2017 -- S 0380

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LC001485

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - THE TOWING STORAGE ACT

     Introduced By: Senators Gallo, Ciccone, and McCaffrey

     Date Introduced: March 02, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 39-12.1-12 of the General Laws in Chapter 39-12.1 entitled "The

Towing Storage Act" is hereby amended to read as follows:

     39-12.1-12. Private trespass towing.

     (a)(1) The owner or person in control of any parcel of property may cause to be removed

from the property vehicles which are trespassing upon the property without the consent of the

owner or person in control of the property by retaining, in writing, a certificated tower to remove

the trespassing vehicle and relocate the vehicle to its private impoundment lot; and this procedure

may be undertaken and accomplished without the need to resort to the judicial process; provided,

however, that the impoundment lot shall be within ten (10) miles of the point of removal; and

provided further that the lot shall be open for business to release the vehicle the same hours it is

open to receive the vehicle; and provided further that there shall be posted on the outside of the

office of the lot the business hours. Provided, however, that the owner or person in lawful

possession of private property that is held open to the public, or a discernible portion thereof, for

parking of vehicles at no fee, or an employee or agent thereof, shall not tow or remove, or cause

the towing or removal, of a vehicle within one hour of the vehicle being parked.

     (2) Notwithstanding subsection (a)(1) of this section, a vehicle may be removed

immediately after being illegally parked within fifteen feet (15') of a fire hydrant, in a fire lane, in

a manner that interferes with an entrance to, or an exit from, the private property, or in a parking

space or stall legally designated for disabled persons.

     (3) Subsection (a)(1) of this section does not apply to property designated for parking at

residential property, or to property designated for parking at a hotel or motel where the parking

stalls or spaces are clearly marked for a specific room.

      (4) An owner or person in control of any parcel of property, and/or any certificated tower

who violates subsection (a) of this section is civilly liable to the owner of the vehicle or their

agent for two (2) times the amount of the towing and storage charges.

     (b) All charges for towing, in accordance with the published tariff and storage shall be

borne by the last registered and/or legal owner of the vehicle for which charges the certificated

tower shall have a possessory lien as set forth elsewhere in this chapter; provided, however, that

should the last registered and/or legal owner prove through judicial process that the vehicle was

not in fact trespassing on the property of the owner or person in control, the charges shall be

borne by the owner or person in control of the property who ordered the towing, removal,

relocation and storage and the property owner or person in control shall pay two (2) times the

amount of the towing and storage charges to the owner of the vehicle or their agent. The last

registered and/or legal owner of the vehicle shall, however, as a prerequisite to procedure to

recover the charges from the owner or person in control of the property, pay in full all charges

assessed due the certificated tower in accordance with its published tariff.

     (c) A certificated tower shall remove vehicles from private property at the direction of the

owner or person in control thereof only upon receiving the direction in writing, which writing and

notice shall be kept in the records of the certificated tower and which writing shall be a complete

defense to any civil and criminal charges resulting from removal of the vehicle.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - THE TOWING STORAGE ACT

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     This act would prohibit property owners from towing cars that have been parked less than

one hour unless the cars are otherwise illegally parked on the property. The property owner would

be required to pay two times the cost of towing and storage. This act would not apply to parking

at hotels or residential property where the parking stalls or spaces are clearly marked for a

specific room.

     This act would take effect upon passage.

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