81.2 - Vehicle Procedures Manual Flashcards Preview

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Flashcards in 81.2 - Vehicle Procedures Manual Deck (114)
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0
Q

When may a vehicle be stored or impounded?

A

Only under the authority of law

1
Q

What is the purpose of the Vehicle Procedures Manual?

A

To consolidate departmental policy and guidelines concerning the reporting and recovery of stolen / embezzled vehicles, impounding and storing vehicles, seizing vehicles for evidence and the abatement of abandoned vehicles.

2
Q

When shall a vehicle report (CHP 180) be completed?

A

for each / any vehicle which is stored, recoverd, or impounded at the direction of a uniformed employee of this Department

3
Q

When is a CHP 180 not required?

A

Only when the vehicle is towed at the request of the owner and the owner or agent retains control of the vehicle

4
Q

Where shall the original CHP 180 be retained?

A

At the Area office.

5
Q

When can a CHP 180 be amended?

A

To indicate a more appropriate storage / impound authority.

6
Q

What is the procedure for amending a CHP 180?

A

Line out incorrect section and replace it with the correct section, complete a brief memo describing the reason for the amendment, contact the tow company and request their copy so it can be changed.

7
Q

When shall the Department send a written notice to the Department of Justice (DOJ) of a stored / impounded vehicle?

A

Only when the vehicle is registered under foreign jurisdiction and the “Notice of Stored Vehicle” is returned unclaimed or the vehicle is not returned to the owner within 120 hours.

8
Q

How long shall a CHP 180 be retained?

A

For a period of time specified on the Records Retention Schedule.

9
Q

How long shall a CHP 180 for evidence impound be retained for?

A

For 2 years or until the case is adjudicated.

10
Q

Who is designated as vehicle appriasers?

A

All officers are designated as vehicle appraisers.

11
Q

When is a tow operator required to make a vehicle appraisal?

A

Of an an officer does not note a value on the vehicle within 3 days.

12
Q

CAn an officer force open a locked container during a vehicle inventory?

A

Departmental employees shall not force open locked containers. They are to indicate in the remarks section that the item is locked.

13
Q

What is the purpose of checking the 22850.3 VC box on the CHP 180?

A

This box is another method to ensure that the vehicle registration requirements are met.

14
Q

Can a departmental employee release a vehicle to a repossessor?

A

With proof of a repossessor’s license, a sales contract containing items that indicate the R/O has defaulted, a lawful foreclosure document, a title showing proof of legal ownership.

15
Q

Who is the Department required to make written notification to when a vehicle is stored / impounded?

A

The registered owner and the legal owner of the vehicle.

16
Q

What information is included in the required notification to the R/O and the L/O

A
  1. Grounds of removal
  2. Place of storage
  3. Right to post storage hearing within 10 days of the date on the notice
17
Q

When shall the notice of a stored / impounded vehicle be sent out?

A

Within 48 hours

18
Q

What is the purpose of Section 9801 VC?

A

DMV Vehicle Seizure for Delinquent Registration

19
Q

Who shoud authorize the impoundment of a vehicle or part having an obviously mutilated or removed identification number?

A

A supervisor or vehicle theft investigator’s approval should be obtained prior to impoundment.

20
Q

What is legislative intent regarding 30 day holds on vehicles?

A

For the driver to be without the vehicle for 30 days

21
Q

When should a vehicle be put on a 30 day hold?

A

if a driver is suspended / revoked or has never been issued a license and is likely to continue to drive

22
Q

When should a vehicle not be subject to a 30 day impound?

A

If the driver is suspended for not proof of insurance or for 11350.6 W&I

23
Q

What notation should be made on the top margin of a 180 for a 30 day hold?

A

“Hold for 30 days”

24
Q

WHat conditions must be met prior to an officer impounding a vehicle for 30 days?

A

The officer shall issue a citation for 12500 a, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5

25
Q

Can an officer put a 30 day hold on a vehicle out of a collision?

A

Yes, the officer must establish that they were driving while suspended or revoked or unlicensed, but SHALL not issue a citation

26
Q

When shall a vehicle be released from a 30 day impound?

A

Upon a court order or upon the completion of the 30 day impound period.

27
Q

What is the R/O or agent required to provide prior to release of an impounded vehicle?

A

A valid driver’s license and proof of insurance.

28
Q

Who has the discretion to release a vehicle prior to the 30 day period?

