Tillison

A towing company challenges California Vehicle Code section 22658(l)(1). This statute provides that when a towing company tows a vehicle from private property without the vehicle owner’s permission, the company must obtain written authorization from either the property- owner or the property owner’s agent. It also requires that the property owner or agent be present for the tow.

The district court enjoined enforcement of section 22658(l)(1) as preempted by the Federal Aviation Administration Authorization Act (FAAAA) of 1994, 49 U.S.C. §§ 14501-05 . The district court held, in accord with a 2000 decision of this court, that the provision is outside the statutory exception from preemption for state laws directed at safety concerns, because the provision is aimed instead at consumer protection. See Tocher v. City of Santa Ana, 219 F.3d 1040, 1051-52 (9th Cir.2000). Recent developments, including the Supreme Court’s providing a broader interpretation of the safety exception to the FAAAA and the California legislature’s amending section 22658, persuade us to reconsider Tocher . We therefore vacate the injunction entered by the district court and hold that section 22658(l)(1) is not…