1 RICHARD A. LEVINE, ESQ.

(CSB # 091671)
SILVER, HADDEN, SILVER, WEXLER & LEVINE
2 1428 Second Street; Suite 200
P.O. Box 2161
3 Santa Monica, CA 90407-2161
(310) 393-1486
4 (310395-5801 (FAX)
5 Attorneys for Plaintiff Los Angeles Police Protective League
6
7
8
9
SUPERIOR COURT OF THE STATE OF CALlFORNIA
FOR THE COUNTY OF LOS ANGELES
10
LOS ANGELES POLICE PROTECTIVE
11 LEAGUE,
12 Plaintiff,
13 vs.
14 CITY OF LOS ANGELES, a municipal
corporation; CHARLES BECK, Chief of
15 Police, City of Los Angeles; and DOES I
through XX, inclusive,
16
Defendants.
) Case No.:
)
) COMPLAINT FOR DECLARATORY
) RELIEF rc.C.p. 1060]; COMPLAINT
) FOR INJUNCTIVE RELIEF [C.c.P.
) 526]
)
) [UNLIMITED CIVIL ACTION]
)
)
)
)
)
)
17
18
-------------------------)
19 FIRST CAUSE OF ACTION
20 For a First Cause of Action by Plaintiff Los Angeles Police Protective League against
21 Defendants, City of Los Angeles, Charles Beck, Chief of Police for the City of Los Angeles and
22 Does I through XX, inclusive, for Declaratory Relief, Plaintiff alleges as follows:
23 1. At all times mentioned herein, Defendant City of Los Angeles was organized and
24 existing under the laws of the State of California and a local authority within the meaning of
25 California VehiCle Code Section 21 and employed peace officers in the Los Angeles Police
26 Department for the enforcement of California Vehicle Code and local ordinances and enactments
27 respecting the regulation and control of motor vehicles.
28
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
1
1 2. Defendant, Charles Beck, at all tjmes mentioned herein was the Chief of Police for the
2 Defendant City of Los Angeles and charged with the general supervision, administration and
3 management of the Los Angeles Police Department.
4 3. At all times mentioned herein, Does 1 t11Iough XX, inclusive, were the agents, servants
5 and employees of Defendant City of Los Angeles, and doing the things hereinafter alleged were
6 acting within the scope of their authority as such agents, servants and employees with the
7 permission and consent of Defendant City. Plaintiff will amend this Complaint to allege the true
8 names and capacities of Does I through XX, inclusive, when ascertained.
9 4. Plaintiff, Los Angeles Police Protective League (hereinafter referred to as "Plaintiff'
10 or the "League") is, and all times mentioned herein was, an employee organization as defined in
n Government Code Section 3500 et seq, recognized to represent all police officers, police
12 detectives, sergeants and lieutenants employed by the City of Los Angeles with regard to all
13 matters concerning wages, hours and work conditions. At all time mentioned herein, Plaintiff's
14 represented members were sworn peace officers as defined in Penal Code Section 830.1 vested
15 with the responsibility of enforcement of all laws within the State of California.
16 5. At all times mentioned herein, California Vehicle Code Section 14607.6(c)(1) required
17 the impounding of a vehicle regardless of ownership in pertinent portion as follows:
18 "If a driver is unable to produce a valid driver's license on the
19 demand of a peace officer enforcing the provisions of this code, as
20 required by subdivision (b) of Section 12951, the vehicle shall be
21 impounded regardless oj ownership, unless a peace officer is
22 reasonably able, by other means, to verifY that the driver is properly
23 licensed. Prior to impounding a vehicle, a peace officer shall attempt
24 to verifY the license status of a driver who claims to be properly
25 licensed but is unable to produce a license on demand of the peace
26 officer." (Emphasis Added)
27 il
28 II
COMPLAlNT FOR DECLARATORY AND INJUNCTIVE RELIEF
2
6. At all times mentioned herein, California Vehicle Code Section 14602.6(a)(1) required
2 the impoundment of a vehicle for thirty (30) days upon the decision of a peace officer to
3 impound a vehicle driven by a person driving on a suspended, revoked license or restricted
4 driver's license, or a person who had never been issued a driver's license as follows:
5 "Whenever a peace officer determines that a person was driving a
6 vehicle while his or her driving privileged was suspended or
7 revoked, driving a vehicle while his or her driving is restricted
8 pursuant to Section 13352 or 23575 and the vehicle is not equipped
9 with a functioning, certified interlock device, or driving a vehicle
10 without ever having been issued a driver's license, the peace officer
11 may either immediately arrest that person and cause the removal and
12 seizure of that vehicle or, if the vehicle is involved in a traffic
] 3 collision, cause the removal and seizure of the vehicle without the
14 necessity of arresting the person in accordance with Chapter 10
15 (commencing with Section 22650) of Division 1]. A vehicle so
16 impounded shall be impounded/or 30 days." (Emphasis Added)
17 7. At all times mentioned herein, California Vehicle Code Section 21 preempted the field
18 of motor vehicle traffic regulation and prohibited local governmental authorities from enacting
] 9 ordinances or resolutions on the matters covered by the California Vehicle Code as follows:
20 "Except as otherwise expressly provided, the provisions of this code
21 are applicable and uniform throughout the state and in all counties
22 and municipalities therein, and_a local authority shall not enact or
23 enforce any ordinance or resolutions on the matters covered by this
24 code, including ordinances orresolutions that establish regulations or
25 procedures for, or assess a fine, penalty, assessment, or fee for a
26 violation of, matters covered bytms code, unless expressly authorized
27 by this code."
28
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELlEF
- 3
8. On or about April 1 0,2012, Defendant Chief Beck issued Special Order No.7 entitled
2 " Community Caretaking Doctrine and Vehicle Impound Procedures-Established" which, inter
3 alia, mandated Los Angeles Police Officers a.) to apply Vehicle Code Section 22651 (p) as the
4 impound authority instead of Vehicle Code Section 14602.6 (a)(1) respecting a vehicle driven by
5 a unlicensed driver, which would include persons never having been issued a driver's license;
6 and b.) to release, in lieu of 30 day impoundment as othenvise required under Section 14602.6, a
7 vehicle driven by a unlicensed driver which would include persons never having been issued a
8 drivers license, as well as a vehicle driven by a person with a revoked or suspended license as
9 follows:
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
U. UNLICENSED DRIVER AND DRIVER WITH A SUSPENDEDIREVOKED
LICENSE IMPOUND AUTHORITIES
A. Unlicensed Driver - No Priors. Section 22651 (P) VC shall be used as the
impound authority for all vehicles being impounded when it has been deternlined that the
driver was involved in the following and the officer issues a Traffic Notice to Appear
citation, Form 04.50.00:
*
*
Driving without a valid California Driver's License (unless the driver is a
nonresident with a valid license or otherwise exempt under the Vehicle
Code); or,
Driving with an expired, withheld, or out-of-class California Driver's
License.
Officers shall release the vehicle in lieu of impound provided all of the following
conditions are met:
c.
*
*
*
*
The registered owner or his/her designee has a valid California Driver's
License or is a nonresident with a valid license or otherwise exempt under
the Vehicle Code;
The registered owner and licensed driver are immediately available;
The registered owner authorizes the licensed driver to dlive the vehicle;
and,
The vehicle's registration is not expired over six (6) months
*
* *
Driver with SuspendedlRevoked License - No Priors.
Section 14602.6(a)(1) VC (30-Day Hold) shal1 be used as the impound authority
for all vehicles being impounded when it has been determined that the driver was
involved in any of the following:
*
*
Driving with a suspended or revoked Jicense; or,
Driving with a restricted license pursuant to Section 13352 or 23575 VC,
and the vehicle is not equipped with a functioning, celiified interlock
COMPLAINT FOR DEC LARA TORY AND INJUNCTIVE RELIEF
4
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
device.
Officers shall release the vehicle in lieu of impound provided all of the following
conditions are met:
*
*
*
*
The registered owner or hislher designee has a valid California Driver's
License or is a nonresident with a valid license or is otherwise exempt
under the Vehicle Code;
The registered owner and licensed driver are immediately available;
The registered owner authorizes the licensed driver to drive the vehicle;
and,
The vehicle's registration is not expired over six (6) months.
