Bill Summary for H 308 (2017-2018)

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Summary date: 

Mar 9 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 308 (Public) Filed Thursday, March 9, 2017
AN ACT TO REQUIRE THE TOWING AND STORAGE OF A VEHICLE BEING OPERATED BY A DRIVER WHO IS CHARGED WITH FAILING TO MAINTAIN FINANCIAL RESPONSIBILITY.
Intro. by Cleveland, Clampitt, Collins, Millis.

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Bill summary

Amends GS 20-313, which makes it a Class 3 misdemeanor for an owner to operate or permit the operation of a motor vehicle without the required financial responsibility, to require the charging law enforcement officer to have the vehicle driven by the person charged with a violation towed and stored. Authorizes a person in custody of a vehicle towed and stored pursuant to this provision to charge a reasonable fee not to exceed $10 per day. Requires a person in custody of a vehicle towed and stored to release the vehicle to its owner when (1) the owner presents proof to the charging law enforcement agency of financial responsibility required by Article 13 of GS Chapter 20 covering the vehicle for a period of at least six months and the owner receives the charging law enforcement agency's acknowledgment of the owner's compliance and (2) the owner submits to the person in custody of the vehicle the charging law enforcement agency's document acknowledging compliance along with payment in full of any towing and storage costs. 

Establishes that the person in custody of the vehicles has a mechanic's lien on the vehicle for the full amount of towing and storage, and can dispose of the vehicle pursuant to Article 1 of GS Chapter 44A (Possessory liens on personal property) if the owner of a vehicle towed and stored pursuant to the statute's new provisions does not obtain release of the vehicle within 90 days from the date the vehicle was towed and stored. 

Clarifies that the statute does not alter or supersede other law requiring the seizure of a vehicle when a person is charged with a violation of law arising out of the same transaction requiring seizure of the vehicle under this statute.

Makes organizational and clarifying changes. Makes conforming changes to GS 44A-2(d).

Effective December 1, 2017, and applies to charges filed on or after that date.