Impound Laws California
California’s vehicle‐code rules give police and private parties authority to impound or tow vehicles in many situations. Many of these rules carry timelines for release, a right to an informal post‑storage hearing, and responsibility for towing and storage costs. Below is a detailed guide to these requirements and recent changes.
Common Grounds for Vehicle Impoundment
| Circumstance | Summary |
|---|---|
| Unlicensed, suspended or restricted drivers | Under Vehicle Code (VC) § 14602.6, peace officers may seize a vehicle when the driver has never been licensed or is driving with a suspended/restricted licence. The vehicle is held for 30 days. The impounding agency must send notice within two working days; failure limits storage charges to 15 days. Early release is required if the vehicle was stolen, subject to bailment, or the driver reinstates their licence. |
| DUI or repeat DUI offenders | VC § 14602.8 allows officers to impound vehicles driven by people convicted of DUI in the past 10 years. A first conviction allows a 5‑day impound; a second or subsequent conviction allows 15 days. Officers must provide notice within two working days and offer a hearing. The vehicle is released early if it was stolen, subject to bailment, or if the driver is not the sole registered owner. |
| Driving while suspended after conviction | VC § 14602.5 lets a court order a motor vehicle or motorcycle impounded for up to six months after a first conviction, or 12 months after subsequent convictions, when the owner drives with a suspended or revoked licence. |
| Fleeing a peace officer or street racing | VC § 14602.7 authorises a 30‑day impound when a magistrate finds a vehicle was used to flee a peace officer or participate in street racing. Notice must be sent within two working days and a post‑storage hearing is required. Early release applies when the vehicle was stolen, subject to bailment or undue hardship. |
| Hit‑and‑run or vehicles used in crime | VC § 22655 allows police to remove a vehicle believed to have been involved in a hit‑and‑run. It must be released within 48 hours, excluding weekends and holidays. VC § 22655.5 allows removal when a vehicle was used to commit a crime or contains evidence. A lien cannot be placed unless the owner permitted the driver; courts may order the perpetrator to pay towing/storage fees when convicted. |
| Private property violations | VC § 22658 permits private property owners to have vehicles towed if signs are posted or certain conditions are met (e.g., parked in a private lot without permission for more than 96 hours). Tow operators must notify law enforcement within one hour and release the vehicle if the owner arrives before it is removed. Owners can sue for damages if property owners fail to follow the notice requirements. |
| Abandoned vehicles | VC § 22669 authorises removal of vehicles abandoned on public or private property. Vehicles missing major parts (engine, wheels etc.) are deemed a hazard and can be removed immediately. |
| Expired registration or owner arrested | Many police departments (Marysville, Paradise, San Bernardino, San Jose) indicate that vehicles may be towed when registration is expired for more than six months, when the driver is arrested, or when a driver never had a licence. These policies emphasise the owner’s duty under VC § 14604 to ensure drivers have a valid licence; owners are liable for towing and storage fees. |
Duration of Impoundment and Release
| Impound reason | Statutory hold period | Comments |
|---|---|---|
| Unlicensed/suspended/restricted driver (VC 14602.6) | 30 days | Early release is mandatory if the driver’s licence is reinstated, the vehicle is stolen, subject to bailment or community property, or if the driver is not the registered owner. |
| Hit‑and‑run (VC 22655) | 48 hours | The 48‑hour period excludes weekends and holidays. |
| Vehicle used in crime/evidence (VC 22655.5) | Until evidence is taken | No lien attaches unless the owner permitted the driver; courts may order the offender to pay costs. |
| DUI convictions (VC 14602.8) | 5 days (first conviction); 15 days (subsequent) | Notice must be provided within two working days; early release available under specified conditions. |
| Street racing or fleeing (VC 14602.7) | Up to 30 days | A magistrate must determine involvement; early release possible for hardship or if the vehicle was stolen or subject to bailment. |
| Court‑ordered impound (VC 14602.5) | Up to 6 months (first), 12 months (subsequent) | Applies when an owner drives after licence revocation; costs become a lien on the vehicle. |
| Vehicle forfeiture as nuisance (VC 14607.6) | Up to permanent forfeiture | Allows forfeiture when a driver who is also a registered owner repeatedly drives unlicensed or with a suspended licence. Officers must verify licence status before impound and consider community property interests; owners can request a hearing. |
Procedural Rights
- Notice and hearing: After a vehicle is seized, the impounding agency must send the registered owner notice within two working days (for most impounds). Owners have a right to an informal post‑storage hearing under VC § 22852 to contest the validity of the impound. The request must generally be made within ten days of receiving notice. Hearings are held promptly, and decisions are issued within 48 hours; fees may be waived if the impound is found to be invalid.
