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SFS 2018-19 > 81.2, Vehicle Procedures > Flashcards

81.2, Vehicle Procedures Flashcards

1
Q

If a stored or impounded vehicle has a vehicle(s) carried as cargo (such as a car on a trailer), what information shall be documented in the “Remarks” section of the CHP 180?

A

1) License number
2) VIN number
3) Description of the vehicle(s)

(HPM 81.2, Chapter 1)

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2
Q

Vehicle Code Section 22852 requires the impounding, removing, or storing agency to notify the registered or legal owner of the vehicle within what timeframe?

A

48 hours, excluding weekends and holidays

HPM 81.2, Chapter 1

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3
Q

True or False: A post-storage hearing shall be conducted in person at the Area office.

A

False (may also be conducted in writing or telephonically)

HPM 81.2, Chapter 1

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4
Q

Vehicle Code Section 22855(a) VC authorizes the Commissioner to designate any officer to make __________.

A

Vehicle appraisals

HPM 81.2, Chapter 1

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5
Q

What are the three value categories for appraised vehicles?

A

1) $500 or less
2) $501 to $4,000
3) $4,001 and over

(HPM 81.2, Chapter 1)

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6
Q

True or False: all officers actively participating in a vehicle inventory shall be noted by name and ID number on the CHP 180.

A

True (in the “Remarks” section)

HPM 81.2, Chapter 1

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7
Q

True or False: if the driver or other occupants request possession of property (purse, backpack, clothing, etc.) during a vehicle storage/impound, the officer may pat the item down for weapons.

A

True

HPM 81.2, Chapter 1

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8
Q

True or False: an officer may force the lock of a locked glove compartment console, trunk, or box for inventory purposes.

A

False (locked compartment shall be noted on the CHP 180)

HPM 81.2, Chapter 1

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9
Q

If an officer marks the 22850.3 CVC box, what should the officer notate in the top margin of the CHP 180?

A

“Registration violation - to be cleared through CHP only”

HPM 81.2, Chapter 1

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10
Q

True or False: a repossessor shall have original documents (certificate of repossession, security agreement, vehicle title) in order to obtain a release for a stored or impounded vehicle.

A

False (copies, fax, or electronic are acceptable)

HPM 81.2, Chapter 1

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11
Q

True or False: a repossessor is required to pay registration fees prior to release of the vehicle.

A

False

HPM 81.2, Chapter 1

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12
Q

True or False: when an unlicensed driver is encountered at a sobriety checkpoint, the officer must make a reasonable attempt to identify the registered owner (RO) of the vehicle and release the vehicle to the RO prior to initiating an impound.

A

True

HPM 81.2, Chapter 2

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13
Q

Approval should be obtained from ____________ prior to seizing a vehicle for an obvious violation of 10751(b) VC, Altered/Missing VIN.

A

A supervisor or vehicle theft investigator

HPM 81.2, Chapter 2

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14
Q

A vehicle being driven by someone whose driving privilege is restricted pursuant to 13352 or 23575 VC and the vehicle is not equipped with a functioning certified ignition interlock device may be impounded pursuant to ___________ VC.

A

14602.6 VC (30 day hold)

HPM 81.2, Chapter 2

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15
Q

True or False: when a vehicle is impounded for 30 days pursuant to 14602.6 VC out of a traffic collision, the driver should be issued a citation for 12500(A) VC or 14601.1 through 14601.5 VC.

A

False (shall not cite for these sections out of a collision)

HPM 81.2, Chapter 2

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16
Q

True or False: officers may impound a vehicle for 30 days if the driver is driving out of class.

A

False

HPM 81.2, Chapter 2

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17
Q

What are the valid reasons a vehicle shall be released early from a 30-day impound through a storage hearing?

A

1) The vehicle is a stolen vehicle
2) The vehicle is subject to bailment and is driven by an unlicensed employee of a business establishment
3) The vehicle was impounded for 30 days under a VC section that doesn’t allow for a 30 day impound.
4) The driver’s driving privilege has been reinstated or a driver license issued

(HPM 81.2, Chapter 2)

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18
Q

May the name of the registered owner or legal owner be changed on a vehicle’s record before the vehicle is released from impound?

