Vehicle impounding

[Bushranger]

I'm curious if you have something similar to our impounding powers. Ours have been introduced as an attempt to reduce our road toll and they seem to be working in reducing the traffic offences for which they are used to target.

Our anti-hoon legislation, broadly speaking, gives us power to impound vehicles for 48hrs on first offence, 3 months second offence, 6 months for third offence with an application to the court for forfeiture. Our anti-hooning includes offences such as racing, creating undue noise and smoke. All money raised from forfeiture go to the state.

Recently our impounding laws have been expanded to include offences which include unregistered cars, unlicensed driving and driving under the influence of alcohol or drugs. With these expanded powers, the offenders' first offence is recorded as a Zero offence against the driver. This Zero offence is the drivers' first and only warning and that the next time it happens, the car will be impounded for the previously mentioned periods, including forfeiture.

[David Hineline]

Community work gangs.

[LeanG]

Wow, our impounding (or lack of) policies are much more violator friendly....

[KenW.]

I think it boils down to our system of laws and the Constitution. In the U.S., people have the right to be secure in thier possessions.

It takes more to seperate a possession from its owner in the USA it seems, and I am happy about it.

[Fuzz]

We can impound for a variety of reasons including

1. driving without a valid license (possible 30 day impound)
2. registration expired over 6 months
3. driver arrested
4. driver involved in racing,etc (30 days)
5. driver arrested for reckless driving (30 days)
6. unpaid parking tickets
7. parked in certain areas illegally
8. alarm/horn sounding for a period of time without owner present
9. vehicle left on the street and not moved for over 72 hrs
10 used in a crime/evidence
11. and a few others I'm sure I'm forgetting


I'm sure there are a few others. We impound a huge amount of cars for license violations, registration and unpaid parking tickets.

[mdrdep]

From the California Vehicle Code. This is the primary towing authorities, however there are many more including 14602.6 CVC.


22651. A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly
employed and salaried employee, who is engaged in directing traffic
or enforcing parking laws and regulations, of a city, county, or
jurisdiction of a state agency in which a vehicle is located, may
remove a vehicle located within the territorial limits in which the
officer or employee may act, under the following circumstances:
(a) When a vehicle is left unattended upon a bridge, viaduct, or
causeway or in a tube or tunnel where the vehicle constitutes an
obstruction to traffic.
(b) When a vehicle is parked or left standing upon a highway in a
position so as to obstruct the normal movement of traffic or in a
condition so as to create a hazard to other traffic upon the highway.

