HPM 81.2 VEHICLE PROCEDURES MANUAL Flashcards
A CHP 180, Vehicle Report, _______ be completed for every vehicle which is stored or impounded. This includes each vehicle in a combination (i.e., truck tractor and trailer or vehicle pulling a trailer carrying a boat). (HPM 81.2, 1-3, 1a)
SHALL
Vehicles carried as cargo (e.g., vehicle on a car carrier, vehicle on bed of slide bed tow truck) are considered _______; however, the license number, vehicle identification number (VIN), and description shall be documented in the “Remarks” section of the CHP 180. (HPM 81.2, 1-3, b)
PROPERTY
A Communications Network message containing removal/impound authority, ownership information, and location of the removed/impounded vehicle, shall be completed and a copy ______ be attached to all CHP 180s. (HPM 81.2, 1-4, a)
SHALL
A CHP 180 may be amended to indicate a more appropriate removal/impound authority by the following procedure:
(1) The incorrect removal/impound authority ______ be lined out and the correct removal/impound authority written in.
(2) A brief memorandum describing the reason for the amendment shall be prepared and a copy attached to the CHP 180 (refer to Annex B).
(3) If notification to the registered owner (RO) or legal owner (LO) is required, the Department shall notify the RO or LO in writing of the removal/impound authority amendment (refer to Annex C).
(4) The Department shall notify and submit in writing a letter to the tow company the amended removal/impound authority (refer to Annex D). (HPM 81.2, 1-4, f)
SHALL
Section 22852 California Vehicle Code – Notice to Owner: Post-Storage Hearing. This section mandates the agency removing/impounding and storing a vehicle to ______ the RO and LO on record the opportunity for a post-storage hearing to determine the validity of the storage. (1) 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 48 hours, excluding weekends and holidays. (2) A post-storage hearing shall be conducted within __________ of the request and may be conducted in writing, person, or telephonically (refer to Chapter 4, Post-Storage Hearings, of this manual). (3) A failure of the RO, LO, or their agent to attend a scheduled hearing satisfies the post-storage hearing requirement pursuant to Section 22852(d) CVC. (HPM 81.2, 1-4, g)
NOTIFY / 48 HOURS
A CHP 180 which has been completed for a vehicle impounded as evidence pursuant to Section 22655.5 CVC shall be retained for ____ years unless court proceedings require the reports to be retained longer. In that event, the Area shall ensure that all court proceedings, criminal as well as civil, are adjudicated before removing a CHP 180 from the Area files. (HPM 8.1, 1-5, 2a)
TWO
Officers shall only appraise those vehicles which have been removed/impounded or stored by members of the Department. If the officer does not enter an estimated value of a vehicle in the Valuation By box of the CHP 180 within three days, the ___________, under penalty of perjury, is required to make such appraisal pursuant to Section 22670(b) CVC. (HPM 81.2, 1-6, 4, 5)
TOW OPERATOR
An inventory shall be conducted after the vehicle is in lawful custody. Lawful custody occurs when a vehicle is removed, impounded, or ______ by a member of the Department. (HPM 81.2, 1-6, 3a)
STORED
Departmental employees shall __________ the contents of all vehicles removed, impounded, or stored even if nothing of value is found. Additionally, any employee who actively participates in the inventory of a vehicle shall be noted by name and identification number, in the Remarks section of the CHP 180. (HPM 81.2, 1-7, 1)
INVENTORY
The release of a removed/impounded vehicle is contingent upon the statutory ___________ established by the removal/impound authority. (HPM 81.2, 1-8, 4a)
REQUIREMENTS
The RO and LO of record, or their agent has the right to a post-storage hearing to determine the ________ of the vehicle’s storage. (HPM 81.2, 1-8, 4a2)
VALIDITY
When a vehicle is released from storage/impound, copies of all pertinent documents shall be attached to the original CHP 180 and retained at the Area level. These documents include, but are not limited to: current________, ownership papers, Department of Motor Vehicle driver license printout, copy of the actual driver license, court documents, current proof of insurance, etc. (HPM 81.2, 1-8, 4a3a)
REGISTRATION
When the RO, LO, or agent’s authority is in question, a notarized, written _________ should be requested from the RO or LO stating the person is their agent. (HPM 81. 2, 1-8, 4a4)
CERTIFICATION
When the RO, LO, or agent’s identity is in question, a legally recognized ___________ should be requested. (HPM 81. 2, 1-8, 4a5)
PHOTO IDENTIFICATION
The departmental employee releasing the vehicle shall _______ the Signature of Person Authorizing Release box of the CHP 180 and provide a copy of the signed CHP 180 to the RO, LO, or agent for presentation to the storing tow company. (HPM 81. 2, 1-8, 4a6)
SIGN
