GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SESSION LAW 2013-241
HOUSE BILL 626
AN ACT to promptly notify local law enforcement agencies of certain information about vehicles that have been towed at the direction of a person other than the owner or operator of the vehicle.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 20 of the General Statutes is amended by adding a new Article to read:
"Article 7A.
"Notification of Towing.
"§ 20-219.20. Requirement to give notice of vehicle towing.
(a) Whenever a vehicle is towed at the request of a person other than the owner or operator of the vehicle, the tower shall provide the following information to the local law enforcement agency having jurisdiction through calling the 10-digit telephone number designated by the local law enforcement agency having jurisdiction prior to moving the vehicle:
(1) A description of the vehicle.
(2) The place from which the vehicle was towed.
(3) The place where the vehicle will be stored.
(4) The contact information for the person from whom the vehicle owner may retrieve the vehicle.
If the vehicle is impeding the flow of traffic or otherwise jeopardizing the public welfare so that immediate towing is necessary, the notice to the local law enforcement agency having jurisdiction may be provided by a tower within 30 minutes of moving the vehicle rather than prior to moving the vehicle. If a caller to a local law enforcement agency having jurisdiction can provide the information required under subdivisions (1) and (2) of this subsection, then a local law enforcement agency having jurisdiction shall provide to the caller the information provided under subdivisions (3) and (4) of this subsection. The local law enforcement agency having jurisdiction shall preserve the information required under this subsection for a period of not less than 30 days from the date on which the tower provided the information to the local law enforcement agency having jurisdiction.
(b) This section shall not apply to vehicles that are towed at the direction of a law enforcement officer or to vehicles removed from a private lot where signs are posted in accordance with G.S. 20-219.2(a).
(c) Violation of this section shall constitute an infraction subject to a penalty of not more than one hundred dollars ($100.00)."
SECTION 2. 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 space if the private parking lot is clearly designated as such by
a sign legible signs no smaller than 24 inches by 24 inches
prominently displayed at the entrance all entrances thereto,
displaying the current name and current phone number of the
towing and storage company, and, if individually owned or leased, the parking
lot or spaces within the lot are clearly marked by signs setting forth the name
of each individual lessee or owner. 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. The provisions of this section shall not apply until 72
hours after the required signs are posted.
(a1) If any vehicle is removed pursuant to this section and there is a place of storage within 15 miles, the vehicle shall not be transported for storage more than 15 miles from the place of removal. For all other vehicles, the vehicle shall not be transported for storage more than 25 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 an infraction and upon conviction shall be only penalized not more than 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 3. This act becomes effective December 1, 2013, and applies to violations committed on or after that date.
In the General Assembly read three times and ratified this the 24th day of June, 2013.
s/ Daniel J. Forest
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Pat McCrory
Governor
Approved 10:33 a.m. this 3rd day of July, 2013