82.4, 82.5, 81.2 Flashcards

1
Q

a. Scope of the Problem. Section 6700(a) of the California Vehicle Code (CVC) requires an owner of any vehicle subject to registration, other than a commercial vehicle, that is registered in a foreign jurisdiction to apply for California registration within ____ days after ______ or ______. Section 6702 CVC requires every nonresident, including any foreign corporation having an established place of business within this state and regularly using a vehicle (including commercial vehicles) subject to registration, to immediately register that vehicle upon entry into this state.

A

20,

gainful employment,

residency is established in this state

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2
Q
  1. APPLICATION PERIOD.
    a. Original Application Period. The application period for an original applicant for a special driver certificate will begin when the applicant completes (signs and dates) a DL-45 and will end ____ days from that date. During this period, the applicant must successfully complete all required testing and be issued a temporary special driver certificate by departmental personnel.
A

365

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3
Q
  1. FATAL, SEVERE, OR VISIBLE INJURY COLLISION – NOTIFICATIONS. Upon receiving information regarding a fatal, severe, or visible injury collision involving a school bus, youth bus, school pupil activity bus (SPAB), or general public paratransit vehicle (GPPV), the following notifications shall be made:
    a. Telephone Notification(s).
    (1) Area Commander. The Area commander or designee shall make the following telephone notifications:
    ______
    ______

(2) Division Commander. The Division commander or designee shall notify by telephone, the appropriate Assistant Commissioner or on-call designee.

b. Alternate, After Hours, Weekend, and Holiday Notification. In the event a
telephone notification is required after normal business hours (1700 to 0800 hours), on the weekend, or on a holiday, the notifying Division shall contact the appropriate Assistant Commissioner or on-call designee. In the event contact cannot be made to the appropriate Assistant Commissioner or on-call designee, contact the Emergency Notification and Tactical Alert Center at (916) 843-4199.

c. Communications Network Message Reporting. Within ______ of knowledge of a fatal, severe, or visible injury school bus collision (as defined in Section 12517.1 CVC), the Area shall prepare a detailed Communications Network message (refer to Annex A, Communications Network Message Format For a School Bus Collision Resulting in a Fatal, Severe, or Visible Injury Collision), addressed to the following commands:
3-3 HPM 82.4

A

(a) The appropriate Division commander.
(b) Research and Planning Section.
____

24 hours
____

(1) Assistant Commissioner, Field.
(2) Assistant Commissioner, Staff.
(3) Office of Special Representative.
(4) Enforcement and Planning Division.
(5) Research and Planning Section.
(6) Commercial Vehicle Section.

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4
Q

(d) A collision involving a vehicle certified as a school bus with no pupils on board at the time of the collision would be entered as: No Pupils on School Bus to indicate the collision involved a school bus; however, it was ____ a school bus collision by definition. No further notations are required.

A

not

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5
Q

a. Notifications. Areas shall immediately notify by telephone, Research and Planning Section, at (916) 843-3340, and the respective field Division school bus officer by telephone, of all serious investigations involving a _________.

(1) If the investigation is regarding _____, the Area shall also notify, by telephone, the Commercial Vehicle Section’s (CVS) Motor Carrier Safety Unit at (916) 843-3400 and forward CVS a copy of the final report for any action deemed necessary by CVS.

A

driver, instructor/delegated behind-the-wheel trainer, school district,
private school or carrier; or
any unsafe school bus stop or route

the negligent operation or continued noncompliance of a school district,
private school, or
carrier with regard to pupil transportation vehicles

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6
Q

b. Unsafe Stops and Routes. When an Area commander becomes aware of a potential unsafe school bus stop or route, the command shall immediately notify, in writing, the ____; ensure the stop is inspected and evaluated by the Area School Bus Officer/Coordinator (SBO/C) to determine if the stop meets any of the criteria for a CHP approved stop pursuant to Sections 22112(e)(6) and 22504(c) of the California Vehicle Code, or Section 1238(c)(2) of Title13 of the California Code of Regulations.

A

appropriate school district superintendent or principal or head of a private school

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7
Q

a. Random ____ Inspection. The SBO/C shall conduct a random ____ inspection of at least ____ percent of each carrier’s school bus, youth bus, general public paratransit vehicle (GPPV), school pupil activity bus (SPAB), and/or farm labor vehicle (FLV) drivers records.

A

Annual,

annual,

5

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8
Q

a. Submission to Area Supervisor. The SBO/C shall submit a completed CHP 100E to an Area supervisor for review and approval by the _____ working day of the month following the month of activity. Upon approval, the supervisor shall initial the CHP 100E.
NOTE: If the SBO/C submits a “Negative Report”, the Area supervisor shall approve the report by initialing the report. (Refer to Annex B of this chapter.)

