California law regarding using an EV charger parking space

[Russell]

It's only a matter of time until some healthy fines for ICING becomes law in California.

It already is a law. So is parking an EV in a charging spot while not plugged in.

CVC 22511
(a) (1) A local authority, by ordinance or resolution, and a person in lawful possession of an offstreet parking facility may designate stalls or spaces in an offstreet parking facility owned or operated by that local authority or person for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes.

(b) If posted in accordance with subdivision (d) or (e), the owner or person in lawful possession of a privately owned or operated offstreet parking facility, after notifying the police or sheriff’s department, may cause the removal of a vehicle from a stall or space designated pursuant to subdivision (a) in the facility to the nearest public garage if the vehicle is not connected for electric charging purposes.

(d) (1) The posting required for an offstreet parking facility owned or operated either privately or by a local authority shall consist of a sign not less than 17 by 22 inches in size with lettering not less than one inch in height that clearly and conspicuously states the following: “Unauthorized vehicles not connected for electric charging purposes will be towed away at owner’s expense....

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=22511.

 

[Ulmo]

(b) If posted in accordance with subdivision (d) or (e), the owner or person in lawful possession of a privately owned or operated offstreet parking facility, after notifying the police or sheriff’s department, may cause the removal of a vehicle from a stall or space designated pursuant to subdivision (a) in the facility to the nearest public garage if the vehicle is not connected for electric charging purposes.

My interpretation of that is different than what we did at apartment complexes: at apartment complexes, the towed vehicle would get locked up far away in a tow yard. "Nearest public garage" could mean an unlocked location where the owner could simply retrieve their vehicle on their own; how would the towing company be compensated? It must be one of those laws that says something other than what it means.

 

[mociaf9]

My interpretation of that is different than what we did at apartment complexes: at apartment complexes, the towed vehicle would get locked up far away in a tow yard. "Nearest public garage" could mean an unlocked location where the owner could simply retrieve their vehicle on their own; how would the towing company be compensated? It must be one of those laws that says something other than what it means.

I don't think that's what "public garage" means in this instance. I believe it just means they have to tow you to the closest impound lot. They can't decide to take your car to a lot 100 miles away just to mess with you or charge you more money to retrieve it.

 

[Pluto]

My interpretation of that is different than what we did at apartment complexes: at apartment complexes, the towed vehicle would get locked up far away in a tow yard. "Nearest public garage" could mean an unlocked location where the owner could simply retrieve their vehicle on their own; how would the towing company be compensated? It must be one of those laws that says something other than what it means.

Just a brief part of the law for removing vehicles in EV parking spots was quoted, later on it gives another option for removing vehicles at the owner's expense pursuant to vehicle code section 22658: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=22658.&lawCode=VEH

 

[thecloud]

One important component of the law is that the owner of the property has to post a sign that states, "Unauthorized vehicles not connected for electric charging purposes will be towed away at owner’s expense." I have yet to see one of these signs at a Tesla supercharger. Usually it's the opposite: the signs often say that parking is allowed in addition to charging.

This came up in the Downey supercharger forum; someone was unable to charge there because most of the spots were ICEd (it's in a busy restaurant parking lot.) It's not in the property owner's interest to post such signs or enforce the law, since from their perspective, everyone parking there is a paying customer.

 

[cpa]

(a) (1) A local authority, by ordinance or resolution, and a person in lawful possession of an offstreet parking facility may designate stalls or spaces in an offstreet parking facility owned or operated by that local authority or person for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes.

This is the key part of the statute. [Emphasis added.]

The lawful owner of the parking lot has the power to enact an ordinance or resolution (in the case of political subdivisions of the State of California) or to carve out a certain number of parking places (in the case of public access private property.) It does not require the entity or land owner to reserve spots the way the handicapped parking law does. The subparagraphs merely state a condition precedent for signage and the lawful remedy for unlawful parking if the appropriate signage is in place.

In my opinion, this law is only slightly better than no law--but not by much. As others correctly pointed out above, most private property owners are not going to go out of their way to comply with the appropriate signage (likely a trivial cost), and then have towing companies on speed dial to tow away the miscreants. This will more than likely piss off the 99% of their customers who drive ICE.

Once BEVs get a reasonable toe hold in total vehicle sales, and we start to represent a reasonable amount of patronage at these locations, complaints directed at the land owner and tenant businesses plus competitors who advertise enforcement of this CVC section will force compliance. And perhaps by then, the legislature will deign to deliver a statute with teeth and include a hefty fine for parking in a charging spot and not plugged in.