP 180 half-pages 2 and 3, shall be mailed or personally served to the RO and LO within ___ _____, excluding weekends and holidays.

A

48 hours

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2
Q

A post-storage hearing shall be conducted within ___ _____ of the request and may be conducted in writing, person, or telephonically.

A

48 hours

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3
Q

Public agencies are required to notify the Department of Justice, Stolen Vehicle System (DOJ-SVS) if vehicle owners cannot be identified or notified within:

A

immediately

This requirement is fulfilled by entry of the vehicle storage into the DOJ-SVS.

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4
Q

If the vehicle is registered in a foreign jurisdiction, or removed from private property, and the Notice of Stored Vehicle (Section 22852 CVC) is returned unclaimed or the vehicle is not returned to the owner within ____ _____, the storing agency shall:

A

120 hours

send a written notice to the DOJ-SVS

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5
Q

A CHP 180 which has been completed for a vehicle impounded as evidence pursuant to Section 22655.5 CVC shall be retained for ___ ____ unless court proceedings require the reports to be retained longer

A

two years

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6
Q

the driver or other occupants in the vehicle request possession of property from inside the vehicle (e.g., purse, clothing, backpack), the officer conducting the inventory:

A

may pat the item down for weapons for the officer’s safety before handing it over.

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7
Q

T/F

A vehicle that has been stored for Section 22651(o) CVC is not required to meet the release requirements of Section 22850.3 CVC (hold for registration).

A

True

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8
Q

In the event that both Agency Hold for 22651(o) and 22850.3 CVC boxes are marked, an officer (shall/should) obtain the approval of a supervisor when possible, or as the local Area’s Standard Operating Procedures mandate.

A

Should

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9
Q

Any seizure made under 9801(a)(1) (shall/should) be with the concurrence of a supervisor who is familiar with the contents of Highway Patrol Manual (HPM) 82.5, Registration Enforcement Manual, Chapter 1, Policy, relating to such seizures and who has assured that the procedures have been followed.

A

Shall

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10
Q

Whenever a vehicle or part has a vehicle identification number (VIN) obviously mutilated or removed and comes into the possession of an officer, it (shall/should) be seized. A supervisor or vehicle theft investigator’s approval (shall/should) be obtained prior to seizure.

A

Should

Should

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11
Q

The following conditions must be met before impounding a vehicle pursuant to Section 14602.6(a)(1) CVC (3):

A

(a) Officers shall issue a citation prior to impounding when there is sufficient evidence to establish a violation
(b) Officers should obtain the approval of a supervisor when possible, or as local policy mandates.
(c) Officers shall not issue a citation when impounding a vehicle as a result of a traffic collision, but shall ensure that there is sufficient evidence to establish one of the above violations.

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12
Q

A vehicle should not be subject to a 30-day impound when:

A
  • The driver’s license is expired or when a driver is driving out of class.
  • The driver’s license is valid from another state
  • The driver’s license is suspended or revoked for the following exemptions including, but are not limited to, speeding or reckless driving, suspension for prostitution or controlled substance offense, driving in excess of 100 miles per hour, or minor’s unlawful use of firearms.
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13
Q

T/F

Early release can be denied based solely upon the owner’s failure to inquire or determine the prospective driver possessed a valid driver license.

A

False, can no longer be denied for this, 2002 court decision

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14
Q

T/F

The Department shall not release a 30 day impound vehicle to a “new” RO or LO unless the impoundment period is completed or the vehicle meets the early release requirements.

A

True

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15
Q

T/F

No vehicle shall be released without presentation of the RO or agent’s valid driver license and proof of current vehicle registration to the storing agency.

A

True

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16
Q

Section 14602.7(a) California Vehicle Code - Vehicle Impoundment: Fleeing a Peace Officer/Reckless Driving requires:

A

an affidavit to a magistrate establishing reasonable cause to believe that the vehicle was an instrumentality used in the officer’s presence pursuant to Section 2800.1, 2800.2, 2800.3, or 23103 CVC. The officer must obtain a warrant or court order authorizing the removal and seizure of the vehicle.

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17
Q

Any repossesser or legal owner shall provide one of the three following documents to secure a release:

A

1 A certificate of repossession.
2 A security agreement.
3 Title showing proof of legal ownership of the vehicle.

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18
Q

A vehicle may be impounded for 5 or 15 days under either of the following conditions:

A

(a) The driver has a BAC of 0.10 percent, established by a breath test or two PAS results, or
(b) The driver refused to submit to or complete a chemical test.

AND
HAS 1 or more DUI or 23140 conviction within 10 years.

