Towing Issues: chp towed my vehicle off freeway, dmv ca, gov pubs


Question
just got a 1981 corvette. had temp registration sticker in window good until end of august. car broke down on freeway rural area about 2am. got back to car around 7:30am. car was gone. Ca CHP towed away. said towed for non registration? cost to get car is around $500+ climbing daily. I don't like the idea that if your vehicle breaks down on freeway your car can be held hostage for ransom. Tow company seems more interested in keeping the car than trying to give it back. Not sure why my car breaking down turns me into a criminal of some type and must be punished. Any thoughts? recourse? I also get the impression that if I say cant tow because it was registered So shouldn't have to pay they will come back and tell me you cant leave vehicle on freeway period. Basically its a Pay up and shut up attitude at the moment. Any legal time limits?

Answer
I am not sure why if the tag is a temp one that they call it non registered, but again you are dealing with California...

Now as to the price, CHP determines the rates in each of its "Districts" and the tow companies charge those rates. Storage is done the same way and yes it goes up daily.   

Now I am not sure why you think that you are a "CRIMINAL" for leaving the vehicle on the freeway and posing a traffic hazard and a potential target for vandals and thieves. But that is mainly the reason it gets towed quickly in most cases.

Now you as the vehicle owner are liable for towing and storage fees, and you do have to pay them in order to get the vehicle back. But I think that in California you can ask for a hearing on the tow to see if it was legal. Not sure on it, but seen that somewhere in the laws before but can not find it right now.

Below is the rules on parking on the freeway for disabled vehicles.   

Also check out the general section and run down the sections to see if you can find any laws or things with can help you with the issue.

http://www.dmv.ca.gov/pubs/vctop/vc/vc.htm


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Stop, Park, or Leave Standing Upon a Freeway
21718.  (a) No person shall stop, park, or leave standing any vehicle upon a freeway which has full control of access and no crossings at grade except:

(1) When necessary to avoid injury or damage to persons or property.

(2) When required by law or in obedience to a peace officer or official traffic control device.

(3) When any person is actually engaged in maintenance or construction on freeway property or any employee of a public agency is actually engaged in the performance of official duties.

(4) When any vehicle is so disabled that it is impossible to avoid temporarily stopping and another vehicle has been summoned to render assistance to the disabled vehicle or driver of the disabled vehicle. This paragraph applies when the vehicle summoned to render assistance is a vehicle owned by the donor of free emergency assistance that has been summoned by display upon or within a disabled vehicle of a placard or sign given to the driver of the disabled vehicle by the donor for the specific purpose of summoning assistance, other than towing service, from the donor.

(5) Where stopping, standing, or parking is specifically permitted. However, buses may not stop on freeways unless sidewalks are provided with shoulders of sufficient width to permit stopping without interfering with the normal movement of traffic and without the possibility of crossing over fast lanes to reach the bus stop.

(6) Where necessary for any person to report a traffic accident or other situation or incident to a peace officer or any person specified in paragraph (3), either directly or by means of an emergency telephone or similar device.

(7) When necessary for the purpose of rapid removal of impediments to traffic by the owner or operator of a tow truck operating under an agreement with the Department of the California Highway Patrol.

(b) A conviction of a violation of this section is a conviction involving the safe operation of a motor vehicle upon the highway if a notice to appear for the violation was issued by a peace officer described in Section 830.1 or 830.2 of the Penal Code.

Added Sec. 17, Ch. 945, Stats. 1997. Effective January 1, 1998.