A

No

HPM 81.2, Chapter 2

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19
Q

What is the Vehicle Code section used to impound a vehicle for 30 days when it is used in the act of fleeing a peace officer or reckless driving and a warrant or order from a court authorizing the removal and seizure of the vehicle has been obtained?

A

14602.7(a) VC

HPM 81.2, Chapter 2

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20
Q

What Vehicle Code section authorizes a 5 or 15 day impound for a second or more violations of DUI?

A

14602.8 VC

HPM 81.2, Chapter 2

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21
Q

How many DUI convictions are required before a vehicle may be impounded for 15 days under 14602.8 VC?

A

2 within 10 years

HPM 81.2, Chapter 2

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22
Q

What Vehicle Code section shall be used as an impound authority when an officer encounters a driver who is the RO and is unlicensed or has a suspended/revoked license, and the driver has a prior misdemeanor conviction for driving while suspended/revoked, or the RO of the vehicle has a Stipulated Vehicle Release Agreement indicated on the vehicle’s record.

A

14607.6(a) VC - Vehicle forfeiture for driver license violations

(HPM 81.2, Chapter 2)

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23
Q

True or False: an officer may impound a vehicle pursuant to 14607.6(a) VC - Vehicle forfeiture for driver license violations, when the driver has either a misdemeanor or infraction conviction of driving while unlicensed or suspended/revoked.

A

False (must be a misdemeanor conviction)

HPM 81.2, Chapter 2

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24
Q

All forms and documents related to a vehicle forfeiture shall be retained at the Area level for ______ years.

A

Six

HPM 81.2, Chapter 2

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25
Q

What Vehicle Code section is used to impound a vehicle when the driver is under the age of 21 and has a BAC of .01% or greater and is issued a DS 367M, Under Age 21 Officer’s Statement, or the driver is on probation for prior DUI pursuant to 13389 VC?

A

22651(h)(2) VC

HPM 81.2, Chapter 2

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26
Q

Officers should routinely check the _______ box on the CHP 180 to ensure proof of current registration is provided for vehicle release procedures.

A

“Section 22850.3 CVC”

HPM 81.2, Chapter 2

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27
Q

An officer shall immediately issue a DL 310A, Verbal Notice by Peace Officer, DMV, or Court Employee on what suspension service codes?

A

I, K, R, and Service Code A issued prior to June 30, 1995

HPM 81.2, Chapter 2

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28
Q

What Vehicle Code section is used to impound a vehicle for 48 hours when it is suspected of being involved in a hit and run collision and the driver failed to comply with 20002 VC through 20006 VC?

A

22655(a) VC - Impound for Investigation

HPM 81.2, Chapter 2

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29
Q

What Vehicle Code section is used to remove a reported stolen or embezzled vehicle from private property?

A

22653(a) VC

HPM 81.2, Chapter 2

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30
Q

What Vehicle Code section allows for the removal of a vehicle when there is probable cause to believe the vehicle was used as the means of committing a public offense or a search warrant is obtained.

A

22655.5(a) VC

HPM 81.2, Chapter 2

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31
Q

What Vehicle Code section allows for the removal of a vehicle when there is probable cause to believe the vehicle is itself evidence which shows that a crime has been committed, or the vehicle contains evidence that cannot be readily removed.

A

22655.5(b) VC

HPM 81.2, Chapter 2

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32
Q

What form(s) must be signed by the tow operator when a vehicle is impounded as evidence?

A

CHP 180 and CHP 36

HPM 81.2, Chapter 2

33
Q

True or False: a vehicle should be seized as evidence for possible civil litigation purposes.

A

False

HPM 81.2, Chapter 2

34
Q

Notice to the district attorney’s office shall be made within what timeframe when a vehicle is seized as evidence?

A

72 hours, excluding weekends and holidays

HPM 81.2, Chapter 2

35
Q

True or False: a vehicle impounded under the authority of a search warrant cannot be released except by a court order.

