GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 1340
     

 
Short Title:	Post Towing Procedures.	()	
Sponsors:	Representative Mitchell.	
Referred to:	Judiciary II.	
April 12, 2001

A BILL TO BE ENTITLED
AN ACT TO PROVIDE EXPEDITED POST TOWING PROCEDURES WHEN VEHICLES ARE REMOVED From PRIVATE PROPERTY.

The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20-219.4. Removal of unauthorized vehicles from private property.
(a)	No motor vehicle shall be left for more than 48 hours upon the premises of any private property without the consent of the owner or lessee of the private property.
(b)	If the vehicle has a current North Carolina registration plate or registration, the registered owner of any motor vehicle left unattended upon the premises of a private property in violation of subsection (a) of this section shall be given notice within 24 hours by the owner or lessee of the private property or the person towing the vehicle from the private property upon the written request of the owner or lessee. If the vehicle does not have a current North Carolina registration plate or registration, notice shall be sent to the last known address of the owner of the vehicle in the records of the Division. If the vehicle is not registered in this State, but has a current registration from another State, the vehicle registration officials of that state shall be contacted and notice shall be given within 72 hours. Notice shall be given by telephone whenever feasible. The notice given shall be by certified mail return receipt requested addressed to the registered owner of the motor vehicle.
(c)	The owner of the property or the tower may take the actions set forth in subsection (d) of this section upon the expiration of three days from any of the following:
(1)	Receiving the return of the receipt showing that the addressee received the notice and no further action was taken by the addressee.
(2)	Refusal of the addressee to accept the mailed notice.
(3)	Receiving the return receipt showing that the current address on file with the Division or the vehicle registration agency of another state is a false address.
(d)	After receiving any of the information set forth in subsection (c) of this section, the vehicle may be removed from the private property, or if the vehicle has already been towed to a place of storage, the registered owner of the vehicle shall become liable for the reasonable removal and storage charges and the vehicle subject to the storage lien created by G.S. 44A-1, et seq. In the alternative, the property owner or lessee or the tower may charge for storage, assert a lien, and dispose of the vehicle by public or private sale."
SECTION 2.  This act becomes effective October 1, 2001.