Bill Summary for H 341 (2017-2018)

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Summary date: 

Mar 14 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 341 (Public) Filed Tuesday, March 14, 2017
AN ACT TO REQUIRE THE TOWING AND STORAGE OF A MOTOR VEHICLE BEING OPERATED BY A DRIVER CHARGED WITH AN UNLICENSED DRIVER VIOLATION.
Intro. by Cleveland, Clampitt, Collins, Millis.

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Bill summary

Enacts new GS 20­35.1 (Towing and storage of vehicle for unlicensed driving). Directs a law enforcement officer to have the vehicle of a person charged with an unlicensed driver violation towed and stored at the time of charging, unless the person charged can contact a licensed driver while the charging law enforcement officer is present and the licensed driver can pick up the vehicle no later than one hour from the time they are contacted. The person in custody of a towed vehicle under this statute may charge a storage fee not to exceed $10 per calendar day. Directs a person in custody of a vehicle towed under this statute to release the vehicle to its owner when the owner presents to the charging law enforcement agency either a valid driver's license and an unlicensed driver acknowledgement (a written document acknowledging that the vehicle was operated by a person charged with an unlicensed driver violation and that the owner has taken all reasonable precautions to prevent the use of the vehicle by the charged person and will report unauthorized use to the appropriate law enforcement agency), and presents to the person in custody of the vehicle documentation provided by the charging law enforcement agency and payment in full of towing and storage costs. Provides the person in custody of a vehicle towed under this statute with a mechanic's lien on the vehicle for the full amount of the towing and storage costs if the owner does not obtain release of the vehicle within 90 days of the date the vehicle was towed and stored, and authorizes the person in custody to dispose of the vehicle pursuant to GS Chapter 44A, Article 1. Does not prevent or supercede the seizure of the vehicle under a law requiring the seizure of the vehicle.

Amends GS 44A­2(d) to make a conforming change.

Applies to charges filed on or before December 1, 2017.