Towing Issues: Drive Way Towing Question, private driveways, tow truck driver

Question
QUESTION: I belong to a HOA and we are in discussion about towing any cars parked in private driveways that hang over the driveway even by an inch.  Is this legal?

ANSWER: I really have no answer for this, as you know the "HOA's" do make the rules which are enforced inside their area of control.

Legal or not, it all depends on what you "FEEL IS RIGHT"

But I have to say that as a tow truck driver who has dealt with the issues before, remember that "WE ARE THE ONES GETTING YELLED AT, BEATEN UP, and even shot" when enforcing rules such as this one  you are looking at...

I think that REASONABLE REGULATIONS would be good. Remember that your vehicle might be the one towed for violations..

I know that sounds a bit rough but its a fact...

Now I would suggest that you do not allow the tow company to "cruise or patrol" the property looking for violations, as that does cause a lot more issues than it solves.


Now you also did not mention where you are at and I can not advise you of any state laws that would apply.

Hope this helps a bit


---------- FOLLOW-UP ----------

QUESTION: To follow up, I am in San Diego, California and I am the only person on the board opposed to this type of towing.  I was hoping to find some regulation or some facts that would help my stance that if a vehicle is in a driveway not blocking a sidewalk etc., it should not be towed.  Let me know if you have any other advise that would support not towing from a private driveway based on their vehicle hanging over the lip of the driveway by even an inch.  Thank you very much for your advise.
Michelle

Answer
I agree that it is a bad deal to consider this issue.  

Now that you have mentioned California as where this will happen I have to point you to the California DMV laws section which there about about 1000 rules and regulations regarding towing vehicles...

Pay attention to 22658 for one, as that covers a lot of issues..

http://www.dmv.ca.gov/pubs/vctop/d11/vc22658.htm

But I can not really point you in the correct direction as you will find that the rules are all over the place and being a "HOA" you also have some special rules which you have that you can apply..

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


just start browsing and you will find out what I am talking about.

Also there are other rules which apply in San Diego also which are city laws and such...