95-007 Policy Regarding Section 14607.6 of the Vehicle Code, Impounding of Vehicles for Forfeiture

The purpose of this Field Operations Directive is to outline the specific policies and procedures required to impound and to dispose of vehicles pursuant to Section 14607.6 of the Vehicle Code (VC). Storage or impoundment of any vehicle for this section shall be accomplished in accordance with this Field Operations Directive and other applicable departmental policies.

Section 14607.6 VC provides for the forfeiture of a vehicle as a nuisance when:

• The driver is the registered owner (R/O), is unlicensed or has a suspended or revoked license, and has a prior misdemeanor conviction for 12500(a), 14601, 14601.1, 14601.2, 14601.3, 14601.4, or 14601.5.

NOTE:  Section 19.8 of the Penal Code provides that Sections 12500(a) and 14601.1 VC may be reduced from a misdemeanor to an infraction. As of January 1, 1995, Sections 14601(a), 14601.1(a), and 14601.2(a) are no longer specified as misdemeanors, they are infractions. However, these sections still call for punishments that include time in the county jail. Per Penal Code Section 19.6, infractions cannot result in a punishment of imprisonment. There is proposed legislation to return these sections to misdemeanor violations.      Currently the District Attorney’s Office is filing misdemeanor charges, but it is unknown if this practice will withstand judicial scrutiny in the future. As a result of this inconsistency, any conviction(s) for these sections after January 1, 1995 will not qualify for a vehicle forfeiture.

• The driver is unlicensed or has a suspended or revoked license, and the R/O of the vehicle has a Stipulated Vehicle Release Agreement (SVRA) indicated on his or her driving record.

Section 14607.6 VC does not apply to a person whose driver’s license has expired within the preceding 30 days when the driver would otherwise have been properly licensed.

Section 14607.6 VC also does not apply to a driver that has a valid license, but the license is for a class of vehicle other than the vehicle operated by the driver.

POLICY

Section 14607.6 VC shall be used when a deputy encounters a driver who is the R/O of the vehicle, who is unlicensed or has a suspended or revoked license, and only when there is an indication that other enforcement means have not or will not be effective in deterring the driver from continuing to operate the motor vehicle. Additionally, a deputy may impound a motor vehicle for forfeiture when the driver, not necessarily the R/O, is unlicensed or has a suspended or a revoked license, and the R/O of the vehicle has a SVRA indicated on his/her driving record.

Prior to impounding a vehicle pursuant to this section, the deputy should consider the totality of the circumstances surrounding the enforcement contact. Consideration should be given to previous actions, if ascertainable, which failed to deter the driver from driving (i.e. prior storage(s)/impound(s), prior/current suspension(s), license conviction(s), suspensions for dangerous driving acts, convictions for moving violations, driving under the influence, traffic collisions, attempts to evade arrest, etc).

Once the decision has been made to impound a vehicle for forfeiture as a nuisance, the impound authority shall be listed as 14607.6/14602.6/22651(p) VC on the CHP 180, Vehicle Report. Vehicles impounded for Section 14607.6/14602.6/22651(p) VC should be entered into the Stolen Vehicle System as a 14607.6 VC impound, as required.

NOTE:  Due to the complexity of Section 14607.6, and the inconsistencies between Sections 14607.6 and 14602.6, it is necessary to list all three storage authorities on the CHP 180. If the vehicle cannot be forfeited pursuant to Section 14607.6, impound authority Section 14607.6 shall be crossed out on the CHP 180 and the remaining most appropriate impound authority shall be circled by the station’s traffic staff. This change in impound authority shall be immediately relayed to the Registered Owner (preferably by phone) and the tow company, entered into the Stolen Vehicle System, and documented on a supplemental report.

IMPOUND PROCEDURE

FORFEITURE, DRIVER IS THE REGISTERED OWNER

• Reasonable suspicion existed for the car stop.
• The vehicle was observed being operated on a public highway.
• The driver is unlicensed or their license is suspended/revoked.
• The deputy shall confirm the notice of suspension or revocation was delivered under a good service code (B, C, D, E, F, G, H, I, J, K, or M) (refer to attachment “DMV Codes - Proof of Service).
• The driver must be cited, at the time of impound, for a violation of Section 12500(a), 14601, 14601.1, 14601.2, 14601.3, 14601.4, or 14601.5 V.C.
• The driver has a prior conviction(s) of 12500(a), 14601, 14601.1, 14601.2, 14601.3, 14601.4, or 14601.5 V.C. listed on his/her driving record (When required, misdemeanor violations will be confirmed by the station at a later time).
• The deputy completes a CHP 180. The impound authority shall be listed as 14607.6/14602.6/22651(p) V.C.
• The deputy shall complete the top section of a CHP 180F, Vehicle Forfeiture Report.
• The R/O (driver) is served with a copy of the Personal Notice of Intended Vehicle Forfeiture (Page 3 of CHP 180F), complete with the name and address of the appropriate District/City Attorney and station indicated on the form.
• The deputy shall provide for the safety and/or transportation of the driver and all passengers.
• The Deputy shall submit the completed 14607.6 VC, IMPOUND/FORFEITURE FIELD CHECK LIST, “DRIVER IS THE REGISTERED OWNER” form (see attachment under the same name) with the other required paperwork for the impound.