A repossession agency does not include the following (Section 7500.3 B&P): 1) ________. 2) Licensed lending institutions. 3) Attorneys performing legal duties. 4) Legal owners of collateral which are subject to a security agreement. 5) Federal, state, or municipal officers or employees performing official duties. 6) A qualified certificate holder or registrant when performing services for, or on behalf of a repossession agency. (HPM 81.2, 1-10, c1a)
BANKS
To release a vehicle to a repossessor, the repossessor shall _____ all towing and storage fees and present a copy of the assignment, a valid repossession agency license, a government-issued photographic identification card (e.g., driver license), and any one of the following: (a) A certificate of repossession. (b) A security agreement. (c) The vehicle’s title showing proof of legal ownership. NOTE: Any of these documents may be originals, copies, facsimile copies, or transmitted electronically. The impounding agency shall not require any documents to be notarized. (HPM 1-11, 3abcNOTE)
PAY
Section 2814.2 California Vehicle Code - Vehicle Impoundment out of a Sobriety Checkpoint. If an officer encounters an ____________ (Section 12500 CVC) during a sobriety checkpoint, the officer shall do the following: (1) Make a reasonable attempt to identify the vehicle’s registered owner (RO). If the officer is able to identify the RO, the vehicle shall be released to a validly licensed RO or any licensed driver authorized by the RO. The RO or their agent has until the end of the checkpoint to remove the vehicle. (2) If a CHP 215, Notice to Appear, for Section 12500 CVC is issued and the vehicle is released to a licensed driver, the name and driver license number of the licensed driver to whom the vehicle was released to shall be listed on the officer’s copy of the CHP 215. (3) Upon completion of the checkpoint, the unlicensed driver’s vehicle may be impounded pursuant to Section 22651(p) CVC, whether or not a CHP 215 had been issued, or may be parked and locked in a secure location. (HPM 81.2, 2-3, 2a1-3)
UNLICENSED DRIVER
Section 9801(a)(1) California Vehicle Code - Department of Motor Vehicles Vehicle Seizure for Delinquent Registration. Any seizure made under this authority shall 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 vehicle seized pursuant to the authority of Section 9801(a)(1) CVC shall be ________ to the RO, legal owner (LO), or agent, without being sold if documentation from the Department of Motor Vehicles (DMV) is presented authorizing its release. (HPM 81.2, 2-4, b)
RELEASED
Whenever a vehicle or part has a vehicle identification number (VIN) obviously mutilated or removed and comes into the possession of an officer, it ________ be seized. A supervisor or vehicle theft investigator’s approval should be obtained prior to seizure. (HPM 81.2, 2-4, c)
SHOULD
A vehicle is subject to a 30-day impoundment when an officer encounters a driver under the following conditions: (a) A __________ 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. (HPM 81.2, 2-4, d1abc)
SUSPENDED
The following conditions must be met before impounding a vehicle pursuant to Section 14602.6(a)(1) CVC: (a) Officers shall issue a __________ 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 _________ 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. (HPM 81.2, 2abc)
CITATION / SUPERVISOR
A vehicle should not be subject to a _____________ under the following conditions:
(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. (HPM 81.2, 2-5, 3abc)
30-DAY IMPOUND
An impounded vehicle______ be released to a rental car agency. However, the rental car agency may not rent another vehicle to the driver of the seized vehicle until 30 days after the date the vehicle was seized. (HPM 81.2, 2-8, 8)
SHALL
Commanders _______ use discretion when releasing vehicles prior to the end of the 30-day period. All decisions shall ensure that the driver at the time of the impoundment does not have access to the vehicle for 30 days. Additionally, if the 30-day release falls on a weekend or holiday, arrangements shall be made for release to avoid an additional gate fee which could cost more than another day’s storage fee. (HPM 81.2, 2-18, 10)
SHALL
No vehicle _______ be released without presentation of the RO or agent’s valid driver license and proof of current vehicle registration to the storing agency. (HPM 81.2, 2-8, 12)
SHALL
Section 14602.7(a) California Vehicle Code - Vehicle Impoundment: Fleeing a Peace Officer/Reckless Driving. This section is employed when an officer presents 2-9 HPM 81.2 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 ________ or court order authorizing the removal and seizure of the vehicle. (HPM 81.2, 2-8,e)
WARRANT
If a driver is arrested for DUI who is unlicensed, suspended or revoked (suspension revocation meets the 30-day impoundment criteria), and has a confirmed DUI conviction within the past 10 years, Section _________________ would be the only impound authority written on the CHP 180. (HPM 81.2, 2-12,7)
