Bill Summary for H 308 (2017-2018)

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Summary date: 

Apr 11 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

House committee substitute makes the following changes to the 1st edition.

Amends proposed subsection (c) of GS 20-313, clarifying that at the time the owner of a motor vehicle is charged (previously, at the time the person is charged) with a violation of subsection (a), the charging law enforcement officer must have the motor vehicle (previously, the vehicle driven by the person) towed and stored. Modifies the conditions under which a person in custody of a motor vehicle must release the vehicle to its owner, to now provide for release when: (1) the owner presents proof of the required financial responsibility covering the motor vehicle for a period of at least six months to the charging law enforcement agency or the prosecuting district attorney (previously, did not include the prosecuting district attorney in the alternative), with the charging law enforcement agency or prosecuting district attorney presenting the owner with documentation acknowledging that the owner has complied with the requirement and (2) the owner submits to the person in custody of the motor vehicle (a) the documentation provided by the charging law enforcement agency or prosecuting district attorney and (b) payment of any towing and storage fees (previously, payment in full of any towing and storage costs).

Adds two new subsections to GS 20-213.

New subsection (d) requires the charging law enforcement officer to contact the Division of Motor Vehicles (DMV) within one regular business day after the motor vehicle is towed and stored to obtain the name and address of any lienholder who has perfected a security interest in the motor vehicle. Requires the DMV to provide the requested information to the charging law enforcement agency within one regular business day. Directs the charging law enforcement officer to then notify any lienholders by first-class mail of the name and address of where the motor vehicle is being stored. Requires the notification to the lienholder to be sent as soon as practical but not later than 24 hours after receipt of the information from the DMV. Upon presentation of the title, requires a person in custody of a vehicle to allow a lienholder access to the vehicle without delay during business hours. Allows a lienholder to take possession of the vehicle after paying towing and storage fees.

New subsection (f) authorizes an owner of a motor vehicle to file a petition with the clerk of superior court seeking a pretrial release of the motor vehicle. Directs the clerk to consider the petition and make a determination as soon as feasible. 

Makes conforming organizational changes. Makes clarifying changes to proposed subsection (d) (now subsection (e)) to refer to the motor vehicle instead of the vehicle. Additionally, provides that the person in custody of the motor vehicle has a lien (previously, specified the lien to be a mechanics' lien) if the owner of the motor vehicle towed and stored pursuant to subsection (c) does not obtain release of the motor vehicle within 90 days from the date the motor vehicle was towed and stored, or a lienholder has not recovered possession of the motor vehicle within the same period of time (previously, did not provide for a lienholder recovering possession before the custodian obtains a lien on the motor vehicle). Makes clarifying change to proposed subsection (e) (now subsection (g)) to refer to the motor vehicle.