5.430 Additional Lien for Parking Violations (VC §22851.1[b])
An additional lien for unpaid parking violation bail may be added for vehicles impounded by local authorities for parking violations they issued.
Parking violation bail collected as part of the lien sale process is not submitted to the department. The lienholder must submit those fees directly to the local authorities that ordered the vehicle impounded.
5.420 Lien Sale Valuation (VC §22670)
For lien sale purposes, the public agency shall determine the estimated value of the vehicle. If the public agency fails or refuses to estimate the value within three days after the date of removal of the vehicle, the garage keeper or the garage keeper’s agent must determine the estimated value of the vehicle.
5.410 Lien Sales Categories
The two types of lien sales are:
- Vehicles valued at $4,001 or more or from a self-storage facility (CC §3071)
- Vehicles valued at $4,000 or less (CC §3072).
5.400 Lien Sales (Civil Code (CC) §§3068 through 3074)
A person who has repaired, furnished supplies/materials for, or towed or stored a vehicle and is not paid for the services rendered has a lien against the vehicle. The lien may be satisfied by obtaining a court judgment or selling the vehicle through a lien sale process outlined in the CC. To conduct a lien sale, the person/lienholder must have possession of the vehicle.
The lien arises (becomes effective) at the time the registered owner is presented with a written statement of charges for completed work or services. If, however, possession is the result of a public agency or private property impound, the lien arises when the vehicle is transported (towed).
The legal owner must be notified before the service may be performed if the amount of any repairs or service exceeds $750 or the storage charges exceed $400 ($500 for vehicles valued over $4,000).
5.350 Dismantler Acquisition of Low Value Vehicles Removed for Reasons Other than Abandonment (VC §11520)
Dismantlers who acquire low value vehicles removed for reasons other than abandonment from a public agency are exempt from paying any fees or penalties that may have accrued. Dismantlers are also exempt from filing a Notice of Acquisition (REG 42), but must submit the Report of Vehicle to be Dismantled (REG 42).
5.340 Reregistration of Low Value Vehicles Removed for Reasons Other than Abandonment (VC §22851.10 [c])
A vehicle disposed of to a licensed dismantler or scrap iron processor pursuant to VC §22851.2 cannot be reconstructed or made operable unless it is a vehicle that qualifies for either Horseless Carriage license plates or Historical Vehicle license plates pursuant to VC §5004.
5.330 Declaration of Opposition on Low Value Vehicles Removed for Reasons Other than Abandonment (VC §22851.8 [d])
If the lienholder receives a completed Declaration of Opposition that is postmarked within 10 days of the date the REG 684A was mailed, the vehicle cannot be disposed of unless:
- The lienholder files an action in court within 20 days of the date the REG 684 (PDF) was mailed, a judgment is awarded to the lienholder, and it is not paid within five days of becoming final. Note A copy of the judgment must be attached, and a notation must be made on the REG 686A that five days have passed since the judgement was awarded and no payment has been received.
- The declarant releases his or her interest in the vehicle. The original release must be attached to the REG 686A.
5.320 Vehicle Identification Number Missing at the Time of Removal on Low Value Vehicles Removed for Reasons Other than Abandonment (VC 22851.2 [b])
If the condition of the vehicle is such that there is no means of determining ownership, the public agency that removed the vehicle may give authorization to dispose of the vehicle on the Public Agency Authorization of Disposal of Vehicle to a Scrap Iron Processor or Dismantler Valued at $500 or Less (REG 462). If authorization for disposal is not issued, a vehicle identification number must be assigned prior to continuing the procedures in §5.310 of this manual.
5.310 Disposition of Low Value Vehicles Removed for Reasons Other than Abandonment (VC §22851.6, 22851.8, 22851.10)
Step 1
Within 48 hours after removal of the vehicle, the public agency must notify the Department of Justice at:
Department of Justice
Bureau of Information Services
Stolen Vehicle Unit
PO Box 9034l7
Sacramento, CA 94203-4l70
Step 2
Within 15 working days following the date of possession of the vehicle, the lienholder must apply to the department for the names and addresses of all persons having an interest in the vehicle.
Step 3
Immediately upon receipt of DMV record information, the lienholder must complete and send by certified mail, with return receipt requested or U.S. Postal Service Certificate of Mailing, a Notice of Intent To Dispose of a Vehicle Valued at $500 or Less Removed by a Public Agency for Reasons Other than Abandonment (REG 684A) and a return envelope pre-addressed to the lienholder to:
- The registered owner
- The legal owner
- Any other persons having interest in the vehicle.
Step 4
The public agency must complete Section A of the Public Agencyn Authorization To Dispose of a Vehicle to a Scrap Iron Processor or Dismantler Valued at $500 or Less (REG 462 (PDF)). After the expiration of the opposition period, distribute the REG 462 (PDF) as follows:
- Give the white and pink copies to the towing agent
- Retain the yellow copy for your records.
Step 5
If a Declaration of Opposition is not received by the intended disposal date, the lienholder must dispose of the vehicle to a dismantler or a scrap iron processor and provide the following to the buyer:
- REG 462 (PDF)-white copy (lienholder completes Section A)
- REG 684A
- Statement of Facts for Vehicles Valued at $500 or Less Removed by a Public Agency for Reasons Other Than Abandonment CVC 22851.8 (REG 686A) completed by the lienholder.
- Certified mailing receipts or U.S. Postal Service Certificate of Mailing receipt.
Note A vehicle without a California DMV record can be disposed of immediately.
Step 6
Within five days of selling the vehicle to a dismantler or scrap iron processor, the lienholder must provide to the dismantler:
- REG 462 (PDF)-white copy
- REG 684A
- REG 686A
- Certified mailing receipt or U.S. Postal Service Certificate of Mailing receipt.
Step 7
Within 90 days of acquisition, the dismantler must submit to the department:
- REG 42
- REG 462 (PDF)-white copy
- REG 684A
- REG 686A
- Certified mailing receipt or U.S. Postal Service Certificate of Mailing receipt.
5.300 Low Value Vehicles Removed for Reasons Other than Abandonment (VC §22851.2)
Whenever a peace officer, or authorized employee of a public agency, removes or causes the removal of a vehicle for reasons other than abandonment that has a value of $500 or less, the public agency must dispose of the vehicle.