A

Fifth

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9
Q

(3) A vehicle should not be subject to a 30-day impound under the following conditions:

A

(a) The driver’s license is expired or when a driver is driving out of class. For these situations, Section 22651(p) CVC should be used.

(b) The driver’s license is a valid driver license from another state or foreign jurisdiction.

(c) The driver’s license is suspended or revoked for an offense other than those included in Article 2 (commencing with Section 13200 CVC) of Chapter 2 of Division 6 or Article 3 (commencing with Section 13350 CVC) of Chapter 2 of Division 6. These exemptions include, 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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10
Q

(1) A vehicle is subject to a 30-day impoundment when an officer encounters a driver under the following conditions:

A

(a) A suspended or revoked license.

(b) Their driving privilege is restricted pursuant to Sections 13352 or 23575 CVC and the vehicle is not equipped with a functioning, certified ignition interlock device.

(c) The driver has never been issued a license, and there are indications the driver will continue to drive if they continue to have access to the vehicle.
2-4

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11
Q

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

A

(a) Officers shall issue a citation prior to impounding when there is sufficient evidence to establish a violation of Sections 12500(a), 14601(a), 14601.1(a), 14601.2(a), 14601.2(b), 14601.3(a), 14601.4(a), 14601.5(a), or 14601.5(b) CVC.

(b) Officers should obtain the approval of a supervisor when possible, or as local policy mandates. The requirement to obtain a supervisor’s approval may be waived at the discretion of the Area commander.

(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

(f) For commands who do not have an approved policy accepting vehicle/component theft reports over the telephone, the following policy shall apply:

1 As soon as practicable and no more than _____ hours after the initial telephone notification, an officer shall respond to the 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 ____ hours.

2 A report of a stolen vehicle received by telephone may be broadcast immediately, but the broadcast preamble shall contain the following essential elements: “POSSIBLE STOLEN VEHICLE BASED ON TELEPHONE (VERBAL) INFORMATION; FORMAL THEFT REPORT NOT SIGNED.” Discretion must be used by officers stopping the vehicle. The broadcast shall be canceled after ____ hours if a formal signed report has not been obtained.

A

six,

six,

six

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13
Q

(g) Whenever a person reports the theft of a vehicle (including a motorized bicycle) from any location within CHP jurisdiction, a CHP 180 ____ be prepared for each vehicle taken. Additionally, a CHP 180 ____ be prepared for vehicle component(s) taken from any location within CHP jurisdiction. The person making the report ____ be inconvenienced by being referred to an allied agency to secure a written report.

A

shall, shall, shall not

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14
Q

2 Each Area shall establish a suspense system that will provide for two contacts with the theft victim to determine if the vehicle or vehicle component has been recovered. These contacts shall be made ____ days and ____ days after the date of the theft report using the most current on-line version of the CHP 180B, Stolen Vehicle Follow-up, form.

A

3, 60,

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15
Q

(n) Areas shall mail a written notification of the recovery to the reporting party within ___ hours of the recovery or notification, excluding weekends and holidays. Written notification ____ be sent even when a successful telephone notification has been made. Notification information shall be attached to the CHP 180. (Refer to Annex B for a sample recovery letter.)

A

24, shall

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16
Q

c. Mexico Courtesy Stolen Reports.
(1) When an officer is contacted by a victim of a vehicle theft that occurred in Mexico, the reported theft ____ be documented on a CHP 180. A copy of the stolen report taken by authorities of Mexico should be obtained at the time of the report and prior to documentation on a Mexico Courtesy Stolen Report (MCSR). Additionally, the victim should be instructed to report the theft to the agency of primary jurisdiction at the time of the theft in Mexico. The stolen vehicle must currently be registered in the ____ and the R/O must be a _____ resident. The MCSRs will be processed only for the theft of a vehicle and not for property such as a boat motor, bicycle, etc. However, if such property was physically in the vehicle at the time of the theft, include the pertinent information in the “Remarks” section on the CHP 180.

A

should,

United States, United States

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17
Q

All plates coming into the possession of CHP offices shall be held for ____ days. Plates unclaimed after that period shall be delivered to the nearest DMV office. The DMV shall be advised that the plate had previously been reported as lost or stolen. No ____ is required if a license plate is recovered and no previous report of it having been lost or stolen is on record.

A

30, CHP 180,

18
Q

c. The CHP 180 (pages 2, 3, and 4), provides the RO and LO information regarding the post-storage hearing process. In order to be granted a post-storage hearing, the RO, LO, or their agent is required to request a hearing within ___ days of the date on the notice (refer to Chapter 1, CHP 180, Vehicle Report).

