Abandoned Vehicle Law in California: Removal, Penalties, and Claims

California’s abandoned vehicle law, set out in Vehicle Code 22523, makes it illegal to leave a vehicle on any highway or on public or private property without the consent of whoever controls that property. Violating it carries a minimum $100 fine that cannot be suspended or waived, plus liability for every dollar it costs to remove and dispose of the vehicle.1California Legislative Information. California Vehicle Code 22523 The last registered owner on file with the DMV is presumed responsible, so a car you sold but never transferred can still come back to you as a bill, a hold on your registration, or in the worst case, a lien sale that wipes out your ownership entirely.

What Counts as an Abandoned Vehicle

The statute itself draws two simple lines: no abandonment on any highway, and no abandonment on public or private property without the controlling party’s consent.1California Legislative Information. California Vehicle Code 22523 It does not list physical criteria, so enforcement agencies and local abatement ordinances rely on practical indicators:

  • A vehicle left in the same spot on a public road for more than 72 continuous hours is eligible for removal under California’s towing statutes.
  • A car stripped of its engine, wheels, or transmission reads as inoperable and is a strong candidate for removal, especially on property without consent.
  • Expired tags, missing plates, or a defaced VIN all signal abandonment.
  • Flat tires, heavy dust, or accumulated parking citations can trigger an investigation even when the car still runs.

Local governments write their own abatement ordinances under Vehicle Code 22661, which requires them to notify the DMV within five days of removing a vehicle and exempts vehicles stored inside a building where they are not visible from the street.2California Legislative Information. California Vehicle Code 22661 Cities can go stricter than the statewide 72-hour standard. Los Angeles, for instance, enforces street-storage limits even for properly registered vehicles.

Penalties and Who Pays

The $100 minimum fine under Vehicle Code 22523 is a floor, and no part of it can be suspended or waived. The convicted person must also prove they paid all costs of removing and disposing of the vehicle.1California Legislative Information. California Vehicle Code 22523 Courts can permit installment payments, but the obligation itself does not disappear.

Vehicle Code 22524 makes enforcement easier with a presumption: the last registered owner on file with the DMV is presumed to have abandoned the vehicle and is liable for the removal and disposition costs. If you sold the car informally and never transferred title, you are on the hook until you prove otherwise. A bill of sale or a release of liability filed with the DMV is your evidence for rebutting that presumption.

Abandonment can also produce civil exposure. A car that leaks fluids, blocks traffic, or causes a collision can invite cleanup or property-damage claims. The DMV can hold your registration too, blocking renewal on any vehicle you own until the fines and fees clear.

Removal From Public Roads

On public streets, the California Highway Patrol and local police handle tagging, and city or county agencies coordinate the tow. When an officer determines a vehicle qualifies for removal, a brightly colored notice tag goes on it, warning that the car will be towed if it is not moved within the required window, generally 72 hours.

If the vehicle is still there after the deadline, a contracted towing company hauls it to an impound lot. Some jurisdictions require photographic documentation or a second inspection before authorizing the tow, which adds a short buffer but does not change what the owner owes. Storage charges start accruing the moment the car arrives at the lot.

Removal From Private Property

A landlord, apartment manager, or business owner cannot simply call a random tow truck. Vehicle Code 22658 sets specific requirements. A sign must be posted in plain view at every entrance to the property, at least 17 by 22 inches with lettering at least one inch tall, warning that unauthorized vehicles will be towed at the owner’s expense. It must list the phone number of the local traffic law enforcement agency along with the name and number of each towing company authorized to tow from the property.3California Legislative Information. California Vehicle Code 22658 Without proper signage, the removal is vulnerable to challenge.

Once a car is identified for removal, the person authorizing the tow must call local law enforcement within one hour. The tow operator, in turn, must immediately notify the registered and legal owners in writing once it can determine who they are through DMV records, stating the grounds for removal and the vehicle’s location.3California Legislative Information. California Vehicle Code 22658 Skipping any step gives the vehicle owner grounds to contest the tow.

If a former tenant leaves a car behind on your property, you cannot claim it as your own. You have to follow the statutory towing procedure and let the lien sale process run its course.