* * *
(A true and correct copy of Special Order No.7 is attached hereto as Exhibit
"A" and made a part hereof as though fully set forth) (Italics Added)
9. On February 11,2012, the Legislative Counsel Bureau for the California
Legislature concluded that a local government does not have authority to establish a policy
authorizing the release of an impounded vehicle driven by a driver who has never been issued a
license as set forth as follows:
"[B]ecause the Vehicle Code specifically addresses the impowidment of vehicles
driven by a person who has never been issued a driver's license and specifies
circumstances under which the impounded vehicle might be released prior to the end
of the mandatory 30-day impoundment period, it has preempted these matters and
a local government may not provide for the early release of that impounded vehicle
in circumstances not in Section J 4602.6."
Accordingly, in our opinion, a local government does not have the authority to
establish a policy authorizing the release of an impounded vehicle driven by a driver who
has never been issued a driver's license and who does not have a prior conviction for
driving without a valid driver's license prior to the end of a 30-day impoundment period
under circumstances not specified in subdivision (b), (d), (f) or (h) of Section 14602.6 of
the Vehicle Code. (A true and correct copy of the February 11, 2012 Opinion by the
Legislative Counsel Bureau is attached hereto as Exhibit "B" aip. 6-7 and made a part
hereof as though fully set forth) (Emphasis Added)
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
5
10. By letter dated February 27, 2012, Los Angeles District Attorney Steve Cooley
2 advised Defendant Chief Beck that local law enforcement agencies may not adopt policies
3 prohibiting or restructuring the impoundment of vehicles driven by unlicensed drivers since such
4 policies are preempted by state law. (A true and correct copy of District Attorney Cooley's letter
5 dated February 27,2012 is attached hereto as Exhibit "c" and made a part hereof as though fully
6 set forth).
7 lL On or about February 28, 2012, the Los Angeles City Attorney's Office issued a
8 Wlitten legal opinion concluding, inter alia, that the Los Angeles Police Department is not
9 required to direct the impoundment of a vehicle driven by a never-licensed person under the
10 authority of Vehicle Code Section 14602.6, but could instead direct impoundment under Vehicle
11 Code Sections 22651 (P) or 14602.6, and that a 30 day impoundment is not required upon a
12 decision by a Police Officer to impound a vehicle driven by a person never licensed or by a
13 person whose license is suspended or revoked.
14 12. At all times mentioned herein, the stated legislative purpose for the mandatory
15 impoundment provisions of the California Vehicle Code are set forth in the Legislative findings
16 and declarations of Vehicle Code Section 14607.4 which provides in pertinent portion as
17
follows:
18
19
20
21
22
23
24
25
26
27
28
"The legislature finds and declares all the following:
* * *
(e) Californians l11ho comply with the law are frequently victims of
traffic. accidents caused by unlicensed drivers. These innocent
victims suffer considerable pain and property loss to hands of people
who flaunt the law. The Department of Motor Vehicles estimates that
75 per cent of all drivers whose driving privilege has been withdrawn
continue to drive regardless of the law ..
(f) It is necessary and appropriate to take additional steps to prevent
unlicensed drivers from driving, including the civil forfeiture of
vehicles used by unlicensed drivers. The state has a critical interest
in enforCing its traffic laws and keeping unlicensed drivers Fom
illegally driving. Seizing the vehicles used by unlicensed drivers
serves a signtfzcant governmental and public interest, nameZv the
protection of the health, safety and welfare of Californians from the
harm of unlicensed drivers, who are involved in a disproportion
number of traffic incidents and the avoidance of the associated
destruction and damage to lives and property." (Emphasis Added)
COMPLAINT FOR DECLARA TORY AND INJUNCTIVE RELIEF
6
13. An actual and justiciable controversy has arisen and now exist, between Plaintiff
2 on one hand, and the Defendants on the other hand, as to whether Defendants' Special Order No.
3 7 requiring Plaintiffs represented peace officers to release vehicles operated by unlicensed
4 drivers or persons with suspended or revoked license, in lieu of a 30 day impound violates the
5 plain statutory language and legislative intent of California Vehicle Code, including Vehicle
6 Code Sections 14607.6(c)(1) and 14602.6(a)(l) and Vehicle Code Section 21 which generally
7 makes the impoundment of a vehicle operated by a unlicensed driver mandatory for a period of
8 thirty (30) days.
9 ]4. On or about February 10, 2012, Los Angeles Police Department Commander Jeri
10 Weinstein, Employee Relations Administrator, by letter to Tyler Izen, President of the League,
11 advised as to the proposed Special Order respecting the" Community Caretaking Doctrine and
12 Vehicle Impound Procedures". In a reply letter dated February 23, 2012 from Tyer Izen to
13 Commander Weinstein, the League challenged the legality of the provisions of Special Order No.
14 7 establishing a vehicle impound policy which was pre-empted by State law and would therefore
15 subject League represented officers to professional and legal conflict as well as civil liability
16 resulting from the implementation of Special Order No.7.
17 15. Such a judicial determination is necessary and appropriate in order that the parties
18 may ascertain their respective legal rights and duties where: (a) Plaintiffs represented peace
19 officers are now placed in a conflict between complying with their responsibilities as sworn law
20 enforcement officers to enforce the laws of the State of California, including the California
21 Vehicle Code provisions, while also required to comply with Orders and policies of their
22 Defendant employing agency, including Special Order No.7 issued by Defendant Police Chief
23 which contains directives inconsistent with the California Vehicle Code; (b) the enforcement of
24 Defend3Jlt Police Chief Special Order No.7 exposes Plaintiff s represented police officers to
25 liability for discriminatory enforcement and injuries to persons or property caused by unlicensed
26 drivers and/or damage to vehicles released by said Police Officers; and (c) Defendant Police
27 Chiefs Special Order jeopardizes the health, safety and welfare of motorists, including Patrol
28 Officers, from the harm of unlicensed drivers, who (unlicensed drivers), according to Vehicle
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
7
1 Code Section 14607.4(f) are involved in a disproportionate number of traffic incidents.
2 16. Pursuantto California Code of Civil Procedure Section 1060, Plaintiff seeks a
3 judicial determination as to whether Defendant Police Chiefs Special Order No. 7conflicts with
4 statewide statutory provisions on impoundment of vehicles driven by lmJicensed drivers,
5 including those provisions specified in Vehicle Code Sections 14601-14607.8, and therefore, as
6 a matter of law, the Special Order is invalid.
7 17. Such judicial determination is necessary and appropriate in order that the parties may
8 ascertain their respective legal rights and duties.
9 18. There are no effective administrative remedies available to Plaintiff to compel the
10 relief sought herein, and despite the demand by Plaintiff to Defendants to refrain from
11 implementing the Special Order, Defendants have failed to do so.
12 19. The successful prosecution of this action will result in the enforcement of important
13 rights affecting public interest in: (a) a significant benefit has been confen-ed on a large class of
14 persons; (b) the necessity and burden of private enforcement of the rights involved in this action
15 are as such as to make the award appropriate; and (c) attorney's fees should not, in the interest of
16 justice, be imposed upon the Plaintiff. As a result, Plaintiff is entitled to award of attorney's
17 fees under Section 1021.5 of the California Code of Civil Procedure.
18
19 SECOND CAUSE OF ACTION
20 20. For a Second Cause of Action by Plaintiff Los Angeles Police Protective League
21 against Defendants City of Los Angeles, Charles Beck, Chief of Po}ice for the City of Los
22 Angeles and Does I tlrrough XX inclusive, for Injunctive Relief, Plaintiff realleges paragraphs 1
23 through 19 as herein above set forth and further alleges as follows:
24 21. Unless and until Plaintiff's request for injunctive relief, including a Temporary
')5
~ Restraining Order, Preliminary Injunction and Permanent Injunction are granted by this Court
26 restraining and enjoining Defendants from enforcing Special Order No.7 pending a DeclaJatory
27 Adjudication as previously set forth, Plaintiff s represented peace officers will either be exposed
28 to civil and/or criminal liability for failure to enforce mandatory law enforcement obligations
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
. 8
1 under the California Vehicle Code respecting impoundment of vehicles driven by unlicensed
2 drivers, or alternatively, will be exposed to disciplinary and/or other administrative actions by
3 their Defendant employing agency for their failure to comply with Special Order No.7.
