California Towing Laws: Your Complete Driver Rights Guide [2026]

If a tow truck has your car — or you want to know what the rules are before that ever happens — this guide is for you. California has some of the most driver-protective towing statutes in the country, and most drivers have no idea what those statutes actually say. The result is that tow companies and property owners get away with charges and practices that would never survive a small claims judge.

This page is the master reference. We walk through every major California Vehicle Code section that controls towing, exactly what your rights are at each step, what tow companies can and cannot do, and how to file a real complaint when one of them crosses the line.

The two kinds of tows California recognizes

Every tow in California is either consensual or non-consensual, and the rules are completely different.

A consensual tow is one you ask for. Your car broke down on I-805, you called a tow company, you agreed on a price, they hauled it to your mechanic. The contract is between you and the operator, and almost all the tight CVC restrictions on rates and procedures do not apply — you negotiated.

A non-consensual tow is initiated by someone else without your permission. It comes in three flavors:

1. Police-initiated under CVC 22651 — an officer (CHP, San Diego PD, sheriff, parking enforcement) authorizes the tow.
2. Private property under CVC 22658 — a property owner, manager, HOA, or their agent calls a tow company.
3. Public agency / abandoned under CVC 22669, 22524.5, and related sections — a vehicle has been left somewhere too long.

The rest of California towing law is essentially the rulebook for those three categories of non-consensual tows.

CVC 22651: When a peace officer can tow your car

CVC 22651 lists the specific situations where a police officer or authorized parking enforcement employee can order your car removed from a public street or highway. There are roughly two dozen authorized grounds. The most common ones in San Diego are:

• The driver was arrested (DUI, warrant, suspended license).
• The vehicle is blocking traffic, a driveway, a fire hydrant, or a crosswalk.
• The vehicle has five or more unpaid parking tickets.
• The registration has been expired more than six months.
• The vehicle is parked in a posted no-parking zone (street sweeping, construction, special event).
• The vehicle has been abandoned (see CVC 22524.5 below).
• The driver was operating with a license that was never issued or has been suspended/revoked under CVC 14602.6 (the "30-day impound" statute).

The agency that ordered the tow has to provide written notice to the registered owner within 48 hours under CVC 22852. That notice must include the grounds, the location of the vehicle, and your right to a hearing.

CVC 22658: The private-property towing rulebook

This is the section every driver needs to understand because it controls the most common predatory situations — apartment complexes, strip malls, HOA lots, restaurant parking. CVC 22658 is long, but the headlines are these:

Signage requirements

To tow without owner consent, the property must have signs posted that meet specific requirements under CVC 22658(a):

• Sign must be at least 17 inches by 22 inches.
• Lettering must be at least one inch high.
• Sign must state that public parking is prohibited and that vehicles will be removed at the owner's expense.
• Sign must include the telephone number of the local traffic law enforcement agency and the name and telephone number of the towing company.
• Sign must be posted at each entrance to the property, or in a single location at the entrance if the lot has only one entrance.
• For lots with controlled access (a gate, a barrier), a single sign at the entrance is acceptable.

If any of those elements are missing, the tow is unlawful under CVC 22658(a).

The "no waiting period for general lots" rule and exceptions

For most private lots, a vehicle can be towed immediately if it's parked without authorization and the signage is correct. There are exceptions:

• For a vehicle parked in a stall designated for a specific tenant, the owner must observe a one-hour waiting period before towing.
• A vehicle that "appears to be inoperable or abandoned" needs additional documentation.

The owner-return rule

This is one of the most-violated provisions in the entire code. Under CVC 22658(g), if the vehicle owner returns to the vehicle before the tow truck leaves the property, the tow company must release the vehicle. They can charge a "drop fee" — but no more than half of the regular tow charge, and they have to release it on the spot. Refusing to release a car when the owner has returned is grounds for the 2x damages remedy under CVC 22658(l).

Notice after the tow

Within one hour after a private-property tow, the operator must notify the local police agency of the tow, the location, the vehicle, and the storage facility. If the operator can't reach the agency, that's not your problem — the burden is on the operator.

CVC 22651.07 and 22650.5: Fee caps and required disclosures

CVC 22651.07 requires every tow operator who responds to a non-consensual tow to provide a written, itemized statement of charges before payment is collected. The statement has to break out:

• Hookup / basic tow fee
• Mileage
• Storage per day
• After-hours release fee (if any)
• Administrative fee (if authorized)
• Any other charge

The tow operator also has to post a fee schedule in plain view at the storage lot. If you're standing at the cashier window and there's no fee schedule posted, that is itself a CVC violation worth noting on a complaint.

Local cities and counties set the maximum allowable rates for non-consensual tows. In San Diego County, those rates are tied to the CHP rate survey for the area, which establishes a "reasonable" maximum that lots are not supposed to exceed.

CVC 22852 and 22852.5: Your right to a post-storage hearing

This is the single most underused right in California consumer law. Almost no one requests it, and the people who do win surprisingly often.

Under CVC 22852, when your car is towed under a police-initiated authority, the agency that ordered the tow must give you written notice of your right to a hearing. Under CVC 22852.5, you have 10 days from the date of the notice to request the hearing.

The hearing is informal. It is conducted by an officer of the agency that ordered the tow — at SDPD, that's a watch commander or assigned hearing officer; for the sheriff or CHP, similar. You bring whatever evidence you have: photos of where the car was parked, registration, proof of insurance, proof you were not the driver, anything relevant.