A

True

HPM 81.2, Chapter 2

36
Q

A vehicle is ________ when it is fraudulently appropriated by a person to whom it has been entrusted.

A

Embezzled

HPM 81.2, Chapter 3

37
Q

When there is reason to believe that a vehicle theft has been falsely reported with the intent to defraud the insurance company, the commander shall notify the insurance carrier within _______ days.

A

30 days

HPM 81.2, Chapter 3

38
Q

Vehicle Code Section 10855 allows detention of the driver to determine _____________.

A

Rightful possession of the vehicle

HPM 81.2, Chapter 3

39
Q

True or False: vehicle/component theft reports may be accepted over the phone.

A

True (with Division commander approval)

HPM 81.2, Chapter 3

40
Q

True or False: clerical personnel may accept vehicle/component theft reports over the phone.

A

False (only officers/uniformed personnel)

HPM 81.2, Chapter 3

41
Q

True or False: if multiple vehicles are stolen in a single incident (such as a vehicle towing a trailer coach), a single S-number is used for all involved vehicles.

A

True

HPM 81.2, Chapter 3

42
Q

True or False: when recording out-of-state license numbers in the CHP 180, dashes or symbols shall not be shown as they appear on the license plates.

A

False (they shall be shown)

HPM 81.2, Chapter 3

43
Q

True or False: officers should only take a stolen boat report if the vessel is mounted upon a vehicle which has also been stolen.

A

True

HPM 81.2, Chapter 3

44
Q

True or False: the Department takes courtesy stolen reports for incidents that occurred in Mexico.

A

True

HPM 81.2, Chapter 3

45
Q

Is a CHP 180 required if a license plate is recovered and no previous report of it having been lost or stolen is on record?

A

No

HPM 81.2, Chapter 3

46
Q

Vehicle Code Section ___________ allows for recovery of a vehicle on private property.

A

22653(a) VC

HPM 81.2, Chapter 3

47
Q

Vehicle Code Section ___________ allows for recovery of a vehicle on state property.

A

22659(c) VC

HPM 81.2, Chapter 3

48
Q

When a person requests an early release of a vehicle storage or impound and the vehicle is not released, a __________ form shall be completed.

A

CHP 422B, Vehicle Storage Hearing Report

HPM 81.2, Chapter 4

49
Q

In order to be granted a post storage hearing, the registered owner, legal owner, or agent is required to request a hearing within _______ days of the date of the notice of stored vehicle.

A

10 days

HPM 81.2, Chapter 4

50
Q

It is at the discretion of __________ to honor a request for a post-storage hearing that is outside of the 10 days of the postmarked mailed notice.

A

Area commander

HPM 81.2, Chapter 4

51
Q

When a post-storage hearing is requested, it must be held within ________ of the request.

A

48 hours

HPM 81.2, Chapter 4

52
Q

True or False: during a post-storage hearing, the officer who initiated the storage/impound shall be present.

A

False (need not be present)

HPM 81.2, Chapter 4

53
Q

The person requesting a post-storage hearing shall be provided a copy of the CHP 422B, Vehicle Storage Hearing Report within ______ days.

A

10 business days

HPM 81.2, Chapter 4

54
Q

What are the appeal options for a person who disagrees with a post-storage hearing officer’s decision?

A

Submit a CHP 287, claims of $1,000 or Less or file a claim through the Government Claims Board (for claims exceeding $1,000)

(HPM 81.2, Chapter 4)

55
Q

If a storage or impound is found to be invalid after a post-storage hearing, who is responsible for paying for the towing/storage fees?

A

The Department

HPM 81.2, Chapter 4

56
Q

True or False: if a storage or impound is found to be invalid after a post-storage hearing, and the storage/towing fees are already paid, the registered owner or legal owner is entitled to reimbursement.

A

True

HPM 81.2, Chapter 4

57
Q

A CHP 287 or Government Claims Board claim must be filed no later than _____ months after the accrual of the storage or impound.

