This bill provides certain protections for an owner or lien holder of a towed vehicle if proper notice has not been provided to the owner or lien holder.
This bill:
- provides that, for a private-property tow, a possessory lien related to a vehicle that has been towed is not enforceable if required notice was not properly provided to the owner or lien holder;
- allows an owner or a lien holder to take possession of a vehicle without paying towing or storage fees if notice was not properly given;
- if an owner claims notice was not properly provided, creates a presumption of improper notice that may be rebutted by presenting, as applicable:time-stamped evidence that notice was properly provided to the Motor Vehicle Division; or evidence that notice was sent via certified mail;
- allows a party prevailing in an action related to lack of notice to be awarded attorney fees;
- authorizes the Department of Transportation to make rules to establish the process for an owner or a lien holder to make a claim for release of a vehicle; and
- makes technical changes.