If the hearing officer finds that the tow was not authorized, the agency must reimburse you for towing and storage fees. Even if they uphold the tow, the hearing record is useful if you later sue.

CVC 22853: Lien sales and the 30-day clock

If you don't redeem your car, the storage lot eventually sells it at a lien sale to recover their charges. Under CVC 22853 and the related Civil Code provisions:

• A vehicle valued at $4,000 or less can be sold without a court order, 30 days after the vehicle was first stored, after notice to the registered and legal owners by certified mail.
• A vehicle valued at more than $4,000 requires a court-issued authorization to conduct a lien sale.
• The DMV must be notified of the lien sale.
• After the sale, any surplus over the lien amount is supposed to be returned to the owner. In practice this rarely happens unless the owner specifically requests it.

The 30-day clock is short. If you've been towed and you're trying to figure out money, day 25 is much too late to start. Get to the lot, get a written total, and at minimum file a hearing request to preserve your rights while you sort out payment.

CVC 22524.5 and 22669: Abandoned vehicles

Under CVC 22524.5, a vehicle parked on a public street for more than 72 consecutive hours can be tagged and then towed as abandoned. Under CVC 22669, a public agency can remove a vehicle that has been abandoned on a highway or in a publicly maintained area.

"Abandoned" is a term of art. A car that has clearly been sitting unused for weeks meets it easily. A car that simply happens to have been parked on the same block for a long weekend does not — but parking enforcement officers in dense areas like North Park, Hillcrest, and Pacific Beach absolutely tag cars at the 72-hour mark, and if the owner doesn't move the car within the warning window, it gets towed.

See our abandoned vehicle laws guide for the full breakdown and how to fight an abandoned-tow classification.

How to file a complaint when a tow company breaks the law

If you've been overcharged, refused release, or towed under invalid signage, you have multiple parallel paths. Pursue several at once — they reinforce each other.

1. Document everything immediately

   Photos of the signage (or lack of it), photos of where you parked, photos of every page of the tow paperwork, the receipt, the fee schedule posted at the lot. If you can find the original sign and measure it, do that — CVC 22658(a) signs have specific minimum dimensions.

2. Request a post-storage hearing

   If the tow was police-initiated, request the CVC 22852 hearing within 10 days. Even if you don't think you'll win, the hearing creates a paper record.

3. File a complaint with the CPUC

   The California Public Utilities Commission licenses tow carriers ("Motor Carrier of Property" permits). File a written complaint with the CPUC's Transportation Enforcement Branch describing the violation. Repeat complaints can result in the carrier losing its permit.

4. File with the city attorney's consumer protection unit

   The San Diego City Attorney has a consumer and environmental protection unit that takes complaints about predatory towing within city limits. For unincorporated areas, the County District Attorney's consumer protection division handles it. Other cities (Chula Vista, El Cajon, Oceanside) have their own equivalents — start with the city attorney's main number.

5. File a complaint with the Department of Consumer Affairs

   The Bureau of Automotive Repair, under DCA, doesn't directly regulate tow operators but does take complaints about related practices and can refer matters to other agencies.

6. Sue in small claims court

   For amounts up to $12,500 (individuals), you don't need a lawyer. File at the San Diego County Superior Court small claims division. For private-property tow violations, your demand is for two times the towing and storage charges plus actual damages, citing CVC 22658(l). Bring your photos and your documentation.

Common situations and the rules that govern them

Your car was towed from an apartment lot at 2 a.m. and the only sign is a small one on the back wall of the building. That sign almost certainly does not meet CVC 22658(a). Document it, request your car, pay under protest, and file in small claims for 2x damages. See apartment parking towing rights.

The lot wants to charge you a $150 "gate fee" to release your car at 8 p.m. After-hours release fees are tightly limited by CVC 22651.07. Many lots charge fees that exceed the statutory cap. Pay if you must to recover your car, then pursue the overcharge separately. See how much can a tow company charge.

You returned to your car as the tow truck was finishing the hookup, and the operator refused to drop it. That is a direct violation of CVC 22658(g). You should have been allowed to recover the car for no more than half the standard tow charge. Document time-stamped photos and pursue 2x damages.

You were arrested for DUI and your car was towed and held for 30 days. The 30-day hold under CVC 14602.6 is real, but the agency must give you a hearing under CVC 22852.5. Many 30-day holds are released early when the registered owner is not the arrested driver — see our impound recovery guides.

An HOA in your community towed a guest's car from a visitor space. The HOA is bound by the same CVC 22658 signage and notice rules as any other property owner. Davis-Stirling additionally requires the HOA to follow its own CC&Rs and to offer dispute resolution before being sued. See HOA towing rules in California.

Useful related guides

• How much can a tow company charge in California
• Illegal towing in California
• Predatory towing in San Diego
• Private property towing laws
• How to get your car out of impound in San Diego
• What to do after a car accident in San Diego

Bottom line

The California Vehicle Code is on your side more than you think. Document everything, request the hearing, file the complaints, and don't be afraid to walk into small claims court — judges hear these cases every week and they know exactly which CVC sections to check. None of this is legal advice for your specific situation; for that, talk to a licensed California attorney or a consumer rights legal aid clinic. But if you walk into the impound office knowing the section numbers, you are no longer the easy mark the bad operators count on.