A

Area Commanders.

29
Q

What are the conditions of an early release for a 30 day impound?

A
  1. Stolen vehicle
  2. Vehicle is subject to bailment and is driven by an unlicensed employee, ex: Parking or repair garage
  3. When the driver can show proof of a valid license and insurance
  4. When the R/O’s failure to inquire or determine if the prospective driver possess a valid license.
30
Q

When can an early release letter be issued?

A

If a vehicle is released early from a 30 day impound

31
Q

When can an officer impound a vehicle used as an instrumentality in the evasion of a peace officer under 14602.7 VC?

A

Only if the officer obtains a warrant or court order

32
Q

How long can an officer impound a vehicle for 14602.8(a)VC, if the driver has a BAC of .10% or more and 1 prior DUI conviction within 10 years?

A

5 days.

33
Q

How long can an officer impound a vehicle for 14602.8(a)VC, if the driver has a BAC of .10% or more and 2 or more prior DUI convictions within 10 years?

A

15 days

34
Q

What events are used to determine the 10 year period?

A

The arrest date (Date of violation) which resulted in a conviction for 23140, 23152, 23153 VC

35
Q

If a driver refuses a chemical test and has a prior DUI conviction within 10 years, what section can you two for?

A

14602.8(a) VC

36
Q

Who is responsible for notifying the tow company of changes on the 180?

A

The area shall establish an SOP to ensure the tow company is notified within 48 hours of the changes.

37
Q

What are the vehicle release conditions for a vehicle impounded for 14602.8(a)VC?

A

A vehicle released under 14602.8(a)VC will follow the same release requirements with the following exceptions:

  1. Failure to notify the L/O within 2 wrking days by certified mail, prohibit the impounding agency from charging more than 5 days.
  2. The vehicle shall be released to the R/O, other than the driver (arrestee), if the R/O agrees not to let the driver use the vehicle until the end of the impound period.
  3. A lien sale processing fee shall not be charged to the L/O who redeems the vehicle prior to the 10th day of a 15 day impound
  4. A rental car agency shall not rent another vehicle tot he driver until the 5-15 day impound period has ended.
38
Q

What is the purpose of 14607.6VC?

A

To impose vehicle forfeiture for driver’s license violations.

39
Q

What are the requirements for 14607.6VC - vehicle forfeiture?

A

The driver is the R/O and is unlicensed / suspended or revoked with a prior misdemeanor conviction for 12500a, 14601.1-.5 VC. Or the R/O has stipulated to an SRVA indicated on the driving record

40
Q

What is an SVRA?

A

Stipulated Vehicle Release Agreement.

41
Q

When shall a vehicle be impounded pursuant to 14607.6VC?

A

Only after a supervisors approval

42
Q

What additional forms are required when impounding a vehicle for the forfeiture section?

A

The top portion of the CHP 180 F must be filled out and a copy given to the R/O

43
Q

When can a vehicle be released from a forfeiture impound per section 14607.6 VC?

A
  1. Determined that the driver has no prior misdemeanor convictions on file
  2. The vehicle is community property with no SVRA on file
  3. A vehicle shall be released to a L/O who, conducts sales or repossessed / forfeited vehicles if the L/O notifies the area of its intent to sale the vehicle within 15 days of mailing the CHP 180G.
44
Q

What conditions allow a vehicle to be stored under 22651(b)VC?

A
  1. Vehicle is creating a traffic hazard
  2. Vehicle is involved in a traffic collision
  3. Vehicle is leaking hazardous materials.
45
Q

What section would allow an officer to impound a vehicle that is stopped and can not move for more that 4 hours, including when a driver is waiting for service when such assistance has an extended arrival time?

A

22651(f)VC

46
Q

When SHALL an officer not store a vehicle pursuant to section 22651(h)VC

A

Only when the officer is on private property owned, leased, or rented by the driver or person in control of the vehicle.

47
Q

What storage authority would be used to store a vehicle with a driver under 21 and a BAC of .01% or greater and a DS 360A (Temporary License / Notice of Suspension)

A

22651(h)2 VC

48
Q

What are the 2 criteria for impounding a vehicle under 22651(j)VC

A

The vehicle is illegally parked and there are no license plates or other proof of registration.

49
Q

What should an officer be able to articulate prior to storing a vehicle that has been parked for more than 72 hours, pusuant to 22651(k)VC?

A

That the vehicle has not used.