4 WHEREFORE, Plaintiff, Los Angeles Police Protective League, prays for the following
5 relief against Defendants City of Los Angeles, Charles Beck, Chief of Police for the CHy of Los
6 Angeles, Does I through XX inclusive as follows:
7 FIRST CAUSE OF ACTION
8 1) This Court render ajudicial determination as to whether Defendants' Special Order
9 No.7 requiring Plaintiff's represented peace officers to release vehicles driven by unlicensed
10 drivers in lieu of impound violates the California Vehicle Code, including Vehicle Code Sections
11 14607 .6( c)(l) and 14602.6(a)(1) which, upon a decision of a peace officer to impound a vehicle,
12 generally makes the impoundment of a vehicle operated by a unlicensed driver mandatory for a
13 period of thirty (30) days. ;
14 2) This Court award Plaintiff attorneys' fees pursuant to Section 1021.5 of the California
15 Code of Civil Procedure;
16 3) Plaintiff be awarded costs incurred herein;
17 4) This Court award such other and further reliefas its deems necessary and proper.
18
19
20 SECOND CAUSE OF ACTION
21 1) This Court issue a Temporary Restraining Order, Preliminary Injunctiori and
22 Permanent Injunction ordering, restraining and enjoining Defendants and their agents, servants
23 and employees and representatives from enforcing Special Order No.7 pending this Court's
24 Declaratory Adjudication on the First Cause of Action;
25 2) Plaintiff be awarded its costs of suit incurred herein;
26 3) Plaintiff be awarded reasonable attorney's fees pursuant to Code of Civil Procedure
27 Section 1021.5; and
28
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
9
2 4) This Court award such other and further relief as it deems necessary and proper.
" .J
4
5
6
7
8
9
]0
11
]2
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DATED: April_, 2012
OlI47-pJd.wpd
SIL VER, HADDEN, SILVER, WEXLER & LEVINE
By:

Attorney for Los Angeles Police Protective
League
COMPLAINT FOR DECLARA TORY AND INJUNCTIVE REUEF
- -- ~
VERIFICATION
2
3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES,
4 I have read the foregoing COMPLAINT FOR DECLARA TORY RELIEF [C.C.P.
1060); COMPLAINT FOR INJUNCTIVE RELJEF [C.C.P. 526], and know its contents.
5
I / I am a party to this action. The matters stated in the foregoing document are true of my
6 own knowledge except as to those matters which are stated on information and belief, and as to
those matters I believe them to be true.
7
/ _X _I I am ! _X -.! an Officer 1_/ a partner of * * , a party to this action, and am authorized to
8 make this verification for and on its behalf, and I make this verification for that reason. I X J I
am informed and believe and on that ground allege that the matters stated in the foregoing -
9 document are true. I_I The matters stated in the foregoing document are true of my own
knowledge except as to those matters which are stated on information and belief, and as to those
10 matter I believe them to be true.
11 / ~ I am one of the attorneys for ** a party to this action. Such party is absent from the
county of aforesaid where such attorneys have their offices, and I make this verification for and
12 on behalf of that party for that reason. I am informed and believe and on that ground allege that
the matters stated in the foregoing document are true.
13
14
15
16
17
19
20
21
22
23
24
25
26
27
28
Executed on __________ , at _________ , California.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
. / //SIGNATU'
I ~ . /.
/'
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
OFFICE OF THE CHIEF OF POLICE
SPECIAL ORDER NO. 7 April 10, 2012
APPROVED BY THE BOARD OF POLICE COMMISSIONERS ON FEBRUARY 28/ 2012
SUBJECT: COMMUNITY CARETAKING DOCTRINE AND VEHICLE IMPOUND
PROCEDURES - ESTABLISHED
EFFECTIVE: APRIL 22, 2012
PURPOSE: The California State Legislature continues to
recognize that driving a motor vehicle is a privilege
and not a right, as delineated in Section 14607.4 of the
California Vehicle Code (VC). This Order establishes the
procedures for impounding vehicles from unlicensed drivers, and
drivers with suspended or revoked licenses encountered in the
field, at the scene of traffic collisions and at driving under
the influence (DUI) checkpoints., In addition, this Order
provides guidance regarding the enforcement of VC Sections
22651 (p) "Unlicensed Driver, II and 14602.6 (a) (1) "30-Day Holds,"
and guidance on how to apply the "Community Caretaking
Doctrine." However, this Order is not intended to preclude
officers from impounding vehicles for non-license violations by
using appropriate statutory authority. This Order establishes
Section 4/222.05, Communi ty Caretaking Doctrine and Vehicle
Impound Procedures, to the Department Manual.
PROCEDURE: Various sections of the California Vehicle Code
authorize the impoundment of a motor vehicle driven
by an unlicensed driver or a driver with a suspended or revoked
driver's license. However, State and federal court decisions
have held that the' statutory authority to impound, alone, does
not determine the constitutional reasonableness of the seizure
under the Fourth Amendment of the united States Constitution.
In evaluating the reasonableness of warrantless vehicle
impounds, courts have focused on whether the impoundment was in
accordance with the Community Caretaking Doctrine.
Consequently, this Order clarifies the application of the
Community Caretaking Doctrine and establishes the Department's
impound procedures.
I. COMMUNITY CARETAKING DOCTRINE OVERVIEW. Officers shall
be guided by the Community Caretaking Doctrine and the
procedures set forth in this Order when deciding whether
to impound a vehicle driven by an unlicensed driver, or a
driver with a suspended or revoked license. The courts
have ruled that this doctrine allows officers to impound
a vehicle when doing so serves a community caretaking
function. An impoundment based on the Community
Caretaking Doctrine is likely warranted:
EXHIBIT . ~ ' "
SPECIAL ORDER NO. 7 -2-
April 10, 2012
* When the vehicle is impeding traffic or jeopardizing
public safety and convenience, such as when a vehicle
is disabled following a traffic collision;
* When the vehicle is blocking a driveway or crosswalk
or otherwise preventing the efficient movement of
traffic (e.g., vehicle, pedestrian, bicycle);
* When the location of the stopped vehicle may create a
public safety hazard (e.g., vehicle, pedestrian,
bicyclist) i
* When the location of the vehicle, if left at the
location, may make it a target for vandalism or theftj
or,
* To prevent the immediate and continued unlawful
operation of the vehicle (e.g., licensed driver not
immediately available) .
The totality of circumstances, including the factors
listed above, should be considered when deciding whether
impoundment is reasonable under the Community Caretaking
Doctrine and the Fourth Amendment. The decision to
impound any vehicle must be reasonable and in furtherance
of public safety.
II. UNLICENSED DRIVER AND DRIVER WITH A SUSPENDED/REVOKED
LICENSE IMPOUND AUTHORITIES.
A. Unlicensed Driver -No Priors. section 22651(p} VC
shall be used as the impound authority for all
vehicles being impounded when it has been determined
that the driver was involved in the following and the
officer issues a Traffic Notice to Appear citation,
Form 04.50.00:
* Driving without a valid California Driver's License
(unless the driver is ~ nonresident with a valid
license or otherwise exempt under the Vehicle
Code) i or,
* Driving with an expired, withheld, or out-of-class
California Driver's License.
Officers shall release the vehicle in lieu of impound
provided all of the following conditions are met:
* The registered owner or his/her designee has a
valid California Driver's License or is a
nonresident with a valid license or otherwise
exempt under the Vehicle Code;
* The registered owner and licensed driver are
immediately available;
SPECIAL ORDER NO. 7 -3-
April 10, 2012
* The registered owner authorizes the licensed driver
to drive the vehicle; and,
* The vehicle's registration is not expired over six
(6) months.
Note: If the traffic stop i p conducted in the
registered owner's residential driveway or a legal
parking space in the immediate vicinity of the
owner's residence, impounding the vehicle would not
be appropriate. However, if the traffic stop is
conducted in the driver's residential driveway or
in the immediate vicinity of the driver's residence
but the driver is not the registered owner,
officers must consider the totality of the
circumstances to determine if impoundment is
reasonable.
