Bill Text: AZ HB2379 | 2017 | Fifty-third Legislature 1st Regular | Engrossed
Bill Title: Towing; vehicle removal; abandoned vehicles
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-03-21 - Senate APPROP Committee action: Do Pass, voting: (8-0-2-0) [HB2379 Detail]
Download: Arizona-2017-HB2379-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HOUSE BILL 2379 |
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AN ACT
amending sections 28‑674 and 28-4804, Arizona Revised Statutes; amending title 28, chapter 11, article 1, Arizona Revised Statutes, by adding section 28-4806; amending section 28‑4842, Arizona Revised Statutes; relating to vehicles.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-674, Arizona Revised Statutes, is amended to read:
28-674. Traffic accidents; quick clearance
A. Notwithstanding any other provision of this article, motor vehicles involved in traffic accidents and drivers of motor vehicles involved in traffic accidents are subject to this section.
B. This section applies to motor vehicle traffic accidents that occur on controlled access highways and any other highways that are divided into two or more lanes clearly marked for traffic in this state.
C. If a motor vehicle traffic accident occurs and serious physical injury as defined in section 13‑105 or death is not apparent, the drivers of the motor vehicles involved in the accident, or any other occupant of the motor vehicles involved in the accident who possesses a valid driver license, shall remove the motor vehicles from the main traveled portion of the roadway into a safe refuge on the shoulder, emergency lane or median or to a place otherwise removed from the roadway if both of the following apply:
1. The moving of the motor vehicle can be done safely.
2. The motor vehicle is capable of being normally and safely driven, does not require towing and can be operated under its own power in its customary manner without further damage or hazard to the motor vehicle, to traffic elements or to the roadway.
D. The driver of a motor vehicle involved in a traffic accident may request any person who possesses a valid driver license to remove the motor vehicle as provided in this section, and the person requested to remove the motor vehicle may comply with the request.
E. The driver or any other person who removes a motor vehicle from the main traveled portion of the roadway as provided in this section before the arrival of a police officer is not liable or at fault regarding the cause of the traffic accident solely by reason of moving the motor vehicle pursuant to this section.
F. This section does not abrogate or affect a driver's duty to do either of the following:
1. File any written report required by a local law enforcement agency, except that compliance with this section does not allow a driver to be prosecuted for the driver's failure to stop and immediately report a traffic accident.
2. Stop and give information pursuant to this article.
G. This section does not relieve a police officer of the duty to submit a written accident report pursuant to this article.
H. In the exercise of the management, control and maintenance of state highways, the department may require and assist in the removal of the following from the main traveled portion of the roadways in the state highway system:
1. All vehicles that are incapacitated for any cause other than having been involved in a motor vehicle traffic accident.
2. All vehicles incapacitated as a result of being involved in a motor vehicle traffic accident and debris caused by a motor vehicle traffic accident if both of the following apply:
(a) Serious physical injury as defined in section 13‑105 or death is not apparent.
(b) The move can be accomplished safely by the drivers of the motor vehicles involved or with the assistance of a towing or recovery vehicle and the move will result in the improved safety or convenience of travel on the highway.
I. The department shall not require or assist in the removal of a motor vehicle that is incapacitated as a result of being involved in a motor vehicle traffic accident if serious physical injury as defined in section 13‑105 or death is apparent until a police officer has made the necessary measurements and diagrams required for the initial accident investigation.
J. If the department of transportation or a police officer requests a towing or recovery vehicle to assist in moving a vehicle pursuant to subsection H, paragraph 2 of this section, the operator of the towing or recovery vehicle is not liable for any damage to personal property unless the removal is carried out recklessly or in a grossly negligent manner.
Sec. 2. Section 28-4804, Arizona Revised Statutes, is amended to read:
28-4804. Abandoned vehicle administration fund
A. The department may receive The abandoned vehicle administration fund is established consisting of monies collected pursuant to section 28‑4802 and all other monies collected pursuant to this chapter for deposit in the state highway fund established by section 28‑6991. The department shall administer the fund. Monies in the fund are continuously appropriated. The director shall deposit the monies collected in the state highway fund established by section 28‑6991 except that the monies that are deposited pursuant to section 28‑4805 may not be deposited in the state highway fund and shall be used to partially reimburse registered towing companies pursuant to section 28‑4805.
B. In addition to the use prescribed in subsection A of this section, the department shall use monies collected pursuant to this chapter to carry out the other duties prescribed by this chapter.
Sec. 3. Title 28, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 28-4806, to read:
28-4806. Abandoned vehicle fee monies; deposit; towing companies; payment system
A. Before the distribution of abandoned vehicle fees collected pursuant to section 28‑4802, subsection C and before the distribution of vehicle license tax monies pursuant to section 28‑5808, subsection D, the department shall deposit twenty percent of abandoned vehicle fees collected in the abandoned vehicle administration fund established by section 28‑4804.
B. The director, in consultation with registered towing companies in this state, shall establish a monthly payment system to reimburse registered towing companies that are entitled to partial reimbursement under section 28-4805.
Sec. 4. Section 28-4842, Arizona Revised Statutes, is amended to read:
28-4842. Unclaimed vehicle; transfer of ownership; immunity; towing companies
A. If a vehicle remains unclaimed at the expiration of the dates prescribed in section 28‑4841, subsections B and C, the director shall make an inquiry to determine if the vehicle is a stolen vehicle. On receiving notice that the vehicle has not been reported stolen, the director may transfer ownership of the vehicle free and clear of all liens or encumbrances on compliance with this chapter to the person in possession of the vehicle.
B. An application for transfer of ownership shall be signed by the applicant or authorized agent of the applicant and shall contain a certified statement that includes the following:
1. As of the date of application, no person has presented proof of ownership or proof of interest in the vehicle and entered into an agreement financial responsibility for the release or return of the vehicle.
2. The applicant is currently in possession of the vehicle.
C. This state and its agencies, employees and agents are not liable for relying in good faith on the contents of the abandoned vehicle report or affidavits as prescribed by this chapter.
D. A person in possession of a vehicle is not liable for obtaining a transfer of ownership of an abandoned vehicle if the person in possession of the vehicle complies with this chapter.
E. A towing company in possession of a vehicle may obtain a transfer of ownership of the vehicle if both of the following apply:
1. A person does not provide the department with proof of ownership of the vehicle within thirty days after the towing company applies for the transfer of ownership.
2. Towing and storage fees are not paid in full to the towing company.
F. For the purposes of this section, to prove ownership of a vehicle a person must submit a government issued photo identification and at least one of the following:
1. A valid certificate of title.
2. Proof of current vehicle registration, not including a restricted use three‑day permit.
3. A repossession affidavit, a hold harmless liability release from legal claims and, if applicable, a proof of lien on the vehicle.
4. An insurance company release pursuant to section 28‑4847.
5. A certified motor vehicle record.
Sec. 5. Conditional enactment
Section 28‑4804, Arizona Revised Statutes, as amended by this act, and section 28‑4806, Arizona Revised Statutes, as added by this act, do not become effective unless Senate Bill 1170, fifty‑third legislature, first regular session, relating to the state reimbursement of towing companies for abandoned vehicle tows, becomes law.
