print this pagePolicy Regarding Towing Vehicles with People Inside
There are only two pertinent statutes in the California Vehicle Code (CVC) regarding persons within vehicles being towed. The first, CVC Section 21712(d), states that no person shall drive a motor vehicle that is towing a trailer coach, camp trailer, or trailer carrying any vessel, containing any passenger, except when a trailer carrying or designed to carry a vessel is engaged in launching or recovery of the vessel.
The second statute, CVC Section 29004(a)(1), requires that every towed vehicle be coupled to the towing vehicle or tow truck by means of a safety chain, cable, or equivalent device in addition to the regular drawbar, tongue or other connection.
However, Section 29004(d) states that the requirement of subdivision (a) does not apply to a towed motor vehicle when steered by a person who holds a license for the type of vehicle being towed. Although this section permits passengers in towed motor vehicles, it would not be applicable to situation since he could not steer his vehicle.
Even though tile CVC contains no statutes specifically prohibiting a person from riding in a towed passenger vehicle, individual towing companies may have policies prohibiting this. According to the Automobile Club of Northern California, the towing policies of individual companies often reflect the policies of the insurance carriers which provide liability coverage. Therefore, each tow company may handle a towing situation differently.
Based on the circumstances at the time, a CHP officer on the scene may give a lawful order to a tow truck driver to perform a specific task, such as allowing a motorist to remain in the towed vehicle. In the event that an individual is permitted to remain in the towed vehicle, that person is required to abide by all applicable traffic laws, such as being restrained in an approved occupant restraint.
Why it is illegal for a person to ride in a vehicle being transported on a flat-bed tow truck. CVC Section 21712(b) prohibits any person from riding on or upon any portion of a vehicle not designed or intended for the use of passengers. However, subdivision (c) states: "subdivisions (a) and (b) shall not apply to any employee engaged in the necessary discharge of his duty or in the case of persons riding completely within or upon vehicle bodies in space intended for any load on the vehicle." Therefore, it is not illegal for a person to remain in a vehicle being legally transported on a flat-bed tow truck. Again, all applicable traffic laws would apply to the individual in the towed vehicle.
There is no statute prohibiting an individual from remaining in a passenger vehicle, as defined, while it is being towed. However, all situations are different, and CHP officers are trained to use their knowledge, experience, and sound professional judgment to evaluate a situation and determine the best course of action. In the case of a request for a tow, officers will consider the person's maturity, mental and physical condition, the weather, and existing traffic conditions before making a decision. Because officers must take into consideration a number of factors when providing assistance, the public may get the impression that the officers are not enforcing the law equitably.