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30 Berkeley La Raza L.J. 125 (2020)
Towing Can Devastate a Poor Family: The Solution Is to Reduce the Fees

handle is hein.journals/berklarlj30 and id is 126 raw text is: TOWING CAN DEVASTATE A POOR FAMILY: THE SOLUTION IS TO REDUCE THE FEES. Franklin B. Munoz ABSTRACT California's exceedingly steep fees for government-ordered vehicle tows drain local budgets and punish low-income vehicle owners and their families. The average total cost of a vehicle tow and impound in California is $500.00 more than an entire week pay on the state's full-time minimum wage. Overnight tow-yard storage fees alone are astronomical, exceeding the cost of nearby market rate parking by as much as $78.00 in some cities. In response to these excesses, State Assembly Member Davd Chiu introduced a bill in 2019, AB-516, aimed at overhauling California's statutory towing scheme. AB-516 called for cuts to the state's permissible grounds for towing, garnered extensive attention, and failed, precisely because of fear of State encroachment on localities ability to enforce towing rules. This note adds to the public debate over government-ordered tows that began in 2019. It argues that a statewide fee reduction for low-income and first-time tows, modeled after San Francisco's, could alleviate the worst effects of California's towing system. More broadly, it attempts to pick up where Assembly Member Chiu 's AB-516 left off As the bill was debated, print publications and public comments theorized that a reduction in tow fees would go far in fixing California's towing system. This note shows that this is indeed a viable path. First, the note provides a bird's eye view of California's statutory towing system, focusing on the financial toll the tow system has on low-income vehicle owners. Second, this note focuses on the San Francisco Metropolitan Transit Authority's 'first-time low-income fee reduction program for tows. The note discusses the Program's most recent iteration and the circumstances surrounding its passage, arguing that a similar statewide fee reduction for tows is sound and effective policy that should be taken up in the State legislature. As part of its analysis, the Note provides model amendments as well as recommendations for further research. Abstract.....................................................................................................................124 IThe Recent Debate Over Government-Ordered Car Tows ....................................125 IICalifornia's Towing Regime: A Bird's Eye View................................................127 A. Permissible Grounds for Government-Ordered Vehicle Tows ............127 B. Tow Fees ..............................................................................................128 C . C ontesting T ow s...................................................................................128 D. Lien Sales .............................................................................................129 III.San Francisco's Model for a Statewide Fee Reduction Program........................129 A. What is the SFMTA Tow Fee Reduction? ...........................................130 B. The SFMTA Tow Fee Reduction Program Works...............................130

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