The name and driver's license number of the licensed
driver that the vehicle is being released to shall be
documented in the narrative portion of the Traffic
Notice to Appear that is' issued to the unlicensed
driver. If it is determined that the registered
owner knowingly allowed an unlicensed driver to
operate the vehicle, he or she may be cited for
section 14604(a) VC, "Non-Owner Driver of Vehicle."
When the vehicle cannot be released to a licensed
driver, the vehicle shall be impounded pursuant to
Section 22651(p) VC or, if the vehicle'S registration
is expired over six (6) months, pursuant to Section
22651(0) VC, to prevent the immediate and continued
unlawful operation as warranted under the Community
Caretaking Doctrine. The Official Police Garage (OPG)
tow should be requested when it is determined that the
vehicle cannot be released.
Note: If it is determined that the vehicle will be
impounded, use impound authority Section
14602.6(a) (1) VC (3D-Day Hold) if all of the
following conditions are met:
* The driver has never been issued a driver's
license by any jurisdiction (foreign or
domestic) j and,
* The driver is unable to show proof of
insurance or at-fault in the traffic
collision or lacks proof of identification.
The reason to impound the vehicle shall not be
based on whether the vehicle is properly insured.
SPECIAL ORDER NO. 7 -4-
April la, 2012
B. Unlicensed Driver - With Prior(s) .
~ e c t i o n 14602.6{a} (1) VC (3D-Day Hold) shall be used
as the impound authority when it has been determined
that the driver has never been issued a driver's
license by any jurisdiction (foreign or domestic) and
has a prior misdemeanor conviction, failure to appear,
or warrant for Section 1250D{a} VC.
Note: Section 22651(p) VC shall always be used as
the impound authority if it has been determined
that the driver has an expired, withheld or out
of class driver's license and has a prior
misdemeanor conviction, failure to appear, or
warrant for 125DO(a), 14601, 14601:1, 14601.2,
14601.3, 14601.4, or 14601.5 VC.
If the driver is the registered owner and has a prior
misdemeanor conviction: Officers shall document in
the "Remarks" or "Narrative" section of the impound
Vehicle Report, CHP 180 form, that the vehicle is
eligible for vehicle forfeiture as delineated in
Section 14607.6 VCr except if the driver's license
expired within the preceding 30 days, then no such
notation shall be made.
C. Driver with Suspended/Revoked License - No Priors.
Section 14602.6(a) (I) ve (30-Day Hold) shall be used
as the impound authority for all vehicles being
impounded when it has been determined that the driver
was involved in any of the following:
* Driving with a suspended or revoked license; or,
* Driving with a restricted license pursuant to
Sections 13352 or 23575 ve, and the vehicle is not
equipped with a functioning, certified interlock
device.
Officers shall release the vehicle in lieu of impound
provided all of the following conditions are met:
* The registered owner or his/her designee has a
valid California Driver's License or is a
nonresident with a valid license or is otherwise
exempt under the Vehicle Codej
* The registered owner and licensed driver are
immediately available;
* The registered owner authorizes the licensed driver
to drive the vehicle; and,
* The vehicle's registration is not expired over six
(6) months.
SPECIAL ORDER NO.7 -5- April 10, 2012
Note: If the traffic stop is conducted in the
registered owner's residential driveway or a legal
parking space in the immediate vicinity of the
owner's residence, impounding the vehicle would not
be appropriate. However, if the traffic stop is
conducted in the driver's residential driveway or
in the immediate vicinity of the driver's residence
but the driver is not the registered owner,
officers must consider the totality of the
circumstances to determine if impoundment is
reasonable.
Officers impounding a vehicle under Section 14602.6(a) (1) VC
shall either effect a custodial arrest of the driver or
issue a Traffic Notice to Appear citation in the field.
Vehicles impounded under this Section shall be impounded
for 30 days, unless earlier release is authorized by the
Area Auto detectives in accordance with Section 14602.6 VC.
The name and driver's license number of the licensed
driver that the vehicle is being released to shall be
documented in the narrative portion of the Traffic
Notice to Appear that is issued to the unlicensed
driver. If it is determined that the registered owner
knowingly allowed an unlicensed d r i v e ~ to operate the
vehicle, he or she may be cited for Section 14604(a}
VC, "Non-Owner Driver of Vehicle./J
D. Driver with Suspended/Revoked License - With Prior(s).
Section 14602.6(a) (I) VC (3D-Day Hold) shall be used
as the impound authority for all vehicles being
impounded when it has been determined that the
suspended/revoked/restricted violator has a prior
misdemeanor conviction, failure to appear, or warrant
for Sections 12500(a), 14601, 14601.1, 14601.2,
14601.3, 14601.4, or 14601.5 VC.
Note: If the driver is the registered owner and
has a prior misdemeanor conviction: Officers shall
document in the "Remarks" or "Narrative
n
section of
the impound Vehicle Report, that the vehicle is
eligible for vehicle forfeiture as delineated in
Section 14607.6 VC.
SPECIAL ORDER NO. 7 -6-
April 10, 2012
III. MISCELLANEOUS IMPOUNDS.
A. Impounding Vehicles Driven by Habitual Driving Under
the Influence Offenders. section 14602.8(a) (1) ve
authorizes an officer to impound a vehicle from a
driver when it is determined that a person has been
convicted of Section 23140 VC, Juvenile Driving Under
the Influence of Alcohol; 23152 ve, Driving Under the
Influence of Drugs or Alcohol; or 23153 VC, Causing
Bodily Injury While Driving Under the Influence of
Drugs or Alcohol, within the past 10 years and one or
more of the following circumstances applies.
The officer shall immediately cause the removal and
seizure of the vehicle that such a person was driving,
under either of the following circumstances:
* The person was driving a vehicle with a blood
alcohol content of 0.10 percent or more; or,
* The person driving the vehicle refused to submit to
or complete a chemical test.
A vehicle impounded pursuant to the aforementioned
section shall be impounded for one of the following
time periods:
* 5 Days - If the person has been convicted once for
violating Sections 23140, 23152 or 23153 VC
i
and
the violation occurred within the preceding
1.0 years; or,
* 15 Days - If the person has been convicted two or
more times for violating Sections 23140, 23152 or
23153 VC or any combination thereof, and the
violations occurred within the preceding 10 years.
The vehicle shall be released to the registered owner
or his or her designee prior to the end of the
impoundment period only under conditions set forth in
14602.8(d) VC.
B. Citing or Arresting Unlicensed Drivers at Traffic
Collision Scenes and Related Vehicle For an
unlicensed driver or driver with a suspended/revoked
license at traffic collision scenes, the appropriate
impound authority or release-at-scene protocol shall
be utilized in accordance with Section II in this
Order.
SPECIAL ORDER NO. 7 -7- April 10, 2012
A driver involved in a traffic collision may be cited
or placed under custodial arrest when the officer
determines that the involved vehicle was operated by
an unlicensed driver or a driver whose driving
privilege was suspended or revoked.
The officer's determination shall be based upon
witnesses' statements, a driver's admission and/or
physical evidence. The related impound Vehicle Report
shall contain the following;
* A full narrative listing all of the information/
elements to establish the driver'S offense; and,
* Names, addresses, telephone numbers and st'atements
of witnesses that can establish the driver
operating the vehicle.
If the traffic collision results in injuries, officers
shall complete the Traffic Collision Report,
CHP 555 form. However, if the traffic collision does
not result in injuries and one of the parties is
unlicensed, a Traffic Collision Report shall not be
completed. The officer shall ensure an exchange of
information is completed between the involved parties.
Officers shall issue a Traffic Notice to Appear
citation to the unlicensed driver and document the
name, address and telephone number of the witnessing
party or parties on the back of the "Golden Rod
n
copy
of the issuing officer's Traffic Notice to Appear
citation.
If the violator challenges the citation during a
subsequent court proceeding, the issuing officer shall
be responsible for contacting the witnessing parties
and requesting their attendance in court.
When the unlicensed driver does not possess valid
identification, officers shall advise the other
involved party of the option to effect a private
person's arrest. When a private person's arrest is
~ a d e , officers shall indicate a charge of Section
1250o(a) VC or 14601(a) VC, or other appropriate VC
section(s) for driving when the privilege is suspended
or revoked.
