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