(c) When a vehicle is found upon a highway or public land and a
report has previously been made that the vehicle is stolen or a
complaint has been filed and a warrant thereon is issued charging
that the vehicle is embezzled.
(d) When a vehicle is illegally parked so as to block the entrance
to a private driveway and it is impractical to move the vehicle from
in front of the driveway to another point on the highway.
(e) When a vehicle is illegally parked so as to prevent access by
firefighting equipment to a fire hydrant and it is impracticable to
move the vehicle from in front of the fire hydrant to another point
on the highway.
(f) When a vehicle, except highway maintenance or construction
equipment, is stopped, parked, or left standing for more than four
hours upon the right-of-way of a freeway that has full control of
access and no crossings at grade and the driver, if present, cannot
move the vehicle under its own power.
(g) When the person in charge of a vehicle upon a highway or
public land is, by reason of physical injuries or illness,
incapacitated to an extent so as to be unable to provide for its
custody or removal.
(h) (1) When an officer arrests a person driving or in control of
a vehicle for an alleged offense and the officer is, by this code or
other law, required or permitted to take, and does take, the person
into custody.
(2) When an officer serves a notice of an order of suspension or
revocation pursuant to Section 13388.
(i) (1) When a vehicle, other than a rented vehicle, is found upon
a highway or public land, or is removed pursuant to this code, and
it is known that the vehicle has been issued five or more notices of
parking violations to which the owner or person in control of the
vehicle has not responded within 21 calendar days of notice of
citation issuance or citation issuance or 14 calendar days of the
mailing of a notice of delinquent parking violation to the agency
responsible for processing notices of parking violation or the
registered owner of the vehicle is known to have been issued five or
more notices for failure to pay or failure to appear in court for
traffic violations for which a certificate has not been issued by the
magistrate or clerk of the court hearing the case showing that the
case has been adjudicated or concerning which the registered owner's
record has not been cleared pursuant to Chapter 6 (commencing with
Section 41500) of Division 17, the vehicle may be impounded until
that person furnishes to the impounding law enforcement agency all of
the following:
(A) Evidence of his or her identity.
(B) An address within this state at which he or she can be
located.
(C) Satisfactory evidence that all parking penalties due for the
vehicle and all other vehicles registered to the registered owner of
the impounded vehicle, and all traffic violations of the registered
owner, have been cleared.
(2) The requirements in subparagraph (C) of paragraph (1) shall be
fully enforced by the impounding law enforcement agency on and after
the time that the Department of Motor Vehicles is able to provide
access to the necessary records.
(3) A notice of parking violation issued for an unlawfully parked
vehicle shall be accompanied by a warning that repeated violations
may result in the impounding of the vehicle. In lieu of furnishing
satisfactory evidence that the full amount of parking penalties or
bail has been deposited, that person may demand to be taken without
unnecessary delay before a magistrate, for traffic offenses, or a
hearing examiner, for parking offenses, within the county in which
the offenses charged are alleged to have been committed and who has
jurisdiction of the offenses and is nearest or most accessible with
reference to the place where the vehicle is impounded. Evidence of
current registration shall be produced after a vehicle has been
impounded, or, at the discretion of the impounding law enforcement
agency, a notice to appear for violation of subdivision (a) of
Section 4000 shall be issued to that person.
(4) A vehicle shall be released to the legal owner, as defined in
Section 370, if the legal owner does all of the following:
(A) Pays the cost of towing and storing the vehicle.
(B) Submits evidence of payment of fees as provided in Section
9561.
(C) Completes an affidavit in a form acceptable to the impounding
law enforcement agency stating that the vehicle was not in possession
of the legal owner at the time of occurrence of the offenses
relating to standing or parking. A vehicle released to a legal owner
under this subdivision is a repossessed vehicle for purposes of
disposition or sale. The impounding agency shall have a lien on any
surplus that remains upon sale of the vehicle to which the registered
owner is or may be entitled, as security for the full amount of the
parking penalties for all notices of parking violations issued for
the vehicle and for all local administrative charges imposed pursuant
to Section 22850.5. The legal owner shall promptly remit to, and
deposit with, the agency responsible for processing notices of
parking violations from that surplus, on receipt of that surplus, the
full amount of the parking penalties for all notices of parking
violations issued for the vehicle and for all local administrative
charges imposed pursuant to Section 22850.5.
(5) The impounding agency that has a lien on the surplus that
remains upon the sale of a vehicle to which a registered owner is
entitled pursuant to paragraph (4) has a deficiency claim against the
registered owner for the full amount of the parking penalties for
all notices of parking violations issued for the vehicle and for all
local administrative charges imposed pursuant to Section 22850.5,
less the amount received from the sale of the vehicle.
(j) When a vehicle is found illegally parked and there are no
license plates or other evidence of registration displayed, the
vehicle may be impounded until the owner or person in control of the
vehicle furnishes the impounding law enforcement agency evidence of
his or her identity and an address within this state at which he or
she can be located.
(k) When a vehicle is parked or left standing upon a highway for
72 or more consecutive hours in violation of a local ordinance
authorizing removal.
(l) When a vehicle is illegally parked on a highway in violation
of a local ordinance forbidding standing or parking and the use of a
highway, or a portion thereof, is necessary for the cleaning, repair,
or construction of the highway, or for the installation of
underground utilities, and signs giving notice that the vehicle may
be removed are erected or placed at least 24 hours prior to the
removal by local authorities pursuant to the ordinance.
(m) Wherever the use of the highway, or a portion of the highway,
is authorized by local authorities for a purpose other than the
normal flow of traffic or for the movement of equipment, articles, or
structures of unusual size, and the parking of a vehicle would
prohibit or interfere with that use or movement, and signs giving
notice that the vehicle may be removed are erected or placed at least
24 hours prior to the removal by local authorities pursuant to the
ordinance.
(n) Whenever a vehicle is parked or left standing where local
authorities, by resolution or ordinance, have prohibited parking and
have authorized the removal of vehicles. A vehicle may not be removed
unless signs are posted giving notice of the removal.
(o) (1) When a vehicle is found or operated upon a highway, public
land, or an offstreet parking facility under the following
circumstances:
(A) With a registration expiration date in excess of six months
before the date it is found or operated on the highway, public lands,
or the offstreet parking facility.
(B) Displaying in, or upon, the vehicle, a registration card,
identification card, temporary receipt, license plate, special plate,
registration sticker, device issued pursuant to Section 4853, or
permit that was not issued for that vehicle, or is not otherwise
lawfully used on that vehicle under this code.
(C) Displaying in, or upon, the vehicle, an altered, forged,
counterfeit, or falsified registration card, identification card,
temporary receipt, license plate, special plate, registration
sticker, device issued pursuant to Section 4853, or permit.
(2) When a vehicle described in paragraph (1) is occupied, only a
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.