Getting a Towed Vehicle Back

Any storage facility must mail or personally deliver a written notice to the registered and legal owners within 48 hours of the tow, excluding weekends and holidays. That notice states where the vehicle is, why it was removed, and how to request a hearing.4California Legislative Information. California Vehicle Code 22852

To pick the car up, you need satisfactory proof of current registration. Vehicle Code 22850.3 makes this a hard requirement, and the lot cannot release the car without it.5California Legislative Information. California Vehicle Code 22850.3 If registration has lapsed, renew it first. The impounding agency has discretion to issue a notice to appear for the registration violation instead of requiring current registration, but that is not something to bank on.

You will also pay all accumulated towing, storage, and administrative charges, and any outstanding parking citations that triggered the removal. Bring valid photo ID and your registration card or DMV receipt. If someone else is picking up the car for you, they generally need written authorization from the registered owner plus their own ID.

Storage rates add up quickly, and waiting even a week or two can push total costs past the value of the vehicle. If you think the tow was unlawful, request the hearing described in the 48-hour notice right away.4California Legislative Information. California Vehicle Code 22852 Winning can produce a refund of the towing and storage charges, but the filing window is short.

What Happens if Nobody Claims the Vehicle

Unclaimed cars end up in a lien sale. Under Civil Code 3072, the lienholder requests the names and addresses of the registered and legal owners from the DMV, then immediately sends a Notice of Pending Lien Sale by certified mail to every owner and known interested party. The mailing includes a blank Declaration of Opposition and a return envelope addressed to the DMV.6California Legislative Information. California Civil Code 3072

The recipient has 10 days from the mailing date to sign and return the Declaration of Opposition. If someone opposes, the towing company cannot sell or scrap the vehicle unless it obtains a court judgment, a release from the opposing party, or that party cannot be served. If no one opposes within the 10 days, the sale proceeds. Lien sale proceedings must generally commence within 15 days after the lien arises, and the lienholder must apply for authorization within 30 days. Once a lien sale completes, the buyer takes new title and the former owner loses all rights to the vehicle.

For vehicles removed through a local abatement ordinance, the agency also has to submit a Notice of Removal of Abandoned Vehicle (REG 104) to the DMV within five days, along with any available registration evidence such as a title, registration card, or license plates.7California State Department of Motor Vehicles. Disposition of Vehicles Removed by a Local Abatement Procedure (VC 22661)

Contesting a Tow or an Ownership Claim

Disputes tend to fall into a few patterns. The registered owner insists they never abandoned the car. A buyer who never finished the title transfer discovers their vehicle was towed and sold. Co-owners argue about who was actually responsible.

The Declaration of Opposition is the main protective tool. Filing it within the 10-day window forces the towing company to go to court before selling the vehicle.6California Legislative Information. California Civil Code 3072 Missing that window effectively waives the objection.

If the car was stolen and then dumped by the thief, a police report documenting the theft is critical. It can move liability for towing and storage away from you and may allow you to recover the vehicle without paying those charges. If you sold the car and the buyer abandoned it, the bill of sale and a release of liability filed with the DMV rebut the Vehicle Code 22524 presumption that pins responsibility on the last registered owner. Where informal resolution fails, a court may need to decide who owns the vehicle and who pays the accumulated costs, and storage fees continue to climb while the dispute plays out.

Protection for Active-Duty Service Members

The federal Servicemembers Civil Relief Act limits what a storage facility can do. Under 50 U.S.C. ยง 3958, a person holding a storage lien on a servicemember’s property cannot foreclose on or enforce that lien during the member’s period of military service and for 90 days afterward, unless a court grants an order allowing it.8Office of the Law Revision Counsel. 50 USC 3958 Enforcement of Storage Liens The statute expressly covers liens for storage, repair, or cleaning.

So an impound lot cannot auction a deployed servicemember’s vehicle just because the 10-day opposition window closed. If you or a family member are in this situation, notify the storage facility and any court involved as early as possible, ideally with a copy of the servicemember’s orders.

Vehicles on Federal Land in California

State abandoned-vehicle rules do not reach federal land, and California has a lot of it: national parks, national forests, and Bureau of Land Management areas. Federal timelines are much shorter. In national parks, leaving property unattended for more than 24 hours is prohibited unless the superintendent has designated a longer period for that location. Property left past the allowed time can be impounded, and if the owner does not claim it within 60 days, it is treated as abandoned.9eCFR. 36 CFR 2.22 Property In national forests, violations of the property rules can carry up to six months of imprisonment, a fine, or both.10eCFR. 36 CFR Part 261 Prohibitions If you break down on a forest road or in a park, contact the managing agency right away rather than leaving the car and hoping to sort it out later.