14602.6(A)(1) CVC
A supervisor’s approval ______ be obtained prior to impounding. (HPM 81.2, 2-37,4)
SHALL
Vehicles impounded under the authority of a search warrant cannot be released except by a _______ __________, pursuant to Section 1536 Penal Code (PC). (HPM 81.2, 2-37,C(1))
COURT ORDER
If workload permits, and the location of the vehicle recovery is reasonably
close to the R/O and the R/O is able to respond to take possession of the vehicle within a reasonable period of time, an attempt __________ be made to release the vehicle to the R/O rather than storing the vehicle. When a vehicle is released to the R/O, a CHP 180 shall be completed and “Released to R/O” shall be indicated at the top of the CHP 180. Once completed, the R/O’s identification shall be verified and the R/O shall sign the CHP 180 in the “Signature of Person Taking Possession”
box. (HPM 81.2, 3-13,b3)
SHOULD
When a person is not contesting the validity of the storage/impoundment of the vehicle and is requesting the early release of the vehicle, use the _______________ and attach a copy of the completed ___________________ to the original CHP 180, Notice of Stored Vehicle (refer to Annex A). (HPM 81.4, 4-3,2b)
EARLY RELEASE LETTER
If the vehicle was impounded for Section 14602.6 CVC or another impound section, and was not released early, a CHP 422B, ______________________, shall be completed and the reason(s) for the non-release of the vehicle shall be included in the “Summary of Finding” on the CHP 422B. (HPM 81.4, 4-3,2b1)
VEHICLE STORAGE HEARING REPORT
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 ___________ of the date on the notice (refer to Chapter 1, CHP 180, Vehicle Report). (HPM 81.4, 4-3,C)
10 DAYS
When a person is contesting the validity of the storage/impoundment of the vehicle, the following procedures shall be followed:
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 _________of the date appearing on the notice. It is at the Area commander’s discretion to honor a request for a post-storage hearing request that is outside of the 10 days of the postmarked mailed notice.
The Area commander shall designate a _________ or __________ as the hearing officer. A hearing officer shall not be the same officer who stored/impounded the vehicle.
The hearing shall be conducted within ________ of the request, excluding weekends and holidays.
Failure to request a hearing or attend the scheduled hearing shall satisfy the requirements for a ___________________. (HPM 81.4, 4-3,D 1,2,3,4)
10 DAYS / LIEUTENANT OR SERGEANT / 48 HOURS / POST-STORAGE HEARING
The hearing officer shall use the CHP 422C, Post-Storage Hearing Checklist. The hearing shall be documented on a CHP ______ which is located in the Department’s forms library.
(1) Hearings should be held in a comfortable setting, free from interruption.
(2) The officer initiating the storage/impoundment need not be present.
(3) A suggested guide for conducting a hearing is contained in Annex B.
(4) The hearing officer is required to determine if the information validly supports the involved officer’s authority to store/impound the vehicle. (HPM 81.4, 4-4,e)
422B
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 ___ business days. (HPM 81.4, 4-4,f)
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When the storage/impoundment is found to be valid, the owner has the following options:
(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 ____, 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). (HPM 81.4, 4-4,f(1))
287
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 two 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 _____ working days. Division shall review the CHP 422B packages and place an “approval stamp” or mark “approved by” on the front of the CHP 422Bs. Division shall forward the reviewed CHP 422B packages to Research and Planning Section (RPS). Upon RPS’ review, the remaining copy of the CHP 422B package shall be retained at RPS for five years and the original CHP 422B package shall be forwarded to Legal Affairs Section (LAS), Legal Files. (HPM 81.4, 4-7,4a)
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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 three 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 _____ working days. Division shall review the CHP 422B packages and place an “approval stamp” or mark “approved by” on the front of the CHP 422Bs. Division shall forward the reviewed CHP 422B packages to RPS for final review. Upon RPS’ review, a copy of the CHP 422B package shall be retained at RPS for five years; the original CHP 422B package and one copy of the CHP 422B package shall be routed to Fiscal Management Section, Accounts Payable Unit, for payment; and the remaining copy of the CHP 422B package shall be forwarded to LAS, Legal Files. (HPM 81.4, 4-7,4b)
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