A

10,

19
Q

f. 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.

20
Q

(1) When the storage/impoundment is found to be valid, the owner has the following options:

P S A; DMV

A

(a) Pay* the towing and storage fees and retrieve the vehicle (if the vehicle has not been retrieved prior to the hearing).

(b) Allow the vehicle to be sold* to satisfy the lien pursuant to Section 22851 CVC (if the vehicle has not been retrieved prior to the hearing).

(c) Appeal* the decision through the departmental claims process on a CHP 287, Claims of $1,000 or Less, or through the Victim Compensation and Government Claims Board (VCGCB) if the claim is over $1,000 (refer to paragraph 3. below for Appeal Procedures).

NOTE: When a vehicle is lawfully stored/impounded by an officer based on Department of Motor Vehicles’ (DMV*) records (i.e., expired registration, suspended driver license) at the time of the enforcement contact and the RO, or their agent provides documentation indicating DMV’s records were incorrect or not updated, the RO or their agent will be directed to contact DMV at (800) 777-0133, or by mail at Department of Motor Vehicles, Legal Affairs Division, Legal Office, Third Floor, 2415 First Avenue, Sacramento, CA 95818, and file a claim through DMV for the reimbursement of towing and storage fees.

21
Q
  1. REVIEW AND PROCESSING.
    a. Valid - Vehicle Storage/Impound. The Area commander or designee shall review the completed CHP 422B and supporting documents (i.e., CHP 180, completed CHP 422C, registration, statements, photographs). 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 two years. The original and the remaining copy of the CHP 422B package shall be routed to the appropriate field Division within _____.
A

two,

five working days

22
Q

b. Invalid - Vehicle Storage/Impound. The Area commander or designee shall review the completed CHP 422B and supporting documents (i.e., CHP 180, towing and storage invoice, completed CHP 422C, registration, statements, photographs). The original signed CHP 422B package and ____ additional copies of the package shall be made. One copy of the CHP 422B package shall be retained at the Area office for two years. The original and two remaining copies of the CHP 422B package shall be routed to the appropriate field Division within ______

A

three,

five working days.

23
Q

(4) When an Area commander or scene manager makes a decision to by-pass the rotation tow list, it _____ be based on personal knowledge that the tow company requested to respond has the trained personnel and necessary equipment to ensure a timely and successful clean-up of the scene. At the completion of the call, the rotation tow list should always be adjusted to maintain the equity of the list.

A

Shall

24
Q

Field Officers/Scene Managers.
(1) _____ honor a driver’s/owner’s request for a specific tow company or motor club (i.e., American Automobile Association) unless it is not practical to do so (e.g., vehicle blocking a freeway off ramp), or a vehicle is stored/impounded pursuant to statute.

A

Shall

25
Q

(a) Section 21719 of the California Vehicle Code (CVC) permits a tow driver to utilize the right shoulder or center median to respond to a scene to remove an impediment under the following conditions:

I E S A

A

1 An officer is on scene and determines the impediment* is the cause of the traffic congestion.

2 The on scene-officer gives explicit* permission.

3 The tow truck driver does not operate on the shoulder or center median at a speed* greater than what is reasonable and prudent.

4 The flashing amber* warning lights are displayed.

26
Q

NOTE: An officer ____ request a specific class of tow truck (i.e., Class A, Class B, Class C, or Class D) since most officers are not trained or have the expertise to determine what class of tow truck is required to complete a service/recovery.

(5) ____ request a flatbed/car carrier tow truck, or auto loader, for vehicles which require recovery (e.g., overturned, down an embankment, or otherwise not upright).

A

should not,

Shall not,

27
Q

g. Field Officers/Scene Managers.

(8) Shall monitor ____, ____, ___, ___, ___, and report violations to the communications center at the time they occur.

(a) Any of these violations ____ be reported to the Area tow officer as soon as possible.

A

response times,
failures to respond,
dispatching of the wrong equipment,
dispatching of incompetent or unapproved drivers,
failures to perform the required service,

shall

28
Q

(8) Section 22651(h)(1) California Vehicle Code - Driver in Custody. Use this section to provide for the safekeeping of vehicles and the property they may contain. An officer may remove a vehicle when the driver or person in control of the vehicle is taken into custody.

(a) Officers ___ remove vehicles from private property if the property is owned, leased, or rented by the driver or person in control of the vehicle. This includes ______.

