In the article “Can You be Towed While Sleeping in Your Car?”, I will explore the legality and consequences of towing a car with someone inside.

Towing a car is a common occurrence, but what happens when someone is sleeping inside? Is it legal? Can the towing company be charged?

These are important questions that will be addressed in this article.

Additionally, I will discuss the towing laws in California and what to do if you find yourself in a situation where your car is being towed while you are sleeping inside. Stay tuned to find out more about this intriguing topic.

Can You be Towed While Sleeping in your Car?

No, you cannot be towed while sleeping in your car.

In fact, towing a car with someone sleeping inside is illegal in most states. If any tow company is found to have towed a car with someone sleeping inside, they can be charged with kidnapping because the person inside is unaware of the move and will find themselves in a location different from where they were parked.

Therefore, rather than towing a car with someone sleeping inside, find another option.

What are the Towing Laws in California?

Like other states, California also has its towing laws.

These laws are dictated by the Vehicle Code Section 22651 and cover various situations in which a car can be towed. Some of these situations include:

• If someone has reported the car stolen
• If the car is left in a tunnel, on a bridge, or causeway without anybody close to it
• If the car poses an obstruction to traffic and is left unattended
• If the car is on the right-of-way freeway for more than 4 hours
• If the car driver is unable to drive the car due to illness or injury
• If the car driver is arrested while operating the car
• If the car is parked in violation of the street cleaning notice
• If there is no valid registration or driver’s license
• If the car is parked illegally and is blocking a fire hydrant or private driveway
• If the car is parked either on the highway or public land with five or more notices and tickets unpaid.

When the police tow your car, it is impounded, and you are expected to retrieve it within 30 days.

After that period, the car will be auctioned, and you will no longer have the opportunity to recover it. To reclaim your car, you will need to provide proof that the car legally belongs to you.

In addition to the circumstances in which the police can tow a car, private property owners also have the right to tow vehicles under certain conditions.

According to Section 22658 of the Vehicle Code, private owners can tow a car if any of the following have occurred:

• The vehicle owner has been given notice of a parking violation, and four days have passed since the notice was issued.
• There is a “No Parking” sign in plain view at all entrances to the property, with dimensions of at least 17 inches by 22 inches. The sign must also include the contact details of the towing company used by the property owner.
• The vehicle cannot be operated due to missing parts such as the engine, tires, wheels, and transmission. In this case, the property owner must notify local law enforcement and wait at least one day before towing the vehicle.

Furthermore, Section 22953 of the Vehicle Code specifies situations in which a car can be towed from a private parking lot.

These include parking close to a fire hydrant, parking on residential property, obstructing an entrance or exit, or parking in a space reserved for designated rooms in a hotel or motel.

What to Do if You are Towed While Sleeping in Your Car?

If you find yourself in the unfortunate situation of being towed while sleeping in your car, there are a few things you can do to address the issue:

1. Charge the Tow Company for Kidnapping: It is illegal for tow companies to tow a car with someone sleeping inside, whether the person is aware of it or not. If this happens to you, you have the right to charge the company with kidnapping since they have essentially taken you to a different location without your consent or knowledge.
2. Settle for Not Paying the Tow Fee: Alternatively, you can choose to settle with the tow company by negotiating not to pay the tow fee. This can be seen as compensation for the company’s actions of essentially kidnapping you.
3. Get Down from the Car: If you wake up and become aware of the situation, you can choose to get down from the car rather than follow the tow truck to the towing premises. However, getting down while the tow truck is in motion may be challenging, as you will have to find a way to communicate your intention to the tow driver safely.

It is important to remember that these options may vary depending on the specific circumstances and local laws.

It is advisable to consult with a legal professional to understand your rights and the best course of action in such a situation.

Do You Have to be with your Car to Get it Towed?

Yes, in most cases, you have to be with your car to get it towed.

However, this requirement depends on whether you requested the service of the tow company or not.

If your car is illegally parked and the tow company decides to tow it, you do not have to be present for the towing to occur. The tow company has the authority to remove illegally parked cars without warning or permission from the owner.

On the other hand, if you specifically request the services of a tow company to remove your car from a location, you will need to be present to provide proof that the car belongs to you.

This can be in the form of a valid registration document or any other documentation that establishes your ownership of the vehicle.

In summary, if your car is illegally parked, the tow company can tow it without your presence.

However, if you voluntarily request a tow, you will need to be present to verify ownership.

Can You Ride in a Car Being Towed on a Flatbed?

No, it is generally illegal to ride in a car being towed on a flatbed.

Most states have laws that prohibit passengers from riding in a vehicle while it is being towed unless certain exceptions apply.

The specific laws regarding riding in a towed car can vary from state to state, so it is essential to consult the local regulations for accurate information.

However, as a general rule, if you are being towed on a flatbed, you are not permitted to ride in the towed vehicle.

There may be some exceptions to this rule, such as circumstances where the tow truck is specifically designed and equipped for passenger transport, or if there is an emergency situation that necessitates immediate transport.

It is crucial to understand and follow the applicable laws to ensure your safety and compliance with the regulations in your jurisdiction.

When Can you Carry Passengers in a Vehicle that is Being Towed?

While it is generally illegal to carry passengers in a vehicle that is being towed, there are specific circumstances in which it may be permitted.

These circumstances include the following:

1. Legal conditions for carrying passengers: If passengers are to be carried in a towed vehicle, they must adhere to certain legal conditions. These conditions may include wearing seat belts or using suitable safety restraints, depending on the jurisdiction’s laws and regulations.
2. Seat belt usage: Passengers must always wear seat belts or use the appropriate safety restraints while riding in a towed vehicle. This is to ensure their safety in the event of sudden stops or accidents.
3. Emergency situations: In emergency situations where immediate transport is necessary, passengers may be allowed to ride in a towed vehicle. However, it is crucial to prioritize safety and follow any additional guidelines provided by law enforcement or emergency responders.
4. Enclosed flatbeds: In some cases, towing companies may have specially designed flatbeds with enclosed sides that allow for the safe transportation of passengers. These trucks provide a secure environment and protect passengers from external hazards.

It is important to note that the laws and regulations regarding carrying passengers in a towed vehicle can vary between jurisdictions.

Therefore, it is advisable to familiarize yourself with the specific rules in your area to ensure compliance and safety.

Conclusion

Being towed while sleeping in your car is not only a distressing experience but also illegal in most states. If this unfortunate situation occurs, it is important to know your rights and options.

You may choose to take legal action against the tow company by charging them with kidnapping.

Alternatively, you can negotiate with the tow company for a waiver of the tow fee as compensation for the inconvenience caused. It is crucial to consult with a legal professional to understand the best course of action based on the specific circumstances and applicable laws.

In California, towing laws are outlined in the Vehicle Code Section 22651.

These laws outline when the police can tow a vehicle and the circumstances under which private property owners can tow a vehicle. It is essential to be aware of these laws to understand your rights and responsibilities as a vehicle owner.

Remember, always prioritize safety and compliance with local laws and regulations to ensure a smooth and lawful towing experience.

About Driving Yard

Driving Yard is a team of highly skilled auto technicians/mechanics with years of expertise in various aspects of automotive maintenance and repair.

With specialization in engine maintenance and rebuild, transmission maintenance and rebuild, and electrical wiring and rewiring, we strive to provide comprehensive maintenance services and driving ideas to help individuals maintain their vehicles and become better drivers.

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