HPM 81.2 Vehicle Procedures Manual

Question 1

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

True or False

Answer 1

True

Chapter 1 p. 1-3

Question 2

A CHP 180 may be amended to indicate a more appropriate storage/impound authority…

True or False

Answer 2

True.
by the following procedure:

(1) The storage/impound authority shall be corrected by lining out the inappropriate section and replacing with the correct section.
(2) A brief memorandum describing the reason for the amendment shall be prepared and a copy attached to the CHP 180. (Refer to Annex C.)
(3) If notification to the registered owner (R/O) or legal owner (L/O) is required, the Department shall notify the R/O or L/O that the storage/impound authority was amended. (Refer to Annex D.)
(4) The Department shall request the tow company to amend the storage/impound authority. (Refer to Annex E.)
Chapter 1 p. 1-4

Question 3

Employees of this Department _____ inventory the contents of all vehicles stored or impounded even if nothing of value is found. Additionally, any employee who actively participates in the inventory of the vehicle _____ _____noted, by name and ID number, in the “Remarks” section of the CHP 180.

Answer 3

Shall/ shall be

Chapter 1 p. 1-6

Question 4

If the driver or other occupants in the vehicle request possession of some object from inside the vehicle (e.g., purse, clothing, backpack), the officer conducting the inventory may ___ ___ ____ ____ ___ _______ for the officer’s own safety before handing it over.

Answer 4

pat the item down for weapons

Chapter 1 p. 1-6

Question 5

A repossessed vehicle is exempt from registration for the sole purpose of transporting the vehicle from the point of repossession to the storage facility of the repossessor, and from the storage facility to the legal owner or to a licensed motor vehicle auction, provided that the repossessor transports the appropriate documents authorizing the repossession with the vehicle.
True or False

Answer 5

True

Chapter 1 p. 1-11

Question 6

Section 22852 VC requires that when a vehicle is stored or impounded as authorized by the VC, the registered owner (R/O) and legal owner (L/O) shall be notified in writing of the grounds for removal, the place of storage, and of their right to a post-storage hearing within __ days of the date appearing on the notice.

Answer 6

10

Chapter 2 p. 2-1

Question 7

The Notice of Stored Vehicle shall be sent within__ _____, excluding weekends and holidays.

Answer 7

48 hours

Chapter 2 p. 2-1

Question 8

When a vehicle is taken for the 30-day impoundment, what two things are required before it can be released?

Answer 8

No vehicle shall be released without presentation of the R/O or agents valid drivers license and proof of current vehicle registration to the storing agency.

Chapter 2 p. 2-4

Question 9

A ____day impoundment occurs when the driver has one prior DUI conviction within the preceding __ years and a __ day impoundment when the driver has ___ __ ____prior DUI convictions within the preceding __ years. Time shall be calculated from the arrest date (date of violation) which resulted in a conviction for 23140, 23152, or 23153 VC.

Answer 9

Five/ 10 / 15 / two or more / 10

Section 14602.8(a) VC – 5 or 15 Day Impoundment for Second or More Prior Driving Under the Influence (DUI) Convictions

Chapter 2 p. 2-6

Question 10

With respect to section 14602.8(a) VC – 5 or 15 Day Impoundment for Second or More Prior Driving Under the Influence (DUI) Convictions, what may be used in the event no immediate BAC results are available?

Answer 10

two BAC results of 0.10 percent or greater from a portable evidential breath testing (PEBT) device, set at “evidentiary mode,” may be used to establish vehicle impoundment under Section 14602.8(a) VC.

Chapter 2 p. 2-6

Question 11

An officer arrests a person for 23152 (a) VC who has a prior conviction for DUI within the past 10 years. The arrestee chooses a breath test. What are the impound authorities listed on the CHP 180?

Answer 11

If the driver chooses a breath test, the impound authorities listed on the CHP 180 would be Section 22651(h) and Section 14602.8(a) VC.

Chapter 2 p. 2-6

Question 12

With respect to the preceding question, what shall the arresting officer do prior to submission of the CHP 180 to the Area office?

Answer 12

The arresting officer shall line out the incorrect impound
authority on the CHP 180 prior to submission to the Area office and notify the communications center of the correct impound authority. The impound box shall be checked and the impound authority shall be listed on the CHP 180 as follows:
(a) 14602.8(a) VC – 5 days (1 conviction within the last 10 years)
(b) 14602.8(a) VC – 15 days (2 or more convictions within the last 10 years)

Chapter 2 p. 2-6

Question 13

With respect to section 14602.8(a) VC – 5 or 15 Day Impoundment for Second or More Prior Driving Under the Influence (DUI) Convictions, the Area office shall establish an SOP to ensure the tow company is notified within __ _____ of the correct impound authority for the CHP 180, Notice of Stored Vehicle.

Answer 13

24 hours

Chapter 2 p. 2-6

Question 14

Under what circumstances may an officer impound a vehicle for 23109.2 VC?

Answer 14

Because of the financial liability imposed upon the impounding agency by Section 23109.2 VC, members of this Department using Section 23109.2 VC as an impound authority shall use this section only if a flagrant violation has occurred and no other impound authority reasonably applies to the situation

Chapter 2 p. 2-27

Question 15

A supervisor’s approval should be obtained prior to impounding a vehicle pursuant to Section 23109.2 VC.

