Bill Text: NC S1136 | 2010 | Regular Session | Amended
Bill Title: Regulate Towing From Private Lots
Spectrum: Slight Partisan Bill (Republican 10-5)
Status: (Passed) 2010-07-21 - Ch. SL 2010-134 [S1136 Detail]
Download: North_Carolina-2010-S1136-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
S 3
SENATE BILL 1136
Transportation Committee Substitute Adopted 6/9/10
House Committee Substitute Favorable 6/30/10
Short Title: Regulate Towing From Private Lots. |
(Public) |
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Sponsors: |
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Referred to: |
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May 17, 2010
A BILL TO BE ENTITLED
AN ACT to strengthen the regulation of the towing of vehicles from private lots in certain COUNTIES and cities, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20‑219.2 reads as rewritten:
"§ 20‑219.2. Removal of unauthorized vehicles from private lots.
(a) It shall be unlawful for any person other than the
owner or lessee of a privately owned or leased parking space to park a motor or
other vehicle in such private parking space without the express permission of
the owner or lessee of such spacespace; provided, that such if
the private parking lot be is clearly designated as such by a
sign no smaller than 24 inches by 24 inches prominently displayed at the
entrance thereto thereto, displaying the name and phone number of the
towing and storage company, and and, if individually owned or
leased, the parking lot or spaces within the lot be are
clearly marked by signs setting forth the name of each individual lessee or owner;
owner. a A vehicle parked in a privately owned parking
space in violation of this section may be removed from such space upon the
written request of the parking space owner or lessee to a place of storage and
the registered owner of such motor vehicle shall become liable for removal and
storage charges. Any person who removes a vehicle pursuant to this section
shall not be held liable for damages for the removal of the vehicle to the
owner, lienholder or other person legally entitled to the possession of the
vehicle removed; however, any person who intentionally or negligently damages a
vehicle in the removal of such vehicle, or intentionally or negligently
inflicts injury upon any person in the removal of such vehicle, may be held
liable for damages.
(a1) Any vehicle removed pursuant to this section shall not be transported for storage more than 15 miles from the place of removal.
(a2) Any person who tows or stores a vehicle subject to this section shall inform the owner in writing at the time of retrieval of the vehicle that the owner has the right to pay the amount of the lien asserted, request immediate possession, and contest the lien for towing charges pursuant to the provisions of G.S. 44A‑4.
(a3) Any person who tows or stores a vehicle subject to this section shall not require any person retrieving a vehicle to sign any waiver of rights or other similar document as a condition of the release of the person's vehicle, other than a form acknowledging the release and receipt of the vehicle.
(b) Any person violating any of the provisions of this
section shall be guilty of a Class 3 misdemeanor an infraction and
upon conviction shall be only fined penalized not more than ten
dollars ($10.00) one hundred dollars ($100.00) in the discretion of
the court.
(c) This section shall apply only to the Counties of
Craven, Cumberland, Dare, Forsyth, Gaston, Guilford, Mecklenburg,
New Hanover, Orange, Richmond, Robeson, Wake, Wilson and municipalities in
those counties, and to the Cities of Durham, Jacksonville, Charlotte
and Fayetteville.
(d) The provisions of this section shall not be interpreted to preempt the authority of any county or municipality to enact ordinances regulating towing from private lots, as authorized by general law."
SECTION 2. This act becomes effective October 1, 2010, and applies to vehicles towed on or after that date.