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19
Q

T/F

(a) Section 14602.8(a)(2)(A) CVC - 5 days (1 conviction within the last 10 years).
(b) Section 14602.8(a)(2)(B) CVC - 15 days (2 or more convictions within the last 10 years).

A

True

The Area office shall establish Area SOP to ensure the tow company is notified within 24 hours of the correct impound authority for the CHP 180.

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20
Q

Failure to notify the LO within ___ ______ days by certified mail, return receipt requested, shall prohibit the impounding agency from charging more than five days impoundment.

A

two working

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21
Q

T/F

Section 14607.6(a) California Vehicle Code - Vehicle Forfeiture for Driver License Violations. This section (shall/should/may) be used 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 a violation of Section 12500(a), 14601(a), 14601.1(a), 14601.2(a), 14601.3(a), 14601.4(a), or 14601.5(a) CVC, or the RO of the vehicle has a Stipulated Vehicle Release Agreement (SVRA) indicated on the vehicle’s record.

A

Shall

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22
Q

When forfeiting a vehicle for 14607.6(a)VC, Approval from a supervisor (shall/should) be obtained.

A

Shall

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23
Q

Notice of forfeiture shall be sent to all ROs and LOs not personally noticed within ___ _______ days of impounding a vehicle pursuant to Section 14607.6 CVC.

A

two working

24
Q

A copy of the SVRA shall be sent by the impounding agency to the DMV within

A

10 days.

25
Q

All forms and documents related to a forfeiture shall be retained at the Area level for ___ _____ from the date on the form.

A

six years

26
Q

TF

Officers may remove a vehicle for 22651(o) if expired 6 months, and concurrence of a supervisor has been obtained, if possible.

A

True, but requirement for supervisor approval may be removed by Commander

27
Q

T/F

Officers may remove a vehicle when a VIN inquiry returns with NO RECORD ON FILE.

A VIN inquiry automatically checks all states and a NO RECORD ON FILE return indicates no transactions have taken place on the vehicle for:

A

True

four years.

28
Q

T/F

When a registration inquiry returns with a “Pending Master File” record, an Officer shall not cite for 4000(a)(1)

A

False, may cite, “Pending Master File” record means the vehicle is not properly registered.

29
Q

T/F
A vehicle is found or operated upon a highway, public land, or an off-street parking facility and displays registration, identification card, license plate, special plate, or registration sticker not issued for THAT vehicle may be impounded per 22651(o)(1)(b).

A

True, also true for display of false reg under (o)(1)(c)

30
Q

Officers (shall/should/may) use the most appropriate vehicle impound authority when they encounter a driver who is unlicensed or has a suspended/revoked license.

And should use P unless:

A

Shall,

Circumstances warrant more severe action.

31
Q

An officer (shall/should/may) issue a DL 310A, Verbal Notice when service of a suspension is needed

A

Shall immediately

32
Q

T/F

Officers may remove a vehicle pursuant to Section 22651(p) CVC when the driver has a valid license, but the license is for a class of vehicle other than the vehicle operated by the driver.

A

True

33
Q

A vehicle may be removed from a rest area or viewpoint under the following conditions:
A CHP 422, has been properly posted on a vehicle that has been stopped, parked, or left standing for more than (time) prior to its removal.
A CHP 422 has been properly posted on a regulated commercial motor vehicle that has been stopped, parked, or left standing for more than (time) prior to its removal.

A

eight hours

ten hours

34
Q

Section _______ California Vehicle Code - Impounding Vehicle for Investigation. Use this section for the purpose of inspection when an officer has reasonable cause to believe that a vehicle has been involved in a hit and run collision on a highway or private property which is open to the public, and the driver has failed to comply with Sections 20002 through 20006 CVC note the following 3 conditions:

A

22655(a)

(1) A supervisor’s approval shall be obtained prior to impounding.
(2) The vehicle shall be released to the owner upon the expiration of 48 hours from its removal. Weekends and holidays not included
(3) Area commanders should ensure post-storage hearing opportunities are afforded to the RO or party of interest.

35
Q

Section _______ California Vehicle Code - Removal for Investigation. Use this section for a vehicle used in fleeing or evading in violation of Section 2800.1 or 2800.2 CVC for the removal of a vehicle from property other than the ROs for the purpose of investigation, identification, and apprehension of the driver when the driver:

A

22655.3

abandons the vehicle.

Attempts shall be made to Contact RO to determine driver, The vehicle shall not be removed/impounded under this section if the driver is arrested prior to the tow truck’s arrival or the RO is in the vehicle, A supervisor’s approval shall be obtained prior to impounding.

