Public Utilities and Carriers

CHAPTER 39-12.1
The Towing Storage Act

SECTION 39-12.1-3

§ 39-12.1-3. Removal of abandoned, abandoned and of no value, and unattended vehicles.

(a) Any member of any police department or the owner or person in control of private property may order the removal of any abandoned or unattended vehicle or, any member of any police department, upon completion of a vehicle survey report, as defined in this chapter, may order the removal of any abandoned vehicle of no value by a certificated tower and may instruct the certificated tower to remove said vehicle to its own place of storage.

(b) The last registered owner and/or the legal owner, or the person who left a vehicle in a position so that the vehicle becomes abandoned, abandoned and of no value, or unattended shall be liable for all reasonable costs of recovery, towing, and storage in accordance with the certificated towers' tariff.

(c) Any member of a police department observing a vehicle on or near a public way which appears to be abandoned, abandoned and of no value, or unattended shall tag the vehicle by affixing securely to the vehicle a colored form, or by using an easily observable sticker. The tag or sticker shall show:

(1) The date and time of tagging, and the name and telephone number of the police department;

(2) That the vehicle will be removed pursuant to this chapter unless the vehicle is removed after forty-eight (48) hours; provided, however, the police officer may order the immediate removal of the vehicle without prior tagging as provided in this section if it is parked illegally, causes traffic congestion or hazard or when the operator is not allowed to continue to operate the vehicle after having been detained for operating in violation of the law.

(d) No person in possession of a vehicle which, in the opinion of the police officer in charge of the scene, needs to be removed to another location, shall be denied the right to have any certificated tower of his or her choice attend to the removal; provided, however, that allowing the choice of certified tower does not cause a continuation of traffic congestion or of a hazardous condition on the highway which the police officer is able to eliminate by other means. When the hazardous condition has been eliminated, the person's choice shall be employed to remove the vehicle to the place selected by the person in possession.

History of Section.
(P.L. 1994, ch. 328, § 1; P.L. 1997, ch. 326, § 114.)