Towing Issues: Confronting tow truck, california dmv, lawful location

Question
Hi my name is Eleanor and my question pertains to CA towing laws.  A couple of days ago, a tow truck guy was towing my car away because the manager of the apartment said we were in violation of the parking laws by having a seemingly non functional car park for long periods of time.  My question is this, if the tow truck guy is confronted is he supposed to drop the the car so that the residents can take care of the issue or is he allowed to drive off with the car?

Answer
well section 22658 of the California DMV laws, does have a section of it which deals with "releases at scene" of vehicles being towed...

But it also depends on how much it is hooked up, and if it is in "motion" or not. Also did you pay the amount owed, or did you tell them no way. Each as an affect as to the outcome.

here is part of it.

(B) Upon the request of the owner of the vehicle or that owner’s agent, the towing company or its driver shall immediately and unconditionally release a vehicle that is not yet removed from the private property and in transit.

(C) A person failing to comply with subparagraph (B) is guilty of a misdemeanor.

(2) If a vehicle is released to a person in compliance with subparagraph (B) of paragraph (1), the vehicle owner or authorized agent shall immediately move that vehicle to a lawful location.

(h) A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner, the owner’s agent, or the person in lawful possession of the private property pursuant to this section if the owner of the vehicle or the >vehicle owner’s agent returns to the vehicle after the vehicle is coupled to the tow truck by means of a regular hitch, coupling device, drawbar, portable dolly, or is lifted off the ground by means of a conventional trailer, and before it is removed from the private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit.

(i) (1) (A) A charge for towing or storage, or both, of a vehicle under this section is excessive if the charge exceeds the greater of the


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