question regarding legal definition for coupling to tow truck. Almost towed. Came out. Car not raised nor bound to the tow truck draw bars down not hooked up. Charged a drop fee to get my car. Is my car considered legally coupled to the tow in order to be liable to the tow charge. (california vehicle code).
Answer
California Vehicle Section 22658(h) states as follows: "A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner, the owner's agent, or the person in lawful possession of the private property pursuant to this section if the owner of the vehicle or the vehicle owner's agent returns to the vehicle after the vehicle is coupled to the tow truck by means of a regular hitch, coupling device, drawbar, portable dolly, or is lifted off the ground by means of a conventional trailer, and before it is removed from the private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit."
Statute is not a model of clarity, but I would say that you should look at the term "coupling" as meaning connected. Once the driver has started connecting the vehicle to the truck in any manner, you are pretty close to being out of lucked. It doesn't have to be lifted, just connected. i can really tell from your question how far along the connection process was.
You also need to determine their regular towing fee, because the drop fee cannot be more than 1/2 of the regular towing fee.
No comments:
Post a Comment