- Vehicle release requirements: To retrieve a vehicle, you must usually appear in person at the impounding agency with a valid driver’s licence, current registration and proof of insurance. Many departments charge a city‑issued release fee (e.g., Paradise Police Department charges about $180.80). Storage facilities must accept credit cards and insurance checks.
- Owner responsibility: VC § 14604 requires owners to ensure that anyone driving their vehicle has a valid licence. Owners are therefore responsible for towing and storage fees if an unlicensed driver is caught.
Abandoned and Private Property Tows
- Private property: Property owners may tow vehicles parked without permission. Operators must provide a written notice showing the vehicle’s mileage and time of removal and notify law enforcement within one hour. The vehicle must be released to the owner if they arrive before the tow truck leaves. Failure to post required signage or give notice can result in liability for damages.
- Abandoned vehicles: Peace officers may remove vehicles left unattended for 72 hours or those missing major components. These vehicles may be sold or destroyed after notice.
Repeat Offenses and Forfeiture
- Vehicle forfeiture (VC 14607.6): A vehicle can be forfeited as a nuisance when a driver who is also the registered owner has a previous conviction for unlicensed driving or driving with a suspended licence. Officers must not stop a vehicle solely to check licensing and must confirm the driver’s licence status before impound. Community property interests must be considered; the vehicle must be released if the licence expired within 30 days, or if there are co‑owners not involved. Some owners may sign a “stipulated vehicle release agreement” promising forfeiture if a future offence occurs.
Recent Legislative Changes (2025‑2026)
AB 875 (2026) – Electric Bikes and Light Electric Vehicles
- Assembly Bill 875, effective January 1 2026, gives peace officers authority to impound for at least 48 hours a vehicle with fewer than four wheels (e‑bikes, scooters and similar devices) that does not meet the definition of an electric bicycle and is powered by an electric motor capable of exceeding 20 mph, when the operator is unlicensed.
- The law also allows a 48‑hour impound of a Class 3 electric bicycle being operated by a child under 16. A safety course may be required as a condition of release when a child under 16 operates such an e‑bike.
AB 987 (2025) – Vehicle Towing and Storage Fees (Signed into Law on Oct 6 2025)
AB 987 (Sharp‑Collins) expands the definition of unreasonable towing and storage fees. According to the Senate committee analysis, the bill:
- Adds fees considered unreasonable for any tow including:
- Additional towing fees exceeding 10 % of the normal towing rate due to after‑hours calls when gate fees are reasonably assessed.
- Storage fees charged for state holidays that exceed the posted daily rate.
- Towing fees when the owner is directed by law enforcement to move the vehicle only to clear a roadway for emergency access. Operators removing a vehicle under those circumstances are relieved of liability for property damage.
- Storage fees accruing after the owner has requested release and paid all fees.
- Storage fees exceeding 50 % of the daily rate when a vehicle is recovered within the first four hours.
- Declares certain fees unreasonable for all tows (previously limited to insured tows), including administrative, security, dolly, load/unload, pull‑out and gate fees during normal business hours.
- Defines normal business hours as Monday–Friday 8 a.m. to 5 p.m., excluding state holidays.
This law aims to protect consumers from predatory pricing and ensures fairness and transparency when vehicles are towed.
Practical Advice for You
- Know the reason for the impound. The duration of the hold depends on why the vehicle was seized. For example, unlicensed driving typically results in a 30‑day impound, while a hit‑and‑run hold is limited to 48 hours.
- Request a post‑storage hearing. If you believe the impoundment was improper or you need early release, promptly request a hearing (within ten days of notice). An informal hearing may reduce or eliminate fees.
- Gather documentation. When retrieving a vehicle, bring valid ID, vehicle registration and insurance. Some jurisdictions also require payment of a city‑issued release fee.
- Review towing and storage invoices. Under AB 987, fees such as administrative charges, after‑hours surcharges and holiday fees may be unlawful if they exceed the limits described above. Facilities must accept credit or debit cards.
- Watch for new e‑bike rules. Starting in 2026, unlicensed operators of high‑powered e‑scooters and children under 16 on Class 3 e‑bikes can have their vehicles impounded for 48 hours. A safety course may be required for release.
- Consider legal advice. This summary provides general information and is not legal counsel. If your vehicle has been impounded and you have questions about your rights or fees, consult an attorney.
Fleet Vehicle Recovery Services
If you need help recovering a fleet vehicle, don’t hesitate to call Impound Compliance LLC for assistance.