California Vehicle Code 22651(k): 72-Hour Tow, Hearing, and Challenges

Under California Vehicle Code section 22651(k), a 72-hour parking tow is only lawful when two conditions are both met: the vehicle has been parked or left standing on a public road for 72 or more consecutive hours, and a local city or county ordinance specifically authorizes removal for that reason.¹ If either piece is missing, the tow fails under subsection (k), and you can challenge it at a free post-storage hearing.

The Two Elements the Officer Needs

Subsection (k) is not self-executing. The 72-hour clock alone does not justify a tow. There must also be a local ordinance on the books in the city or county where the vehicle was parked that authorizes removal under these circumstances.¹ Most large California cities have adopted such ordinances. Not every jurisdiction has. If yours has not, the tow has no legal basis under this subsection, no matter how long the vehicle sat.

The word “highway” in California vehicle law is broader than most people assume. It covers any publicly maintained road open to vehicle travel, which includes ordinary residential streets. Leaving a car on a quiet side street for three days triggers the clock in exactly the same way a main thoroughfare does, so long as the local ordinance applies.

Why the 72 Hours Matters

The 72 hours must be consecutive. Moving the vehicle resets the count. That is why evidence of movement during the alleged period is often the strongest fact in a challenge: dashcam footage, dated photographs, a receipt from a store you drove to, or a witness who saw you use the car. If the vehicle was in use within the three-day window, the trigger was never pulled.¹

How to Challenge a 22651(k) Tow

A challenge usually targets one of three weak spots.

No Local Ordinance

Check whether the city or county where your vehicle was parked has actually adopted an ordinance authorizing removal for 72-hour parking. The state code alone is not enough. If no matching local ordinance exists, the subsection (k) ground collapses.

The Vehicle Was Not Parked for 72 Consecutive Hours

Any proof the car moved within the window defeats the time element. Dashcam footage, timestamped photos, and witness statements are all useful.¹

Defective Storage Notice

The impounding agency must mail or personally deliver a written storage notice within 48 hours of ordering the vehicle stored, excluding weekends and holidays. The notice must identify the agency, describe the vehicle, state its storage location, and cite the legal authority for the tow.² A late notice, a wrong address, or missing required information all strengthen a challenge.

The Post-Storage Hearing and the 10-Day Deadline

California gives you the right to a free administrative hearing to contest the validity of the tow. You have 10 days from the date on the storage notice to request it. The request can be made in person, in writing, or by phone.²

Once requested, the hearing must take place within 48 hours, again excluding weekends and holidays. The hearing officer cannot be the person who ordered the tow. No fee can be charged for the hearing.²

Missing the 10-day window waives your right to the hearing. That deadline tends to lapse while people are busy figuring out how to pay the release fees, so put it on a calendar the day the notice arrives. Winning a post-storage hearing can entitle you to a refund of the towing and storage charges even if you already paid to get the vehicle back.

Getting the Car Back While You Dispute the Tow

Disputing the tow and retrieving the vehicle are separate tracks. Storage fees run every day the car sits in the yard, so most owners retrieve first and request the hearing in parallel.

Costs Add Up Fast

Towing and storage rates are set at the city level. In Long Beach, a standard passenger-vehicle tow is $255, with daily storage of $83 for vehicles 20 feet or shorter and $102 for larger ones. Medium-duty tows run $348 and heavy-duty $463.³ On top of that, the impounding agency charges a separate administrative release fee. Fullerton charges $220 for non-DUI impounds and $285 for DUI-related impounds.⁴

At those rates, five days in storage with a $255 tow and $220 administrative fee lands around $890. Two weeks easily tops $1,500. Every day of delay adds another storage charge.

The Retrieval Sequence

In most California cities, you cannot pay the tow yard directly first. The typical order is:

Call the law enforcement agency that ordered the tow to confirm where the vehicle is. San Jose uses the SJPD Vehicle Records line at (408) 277-4263. San Diego uses the AutoReturn system or 619-527-4392.⁵⁶
Pay the administrative fee and obtain a release form from the agency. The agency checks for holds such as warrants or unpaid citations before approving release.⁴
Bring proof of ownership. San Jose requires a valid driver’s license, current DMV registration, and personal identification. A non-owner picking up the vehicle typically needs written authorization from the owner.⁵
Take the release form to the tow yard and pay the towing and storage charges. Call ahead on payment methods. San Jose accepts cash, cashier’s check, money order, or Visa, Mastercard, or Discover.⁵

California law separately provides that no lien attaches to personal property inside the vehicle. The tow company cannot hold your belongings against the impound bill. If you cannot afford to retrieve the car immediately, you can still ask to access prescription medications, medical equipment, and identification documents.

Fee Waivers for Low-Income Owners

Some cities reduce or waive fees for low-income residents. San Francisco’s SFMTA program waives the administrative fee, tow fee, and up to 30 days of storage charges once for vehicle owners experiencing homelessness who have visited a Coordinated Entry Point within the past six months. Low-income owners who can show Medi-Cal, EBT, WIC, or a Lifeline card get the administrative fee waived, a reduced tow fee of $107, and up to 15 days of storage waived.⁷

Qualified owners who submit proof at the time of payment get the reduction automatically. If you already paid the full amount, you can request reimbursement within 30 days of the tow date or the payment date. Business entities, including nonprofits, are not eligible.⁷ Not every city has a comparable program. Ask the impounding agency.

When Subsection (k) Is Not What You’re Dealing With

Check the subsection letter on your paperwork. Section 22651 lists many separate grounds for impoundment, and the rules and defenses shift with the letter.¹ Two situations in particular are commonly confused with a 72-hour tow but operate under different statutes.

If your paperwork cites Vehicle Code 14602.6 rather than 22651, the stakes are much higher. That statute authorizes a mandatory 30-day hold when an officer determines you were driving without ever having been issued a license, or while your license was suspended or revoked.⁸ The 30 days run from the impound date, the vehicle generally cannot be released early, and the defenses are narrower than for a 22651(k) tow.

If your vehicle was taken from private property such as an apartment lot or shopping center, the governing statute is Vehicle Code 22658, not 22651. That law has strict signage requirements: a sign at every entrance, at least 17 by 22 inches, with lettering at least one inch tall, stating that unauthorized vehicles will be towed at the owner’s expense, and displaying the local traffic enforcement agency’s phone number along with the authorized towing company’s name and number. A property owner who orders a tow without meeting these requirements is liable for double the towing and storage charges you paid, and in some circumstances a $1,000 fine.⁹

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California Legislative Information. California Code VEH 22651
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California Legislative Information. California Code VEH 22852
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City of Long Beach. Towing Fees and Charges
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City of Fullerton. Vehicle Impound Fees
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San Jose Police Department. Recover Towed Vehicle
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City of San Diego Official Website. Vehicle Impounds and Towing
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SFMTA. Waivers for People Experiencing Homelessness or Low-Income and Reduction for First Time Tow
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California Legislative Information. California Code VEH 14602.6
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California Legislative Information. California Code VEH 22658