SPECIAL ORDER NO. 7 -8-
April 10. 2012
C. Impounding Vehicles at Driving Under the Influence
Checkpoints. The following procedures apply if
the driver's only offense is a violation of
Section 12500 VC,even if the driver has a prior
misdemeanor conviction, failure to appear, or warrant
for 12500 VC. Officers shall make a reasonable
attempt to identify the registered owner of the
vehicle driven by an unlicensed driver.
When the registered owner is present or able to
respond to the scene prior to the conclusion of the
DUI checkpoint operation, or the officer is able,
without delay, to identify the registered owner and
obtain his/her authorization to release the vehicle to
a licensed driver at the scene, the vehicle shall be
released to either the registered owner or the
authorized licensed driver provided the following
conditions are met:
* The registered owner or his/her designee has a
valid California Driver's License or is a
nonresident with a valid license or is otherwise
exempt under the Vehicle Code; and,
* The registered owner authorizes the licensed driver
to drive the vehicle.
The name and driver's license number of the licensed
driver the vehicle is being released to shall be
documented in the narrative portion of the Traffic
Notice to Appear citation issued to the violator.
When the vehicle cannot be released to the registered
owner or his or her designee, officers shall impound
the vehicle under the authority of Section 22651(p} VC.
When the violator has a suspended or revoked driver's
license, officers shall impound or release the vehicle
as outlined in Section II "Unlicensed and
suspended/Revoked Driver Impound Authorities" of this
Order.
D. Impounding Vehicles When the Driver is Arrested.
section 22651(h) (1) VC authorizes an officer to
impound a vehicle from a driver who has been arrested
and taken into physical custody. However, as noted in
Section I of this Order, officers must also determine
if the totality of the circumstances supports
impoundment of the vehicle under the Community
Caretaking Doctrine.
SPECIAL ORDER NO.7 -9-
April 10, 2012
When a driver is arrested, the vehicle should not be
impounded under the following circumstances:
* If the arrestee is the registered owner and the
vehicle is parked in the arrestee's residential
driveway or a legal parking space in the immediate
vicinity of the arrestee's residence;
* If the vehicle is parked in a legal parking space
where it is not posing a traffic hazard and is not
likely to be a target of vandalism or theft; or,
* If a licensed passenger is present and not impaired
or otherwise unable to lawfully operate the vehicle
and is given permission by the registered owner.
Note: In situations other than those above, when
community caretaking warrants impoundment,
section 22651(h) (1) VC shall be used as the impound
authority. If the driver arrested has prior DUI
convictions, officers shall be guided by
Section 14602.8 (al (1) VC.
Attached is the Vehicle Impound Chart, Form 15.23.06.
FORM AVAILABILITY: The Vehicle Impound Chart is available in
LAPD E-Forms on the Department's Local Area Network (LAN).
A copy of the form is attached for immediate use and ,
duplication.
AMENDMENT: This Order adds Section 4/222.05 to the Department
Manual.
AUDIT RESPONSIBILITY: The Commanding Officer, Internal Audits
and Inspections Division, shall review this directive and
determine whether an audit or inspection shall be conducted in
accordance with Department Manual Section 0/080.30.
c ~
CHARLIE BECK
Chief of police
Attachment
DISTRIBUTION ftDN
Los Ange es Police Department Vehicle rnpound Chart
Community Caretaking Doctrine
Officers shall be guided by the Community Caretaking Doctrine and the Department's vehicle impound procedures. The decision to impound
any vehicle should be based on the totality of circumstances and must be reasonable and in furtherance of public safety. The following are a
few examples of when a vehicle may be impounded based on the Community Caretaking Doctrine:
When the vehicle is impeding traffic or jeopardizing public safety and convenience;
When the vehicle is blocking a driveway or crosswalk or otherwise preventing the efficient movement of traffic
(vehicle, pedestrian, bicycle);
When the location of the stopped vehicle may create a public safety hazard (e.g., vehicle, pedestrian. bicycle);
When the location of the vehicle, if left al the location, may make it a target for vandalism or theft; or,
To prevent the immediate and continued unlawful operation of the vehicle.
Unlicensed Driver No prior(s) Release vehicle. Officers shall release the vehicle in lieu of impound if:
Driving without a valid California Driver'S
License (COL), unless the driver is a
non-resident with a valid license or otherwise
exempt under the California Vehicle Code
(VC). (Issue citation or effect a custodial
arrest)
* Driving with an expired COL.
(Issue citalion)
Driving with an 'withheld" COl.
(Issue citation)
Driving with an out-of-class COl.
(Issue citation)
Unlicensed Driver With prior(s)
Driver has never been issued a driver's
license (foreign or domestic) AND has prior
misdemeanor conviction, failure to appear, or
warrant for 12500(a) VC, (Issue citation or
effect a custodial arrest)
Driver has expired, withheld, or out-of-class
COL AND has a prior misdemeanor conviction, I
failure to appear, or warrant for 12500(a), .
14601,14601.1,14601.2,14601.3,14601.4 or
14601.5 VC. (Issue a citation)
Suspended/Revoked Drivers License
No prior(s}
Driving with a suspended or revoked CDL.
Drivina with a restricted COL pursuant to
Sectio-n 13352 or 23575 VC and the vehicle
is not equipped with a functioning certified
interlock device.
(Issue a citation or effect a custodial arrest)
SuspendedlRevoked Driver's License
With prior(s)
Driving with a suspended or revoked COL.
Driving with a restricted COL pursuant to
Section 13352 or 23575 VC and the vehicle
is not equipped with a functioning certified
interlock device.
AND has prior misdemeanorconviclion,
failure 10 appear, or warrant for 12500(a).
14601,14601.1,14601.2,14601.3,14601.4,
or 14601.5 VC. (Issue a citation or effect a
custodial arrest)
1. The RIO or his/her designee has a valid driver's license, is 1M MEDIA TEL Y
AVAILABLE, AND the vehicle registration is not expired over 6 months, OR,
Note: Write the name and driver's license number of the person the vehicle is
being released to on the narrative portion of the traffic citation.
2. The vehicle is stopped in the RiO's residential driveway or legal parking space in
the immediate vicinity of RiO's residence. (If the driver is not the RIO, officer must
consider totalily of circumstances to determine if impoundment is reasonable.)
Impound Vehicle;
If the vehicle cannot be released based on the above, impound as follows:
}> Never been issued driver's license (foreign or domestic) AND any of the following:
No insurance OR at fault in a traffic collision OR lacks proof of identification =
14602.6(a)(1} VC (30-day hold).
y Never been issued driver's license (foreign or domestic) AND has insurance AND
satisfactory identification AND not at fault in a traffic collision = 22651(p) VC.
>- DrivinQ with an expired, withheld, or out-of-class CDL = 22651{PJ ve.
Impound Vehicle:
Use Section 14602.6 (a)(1) VC, 3D-Day Hold as the impound authority.
If prior misdemeanor conviction, document vehicle subject to forfeiture, per
Section 14607.6 VC, in impound report.
Impound Vehicle:
Use Section 22651(p) VC as the impound authoriiy.
If prior misdemeanor conviction, document vehicle subject to forfeiture, per'
Section 14607.6 VC, in the impound report.
Release vehicle. Officers shall release the vehicle in lieu of impound if:
1. The R/O or hislher designee has a valid driver's license, is IMMEDIATELY
AVAILABLE, AND the vehicle registration is not expired over 6 months, OR,
. Note: Write the name and driver's license number of the person the vehicle is being
released 10 on the narrative portion of the traffic citation. .
2. The vehicle is stopped in the RIO's residential driveway or legal parking space in the
immediate vicinity of RiO's residence. (If the driver is no! the RIO, officer must
consider totality of circumstances 10 determine if impoundment is reasonable)
Impound Vehicle:
If the vehicle cannot be released based on the above, impound as follows:
Use Section 14602.6(a)(1) VG, as the impound authority.
Impound Vehicle:
Use Section 14602.6(a)(1) VC, 3D-Day Hold as the impound authority.
If the driver is the RiO and has a prior misdemeanor conviction, document vehicle
subject 10 forfeiture, per Section 14607.6 VG, in the impound report.