A

Six months

HPM 81.2, Chapter 4

58
Q

A completed CHP 422B, Vehicle Storage Hearing Report shall be routed to the appropriate field Division within _____ days of the hearing.

A

Five working days

HPM 81.2, Chapter 4

59
Q

Copies of CHP 422B, Vehicle Storage Hearing Reports shall be retained at the Area office for ______ years.

A

Two years

HPM 81.2, Chapter 4

60
Q

True or False: the Department is financially responsible for all costs incurred as a result of towing and storage of vehicles and/or vehicle components seized pursuant to a search warrant.

A

True

HPM 81.2, Chapter 6

61
Q

Questions regarding policy or procedures related to evidence impounds should be directed to ___________.

A

Research and Planning Section

HPM 81.2, Chapter 6

62
Q

Questions regarding evidence tow contract issues shall be directed to ___________.

A

Business Services Section, Contract Services Unit

HPM 81.2, Chapter 6

63
Q

All vehicles and/or vehicle components seized as evidence ___________ (should/shall) be referred to the evidence contract tow service.

A

Shall

HPM 81.2, Chapter 6

64
Q

When a vehicle is seized as evidence, who is responsible for on-scene cleanup?

A

The registered or agent of the vehicle seized

HPM 81.2, Chapter 6

65
Q

True or False: it is the Department’s policy to seek reimbursement for costs incurred for vehicles impounded as evidence pursuant to 22655.5 VC.

A

True

HPM 81.2, Chapter 6

66
Q

Section 22655.5(d) VC provides a means for the recovery of the towing and storage costs under what circumstances?

A

When the perpetrator is convicted of a crime

HPM 81.2, Chapter 6

67
Q

True or False: if the perpetrator does not comply with a court order to reimburse the CHP for evidence tow costs, the court should issue a warrant for the perpetrator’s arrest.

A

True

HPM 81.2, Chapter 6

68
Q

When a perpetrator makes reimbursement to the appropriate Area office, the Area shall issue a _______ form.

A

CHP 251, Counter Receipt

HPM 81.2, Chapter 6

69
Q

True or False: a tow company that has entered into a contract with the Department to facilitate evidence impound requests is not subject to terms of the Tow Service Agreement when the request is for evidence impounds only.

A

True

HPM 81.2, Chapter 6

70
Q

True or False: a lien against a vehicle that has been impounded does not apply to any personal property in or on the vehicle.

A

True

HPM 81.2, Chapter 5

71
Q

True or False: the tow operator is not responsible for personal property in or on the vehicle after the vehicle has been disposed of through the lien sale process.

A

True

HPM 81.2, Chapter 5

72
Q

True or False: if a tow operator is given a written reprimand, suspension, or termination of the tow service agreement (TSA), the Department is required to provide a hearing and appeal process.

A

True

HPM 81.2, Chapter 7

73
Q

The _____________ is the primary concern of the TSA Advisory Committee.

A

Needs and safety of the motoring public

HPM 81.2, Chapter 7

74
Q

The ________ form is used for complaints against tow operators

A

CHP 234G, Rotation Tow Complaint Investigation

HPM 81.2, Chapter 7

75
Q

What is the retention period for a rotation tow company’s file?

A

Current year plus three years

HPM 81.2, Chapter 7

76
Q

True or False: a tow driver may utilize the right shoulder or center median to respond to a scene.

A

True (but only after explicit permission has been granted by the on-scene officer)

(HPM 81.2, Chapter 7)

77
Q

True or False: an officer may direct a tow operator (not currently at the top of the rotation tow list) to assist with the movement of vehicles to clear the roadway.

A

True

HPM 81.2, Chapter 7

78
Q

True or False: an officer on scene may assign tow trucks to certain vehicles on a first-to-arrive/first choice basis.

A

True

HPM 81.2, Chapter 7

79
Q

The enrollment period for the rotation tow program shall be open for a minimum of ______ days.

A

30 days

HPM 81.2, Chapter 7

SFS 2018-19 (54 decks)

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