True or False

Answer 15

A supervisor’s approval shall be obtained prior to impounding a vehicle pursuant to Section 23109.2 VC.

Chapter 2 p. 2-27

Question 16

An officer is at the front counter of the area office when a woman (the registered owner) walks in and requests a report for an embezzled vehicle. What must she have before the report will be accepted?

Answer 16

Embezzlement reports will be accepted only after the registered owner (R/O) or legal owner (L/O) has obtained a warrant in accordance with the provisions of Section 10502 VC. Officers should assist embezzlement victims in contacting the district attorney to obtain any additional information required to evaluate the matter.

Chapter 3 p. 3-2

Question 17

Under what circumstances should an officer take a stolen boat report?

Answer 17

Officers should 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 should be referred to the appropriate allied agency to file a report. If the allied agency refuses to take the report, it may be taken by this Department.

Chapter 3 p. 3-7

Question 18

How long is an Area office required to maintain records of stolen vehicle and/or component parts?

Answer 18

Accurate records shall be maintained by each Area office covering all vehicles/components reported stolen to that office as mandated by NCIC and referenced in the CJIS Manual (Section 2.3.2 and 2.3.8). These records shall be keyed to both license number and VIN, or vehicle component serial or identification number, and shall be retained for a period of six years plus the current year.
Chapter 3 p. 3-7

Question 19

Which members of the Department are authorized to take a stolen plate report?

Answer 19

Stolen license plate reports may be taken by all departmental personnel. Departmental personnel taking reports of stolen license plates shall record on the CHP 180 the R/O of the vehicle and address of the person reporting the theft. The word “stolen” shall be printed to the left of the “plates report” box on the CHP 180 and the “plates report” box shall be checked.

Chapter 3 p. 3-10

Question 20

How many days does an R/O or Agent have to request a post-storage hearing?

Answer 20

In order to be granted a post-storage hearing, the owner or their agent is required to request the hearing within 10 days of the date on the notice.

Chapter 4 p. 4-1

Question 21

Can the Area commander designate a sergeant as a post-storage hearing officer?

Answer 21

Yes. The Area commander shall designate a lieutenant or sergeant as the hearing officer.

Chapter 4 p. 4-1

Question 22

Per departmental policy, what is the hearing officer’s responsibility?

Answer 22

The hearing officer is limited to finding the storage/impound as lawful or unlawful.

Chapter 4 p. 4-2

Question 23

The Area shall mark the CHP 180 and tow invoices for vehicles impounded as evidence under Section 22655.5 VC by writing object code ________ in ___ ink on the top right-hand corner of each document. This will enable Accounting Section to identify those invoices as evidence-related impounds.

Answer 23

“535.05”/ red

Chapter 6 p. 6-8

Question 24

What is the purpose of the Tow Service Agreement (TSA)?

Answer 24

The purpose of the Tow Service Agreement (TSA) (CHP 234) is to ensure that members of the motoring public are protected by policies that ensure ethical and fair business practices on the part of private towing companies utilized by the California Highway Patrol (CHP).

Chapter 7 p. 7-1

Question 25

Areas shall perform criminal history checks on all tow company operators and drivers (operating under the TSA).

True of False

Answer 25

True.

Chapter 7 p. 7-5

Question 26

A tow operator arrives at the scene of a traffic collision with inadequate equipment to complete the task. The officer dismisses the tow operator and requests the next tow in the rotation. Per policy, does the dismissed tow go to the top or bottom of the rotation?

Answer 26

This dismissed operator should be returned to the top of the list.

Chapter 7 p. 7-6

Question 27

An Area tow officer conducts an investigation of a complaint received by a citizen of a CHP rotation tow operator for a non-criminal matter. Within how many days shall the tow operator be notified of the findings of the investigation?

Answer 27

The tow operator shall be notified in writing of the findings (non-criminal investigations) within 30-calendar days following completion of the complaint investigation.

Chapter 7 p. 7-6

Question 28

Will a tow driver who has been convicted of misdemeanor DUI be denied as a rotation tow driver?

Answer 28

Only if the DUI occurred while responding to a CHP call for service. Any felony conviction of the tow operator or employees involving stolen or embezzled vehicles, fraud related to the towing business, stolen or embezzled property, crimes of violence, drug related offenses, felony DUI, misd. DUI involved in a CHP rotation tow call, or moral turpitude shall be cause for denial of application or termination of the TSA.
Chapter 7 p. 7-28

Question 29

When completing the CHP 180, an officer may rely upon the registration card found in the vehicle when the information on the registration card matches the vehicle (i.e. plate and VIN match).

True of False

Answer 29

False.
Obtain the names and addresses of the R/Os and (L/O) by requesting a registration check from the appropriate communications center…The reporting officer or employee shall not rely on registration cards found in the vehicle.

Annex D p. D-3

Question 30

When a vehicle not registered in California is removed from a highway or from public property for storage and the required notification to the owner was not successful, the agency storing the vehicle must notify DOJ, SVS. The vehicle must be entered into the SVS as a “Stored Vehicle” or an “Impounded Vehicle.” Additionally, if the vehicle is not returned to the owner within ___ _____, this form shall immediately be forwarded to DOJ.

Answer 30

120 hours

Annex D p. D-12