Los An eles Police De artment Vehicle 1m ound Chart
Unlicensed Driver or Suspended/Revoked
Driver at TIC Scenes
Unlicensed driver or driver with a
suspended/revoked driver's license at scene of
TIC with injuries & without injuries.
When the Arrested
Release Vehicle:
Release the vehicle according to the appropriate Unlicensed Driver or Suspended/Revoked
Drivers license sections_
Impound Vehicle:
Irthe vehicle cannot be released, impound the vehicle according to the appropriate
Unlicensed Driver or Suspended/Revoked license section listed above.
Document the following in the impound narrative:
Information/elements to establish the drivers offense: and name. address,
telephone number & statements of witnesses thaI can establish the driver
o eralin the vehicle_
.. Releasexehicle:
D;iver'>ih,o is If the <lrrestee is ttje,registered owner)mp the vehicle is parked in (he arr-estee's
and c;c" . . ..... .:;. . ......... , . ;.>_ -:
'".
,:-.,
Driver was convicted of Section 23140, 23152
or 23153 VC within the past 10 years AND one
of the following:
The person was driving a vehicle with a
blood alcohol level of 0.10 percent or more;
or,
The person driving the vehicle refused to
submit to, or com lelea chemical test
Driver with suspended/revoked driver's license
at a DUI checkpoint.
15_23_06 (04/12)
":''If.lhe venide is parked in aJegalparking s-p&:ce where it is not
Isilo! likely to be a target of vandalism odfiefi;OR ., " >, <Y'. .' '.
If i.5 u'1,?bleip,Ia.\\iDIFy '.
_operate Isgl'ilen::R-efl11lsslon by:tn-f!'-remsiered owner. .',
,',:',.: ... ' ,',: . ...
impound Vehicle:
Impound Vehicle:
Use Section 14602.8(a)(1) VC as the impound authority and hold the vehicle for one 01
the following time periods:
> 5 days - If the person has been convicted once for violating Section 23140, 23152, or.
23153 VC, within the preceding 10 years; or,
> 15 days - If Ihe person has been convicted two or more times of violating Sections
23140,23152, or 23153 ve, or any combination thereof, within the preceding 10
years .
Officers shall release or impound the vehicle according to the appropriate
Suspended/Revoked Driver's License section listed in the chart
11 .. ,)1\ I "n , ..,!
11111' IHI'I"
hrltl\ \ Pd,lIld
,'I!''',tlf\II'fl'I!lI'
I", \;.11.1
l Imh \h'rh'll \ ,Inlnn.
I I,.,h"
l',nl, ... I
I .d,"\ .... i!.-.!
\lIdhh I Ih
r t nr\';-
il".:\ \l." ...
\\,lh.ml f \I .. ,jll,jmtl,!!
t ,11.1 ill,:,Ill.tn '\,.1 ...11
It I t'.IUhb
h!l I. 1".111
r.i::hlJ,.JI ... lJlll:l.h-
1.1>1", I Jilm'>""l
nJ 1'1 W"
h :lmh ( lillll".m
\1 H.lt'"
'.11; -.
1.,rill"11I' !lllllli
\un \1 HUr,J"" T,'
D.llIl.li r{ 1,11\.,'
",1,_1 \ I .thin .
f .... U['I.
'.\ 1: 11H l h.lll
I.JrH , h
1" 1,'1; P I'
';. !,li"-II l 1. 1111 I
111- n r'n
":',li "f I 1'.1,:11
J. ,t I
1 ... 1 1,.ti,H.l!I!
\l.UII \nJ..:m.1ll
\m'. h.mll.1'!!'
:,11 .11 I t.lIm!!:< I
'h'ph.HUI II.IIII I hxhu
r.u ..... :t II Ih\kh I
.If..l I
\ l'inhi J.>h,l' .. '" I-
. h "I',pl'
,I j{ I\ . !,.J,I
ll/I':L:. \1 h. 1.;;'
tWIll hili
(" !1'1,>11I:1'."1
t t 1 1;(.
/\h .. I;' ;.r
I"",'n l. 1,',
h.J.u;a II \\ I.,;,!.
\I.IH,I\!.I \1.1111.
\l1.h"1\ r \1"h,lh,
, :::.'1.11, I' \1.H'" .!
... Ii 11.1 \hlh.Vl
\...11.1110 fl \1.,,;.
,,,lith., , '\.Id"" Ii
'i . ., d, I h 'I I \
"\i> \11:,1\'1.,,1,",
1",,1 \J l'itllmn.1
I . I1hl"}',
H It.,II,
\\J,h,lkl "JlIlt'r,'
\;)\, I ...... lr.\.ll.:d
'-h \1 ....... 1.111
'-hTh.lHh j
\.If''O f1 'lh.1
....'.td, 1',Hll.lm l.'li
{l,lIa\! \.1mid ' ...:h)lt.
'd,1J!.I}" \;'1",..,'"
1,\,11111,11 \.Un'l
I"'tl I nJII", h
Itl,ldh \ \ \\rhr
R,l.h,/k\1 U.n.1
;\.-, "'\,
\lllH!1t, \.Lt.l1
h!lln f lUll
I,,, j, j.l/tIl.111
Honorable Bill Emmerson
Room 4082, State Capirol
LEGISLATIVE
COUNSEL
lWREAU
A [RAllliltlN f..H rlUl)rHj tHiAI 'HI'Wlll
rtf! CA1110ltNIA lIGI'II.ATPIU
1,-.,,10'1 ,'l!l"
I ...... ..,: \\ \\'\\ n fl. t It ' ... r 1.\ \ I,t'\
February 11, 20 12
UNLICENSED DRIVERS #1200017
Dear Senator Enunerson;
You asked whether a local government has [he authority w establish a policy
authorizing the release of an impounded vehicle driven by a driver who has never been issued
a driver's license and who does not have a prior conviction for driving without a valid driver's
license prior to end of a 3D-day impoundment period under circumstances nor specified in
subdivision (b), (d), (f), or (h) of Section 14602.6 of ,he Vehicle Code .
By way of background, subdivision (a) of Section 12500 of the Vehicle Code
1
prohibits a person from driving a vehicle unless the person holds a valid driver's license;
Hence, a person wbose driver's license
a
has expired, or has been suspended or revoked, or a
person who has never been issued a driver's license, is prohibited from driving a vehide.
Subdivision (p) of Section 22651 ;mthorizes a peace officer to remove a vehicle "[w]hen the
peace officer issues the driver of a vehicle a notice to appear for a violation of
Section 12500 ... and the vehicle is nor impounded pursuant to SeC[ion 22655.5.") The court
has interpreted [his provision as aurhori:dng, bur nor requiring, the impoundment of the
vehicle v, Cm (1996) 46 Cal.AppAth 367, 372-373; hereafter Green). Section 22651
does not spectfy a rime period for which the vehicle is to be impounded.
1 All fwilier secdon reff:rences aft: to [he Vehicle Code, unless otherwise sLated,
1 Section 310 defines "driver's license" as "a valid license to drive the type of mowr
vehicle or combination of vehicles for which a person is licensed under [the Vehicle Code] or by a
foreign. jurisdiction,"
1 Subdivision (p) of Section 22651 further prohibirs [he release of an impounded
vehicle, "exeep, upon presentation of the registered owner's or his or her agem's currently valid
driver's license to operare [he vehicle and proof of current vehicle registration, or upon order of a
COUrt."
Honorable Bill Emmerson -Request #1200017 - Page 2
In addition [0 subdivision (p) of Section 22651, Secrion 14602.6 also authorizes
the impoundment of a vehicle driven by a specified group of peopJe.
q
Section 14602.6
provides. in relevant part, as follows:
"14602.6. (a) (1) Whenever a peace officer determines that a person
was driving a vehicle while his or her driving privilege was suspended or
revoked. driving a vehicle while his or ber driving privilege is restricted
pursuant to Section 13352 Of 23575 and the vehicle is not equipped with a
Functioning, certified interlock device, or driving.a vebicle without ~ having
been issued l! driver's license, the peace officer ~ either immediately arrest
that petson and cause the removal and seizure of that vehicle Cf, if the vehicle is
involved in a traffic conision, cause the removal and seizure of the vehicle
witham rhe necessity of arresting [he person in accordance with Chapter 10
(commencing with Secdon 22650) of Division 11. A vehicle so impounded
shall be impounded for 30 days.
