(a) (1) It is a misdemeanor for a towing company or the owner or operator of a tow truck to stop or cause a person to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, or to accrue charges for services furnished under those circumstances, unless requested to perform that service by a law enforcement officer or public agency pursuant to that agencyâs procedures, or unless summoned to the scene or requested to stop by the owner or operator of a disabled vehicle. (2) (A) A towing company or the owner or operator of a tow truck summoned, or alleging it was summoned, to the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing prior to arriving at the scene: (i) The first and last name and working telephone number of the person who summoned it to the scene. (ii) The make, model, year, and license plate number of the disabled vehicle. (iii) The date and time it was summoned to the scene. (iv) The name of the person who obtained the information in clauses (i), (ii), and (iii). (B) A towing company or the owner or operator of a tow truck summoned, or alleging it was summoned, to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle is exempt from the requirements of subparagraph (A), provided it possesses all of the following information in writing prior to arriving at the scene: (i) The business name of the motor club. (ii) The identification number the motor club assigns to the referral. (iii) The date and time it was summoned to the scene by the motor club. (3) A towing company or the owner or operator of a tow truck requested, or alleging it was requested, to stop at the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing upon arriving at the scene: (A) The first and last name and working telephone number of the person who requested the stop. (B) The make, model, and license plate number, if one is displayed, of the disabled vehicle. (C) The date and time it was requested to stop. (D) The name of the person who obtained the information in subparagraphs (A), (B), and (C). (4) A towing company or the owner or operator of a tow truck summoned or requested, or alleging it was summoned or requested, by a law enforcement officer or public agency pursuant to that agencyâs procedures to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, or that is expressly authorized to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, shall possess all of the following in writing before leaving the scene: (A) The identity of the law enforcement agency or public agency. (B) The log number, call number, incident number, or dispatch number assigned to the incident by law enforcement or the public agency, or the surname and badge number of the law enforcement officer, or the surname and employee identification number of the public agency employee. (C) The date and time of the summons, request, or express authorization. (5) For purposes of this section, âwritingâ includes electronic records. (b) The towing company or the owner or operator of a tow truck shall make the written information described in subdivision (a) available to law enforcement, upon request, from the time it appears at the scene until the time the vehicle is towed and released to a third party, and shall maintain that information for three years. The t
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