for "services related to [the] movement" of property – and in our view, storage of a towed vehicle at a storage yard after its transport is a service incident or related to the carriage. (Accord PNH Corp. v. Hullquist Corp. (1st Cir. 1988) 843 F.2d 586, 590 [holding a defendant that had stored goods bound for delivery but never actually transported those goods would have provided "transportation" within the meaning of 49 U.S.C. section 13102 if it had been a motor carrier; court stated the broad definition of transportation in the statute includes all "services incident to carriage and delivery"].)
D. Section 22851.12
Section 22851 and its subsections generally govern the rights and responsibilities of a garage keeper or other person in asserting a possessory lien for "compensation for towing and caring for and keeping safe" a vehicle that has been removed to a storage facility. (See § 22851, subd. (a)(1)6; People v. James (1981) 122 Cal.App.3d 25, 37-38.)
Plaintiff contends section 22851.12 does not come within the ambit of the FAAAA's general preemption provision; that while the statute regulates a "price," the
6 Section 22851, subdivision (a)(1) provides in part: "Whenever a vehicle has been removed to a garage under this chapter and the keeper of the garage has received the notice or notices as provided here, the keeper shall have a lien dependent upon possession for his or her compensation for towage and for caring for and keeping safe the vehicle for a period not exceeding 60 days, or, if an application for an authorization to conduct a lien sale has been filed pursuant to Section 3068.1 of the Civil Code within 30 days after the removal of the vehicle to the garage, 120 days and, if the vehicle is not removed by the owner within that period or the owner is unknown, the keeper of the garage may satisfy his or her lien in the manner prescribed in this article." This provision, and section 22851.12, are contained in division 11 of the Vehicle Code, under chapter 10 ("Removal of Parked and Abandoned Vehicles") and article 2 ("Vehicle Disposition").