"(b) The registered and legal owner of a vehicle thar is removed and
seized under subdivision (a) or their agents shall be provided the opponunity
for a storage hearing to determine [he validity of, or consider .ill:lJ:: mitigating
circumstances attendam ro the srorage, in accordance with Seerion 22852,
* 4 *
"(d) (1) An impounding agency shall release a vehicle to the registered
owner or his or her agent prior to the end Q.[3Q days' impoundment under any
of the following circumstances:
U(A) When the vehicle is a stoten vehicle.
"(B) When the vehicle is subject to bailment and is driven by an
unlicensed etnployee of;:. business establishmenc, including 2 parking service or
repair garage.
n(C) When the license of the driver was suspended 01' revoked for an
offense orher than those included in Anicle 2 (commencing v,rirh
Section 13200) of Chapter 2 of Division 6 or Article 3 (commencing with
Seerion 13350) of Chapter 2 of Division 6.
4 In addition co subdivision (p) ofSecticn 22651 and Section 14602.6, Section 14607.6
requires, except for specified circumstances, a peace officer to impound a vehicle driven by an
unlicensed driver who has a previous misdemeanor conviction for violating subdivision (a) of
Section 12500 (para. (1), subd. (c), Sec, 14607.6; California Highwlly PMroi v. Superior Court (2008)
162 CaLApp.4th J 144,1154; hereafter California Highway Patrol),
Honorable BiU Emmerson -Request#1200017 - Page 3
., (D) When the vehicle was seized under rhis secrion for an offense that
does not authorize the seizure of [he vehicle.
"(E) When the driver reinstates his or her driver's license or acquires a
driver's license llnd proper insurance .
. . "
"(f) A vehicle removed and seized under subdivision (a) shall be released
to the legal owner of the vehicle or the legal owner's agent prior to the end of30
days' impoundment if a!l of the following <:anditions are mer:
"(1) The legal owner is a motor vehicle dealer, bank, creelit union,
accepr;>.nce corporation, or orher licensed financial instimtion legal!y operating
ih this scate or is another person, not [he registered owner, holding a security
interest in the vehicle.
"(2) (A) The legal owner or rhe legal owner's agenr pays all rowing and
storage fees related to ,he seizure of the vehicle. No lien sale processing fees
shall be charged to the legaJ owner who redeems rhe vehicle priorro (he 15th
day of impoundment. Neither (he impounding authority nor any person
having possession of the vehicle shall coHeet from the legal owner of the type
specified in paragraph (1), or the leg;:d owner's agent any adminisrrarive charges
imposed pursuant to Section 22850.5 unless the legal owner volunrarily
requested a posrsrorage hearing.
"(B) A person operating or in charge of a storage facility where vehicles
are stored pursuant to this section shall accept a valid bank credit card or cash
for payment of towing, storage, and related fees by a legal or registered owner
or [he owner's agent claiming the vehicle. A credit card shall be in the name of
the person presenring the card. 'Credit card' means' credit card' as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for (he purposes of
this section, credir card does not include a credit card issued by a retail seifer.
"(C) A person operating or in charge of a srorage facility described in
subparagraph (B) who violates subparagraph (6) shalf be civilly liable to the
owner of the vehicle or to the person who tendered the fees fat four times the
amount of the towing, storage, and related fees, bur not to exceed five hundred
dollars ($500).
"(D) A person operating or in charge of a storage facility described in
subparagraph (B) shall have sufficient funds on the premises of the primary
storage faciliry during normal business hours to accommodate, and make
change in, a reasonable monetary transaction.
"(E) Credit charges for rowing and storage services shall comply with
Seer ion ] 748.1 of the Civil Code. Law enforcement agencies may include the
costs of providing for payment by credit when making agreemenrs with towing
companies on rates.
Honorable Bill Emmerson -Request #1200017 - Page 4
"(3) The legal owner or the legal owner's agent presents a copy of the
assignmenr, as defined in subdivision (b) of Section 7500.1 of the Business and
Professions Codel a release from the one responsible governmenral agency,
only if required by the agency; a government-issued photographic identification
card; and anyone of rhe following, as determined by the legal owner or rhe Jegal
owner's agent: a cenificare of repossession for the vehicle, a securiry agreement
for the vehicle, or title, whether paper or electronic, showing proof of legal
ownership for the vehicle, Any documents presented may be originals,
photocopies, or facsimile copies, or may be transmitted electronically. The law
enforcement agency, impounding agency, or any other governmental agency, or
any person acting on behalf of those agencies, shall nor require any documents
to be notarized. The law enforcement agency, impounding agency, or any
person acring on behalf of those agencies may require the agent of the legal
owner [Q produce a phorocopy or facsimile copy of its repossession agency
license or registration issued pursuant to Chapter 11 (commencing with
Section 7500) of Division 3 of the Business and Professions Code, or [Q
demonstrate, to the satisfaction of the law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, that the agent is
exempt from licensure pursuant to Secrion 7500.2 or 7500.3 of the Business
and Professions Code.
"No adminisrrarive COStS aurhorized under subdivision (a) of Section
22850,5 shall be charged to the legal owner of the type specified in paragraph
(1), who redeems the vehicle unless the legal owner voluntarily requests a
poststorage hearing. No city, county, city and county, or state agency shall
require a legal owner or a legal owner's agent to request apoHstorage hearing
as a requirement for release of the vehicle to the legal owner or the legal
owner's agent. The law enforcement agency, impounding agency, of other
governmental agency, or any person acting on behalf of those agencies, shall not
require any documents other than those specified in this paragraph. The law
enforcement agency, impounding agency, or other governmental agency, ot any
person acting en behalf of rhose agencies, shall nor require any documents to be
notarized. The legal owner or the legal owner's agent shall be given aeepy of
any documems he or she is required to sign, except for a vehicle evidentiary
hold logbook. The law enforcement agency, impounding agency, or any person
acting on behalf of those agencies, or any person in possession of the vehicle,
may photocopy and rerain the copies of any documents presented by .he legal
owner or legal owner's agent.
"( 4) A failure by a storage facility to comply with any applicable
. conditions set fotth in this subdivision shall not affect the right of the legal
owner or rhe legal owner's agent to rerrieve tbe vehicle, provided all conditions
required of fhe Jegal owner or legal owner's 51gent under this subdivision are
sarisfied,
Honorable Bill Emmerson -Request # 1200017 - Page 5

nth) (1) A vehicle removed and seized under subdivision (a) shall be
released to a rental car agency prior to the end g 30 days' impoundment if the
agency is either the legal owner or registered owner of the vehicle and the
agency pays all towing and storage fees related to the seizure of the vehicle.
<" (Emphasis added.)
Thus, under paragr<lph (1) of subdivision (a) of Section 14602.6, a peace officer
has the discretion to impound a vehicle driven by a person who has never held a valid driver's
!icen.sc. In exercising this discretion, an omcer must follow srandard criteria (Green, supra, at
pp.372-373). "If an officer decides to exercise this authority, the vehicle is subject to a 30-day
impoundment" (California Highway Patrol, supra, at p. 1152; Samples v, Brown (2007) 146.
CaJ.App.4rh 787,801; hereafter SamplES). Subdivisions (d), (f), and (h) require the release of
an impounded vehicle prior to the 30-day period to the registered owner, legal owner, or
rental car agency that owns the vehicle, under specified circumsrances. In addition,
subdivision (b) of Section 14602,6 "direcrs the impounding agency t ~ consider facts or
situarions that might reduce the culpability of the owner and warrant an early release ofihe
im pounded vehicle" (Samples, supra, at pp. 801-802). Hence, a finding that the "vehicle
owner's lack of accual knowledge regarding the unlicensed status of the driver is also a
mitigating circumstance" warranting early release (Id., at p. 805).