50
Q

What does an officer need to add to the “remarks” section of the CHP 180 when storing a vehicle per 22651(k)VC

A

The local ordinance violated which authorizes the removal

51
Q

How many hours are signs required to be erected prior to removing a vehicle for section 22651(m)VC - (Vehicles upon a parade route)

A

24 hours prior to removal

52
Q

What information is required in the “remarks” section of the CHP 180 when a vehicle is stored for 22651(n)VC?

A

Indicate the local ordinance and state the contents of the posted sign, ex: “Tow away zone, no parking or stopping”

53
Q

How many months does a vehicle with unpaid registration have to be expired in order to impound it under 22561(o)VC?

A

In excess of 6 months

54
Q

What does a VIN returning with “No record on File” indicate?

A

That the vehicle has not been registered in excess of 4 years (take the vehicle)

55
Q

Why should an officer not impound a vehicle that has a registration return of “no record on file” when only the license plate was ran?

A

The inquiry from the license plate only checks the state in which the license was issued (fees may be on file in another state)

56
Q

When should a vehicle be impounded for section 22651(p)VC?

A
  1. Only when a citation is issued for an unlicensed or suspended driver
  2. Proper service code must be adhered to.
  3. An out of class license qualifies for unlicensed.
57
Q

What are the service codes that ensure that proper revocation or suspension was delivered?

A

A, B, D, H, J and M

58
Q

How many days are required to pass from the certified mail date for a driver to be considered served under service code “a”?

A

45 calendar days

59
Q

When should an officer issue a DL 310 (Verbal Notification)?

A

Only if service codes I, K, and R show up on the computer with “Verbal or Personal Service is Needed”

60
Q

Can an officer impound a vehicle for 22651(p)VC immediately after issuing a DL 310A?

A

Only if further evidence of suspension or revocation can be substantiated. EX: statements by the driver. passengers or other documentation

61
Q

How may hours must a disabled vehicle be properly tagged with a CHP 422 prior to removal from a rest stop or viewpoint per section 22651(s)VC?

A

At least 8 hours

62
Q

What signs are required to be posted in order to store a vehicle for 22651(s)VC?

A

Signs advising removal authority

63
Q

How long is an alarm required to be activated in order to store a vehicle under section 22651.5VC?

A

20 minutes (could be continuous, intermittently, and repeatedly activated).

64
Q

When can an officer impound a vehicle for a speed contest per section 22651.6 VC?

A

Only when the diver was arrested for 23109 VC

65
Q

When can an officer impound a vehicle while investigating a hit and run pursuant to section 22655(a)VC?

A

Only under legal authority, with supervisory approval and when necessary for investigation.

66
Q

When should a vehicle be stored for evidence?

A

If evidentiary value is crucial to prosecution.

67
Q

Who is required to approve an evidence tow?

A

Supervisor

68
Q

Which tow company should be called out to tow a vehicle for evidence?

A

The areas contracted evidence tow company

69
Q

What does section 23109.2 VC give peace officers authority to do?

A

Impound vehicles for 30 days following a violation of section 23109 VC

70
Q

Who is held liable for the tow and storage fees if the citation for 23109 is dismissed and the charges are not filed?

A

The impounding agency is responsible for the fees.

71
Q

Who is authorized to impound a farm labor vehicle for section 34506.4(b)VC

A

Only Farm Labor Vehicle officers with the approval from a supervisor

72
Q

When is a vehicle considered embezzled?

A

if it has been fraudlently appropriated by a person to whom it was entrusted.

73
Q

Within how many days are required to notify an insurance carrier of a suspected fraudulent report?

A

30 days

74
Q

How long does an area office retain the records for a stolen vehicle that is not recovered?

A

10 years

75
Q

At what times are areas required to make contact with theft victims to determine if the vehicle was recovered?

A

These contacts shall be made at 3 days and at 60 days

76
Q

When can a uniformed officer take a telephonic vehicle theft report?

A

Only when the area has established an SOP

77
Q

What conditions would a telephonic vehicle theft report not be taken?

A
  1. Crime in progress
  2. R/P insists an officer respond
  3. R/P is intoxicated
  4. R/P is stranded
  5. Information is questionable
  6. Theft occurred in city jurisdiction
78
Q

How many “S” numbers are required if: a car is pulling a trailer and both are stolen?

A

A single “S” number is required on multiple stolen vehicles

79
Q

When taking a Mexico Courtesy stolen report (MCSR), where shall you receive the “S” number?

