49-1807A. UNAUTHORIZED REMOVAL OF VEHICLE — REFUSAL TO RELEASE VEHICLE. (1) Any towing firm, employee or agent thereof called to the scene of an accident or disabled vehicle by an authorized officer and requested to remove a vehicle shall remove the vehicle and take it to the nearest garage or other place of safety as directed by the officer or, except as otherwise provided in this chapter, shall take the vehicle to such place as the owner or his authorized agent may reasonably request. The towing firm, employee or agent shall not be entitled to recover any storage, impound fees or other fees, except the scheduled tow fee, if the firm, employee or agent:

(a) Removes the vehicle to a place other than as directed by the officer or as reasonably requested by the owner or his authorized agent; or

(b) After removing the vehicle, refuses to release the vehicle to the owner, his authorized agent, insurance representative or lienholder for any reason other than the refusal of the owner, authorized agent, insurance representative or lienholder to pay the fees to which the towing firm is lawfully entitled. The refusal of the owner, his authorized agent, insurance representative or lienholder to pay fees to which the towing firm, employee or agent is not entitled pursuant to this subsection shall not be cause for the towing firm, employee or agent to refuse to release the vehicle.

(2) Upon release of the vehicle to the legal or registered owner, authorized agent or insurance representative, the towing company shall provide an itemized statement containing the following:

(a) Location from which the vehicle was towed;

(b) Storage location of the vehicle;

(c) Name, address and telephone number of the tow company;

(d) Year, make and model of the vehicle towed;

(e) License plate number of the vehicle towed;

(f) Itemized cost of towing and recovery charges;

(g) Daily storage charge and number of days stored.

History:

[49-1807A, added 2000, ch. 308, sec. 1, p. 1044; am. 2010, ch. 171, sec. 8, p. 351; am. 2011, ch. 304, sec. 1, p. 870.]