(b) Prior to the removal of a vehicle, consideration regarding community caretaking shall be made prior to its removal (e.g., vehicle is legally parked at the time of the enforcement contact or it is at a safe location; the vehicle may be secured at the scene). If the vehicle is in a high crime area or illegally parked, the vehicle may be removed.

A

shall not,

parking spaces at community parking facilities,
single family dwellings,
apartment complexes, etc., where the driver or person in control of the vehicle resides.

29
Q

e. Enforcement Action for Expired Partial Year Registration. Enforcement action for expired partial year registration shall be limited to the use of the dismissible infraction process for the first ____following the expiration date of any preceding partial year registration. After the first 20 days have passed and the vehicle is still being operated, a nondismissible citation ____ be issued for the violation of Section 4000(a)(1) CVC.

A

20 days,

should

30
Q

a. Prospective buyers may operate a special-plated, dealer-owned vehicle for demonstration for a reasonable period, not to exceed ____ provided the prospective buyer has not signed a purchase agreement, and there has been no deposit or down payment placed with the dealer. The prospective buyer shall have a letter of authorization from the dealer in the vehicle (this only applies when a salesperson is not present).

A

seven days

31
Q

A CHP 180, Vehicle Report, shall be completed for every vehicle which is stored or impounded. This includes ____.

b. Vehicles carried as cargo (e.g., vehicle on a car carrier, vehicle on bed of slide bed tow truck) are considered property; however, the license number, vehicle identification number (VIN), and description shall be documented in the “Remarks” section of the CHP 180.

(1) A boat on a trailer would be considered cargo and the boat’s hull identification number and/or California Fleet vessel number shall be documented in the Remarks section of the CHP 180.

A

each vehicle in a combination (i.e., truck tractor and trailer or vehicle pulling a trailer carrying a boat).

32
Q

b. Stolen or Embezzled Vessel Report. The preceding procedures for taking stolen or embezzled reports for vehicles also apply to boats with the following modification:

(1) Officer ____ take a stolen boat report only if a vessel is mounted upon a vehicle which has also been stolen. If only the vessel has been stolen, the reporting person ____ be referred to the appropriate allied agency to file a report. If the allied agency refuses to take a report, it may be taken by this Department. (Refer to Section 10551 CVC.)

(a) Use the ____ S case number for the vehicle or other vehicle (i.e., a trailer or camper) carrying the boat. A _____ CHP 180 is to be used for recording the theft of a vehicle and another CHP 180 for the vehicle carrying the boat.

(b) Use a _____ CHP 180 with another S case number for the boat/vessel in combination with a vehicle (i.e., jet skis, snowmobiles).

(c) Check the “Vessel As Load” box in the condition and inventory section of the report.

(d) All available pertinent information related to the trailer and boat, such as the make, model, length, color, registration number, R/O’s name and address, and hull identification number should be listed on the CHP 180 in the Stolen/Embezzled Narrative section.

(e) Separate entries are to be made in the SVS for the vehicle and trailer, and the Automated Boat System (ABS) for the boat. The SVS entry should refer to the ABS entry in the miscellaneous section and vice versa. All entries, updates, or cancellations related to stolen boats are to be entered into the ABS.

A

should, should

same, separate,

separate

33
Q

(2) When the storage/impoundment is found to be invalid (e.g., vehicle was not a traffic hazard, vehicle was parked on private property with expired registration), the Department is responsible for the towing and storage fees.

(a) If the vehicle is in storage, the hearing officer shall arrange for the immediate release of the vehicle to the RO, LO, or their agent. The tow company shall forward the invoice for the towing and storage fees to the responsible Area office and it will be paid through the CHP 422B process which includes the following:

1 A CHP 422B shall be completed describing in the Summary of Statements the reason(s) the towing and storage was invalid.

2 The amount of reimbursement (towing and storage fees) and to whom the payment should be made out to shall be included in the Summary of Finding on the CHP 422B.

3 The RO, LO, or their agent will be paid directly by the Department through the CHP 422B process.

4 Area commands ____ have the RO, LO, or their agent file a CHP 287 or VCGCB claim for a vehicle that was invalidly stored/impounded by the Department.

