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Statutes Text

Article - Transportation




§21–10A–05.

    (a)    Subject to subsection (b) of this section, if a vehicle is towed or otherwise removed from a parking lot, the person in possession of the vehicle:

        (1)    Shall immediately deliver the vehicle directly to the storage facility stated on the signs posted in accordance with § 21–10A–02 of this subtitle;

        (2)    May not move the towed vehicle from that storage facility to another storage facility for at least 72 hours; and

        (3)    Shall provide the owner of the vehicle or the owner’s agent immediate and continuous opportunity, 24 hours per day, 7 days per week, from the time the vehicle was received at the storage facility, to retake possession of the vehicle.

    (b)    Before a vehicle is removed from a parking lot, a tower who possesses the vehicle shall release the vehicle to the owner or an agent of the owner:

        (1)    If the owner or agent requests that the tower release the vehicle;

        (2)    If the vehicle can be driven under its own power;

        (3)    Whether or not the vehicle has been lifted off the ground; and

        (4)    If the owner or agent pays a drop fee to the tower in an amount not exceeding 50% of the cost of a full tow.

    (c)    (1)    Subject to paragraph (2) of this subsection, a storage facility that is in possession of a towed vehicle shall:

            (i)    Accept payment for outstanding towing, recovery, or storage charges by cash or at least two major, nationally recognized credit cards; and

            (ii)    If the storage facility accepts only cash, have an operable automatic teller machine available on the premises.

        (2)    (i)    Except as provided in subparagraph (ii) of this paragraph, if a storage facility is unable to process a credit card payment and does not have an operable automatic teller machine on the premises, the storage facility shall accept a personal check as payment for outstanding towing, recovery, and storage charges.

            (ii)    A storage facility may refuse to accept a personal check as payment if it is unable to process a credit card for the payment because use of the credit card has been declined by the credit card company.

        (3)    A storage facility that is in possession of a towed vehicle shall make the vehicle available to the owner, the owner’s agent, the insurer of record, or a secured party, under the supervision of the storage facility, for:

            (i)    Inspection; or

            (ii)    Retrieval from the vehicle of personal property that is not attached to the vehicle.



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