Questionhttp://www.dmv.ca.gov/pubs/vctop/d11/vc22658.htm
http://www.dmv.ca.gov/pubs/vctop/d11/vc22500_1.htm
I have read the CA VC on Removal from Private Property, as well as the section on Fire Lane designation.
My car was _barely_ poking over into the red curb (I know, a little == a lot == busted) in an apartment complex. The 'fire lane' that I was edging into was not following code: the nearest Fire Lane sign was waaaay around the corner with no red curb anywhere near it, and there was no Fire Lane stencil on the curb itself, or the street immediately next to it. The tow company is arguing that red curb == fire lane and 'everyone' knows it, so it doesn't matter if the proprietor is not engaging in the proper upkeep of the lane designation.
California tow truck drivers can use blanket authorizations only to tow vehicles parked in fire lanes, blocking fire hydrants, or entry/exit to the property. If it was reasonable for me to assume that the red curb did not mean fire lane (since red curb is used for many other things), then do I have a small claims court case for asserting that it was an illegal tow, since they did not obtain verbal/written authorization from the proprietor?
The red curb itself is next to a single car parking garage, which is why I would argue that it is reasonable to assume that it is not a fire lane.
AnswerWell I am sure that I can not really answer this question in a manner that will help you with this issue.
Yes you can take it to small claims court and while you might think you have a good case, the documentation will be the key.
In California now the tow company is supposed to take a picture(s) of the vehicle while in violation of the rules or parking laws.
That will be a big problem you have to overcome in your case.
Now in regards to the red curbs and "marking them", I do have to say that it does not have to be every 10 feet or so, but then again any painted markings on the ground in roadway - traffic does tend to wear out.
I like to use speed limit signs as an example. You do not see a speed limit sign every block or mile, but then again when you come into a town or leave it where do you think that the "posted limit" takes effect. Is it at the physical sign, or when you can see it ?
Now as to "upkeep" that can be either the tow company or the property owner, and each of them really do not (in most cases) take care of them at times. Yes some places really do care and keep up on it, but it gets hard at times.
Now as to the "overhang" of the vehicle into the red zone it gets a bit on the nitpicking side I feel at times. 1 inch is a bit of overkill but then again you have to realize that the law is the law.
Drinking and driving is illegal in every state, but while we know that it is supposed to be for alcohol the law generally reads "open container" Is your coffee an open container or what about your soda?
But I think that you will not have a good chance, cause most everyone knows that red means NO or STOP.
Red curbs are and have always been associated with "no parking" in almost every city - state for a very long time. Its not something that was just decided.