A

shall not

34
Q
  1. APPEAL PROCEDURES.
    a. Appeal Procedure - Valid Vehicle Storage/Impound. In those instances when the storage/impoundment is determined to be valid and a request is made by the RO, LO, or their agent to appeal the decision, Area personnel shall assist the RO, LO, or their agent by providing the following:

(1) For claims of less than $1,000, the RO, LO, or their agent shall be provided a CHP 287. This form is located in the Department’s forms library. The completed CHP 287 shall be transmitted by Area personnel within ____ to Risk Management Section, Risk Management Unit (RMU), and a “PCL Attorney Client Priv” entry into Blue Team (BT) shall also be made by a supervisor (the CHP 287 shall be scanned and attached to the BT entry and will qualify as the _____ RMU notification with the original CHP 287 routed to RMU). Copies of all reports, documents, photographs, video/audio tapes, etc., shall be scanned/attached to the BT entry (if there is a mobile video/audio recording system [MVARS] disk, it shall be mailed to RMU). The Area command shall include a recommendation in the BT “Summary of Incident” as to whether the claim should be allowed or denied and an explanation for the recommendation. The involved command shall not delay transmitting the claim pending completion of the BT entry (refer to Highway Patrol Manual 11.1, Administrative Procedures Manual, Chapter 8, Reports of Incidents - Potential Claims).

(2) Claims in excess of $1,000 shall be filed with the VCGCB. The claimant will complete a VCGCB claim online at www.vcgcb.ca.gov. If the claimant is unable to print the online form or does not have a computer, they may contact VCGCB at (800) 777-9229, and an application will be mailed to them. There will also be a $25 fee charged by the VCGCB for filing a claim. Risk Management Unit will notify the involved Area command when the claim is received at RMU and request a PCL Attorney Client Priv entry to be made into BT within ____, by a supervisor.

A

48 hours, 48 hours, 48 hours

35
Q

(1) Reporting Violations. If the driver of a school bus witnesses a violation of Section 22454(a) CVC, the driver should, within ____, report the violation to the law enforcement agency having jurisdiction where the offense occurred. Upon receiving notification of an alleged violation of Section 22454(a) CVC, the local law enforcement agency shall issue a warning letter to the registered owner of the vehicle. This warning letter must be prepared in accordance with guidelines established by the Attorney General (Section 22454[c] CVC). The California Highway Patrol (CHP) has created a form that meets the Attorney General’s requirements for a warning letter for the above violation. Therefore, when issuing a warning letter for violation of Section 22454(a) CVC, Areas shall utilize CHP 295B, Failure to Stop for Schoolbus [sic]. Refer to Annex A, Failure to Stop for Schoolbus.

A

24 hours

36
Q

b. Enforcement of Annual Registration Renewal. Enforcement of California registration renewal shall commence the day following expiration. When a vehicle is stopped for any other reason, appropriate registration enforcement action should be taken; however, vehicles should not be stopped solely for failure to display year-round registration indicia until _____.

A

the beginning of the second month following the month of expiration.

37
Q

t. Section 22655(a) 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.

(1) A supervisor’s approval ____ be obtained prior to impounding.

(2) The vehicle shall be released to the owner upon the expiration of ____ from its removal.
(a) Weekends and holidays are not included when determining the _____ period.

(3) Area commanders should ensure post-storage hearing opportunities are afforded to the RO or party of interest.

(4) The RO or agent is responsible for towing and storage fees.

(5) If the vehicle needs to be held as evidence, it may be retained under the authority of Section 22655.5 CVC.
(a) Notify the evidence officer to arrange transfer of the vehicle to the evidence contract provider, if applicable. Amend the CHP 180 following the procedures in Chapter 1 of this manual.

A

shall,

48 hours,

48 hour,

38
Q

v. Section 22655.5 California Vehicle Code - Vehicles Impounded for Evidence: Lien Charges.
(1) Section 22655.5(a) CVC allows for the removal of a vehicle found upon a highway or public or private property and the officer has probable cause to believe the vehicle was used as the means of committing a public offense, or a search warrant.
___
(a) District Attorney Notification. 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 ______ of the seizure, not including weekends or holidays.

A

72 hours

39
Q

(a) 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
  1. RECOVERY REPORTS.
    a. When a CHP 180 is prepared during the recovery of more than one stolen vehicle, a ____ CHP 180 shall be prepared for each vehicle recovered.
A

separate

41
Q

a. Stolen or Embezzled Vehicle Report.

(h) _____ S case number is required in multiple stolen vehicle situations. For example, when a combination of vehicles, such as a motor vehicle towing a house trailer is stolen at the same time, the same S case number is to be used on each CHP 180. (Refer to General Order [GO] 100.38, Assignment of Case Numbers, for the procedures concerning the assignment of case numbers.)

A

A single

42
Q

f. The Area office holding the original stolen or embezzled report, upon receipt of information from the recovering officer or allied agency, shall immediately notify the reporting party by telephone of the location and condition of the recovered vehicle. 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 _____, excluding holidays and weekends pursuant to Section 10500(a) CVC. (Refer to Annex B.)

A

24 hours