House committee substitute makes the following changes to the 2nd edition:
Amends GS 20-313, providing that a law enforcement officer charging a motor vehicle owner under this statute shall have the motor vehicle towed and stored using the law enforcement agency's current rotation system and regulations pertaining to towing and storage. Deletes the provision delaying the lien of the person in custody of the vehicle towed and stored under this statute by 90 days. Amends the provision authorizing release of a motor vehicle to restrict release to an innocent owner who has not had a lapse in financial responsibility. Provides for determination by the clerk of superior court that a petitioner has not had a lapse in financial responsibility, including notice and scheduling requirements.
Deletes amendment to GS 44A-2(d).
Bill Summaries: H308 (2017-2018 Session)
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Bill H 308 (2017-2018)Summary date: Apr 25 2017 - View summary
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Bill H 308 (2017-2018)Summary date: Apr 11 2017 - View 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.
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Bill H 308 (2017-2018)Summary date: Mar 9 2017 - View 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.