28-4848. Access to vehicle; ignition interlock service provider; lienholder; fee prohibited; violation; classification

A. A towing company, storage yard, facility or person that has physical possession of a vehicle that was removed pursuant to section 9-499.05, 11-251.04 or 28-872, that was impounded pursuant to chapter 8, article 9 of this title or that was abandoned shall provide access during normal business hours to a person who presents evidence that the person either:

1. Is certified by the department as an ignition interlock device manufacturer or ignition interlock service provider and requires access to the vehicle for the purpose of removing the device from the vehicle.

2. Is listed as a lienholder on the department s records for the vehicle and requires access to the vehicle for the purpose of assessing the condition of the vehicle.

B. After complying with subsection C of this section, an ignition interlock device manufacturer or ignition interlock service provider or a lienholder who is denied access to a vehicle by a towing company, storage yard, facility or person that has physical possession of the vehicle may report the denial to the impounding agency or a law enforcement agency that has jurisdiction in the city or county in which the vehicle is being stored and may submit a written request for assistance as prescribed by the impounding agency or law enforcement agency to obtain access to the vehicle for the purposes prescribed in this section. The impounding agency or the law enforcement agency shall provide assistance to the lienholder in obtaining access to the vehicle within five business days after the date the written request is received by the impounding agency or law enforcement agency.

C. A towing company, storage yard, facility or person that has physical possession of a vehicle as prescribed in subsection A of this section shall provide access during normal business hours to an ignition interlock device manufacturer or ignition interlock service provider or lienholder who submits a request for access to a vehicle. The request for access shall be in writing, shall contain the name, address and telephone number of the person making the request for access to the vehicle and either:

1. For a lienholder, shall include a copy of a signed contract, loan agreement or credit agreement indicating the vehicle owner s name, the vehicle identification number, the vehicle make and model or other identifying indicia or a certified record issued by the department listing the person as a lienholder.

2. For an ignition interlock device manufacturer or ignition interlock service provider, shall include a copy of a signed contract identifying the make and model or serial number of the ignition interlock device, the make and model of the vehicle or the vehicle identification number of the vehicle in which the device is installed.

D. If the vehicle owner does not inspect the vehicle before removal of the ignition interlock device by the manufacturer or ignition interlock service provider, or has inspected the vehicle and has had the opportunity to remove personal property in the vehicle, a rebuttable presumption is created that damage to the vehicle and any loss of personal property in the vehicle occurred while the vehicle was not in the custody of the towing company, storage yard, facility or person that has physical possession of the vehicle. The presumption may be overcome by a preponderance of evidence to the contrary.

E. This section does not create a cause of action or a right to bring an action against a towing company, storage yard, facility or person that has physical possession of the vehicle for allowing access to a vehicle to a person other than the owner if the written request as prescribed in this section is provided to the towing company, storage yard, facility or person that has physical possession of the vehicle.

F. A towing company, storage yard, facility or person that has physical possession of a vehicle shall not charge a fee or require or request any compensation for providing access to a vehicle pursuant to this section.

G. A person who violates this section is guilty of a class 2 misdemeanor.