A

Use only border division “S” numbers

80
Q

How long will license plates that come into CHP possession be held for?

A

30 days, then they are delivered to DMV

81
Q

Can a post-storage hearing be completed over the telephone?

A

It can be done in person or over the telephone

82
Q

What for is used if a person is not challenging the storage / impound but is requesting an early release of the vehicle?

A

Use the early release letter

83
Q

Who is responsible for honoring a request for a post-storage hearing?

A

The area commander is required to honor the hearing if it is received at the office or postmarked within the 10 day limit.

84
Q

Who can an area commander designate as a hearing officer?

A

A lieutenant or sergeant

85
Q

When can a hearing officer be the same person that stored / impounded the vehicle?

A

Never

86
Q

When shall the tow hearing take place?

A

The hearing shall be conducted within 48 hoursof request, excluding weekends and holidays.

87
Q

What fors are required to be used during the hearing when the party is contesting the validity of the storage / impound?

A

Hearing officers shall use the 422C (post-storage checklist) and document n a 422B (vehicle hearing storage report)

88
Q

What is the purpose of a hearing officer for a tow hearing?

A

The hearing officer is limited t finding if the storage / impound is lawful or unlawful.

89
Q

Who pays the fees if a storage / impound is determined unlawful?

A

The Department shall pay all of the fees

90
Q

When has a tow company established a lean n a vehicle?

A

Whenever a vehicle has been removed to a storage facility as a result of a CHP 180 or once a vehicle is in transit or recovery operations have begun.

91
Q

What is not considered personal property and is part of a lien?

A

Installed wheels, tires, radios, etc.

92
Q

Who is responsible for all tow and storage costs incurred for vehicles seized pursuant to a search warrant?

A

The Department is responsible.

93
Q

Who is financially liable for vehicles taken without a search warrant?

A

The Department is responsible from the time of the initial seizure until the DA’s office files criminal charges. The DA’s office has financial responsibility from when the charges are filed to when the case is adjudicated.

94
Q

How long are the terms of the evidence contracts with tow venders?

A

No less than 1 year and not greater than 3 years

95
Q

What actions take place if an evidence vehicle is inadvertently towed and stored by a CHP rotation operator?

A

It shall be transferred to the contract tow facility as soon as possible. The tow rotation company shall be advised to charge the Department for all fees.

96
Q

Who is responsible for costs of evidence tow and storage fees if the perpetrator is convicted of a crime?

A

The perpetrator, if the perpetrator does not pay as ordered by the court, an arrest warrant shall be issued.

97
Q

What is the purpose of the Tow Service Agreement (TSA)?

A

To ensure the motoring public is protected from unethical or unfair tow business utilized by the CHP

98
Q

What is the result of failure to comply with the provisions of the TSA?

A

It may result in a written reprimand, suspension, or termination.

99
Q

What is the responsibility of the area regarding the TSA?

A

Implement and perate rotational tow policy and train uniformed personnel.

100
Q

What is required after a preliminary approval to the rotational tow list?

A

A tow facility and equipment inspection is performed.

101
Q

How long do terms of the TSA normally last?

A

The terms are normally one year

102
Q

How often shall CHP provide a comprehensive inspection of tow companies?

A

At least once a year

103
Q

What is the consequence of an operator who fails to comply with a tow inspection?

A

Suspension.

104
Q

How many companies on the tow rotation can share a business license?

A

Tow companies cannot share licenses.

105
Q

Who is responsible for holding annual rotation tow meetings?

A

The Area commander or designee.

106
Q

How long are records concerning violations of the TSA retained for at the area office?

A

36 months from the final disposition of the case

107
Q

What is the result of tow operators or their employees that are arrested?

A

The operator or employee will be disqualified from driving on CHP calls

108
Q

How is the commander or designee required to notify the tow operator of disciplinary action?

A

In writing.

109
Q

How many days do operators have to request a hearing following a disciplinary action?

A

7 calendar days after notification

110
Q

Who holds the rotation hearing for disciplinary action?

A

The area commander shall hold the meeting as soon as possible

111
Q

Should a tape recording be made of the tow rotation hearing?

A

yes

112
Q

How long does an area commander have to notify the tow company of the decision following the tow hearing?

A

10 days

113
Q

When can a TSA be canceled?

A

A TSA may be canceled by either party by written notice.

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