Chapter 294
2004 -- S 2791
Enacted 07/02/04
A N A C T
RELATING
TO PUBLIC UTILITIES AND CARRIERS -- TOWING STORAGE ACT
Introduced
By: Senators Goodwin, Perry, Ciccone, Pichardo, and DaPonte
Date
Introduced: February 11, 2004
It
is enacted by the General Assembly as follows:
SECTION
1. Section 39-12.1-4 of the General Laws in Chapter 39-12.1 entitled "The
Towing
Storage Act" is hereby amended to read as follows:
39-12.1-4.
Notice and processing of abandoned and unclaimed motor vehicles by
certificated
tower. --
(a) A certified tower removing an abandoned or unattended vehicle shall
notify
within two (2) hours thereof, the police department of the city or town from
which the
vehicle
is towed, and shall provide:
(1)
The year, make, model and serial number of the vehicle.
(2)
The name, address and telephone number of the certificated tower.
(3)
The street address or location from which the vehicle was towed.
(a)
(b) A certificated tower removing an abandoned or unattended vehicle
shall notify
within
fourteen (14) days thereof, by registered mail, return receipt requested, the
last known
registered
owner of the vehicle and all lienholders of record at the address shown in the
records of
the
appropriate registry in the state in which the vehicle is registered that the
vehicle has been
taken
into custody. The notice shall be substantially in the form provided in section
39-12.1-13
and
shall describe:
(1) The year, make, model and serial number of the vehicle.
(2) The name, address and telephone number of the certificated tower.
(3) That the vehicle is in the possession of that certificated tower.
(4) That recovery, towing, and storage charges are accruing as a legal
liability of the
registered
and/or legal owner.
(5) That the certificated tower claims a possessory lien for all recovery,
towing, and
storage
charges.
(6) That the registered and/or legal owner may retake possession at any time
during
business
hours by appearing, proving ownership, and paying all charges due the
certificated tower
pursuant
to its published tariff.
(7) That should the registered and/or legal owner consider that the original
taking was
improper
or not legally justified, he or she has a right to file an administrative
complaint pursuant
to chapter
12 of this title to contest the original taking.
(8) That if no claim is filed and the vehicle is not claimed and possession
retaken or
arranged
for within thirty (30) days of the mailing of the notice, the lien will be
foreclosed and
the vehicle
will be sold at public auction.
(9) That the proceeds of the sale shall be first applied to recovery, towing,
and storage
charges
with and excess proceeds being deposited as provided in accordance with section
39-
12.1-9(d)(3).
(10) That any recovery, towing, and storage charges in excess of the sale
proceeds shall
remain
as a civil obligation of the registered and/or legal owner.
(b) (c) If the identity of the last registered owner cannot be
determined from the records
of
the appropriate registry in the state in which the vehicle is registered, or if
the registration
contains
no address for the ownership or if it is impossible to determine with
reasonable certainty
the
identity and addresses of all lienholders, notice by one publication in one
newspaper of
general
circulation in the area where the vehicle was abandoned or left unattended
shall be
sufficient
to meet all requirements of notice pursuant to this chapter. A notice by
publication may
contain
multiple listings of abandoned or unattended vehicles. Any notice by
publication shall be
within
the time requirements prescribed for notice by registered mail and shall have
the same
contents
required for a notice by registered mail.
SECTION
2. This act shall take effect upon passage.
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LC02467
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