FORFEITURE, DRIVER IS “NOT” THE REGISTERED OWNER

• Reasonable suspicion existed for the car stop.
• The vehicle was observed operating on a public highway.
• The driver is unlicensed or their license is suspended/revoked.
• The deputy shall confirm the notice of suspension or revocation was delivered under a good service code (B, C, D, E, F, G, H, I, J, K, or M). (refer to attachment “DMV Codes - Proof of Service).
• The driver must be cited, at the time of impound, for a violation of Section 12500(a), 14601, 14601.1, 14601.2, 14601.3, 14601.4, or 14601.5 V.C.
• An SVRA is indicated on the driving record of the vehicles registered owner.
• A SVRA is a document signed by the registered owner or a community property interest owner in consideration for the release and non-forfeiture of a vehicle. A SVRA provides for the automatic future forfeiture and transfer of title to the state of any vehicle registered to that person, if the vehicle is driven by any driver who is unlicensed or has a suspended or revoked license.
• The driver was operating the vehicle with the knowledge of the R/O.

NOTE:  If the driver is in possession of a temporary license, an application for a duplicate license, an expired or suspended hard copy license, or other official DMV documentation that could have been used to purport to the R/O the driver was properly licensed at the time permission was obtained to operate the vehicle, Section 14602.6 VC would most likely be the appropriate section for impound (Section 22651(p) should also be considered as Section 14602.6 has limitations on enforcement). Forfeiture of the vehicle would not be applicable. Absent the above documentation, it is presumptive the R/O had knowledge of the invalid license status of the driver.

If the vehicle was stolen at the time of the traffic stop, or is a “rental” vehicle and the driver is not one of the drivers of record on the rental agreement, neither a 30 day impound nor a vehicle forfeiture would be applicable. Section 22651(p) would be the most appropriate impound authority.

• The deputy completes a CHP 180. The impound authority shall be listed as 14607.6/14602.6/22651(p) V.C.
• The deputy shall complete the top section of a CHP 180F, Vehicle Forfeiture Report.
• The deputy shall provide for the safety and/or transportation of the driver and all passengers.
• The Deputy shall submit the completed 14607.6 VC, IMPOUND/FORFEITURE FIELD CHECK LIST, “DRIVER IS NOT THE REGISTERED OWNER” form (see attachment under the same name) with the other required paperwork for the impound.

The DMV has the capability of maintaining SVRA information on a person's driving record. Deputies shall check the driver’s driver’s history file via MDT for SVRA identification.  SVRA information can be found on the line below the license status entry. If there is a SVRA on file, it will be noted here. If there is no SVRA on file, then there will be no mention of a SVRA in the driver’s history.

POST IMPOUND PROCEDURE

FORFEITURE, STATION VERIFICATION AND REQUIRED NOTIFICATIONS

• On the first working day after a vehicle has been impounded and the driver/registered owner’s prior conviction(s) is for 12500(A) or 14601.1VC, stations shall request from the appropriate court, documentation which indicates the conviction was a misdemeanor.
• Where the driver is not the R/O of the vehicle, but a SVRA was indicated on the R/O’s driving record, stations shall, on the first working day after the impound, make a request to DMV for written verification of the SVRA.
• If a prior conviction(s) for a misdemeanor license violation cannot be verified (when the R/O is the driver), and no SVRA is on file (when the driver is NOT the R/O), the station shall notify the R/O and the tow company immediately that the vehicle is not subject to forfeiture and the vehicle impound will be conducted under authority of Section 14602.6 VC, (30 day impound), or Section 22651(p), whichever is appropriate. A supplemental report of the reason for non-forfeiture and R/O notification shall be completed.
• Within two (2) working days, stations shall complete a CHP 180G, Notice of Forfeiture, and mail a copy to all legal and registered owners of the vehicle that were not served a Personal Notice of Intended Vehicle Forfeiture (part of the CHP 180G) by the initial contact deputy. These notices shall be sent via certified mail, return receipt requested. If the notice is not sent to the legal owner within the two working day limit, the department cannot charge the legal owner for more than 15 days impoundment when the legal owner redeems the impounded vehicle.

