Discuss and consider action on Ordinance 330 regarding towing of vehicles for failure to maintain financial responsibility.

State law requires a person operating a motor vehicle in this state to establish financial responsibility for the vehicle.  State law also allows for the towing of vehicles under certain circumstances; however, operating a vehicle without insurance or financial responsibility is not one of those circumstances.

State law has been amended allowing for the field release of persons arrested or charged with a Class B Misdemeanor.  This includes offenses such as Driving with an Invalid or Suspended Drivers License, which is often the result of a conviction for driving without insurance.

Bee Cave Police save many hours of transport by utilizing field release on these offenses.  But by allowing the field release and not making a physical arrest, we have no authority to tow the vehicle.  The end result is a driver without insurance or with a suspended license is allowed to continue to drive the vehicle.

By adoption of this ordinance, Bee Cave Officers would have the discretion to tow the vehicle when the operator does not have insurance or financial responsibility.  As stated above, many of these persons are also operating a vehicle with a suspended or invalid license, or in fact do not have a driver’s license.  Allowing officers to tow the vehicle will reduce any liability on our part for allowing them to continue to operate the vehicle knowing they do not have a license or insurance.