(3) For the purposes of this subdivision, the vehicle shall be
released to the owner or person in control of the vehicle only after
the owner or person furnishes the storing law enforcement agency with
proof of current registration and a currently valid driver's license
to operate the vehicle.
(4) As used in this subdivision, "offstreet parking facility"
means an offstreet facility held open for use by the public for
parking vehicles and includes any publicly owned facilities for
offstreet parking, and privately owned facilities for offstreet
parking where a fee is not charged for the privilege to park and
which are held open for the common public use of retail customers.
(p) When the peace officer issues the driver of a vehicle a notice
to appear for a violation of Section 12500, 14601, 14601.1, 14601.2,
14601.3, 14601.4, 14601.5, or 14604 and the vehicle is not impounded
pursuant to Section 22655.5. A vehicle so removed from the highway
or public land, or from private property after having been on a
highway or public land, shall not be released to the registered owner
or his or her agent, except upon presentation of the registered
owner's or his or her agent's currently valid driver's license to
operate the vehicle and proof of current vehicle registration, or
upon order of a court.
(q) Whenever a vehicle is parked for more than 24 hours on a
portion of highway that is located within the boundaries of a common
interest development, as defined in subdivision (c) of Section 1351
of the Civil Code, and signs, as required by Section 22658.2, have
been posted on that portion of highway providing notice to drivers
that vehicles parked thereon for more than 24 hours will be removed
at the owner's expense, pursuant to a resolution or ordinance adopted
by the local authority.
(r) When a vehicle is illegally parked and blocks the movement of
a legally parked vehicle.
(s) (1) When a vehicle, except highway maintenance or construction
equipment, an authorized emergency vehicle, or a vehicle that is
properly permitted or otherwise authorized by the Department of
Transportation, is stopped, parked, or left standing for more than
eight hours within a roadside rest area or viewpoint.
(2) For purposes of this subdivision, a roadside rest area or
viewpoint is a publicly maintained vehicle parking area, adjacent to
a highway, utilized for the convenient, safe stopping of a vehicle to
enable motorists to rest or to view the scenery. If two or more
roadside rest areas are located on opposite sides of the highway, or
upon the center divider, within seven miles of each other, then that
combination of rest areas is considered to be the same rest area.
(t) When a peace officer issues a notice to appear for a violation
of Section 25279.

[Bushranger]

Thanks for your feedback.

[KenW.]

The great, long, post above does give great powers to police.

My state's laws allow a LEO to MOVE, or take into SAFE-KEEP, a vehicle meeting many of the descriptions.

A state impound is another matter. DUI, stolen, expired reg over three months, involved in a crime, and some others.

[PeteBroccolo]