36
Q

In order to avoid jeopardizing cases and to ensure the county is advised of vehicular evidence seizures that are pending, commanders shall provide notification to the local district attorney (DA) within (time) of the seizure, not including weekends or holidays.

A

72 hours

37
Q

T/F
Vehicles impounded under the authority of a search warrant cannot be released except by a court order, pursuant to Section 1536 Penal Code (PC).

A

True,

NOTE: This requirement applies only to those items specifically listed on the search warrant. (d) Lien Fees.

38
Q

For Section 23109.2(a) California Vehicle Code - 30 day Vehicle Impoundment: Speed Contests and Reckless Driving A supervisor’s approval (shall/should) be obtained.

A

Shall

Because of the financial liability imposed upon the impounding agency, members of this Department should use this section only if a flagrant violation has occurred and no other impound authority reasonably applies to the situation.

39
Q

When there is “reason to believe” that a vehicle/component theft has been falsely reported with the intent to defraud an insurance company, the commander shall notify the appropriate insurance carrier in writing within

A

30 days.

40
Q

Embezzlement reports will be accepted only after:

A

the registered owner (R/O) or legal owner (L/O) has obtained a warrant in accordance with the provisions of Section 10502(a) CVC for vehicles or Section 10553 CVC for vessels/boats. Officers should assist embezzlement victims in contacting the district attorney to obtain any additional information required to evaluate the matter.

41
Q

T/F

A driver shall not be detained solely based upon an embezzlement of a vehicle.

A

False, Section 10855 CVC does not authorize towing; however, the section does allow officers to detain the driver to conduct an investigation into the driver’s rightful possession of the vehicle

42
Q

T/F

Only officers may accept vehicle/component theft reports over the telephone.

A

True, and any member of the department may accept stolen plate reports

43
Q

A copy of the vehicle theft report accepted over the phone will be mailed to them within

A

ten days.

44
Q

The CHP 180 reports accepted over the telephone by a communications center shall be sent to the applicable Area command. A copy shall be retained in the communications center file for

A

six months plus the current year.

45
Q

As soon as practicable and no more than (time) after the initial telephone notification, an officer shall respond to the vehicle theft scene and make personal contact with the victim to secure a written report unless a victim volunteers to come to the CHP office and file a written report within:

A

six hours

six hours.

46
Q

Vehicle/comment theft reports shall be retained for a period of:

Records for vehicles which have not been recovered shall be retained for a period of

A

six years plus the current year.

ten years plus the current year.

47
Q

The contacts with theft victims to ensure the vehicle/competent has not been recovered shall be made __ days and __ days after the date of the theft report.

A

3

60

48
Q

Areas shall mail a written notification of the recovery to the reporting party within (time) of the recovery or notification, excluding weekends and holidays.

T/F
Written notification need not be sent when a successful telephone notification has been made

A

24 hours

False, shall be sent irregardless

49
Q

The Area office holding the original stolen or embezzled report, upon receipt of information from the recovering officer shall:

If the reporting party’s telephone number is unknown or notification attempts were unsuccessful, a written notice providing the location and condition of the recovered vehicle shall be mailed within:

A

immediately notify the reporting party by telephone of the vehicles location and condition.

24 hours, excluding holidays and weekends

50
Q

In order to be granted a post-storage hearing, the RO, LO, or their agent is required to request a hearing within ___ ____ of the date on the notice

A

10 days

51
Q

T/F

Area commanders SHALL honor a request for a post-storage hearing if it is received at the office in person, by telephone, or by mail within 10 days of the date appearing on the notice.

A

True, commanders discretion after 10 days

52
Q

The Area commander shall designate:

as the hearing officer.

The hearing shall be conducted within ___ _____ of the request, excluding weekends and holidays.

A

a lieutenant or sergeant

48 hours

53
Q

The individual requesting the post-storage hearing shall be advised of the hearing officer’s decision and informed the Area is not the final level of review (the finding could change when the hearing is reviewed by Division or headquarters), and shall be provided a copy of the CHP 422B within:

A

10 business days.

54
Q

For valid tow:

The original signed CHP 422B package and ___ additional copies of the package shall be made. One copy of the CHP 422B package shall retained at the Area office for ___ _____. The original and the remaining copy of the CHP 422B package shall be routed to the appropriate field Division within ____ ______ days.

A

two

two years

five working

55
Q

For invalid tow:

The original signed CHP 422B package and ___ additional copies of the package shall be made. One copy of the CHP 422B package shall retained at the Area office for ___ _____. The original and the remaining copy of the CHP 422B package shall be routed to the appropriate field Division within ____ ______ days.

A

3

Two years

5 working

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