CPOLS Vehicle Removal

Question 1

22651(a) VC

Answer 1

When the vehicle is left unattended upon a bridge, viaduct or causeway, or in a tube or tunnel and constitutes an obstruction to traffic.

Question 2

22651(b) VC

Answer 2

When the vehicle is parked or left on a highway, obstructing normal movement of traffic, or in a condition as to create a hazard to other traffic. This includes vehicles involved in accidents and parked vehicles leaking hazardous materials.

Question 3

22651(c) VC

Answer 3

When the vehicle is found on a highway and has previously been reported stolen or embezzled.

Question 4

22651(d) VC

Answer 4

When the vehicle is illegally parked so as to block an entrance to a private driveway and it is impractical to move to another point on the highway.

Question 5

22651(e) VC

Answer 5

When the vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant and it is impracticable to
move.

Question 6

22651(f) VC

Answer 6

When the vehicle (except maintenance or construction equipment) is stopped, parked, or left standing for more than four hours on a “freeway,” and the driver, if present, cannot move the vehicle under its own power.

Question 7

22651(g) VC

Answer 7

When the person(s) in charge of a vehicle upon a highway or public lands is by reason of physical injuries or illness incapacitated to such an extent as to be unable to provide for its custody or removal. Note: This subdivision authorizes removal after an injury accident.

Question 8

22651(h)(1)VC

Answer 8

When the driver or person in control of the vehicle is arrested and taken into custody.

Question 9

22651(h)(2) VC

Answer 9

When an officer serves a notice of an order of suspension or revocation pursuant to section 13388 (the”Zero Tolerance” law) or section 13389. Case law provides that, although section 22651 statutorily authorizes impounds, an officer must have a justification for the impound that satisfies the “community caretaking” exception to the warrant requirement as well.

Question 10

22651(i) VC

Answer 10

When the vehicle, other than a rented vehicle, is found on a highway or any public lands, and the vehicle has been issued five or more parking citations without response to the agency responsible for processing parking tickets from the owner within 21 calendar days after notice of citation issuance or citation issuance, or 14 calendar days after a notice of delinquent parking.

Question 11

22651(j) VC

Answer 11

When the vehicle is illegally parked with no license plates or other evidence of registration. Note: The vehicle remains impounded until evidence of the person’s identity and an address in this state are produced.

Question 12

22651(k) VC

Answer 12

When the vehicle is parked and left standing 72 or more hours in violation of a local ordinance authorizing removal.

Question 13

22651(l) VC

Answer 13

When the vehicle is parked on a highway in violation of local ordinance prohibiting parking, and use of the highway is necessary for cleaning, repair, or construction or placing underground utilities, and signs are erected at least 24 hours prior to removal.

Question 14

22651(m) VC

Answer 14

When use of highway has been authorized by local authorities for parades, celebrations, fairs or movement of equipment, articles, or structures of unusual size, and signs are erected at least 24 hours prior to removal.

Question 15

22651(n) VC

Answer 15

When the vehicle is parked in violation of local ordinance prohibiting parking and authorizing removal, and signs giving notice of removal are posted.

Question 16

22651(o) VC

Answer 16

When the vehicle is found upon a highway, any public lands, or an offstreet parking facility (1) with a registration expiration date in excess of six months before the date of discovery; or (2) displaying a registration card, identification card, temporary receipt, licenses plate, registration sticker, Vehicle Code section 4853 device, or permit not issued for or lawfully used on the vehicle; or (3) displaying a false or forged registration card, identification card, temporary receipt, license plate, registration sticker, Vehicle Code section 4853 device, or permit.

Question 17

22651(p) VC

Answer 17

When the driver has been cited for having no driver’s license, or for driving with a suspended or revoked license (§§12500, 14601, 14601.1-14601.5, 14604) and the vehicle has not been impounded pursuant to section 22655.5 (i.e., located on a highway or public or private property, and was used to commit a public offense).

Question 18

22651(q) VC

Answer 18

When the vehicle is parked for more than 24 hours on a portion of highway located within a “common interest development” and signs have been posted.

Question 19

22651(r) VC

Answer 19

When the vehicle is illegally parked and blocks the movement of any legally parked vehicle.

Question 20

22651(s) VC

Answer 20

When the vehicle has been left standing for more than 10 hours within a roadside rest area or view area.

Question 21

22651(t) VC

Answer 21

When a peace officer issues a notice to appear for a violation of Vehicle Code section 25279 (vehicle owned by private security agency flashing amber warning lights where not permitted).

Question 22

22651(u) VC

Answer 22

When a peace officer issues a citation for a violation of Vehicle Code section 11700 and the vehicle is being offered for sale.

Question 23

22651(v) VC

Answer 23

When a mobile billboard advertising display violated a local resolution or ordinance and the registered owner previously was issued a warning citation.

Question 24

Any peace officer who is entitled to remove vehicles under section 22651 may also remove and impound any fleeing vehicle he or she has been pursuing if:

• it has been used in violation of sections 2800.1 and 2800.2;
• it has been abandoned and left unattended by the driver;
• the removal is for the purpose of investigating, identifying, or apprehending the driver;
• the vehicle has been abandoned on property that does not belong to the registered owner;
• the registered owner is not in the vehicle; and
• the driver is not apprehended before the tow truck arrives.

Answer 24

22651.7 VC

Question 25

You may remove a vehicle from an offstreet parking facility when the vehicle is known to have been issued five or more parking tickets over a period of five or more days to which the owner has not responded or when any vehicle is illegally parked so as to prevent the movement of a legally parked vehicle.