Saskatchewan's traffic law authorizes seizing / impounding for 4 different reasons:
- 1/ after a collision to ensure proof of insurance (USUALLY only for out-of-Province vehicles, as our vehicle registration IS our insurance);
- - I have dealt with these, but not for many years. Release is immediate upon proof of insurance;
- 2/ frequent driving / stopping in the hooker-stroll area (mainly in the 2 big cities);
- - I have never dealt with these, but I believe that the "client" has to attend "John" re-education;
- 3/ caught driving while suspended / disqualified / prohibited (Criminal Code or Provincial Statute) or driver's licence not valid AND the Province has "flagged" the "client's" driving record for impound;
- - I have dealt with these A LOT. It does NOT matter who owns the vehicle, nor who else is in the vehicle at the time. NOTHING can be removed from the vehicle EXCEPT a device that a physically-challenged person requires to operate a vehicle (typically, hand-controls) and any child safety seat (rear or forward facing), meaning even food, clothing or anything else not being worn stays in the vehicle. The plates can not be removed, nor registered owner be changed. The owner, or driver, can appeal the impound, but have to pay a $100 fee to have a conference phone call hearing. If they lose the appeal, they lose $100; if they win, they get back $50 plus a get-out-of-impound certificate;
- 4/ committing any other offence OR leaving the vehicle parked in such a manner to be a hazard (usually unlit obstruction on a highway outside of a hamlet, village, town or city)
- - My partners and I have been using this A LOT lately. Either we never took advantage of this before, or the government just started reminding us to use it, or it is new. Either way, we fax in the seizure form with circumstances to the appeal board, and THEY decide when the vehicle is released. We have been getting 1, 2, 2.5 & 3 month seizure orders.

The "client" is responsible to pay ALL tow & storage costs BEFORE retrieving the vehicle after ANY of the above seizures. Failure to pay the costs result in the tow company selling the vehicle to pay for the costs and turning the licence plates back to the issuer.

[fordman318]

...........

[KenW.]

I think our defenitions are twisted up.

Impound to me, is a siezure of a vehicle. May be released to the owner after clearance from the State and payment of fees.

Safe-Keep, is having it towed away for safety reasons. State is not involved.

[rubyrose]

In addition to other reasons, officers in my city may also order towing of a vehicle that has violated the city's noise ordinance, to wit:

If you can hear electronically produced sound (car stereo for example), emanating from a vehicle over 50 feet away, that vehicle is in violation of the Noise Ordinance. A Police Officer who sees this violation can stop the vehicle and cite the driver for a violation of the noise ordinance ($100 ticket). The Officer can also tow the vehicle to the pound and force the owner to pay an additional ($100+) tow fee. If the owner does not pick up the vehicle in a timely manner, he/she will incur added storage fees for that
vehicle.

This noise ordinance has contributed significantly to improved quality of life. There are still areas and occasions when people ignore it (particularly in areas where people are afraid to call the PD about it), but for the most part it's made a huge difference.

And yes, violation of the noise ordinance is a 911 call.

[Mrs. Hoppes]

In addition to other reasons, officers in my city may also order towing of a vehicle that has violated the city's noise ordinance, to wit:

If you can hear electronically produced sound (car stereo for example), emanating from a vehicle over 50 feet away, that vehicle is in violation of the Noise Ordinance. A Police Officer who sees this violation can stop the vehicle and cite the driver for a violation of the noise ordinance ($100 ticket). The Officer can also tow the vehicle to the pound and force the owner to pay an additional ($100+) tow fee. If the owner does not pick up the vehicle in a timely manner, he/she will incur added storage fees for that
vehicle.

This noise ordinance has contributed significantly to improved quality of life. There are still areas and occasions when people ignore it (particularly in areas where people are afraid to call the PD about it), but for the most part it's made a huge difference.

And yes, violation of the noise ordinance is a 911 call.

Can I just say I love this? When we lived in the city, cars would go by that had the radios so loud the windows would shake. There was not a thing we could do about it.

[Bushranger]

Can I just say I love this? When we lived in the city, cars would go by that had the radios so loud the windows would shake. There was not a thing we could do about it.

Over here if we receive a complaint from the public about excessive noise from a cars' stereo, we can issue the driver or person in control of that car a noise abatement direction. The driver is also informed of the consequences of failing to abide by the direction - Seizure of the car for 12hrs or any component of that cars' stereo to prevent the offence occurring again and the driver can go to the station in 12hrs to claim his property.

Regarding all feedback, thanks a lot and I see impound laws vary from state to state over there, much like they vary over here. Can you obtain a court order for the car to be forfeited to the state when they are involved in repeat traffic offences?

[cottonwood 41]

8. alarm/horn sounding for a period of time without owner present

What section warrants this? I couldn't find it in 22651. We have a guy that calls on his neighbor daily for this, and its never going off when I'm there so I usually just throw a three day notice with a hand-written note on it.