Spilman

This appeal concerns the proper construction of Vehicle Code section 22651, subdivision (o). 1 For the following reasons, we agree with the construction urged by respondent, Jack Spilman, and affirm.

On March 2, 1988, a California Highway Patrol (CHP) officer removed Spilman’s 1959 Peterbilt dump truck from a public highway pursuant to section 22651, subdivision (o). 2 Subsequently, CHP issued a notice to appear for the registration violation. Spilman posted bail, as required by the notice, forfeited bail, and demanded release of the vehicle pursuant to subdivision (o). 3 CHP refused to release the truck.

*62 On June 30, 1988, Spilman filed a petition for writ of mandate in the superior court, seeking release of the truck. The alternative writ was issued on July 22, 1988. On August 8, CHP filed an answer to the petition, denying the existence of any duty to release the truck.

On August 24, 1988, following a hearing, the superior court issued a minute order granting the petition, and stating that the meaning of the statute was clear. Judgment issuing the writ was filed on September 13. On September 16, CHP filed a return to the writ, a notice of appeal, and a request…