NOTE:  There is the potential for the department to become liable for all storage fees over 15 days if the Notice of Forfeiture (CHP 180 G) is not sent out within two working days.

• Stations shall provide a Post Storage Hearing within two (2) working days if a request for such a hearing is received within the following time frames:
  • The R/O requests a hearing within three (3) working days from the date the Personal Notice of Intended Vehicle Forfeiture was issued.
  • The registered or legal owner (not personally served) requests a hearing within ten (10) working days from the date the CHP 180G is mailed.
• If there are no requests for a Post Storage Hearing within the specified time periods, stations will assemble a complete file documenting the impound/forfeiture proceedings. Stations shall make application to the appropriate District/City Attorney for a written Declaration of Forfeiture (see attachment 14607.6 VC, IMPOUND/FORFEITURE STATION CHECKLIST).

In addition to a Post Storage Hearing, the registered and/or legal owner has the right to file a claim with the District/City Attorney within the following time frames:

• Five (5) working days from the date the personal service was issued to the R/O.
• Fifteen (15) working days from the date the CHP 180G was mailed to a registered or legal owner(s) not personally served.

If no claims are filed within the specified times, the appropriate District/City Attorney is then required by law to prepare and sign a written Declaration of Forfeiture which will provide title of the vehicle to the state

If a vehicle impounded pursuant to Section 14607.6 VC becomes non-eligible for forfeiture, an impound for 14602.6 VC would still be lawful if, at the time of impoundment, the driver:

• Was driving on a suspended or revoked license and was properly served notice of such suspension or revocation; or
• The driver was cited for being an unlicensed driver, but had NOT been previously licensed in this state (prior conviction MUST be for 12500(a) VC).

Modification of impound authority to 14602.6 would NOT be appropriate if the driver was cited for 12500(a) at the time of impound, but had been previously licensed (i.e., expired license or a prior conviction, infraction or misdemeanor, for any license suspension or revocation).

When Section 14602.6 is not appropriate, impound authority 22651(p) shall be used.

VEHICLE RELEASE PROCEDURE

NON-FORFEITURE

• A VEHICLE SHALL BE RELEASED TO THE R/O WHEN ALL OF THE FOLLOWING APPLY:
  • The R/O was the driver of the vehicle at the time of impoundment.
  • Within three (3) working days of impoundment, the R/O provides his/her valid driver’s license, temporary license, or permit.
  • The R/O provides proof that the vehicle is properly registered.

When court records indicate that the R/O was convicted of an infraction for a violation of section 12500(a) or 14601.1 VC, rather than a misdemeanor, and the R/O was cited for one of the license suspension or revocation sections, the station shall notify the R/O that the vehicle will not be forfeited, but instead held until the 30 day impound period is fulfilled, IF 14607.6/14602.6/22651(p) VC is indicated on the CHP 180. If the R/O was cited for 12500(a), but has had a licensed issued to him/her in the past, section 22651(p) would be the most appropriate impound section. Additionally, a supplemental report shall be attached to the CHP 180 indicating the reason for non-forfeiture and the revised impound section used. Accordingly, should Section 14607.6 VC be used as the SOLE impound authority, and it is determined that the driver does not have a misdemeanor conviction, the vehicle shall be released IMMEDIATELY.

• A VEHICLE SHALL BE RELEASED WHEN A COMMUNITY PROPERTY INTEREST OWNER REQUESTS THE VEHICLE’S RELEASE AND THE FOLLOWING CONDITIONS ARE MET:
  • Page 2 of the CHP 180F has been completed.
  • No SVRA is indicated on the R/O's driver’s record.
  • Proof of community interest ownership (husband/wife relationship) is supplied.
  • Proof that the vehicle is actually community property; i.e. not purchased with only one party's funds, is necessary.
    • Acceptable forms of proof would include:
    • A canceled check from a joint bank account used to purchase the vehicle, a loan statement from a bank or credit union in both names, or a marriage certificate when the vehicle is registered to both the husband and wife.
  • Non-acceptable forms of proof would include:
    • Insurance documents in both names, marriage certificate when the vehicle is only registered in the driver’s name.
  • The driver or community property interest owner (spouse) signs a certification, Page 2 of the CHP 180, that the vehicle is the only class “C” vehicle available to the driver’s immediate family and the DMV records substantiate the claim.
  • The R/O, community property interest owner, or authorized driver presents a valid license and submits proof that the vehicle is properly registered.
  • The driver/registered owner or community property interest owner must sign a SVRA form (see attachment STIPULATED VEHICLE RELEASE AGREEMENT FORM). A copy of the SVRA shall be sent to the DMV within 10 days.

