Bill Text: VA HB1096 | 2010 | Regular Session | Prefiled
Bill Title: Vehicles towed; written notice within 24 hours to owners towed because of medical emergencies.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2010-02-16 - House: Left in Transportation [HB1096 Detail]
Download: Virginia-2010-HB1096-Prefiled.html
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10101965D
Be it enacted by the General Assembly of Virginia: 1. That §46.2-1212.1 of the Code of Virginia is amended and reenacted as follows: §46.2-1212.1. Authority to provide for removal and disposition of vehicles and cargoes of vehicles involved in accidents or medical emergencies A. As a result of a motor vehicle accident or incident or a medical emergency involving the driver of a vehicle, the Department of State Police and/or local law-enforcement agency in conjunction with other public safety agencies may, without the consent of the owner or carrier, remove: 1. A vehicle, cargo, or other personal property that has been (i) damaged or spilled within the right-of-way or any portion of a roadway in the state highway system and (ii) is blocking the roadway or may otherwise be endangering public safety; or 2. Cargo or personal property that the Department of Transportation, Department of Emergency Management, or the fire officer in charge has reason to believe is a hazardous material, hazardous waste or regulated substance as defined by the Virginia Waste Management Act (§ 10.1-1400 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. § 1808 et seq.) or the State Water Control Law (§62.1-44.2 et seq.), if the Department of Transportation or applicable person complies with the applicable procedures and instructions defined either by the Department of Emergency Management or the fire officer in charge. B. The Department of Transportation, Department of State Police, Department of Emergency Management, local law-enforcement agency and other local public safety agencies and their officers, employees and agents, shall not be held responsible for any damages or claims that may result from the failure to exercise any authority granted under this section provided they are acting in good faith. If the vehicle was towed because of a medical emergency involving the driver of the vehicle, the department or other agency initiating the towing of the vehicle shall, within 24 hours of the towing of the vehicle, provide the vehicle's owner written notice of the towing, and where the vehicle may be reclaimed. C. The owner and carrier, if any, of the vehicle, cargo or personal property removed or disposed of under the authority of this section shall reimburse the Department of Transportation, Department of State Police, Department of Emergency Management, local law-enforcement agency, and local public safety agencies for all costs incurred in the removal and subsequent disposition of such property. |