Turning to the question posed, both subdivision (p) of Section 22651 and
Secrion 14602.6 3uchorize the impoundment of a vehicle driven by a person who has never
been issued a valid driver's license. While Section 14602.6 specifies it mandatory 3D-day
impoundment period, subdivision (p) of Section 22651 does nor. However, subdivision (p)
of Section 22651 applies generally to vehicles driven by drivers in violation of Section 12500,
which includes drivers whose driver's licenses have expired, while Section 14602.6 applies
only to those vehicles driven by drivers whose licenses were suspended or revoked, or by
drivers who were never issued a driver's license. It is a "long-standing principle of statutory
construction [that] a special srarure governs over a general" (People v, Jacksoll (2005) 129
Cal.App.4th 129, 170). Hence, in regard to a vehicle driven by a person who has never been
issued a driver's license, it is our opinion thar Section 14602.6 would control.
Pursuant to Section 21 of the Vehicle Code, the state has preempted the field of
motor vehicle traffic regulation (Zack's, Inc. v. City of Sausalito (2008) 165 Cal.App.4th 1163,
1183). Subdivision (a) of Seerion 21 prohibits local governmems from waning or enforcing
an ordinance or resolution on matters covered by the Vehicle Code unless expressly
authorized by the Vehicle Code. In this case, paragraph (1) of subdivision (a) of
Section 14602.6 specifically gives a peace officer the discretion to determine whethel' ro
impound a vehicle driven by a person who has never been issued a driver's license; but if the
vehicle is impounded, requires the vehicle to be impounded for 30 days. Subdivisions (d), (f),
and (h) of Section 14602.6 prescribe specific circumstances under which the impounded
vehicle could be released prior to ~ h e end of the 3D-day impoundment period (see Samples,
Honorable Bill Emmerson -Request #1200017 - Page 6
supra, at p. 804). In addition, subdivision (b) of Section 14602.6 directs the impounding
agency to consider facts and situations that might reduce the culpability of the owner,
warranting an early release of the vehicle (Id., at pp. 801-802).1 Hence. the Vehicle Code
covers matters related to the impoundment of vehicles driven by persons who have never
been issued a driver's license and circumstances under which the impounded vehicle may be
released prior to the end of the mandatory impoundment period. Accordingly, pursuant to
Section 21. a local government may nor establish a policy through an ordinance or resolution
authorizing the early release of those impounded vehicles under circumstances not specified
in Section 14602.6.
In summary. Secfion 14602.6 grants d. peace officer the discretion to determine
whether a vehicle driven by a person who has never been issued a driver's license is to be
In exercising this discretion, the peace officer must follow standard criteria,
which may be established by the local government. Once the decision to impound the vehicle
is made, the vehicle is teguired to be impounded for 30 days.
While subdivision (p) of Section 22651 also provides for the impoundment of a
vehicle driven in violation of subdivision (a) of Secrion 12500, Section 14602.6, as a more
specific statute, would govern the impoundment of vehicles driven by a person who had never
been issued a driver's license. Because the Vehicle Code specifkally addresses the
impoundmem of vehicles driven by a person who has never been issued a driver's license and
specifies circumstances under which the impounded vehicle might be released prior [0 the
end of the mandatory 3D-day impoundment period, it has preempted these matters and a
local government may nor provide for the early release of that impounded vehicle in
circumstances not specified in Section 146026.
Accordingly, in our opinion, a local government does not have the authority to
establish a policy authorizing the rdease of an impounded vehicle driven by a driver who has
never beet) issued a driver's license and who does not have a prior convicrion for driving
without a valid driver's license prior to the end of a 3D-day. impoundment period under
I The mirigating circumstance does not need ro justify or excuse the wrongful conduct
of the unlicensed driver (Samples, supra, at p. 801).
Honorable Bill Emmerson -Request #1200017 - Page 7
circumstances not specified in subdivision (b), (d), (f). or (h) of Section 14602.6 of (he
Vehicle Code. .
WKYC:pba
Very (mIy yours,
Diane F. Boyer-Vine
Legislative Counsel
-[LIL' - . / ~ . . '///
v . (I
v'
By
William Chan
Deputy Legislative Counsel
STEVE COOLEY
lOS ANGELES COUNTY DISTRICT ATIORNEY
i 8000 Clara Shortridge Foltz Crlmlnal Justice Genter 210 West Temple Street Los Angeles, CA 900123210 (213) 974-3501
February 27,2012
Chief Charles E. Beck
Los Angeles Police Department
100 West 1 sf Street
Angeles 90012
L\ ........
Dear . eck:
This letter is in response to requests from several members of the Los Angeles County Police
Chiefs Association made to the Los Angeles County District Attorney's Office. We are
responding to all Los Angeles County Police Chiefs. The question essentially is, "should law
enforcement agencies adopt policies prohibiting or restructuring the impounding of vehicles
driven by unlicensed drivers?" In our view, such policies are contrary to state law and likely
would create risks both to public safety and to public treasuries.
Doctrine of Preemption. It is a general rule oflaw in California that when the Legislature
enacts statutes that occupy a particular field of law, cities and counties may not deviate from
state law. A local ordinance or regulation that conflicts with state law is invalid.
The statutory provisions on impounding vehicles, such as those in Vehicle Code (VC)
sections 14601 through 14607.8 and 22650 through 22856 (removal of vehicles), constitute a
comprehensive statutory scheme that occupies the law on impounding vehicles in California,
allowing only those areas of1acal regulation expressly permitted by statute. (Example: VC
22660 authorizes local ordinances for the removal of abandoned vehicles.)
To the extent that any local policy on vehicle impoundment conflicts with state law, the
policy would be invalid under the doctrine of preemption. (0 'Connell v. City of Stockton
(2007) 41Cal. 4th 1067-68.)
Civil Liability. Government Code (GC) section 815.6 provides as follows: "Where apub/ic
entity is under a ma:ndatory duty imposed by an enactment that is designed to protect against
the risk of a particular kind of injury, the public entity is liable for an injury of that kind
proximately caused by its failure to discharge the duty ... "
Chief Charles E. Beck
Los Angles Police Chief
Page 2
VC 14607.6(c)(1), for example, states that if a driver is unable to produce a valid driver's
license as required by V C 12951 (b), "the vehicle shaH be impounded regardless of
ownership," unless licensure can be otherwise established (exception: newly-ena.cted VC
2814.2 restricts impounds at sobriety checkpoints only). Therefore, when an unlicensed
driver fails to produce a license on demand during a traffic stop or at an accident scene, the
vehicle "shall" be impounded. Does this statute create a mandatory duty?
"ShaD' is mandatory and 'may' is permissive." (VC 15; People v. Standish (2006) 38 Cal.
4th 858, 869.) "The legislature's use of 'shall' instead of 'may' in this section
[J4607.6(c)(J)] indicates that it understands the distinction between the two words and acts
deliberately in choosing its vocabulary." (CHP v. Superior Court (2008) 162 Cal.App.4
th
1144, 1154.)
Was the purpose of the mandatory impoundment provision of VC 14607.6 to prevent
damage to lives and property by unlicensed drivers? The Legislature found: "Californians
who comply with the law are frequently victims of traffic accidents caused by unlicensed
driver. These innocent victims suffer considerable pain and properly loss at the hands of
people who flaunt the law." (VC 14607.4(e).)
The legislature further found: "It is necessary and appropriate to take additional steps to
prevent unlicensed drivers .from driving, including the civil forfeiture of vehicles used by
unlicensed drivers. The state has a critical interest in enforcing its traffic laws and in
keeping unlicensed drivers from illegally driving. Seizing the velticles used by unlicensed
drivers serves a significant governmental and public interest, namely the protection of the
health, safety and welfare of Californians from the harm ofrmlicensed drivers, wlto are
involved in a disproportionate number of traffic incidents, and the avoidance of the
associated destruction and damage to lives and property." (VC 14607.4(f).)
Under the foregoing authorities, the failure of an agency to comply with the mandatory duty
created by VC 14607.6(c)(1) to impound vehicles when unlicensed drivers are unable to
produce a license as required by VC 12951(b) may endanger civllliability on the part of
the agency under GC 815.6 for property damage, injury and death resulting from the
operation of a vehicle by an unlicensed driver following the deliberate failure of the
agency to impound the vehicle.
Chief Charles E.Beck
Los Angles Police Chief
Page 3
We recommend seeking the advice of your City Attorney Of the civil counsel when
considering changes to your impound policy.
Very truly yours,
~ ~
STEVE COOLEY
District Attorney
ss
c: Mr. Richard Tefank, Executive Director
Los Angles Police Commission