A property owner or their agent is prohibited from allowing a vehicle to be towed within one hour of it being parked. CVC § 22953(a).

Exceptions include any vehicle parked in a fire lane, designated parking space for disabled persons, designated tenant parking space, within 15 feet of a fire hydrant, or in a manner interfering with the entrance or exit to a property. CVC § 22953(b)-(c).

• What if the tow company fails to wait one hour? It is a misdemeanor for a tow company to tow a vehicle unless it makes a good faith effort to determine the property owner or agent has waited one hour before authorizing the tow. CVC § 22658(l)(1).
• How can I verify one hour has passed? A towing company must provide owners of towed vehicles a copy of a written authorization with the following information:
  • The make, model, VIN, and license plate of the vehicle, CVC § 22658(l)(1)(B)(i),
  • The name, signature, job title, property address, and phone number of the person who authorized the vehicle’s removal, CVC § 22658(l)(1)(B)(ii),
  • The grounds for the removal of the vehicle, CVC § 22658(l)(1)(B)(iii),
  • The time the vehicle was first observed parked, CVC § 22658(l)(1)(B)(iv), and
  • The time authorization to tow the vehicle was given, CVC § 22658(l)(1)(B)(v).

The property owner or their agent must authorize the tow of a vehicle from private property by verifying the reason for towing the vehicle. The property owner or their agent must be present at the time of the tow and sign a written authorization for the tow. CVC § 22658(l)(1)(a). 

Exceptions exist for a vehicle that is illegally parked and for tenants who live in a residential property with 15 or fewer units without an onsite manager to authorize the tow. CVC § 22658(l)(1)(a).

The property owner must post a visible sign (at least 17 inches by 22 inches with 1-inch letters) indicating that parking is prohibited, vehicles will be towed at the owner’s expense, and the phone number of local law enforcement. CVC § 22658(a)(1).

Exceptions exist for a vehicle that was issued a parking violation notice at least 4 days (96 hours) before the tow; a vehicle that is missing major parts (e.g., engine, wheels, transmission, doors) and the property owner notified law enforcement of the parking violation at least 24 hours in advance; or a property that is a single-family dwelling. CVC § 22658(a)(2)-(4).

If a vehicle owner returns to their vehicle before the tow truck has left the parking lot, the tow truck driver must immediately and unconditionally release the vehicle. CVC § 22658(g)(1)(B).

• Do I have to pay on the spot if I arrive during the tow? No, the tow truck driver cannot demand payment to release your vehicle. Failure to release a vehicle despite an owner’s request is a misdemeanor. CVC § 22658(g)(1)(C). However, the tow company may impose a charge for up to one-half the regular tow fee for having hoisted the vehicle released at a returning owner’s request, CVC § 22658(h), and pursue action for nonpayment of the charge.

A tow company must tow the vehicle to a storage facility within 10 miles of the property where it was parked. It can only take a vehicle farther than 10 miles if local law enforcement provides written permission prior to the tow. CVC § 22658(n)(1)(A).

A storage facility must be open to pick up your vehicle Monday through Friday, 8 a.m. - 5 p.m., except on holidays, and must release vehicles after normal business hours. CVC § 22658(n)(2).

A storage facility must provide an itemized invoice of all towing and storage charges. CVC § 22651.07(b). It is unlawful for facilities to charge excessive rates for towing or storage, as they cannot charge more than the rates specified by law enforcement in the area. CVC § 22658(i)(1)(A).

A storage facility must accept valid credit cards as payment and must have sufficient funds on the premises to provide correct change for cash payments. CCV §§ 22658(k) and 22651.07(c)(5).

• What if my vehicle was damaged? Towing companies are responsible for damage incurred to the vehicle during the tow and subsequent storage. CVC § 22658(f)(1).
• Can a storage facility charge me on behalf of the property owner? No. It is illegal for a facility to collect money on behalf of the property owner to release the vehicle. CVC § 22658(i)(1)(A).
• What if I have personal property inside my towed vehicle? Towing companies must allow vehicle owners to retrieve their personal property from the vehicle where it is being stored CVC § 22651.07(c)(1), and inspect the vehicle CVC § 22651.07(c)(3)(A), during normal business hours, for no charge, and without having to pay any other charges owed for the tow, storage, or recovery of the vehicle. CVC § 22651.07(c).

A towing company must notify San Diego Police of any tow no later than 30 minutes after removing the vehicle, or 15 minutes after arriving at a storage facility, whichever is earlier. CVC § 22658(m).

Victims may pursue legal action to protect or enforce their rights by:

• Suing the property owner, tow company, and storage facility for damages, including up to 4 TIMES the amount of the towing and storage fees. CVC § 22658(j)(1); or
• Filing an action without hiring an attorney in Small Claims Court for up to $12,500.
  • Vehicle owners should reference the Department of Consumer Affairs’ Guide to Using the Small Claims Court for assistance in bringing this action.