Answer 25

22651.3 VC Removal from Offstreet Parking Facility

Question 26

Upon the complaint of any person, a peace officer (as described in section 22651) may remove a vehicleparked within 500 feet of an occupied school, college or university during normal hours of operation, or a vehicle parked within a residence or business district from a highway or from public or private property if an alarm device or horn has been activated within the vehicle, the peace officer is unable to locate the owner of the vehicle within 20 minutes from the time of arrival at the vehicle’s location, and
the alarm device or horn has not been silenced prior to removal.
Note: Upon removal, you must notify the Stolen Vehicle System

Answer 26

22651.5 VC Removal of Vehicle with Sounding Alarm

Question 27

You may remove any vehicle that was used in a speed contest (Veh. Code, § 23109) as long as the driver was arrested and taken into custody immediately following the offense.

Answer 27

22651.6 VC Removal of Vehicles Used in Speed Contests

Question 28

Any peace officer (as defined in section 22651), or any city or county employee who is directing traffic or enforcing parking laws, may remove a vehicle parked on a highway or on public land when: (1) it appears that the primary purpose of parking the vehicle at that location is to advertise the private sale of the vehicle; (2) within the previous 30 days, the vehicle got a parking ticket, under local ordinance, which was accompanied by a specified notice warning of possible impoundment; (3) the parking ticket was issued at least 24 hours prior to removal; and (4) the city or county has an ordinance authorizing removal.

Answer 28

22651.9 VC Removal of Vehicle Used to Advertise its Sale

Question 29

Any peace officer (as described in section 22651) may remove a vehicle from private property when it has been reported stolen or embezzled. Any such officer may remove a vehicle from private property when it has been involved in an accident and no owner is available to grant permission for removal.
Note: This section does not authorize the removal of a vehicle where the owner has been contacted and has refused to grant permission to remove the vehicle.

Answer 29

22653 VC Removal from Private Property

Question 30

Any peace officer (as described in section 22651) may move a vehicle or require that it be moved:
- When left in violation of section 22500 or 22504 (if impracticable to move, the vehicle may be stored); - When parked in violation of a local ordinance to prevent flooding (may not be stored).

Answer 30

22654 VC Authorization for Moving a Vehicle

Question 31

Any peace officer (as described in section 22651) who has reasonable cause to believe that a motor vehicle on a highway or on private property open to the general public has been involved in a hit-and-run accident may remove the vehicle for the purpose of inspection. The vehicle shall be released after 48 hours upon demand of the owner. When determining the 48-hour period, weekends and holidays are excluded.
Note: This section does not authorize the removal of any vehicle from an enclosed structure on private property which is not open to the general public. In such cases, you should get a search warrant.

Answer 31

22655 VC Impounding Vehicle for Investigation

Question 32

You may seize a vehicle from any highway or public or private property in your jurisdiction if you have “probable cause” to believe that it was used as the means of committing a crime, or that it is itself evidence of a crime, or that it contains evidence of a crime which cannot be readily removed.
Note: If you observe someone driving a vehicle, and then determine that his license is suspended or revoked, the courts will figure that the vehicle “was used in the commission of a public offense”, and that therefore section 22655.5 permits you to impound it, even though the car is on private property,
such as a McDonald’s parking lot, at the time you are dealing with the driver. (Auer (1991) 1 Cal.App.4th 1664.)

Answer 32

22655.5 VC

Question 33

You may “immediately” remove a vehicle from “a highway or private or public property” when you have “reasonable grounds” to believe that it has been “abandoned.” To make this determination, you should consider the amount of time the vehicle has been there, its condition, statements from witnesses, etc. Even without actual “abandonment,” you are still authorized to remove a vehicle if:

• it is “parked, resting, or otherwise immobilized on any highway or public right-of-way;” and
• it is lacking “any part or equipment necessary to operate safely on the highway,” such as its engine, transmission, wheels, tires, door, windshield, etc.

Answer 33

22669 VC Removal of Abandoned or Stripped Vehicles

Question 34

Whenever an officer removes a vehicle from a highway, or from public or private property, unless otherwise provided, the officer shall take the vehicle to the nearest garage or other place of safety or to a garage designated or maintained by the governmental agency of which the officer is a member, wherethe vehicle shall be placed in storage. An inventory and storage report is recommended. The California Highway Patrol provides a form (CHP Form 180) for this purpose. This section requires you to obtain the amount of mileage on the vehicle at the time of removal.

Answer 34

22850 VC Storage of Vehicle

Question 35

Notwithstanding any other provision of law, a city, county, or city and county may adopt an ordinance establishing procedures for the abatement and removal, as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property, and for the recovery of the costs involved.

Answer 35

22660 VC Local Ordinances

Question 36

When you determine that a person was driving while his or her license was suspended or revoked, or without ever having been issued a license, you may either:
- immediately arrest the driver and have the vehicle impounded for 30 days; or
- if the vehicle was involved in a traffic collision, have it removed and impounded for 30 days without
actually arresting the unlicensed driver.
This section also sets out the circumstances under which the impounding (arresting) agency must release the vehicle to the registered owner or the owner’s agent before the 30-day period has run.
Note that this section does not apply where someone is driving on an expired license. In that situation,you may follow the usual section 22651 impound procedure, but you do not have this 30-day impound alternative.

Answer 36

14602.6 VC Immediate 30-Day Impound

Question 37

If you present a magistrate with an affidavit establishing probable cause to believe that a described vehicle was used in your presence to commit a violation of Vehicle Code sections 2800.1, 2800.2, 2800.3, or 23103 (fleeing or evading a peace officer, or reckless driving), the magistrate must issue a warrant or order authorizing any peace officer to immediately seize and remove the vehicle. A vehicleso seized may be impounded for up to 30 days.
This statute also sets out the related procedures for notification, early release of the vehicle, etc.

Answer 37

14602.7 VC Removal and Impound of Vehicle Used in Fleeing or Evading, or Reckless Driving