*This requirement only applies when the DRIVER requests the release of the vehicle (14607.6(d)(2)(D) - last sentence). If the DRIVER does not request the vehicle’s release, the driver or community property interest owner shall not be required to sign the SVRA and the vehicle shall be released.

When all community property interest ownership requirements are met, the vehicle shall be released immediately. The R/O, community property interest owner, or their agent is responsible for all towing and storage fees.

• OTHER MANDATORY REASONS TO RELEASE VEHICLES IMPOUNDED FOR SECTION 14607.6 ARE:
  • An employee was driving an employer's vehicle or an employee was driving a customer's vehicle for the purposes of parking, service or similar reason shall be released to the employer or R/O.
  • The driver was not the R/O of the vehicle at the time of impoundment and the R/O does not have a SVRA on file. The vehicle shall be released as required by the impound authority cited (either 14602.6 or 22651(p)).
  • If the driver at the time of impoundment was the R/O of the vehicle and does not have a previous misdemeanor conviction(s) for a violation of Section 12500(a), 14601, 14601.1, 14601.2, 14601.3, 14601.4 or 14601.5 VC, the vehicle shall be released to the R/O after 30 days and not subject to forfeiture.

Note: If the driver’s previous conviction was for anything other than 12500(a), AND they were cited at the time of impound for 12500(a), the 30 day impound would not apply. Use section 22651(p) as the impound authority and release the vehicle as required.

• • The vehicle involved was a rental vehicle and the provisions of sections 14608 and 14609 were complied with (these sections basically refer to the verification of license status of renter).
  • The driver was not unlicensed at the time of the impound, only driving out of classification for the vehicle driven (the appropriate section for this violation is 12500(d), however, some field personnel may mistakenly cite the driver for 12500(a) for this violation).
  • The driver’s license had expired within the preceding 30 days and the driver would have otherwise been properly licensed at the time of impound.

Note: See attachment 14607.6 VC / RELEASE DIAGRAM for further information.

The R/O or agent is responsible for all towing and storage costs for vehicles released pursuant to the above conditions. Section 14607.6 VC provides that all actions which invoke this authority be based upon the R/O of record at the time of impoundment.

FORFEITED VEHICLE

A vehicle impounded pursuant to Section 14607.6 VC shall be released to a legal owner, who in the regular course of business conducts sales of repossessed or surrendered vehicles, if it notifies the station within fifteen (15) days of the mailing of the CHP 180G of its intent to conduct the sale of the impounded vehicle.

• Any legal owner who conducts the sale of a vehicle forfeited under this section must disburse the funds from the sale of the vehicle in accordance with Section 14607.6 VC.
• The legal owner is required to provide a written account regarding the disposition of the funds to the station. This shall be accomplished through the use of the Vehicle Forfeiture Fund Disbursement Form (see attachment under same name).

DISTRICT ATTORNEY’S OFFICE

JURISDICTION

• It is the policy of the District Attorney’s Office that the appropriate agency to effectuate a forfeiture is the prosecutorial office which has jurisdiction over the offense for which the driver was detained. If the offense for which the driver was stopped results in a felony filing, the District Attorney’s Office will be responsible for any forfeiture procedures regardless of the jurisdiction in which the stop occurred.
• Any impounding agency requesting a forfeiture as the result of an impoundment arising from a traffic offense which would be prosecuted by another prosecutorial office should be referred to that office. (i.e., Los Angeles City, Long Beach City Prosecutor, etc.)

DRIVER ELIGIBILITY FOR FORFEITURE

• It is the policy of the District Attorney’s Office that the age of the prior conviction has no bearing on the forfeitability of a vehicle.
• A license which remains suspended or revoked for failure to pay a reinstatement fee and to give proof of financial responsibility under the provisions of Section 13353.4(b) of the Vehicle Code satisfies the requirements of the statute.
• There must be proof that the driver had legal knowledge, actual or constructive, of the suspension or revocation (i.e., admission by the driver or a good service indication, see attachment “DMV CODES - PROOF OF SERVICE” for good service codes)

ADMINISTRATIVE FORFEITURE PROCEDURES

• If no claim is “filed and served” on the District Attorney within five days of personal service or fifteen days of the date of mailing notice, the District