GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2010-134
SENATE BILL 1136
AN ACT to strengthen the regulation of the towing of vehicles from private lots in certain COUNTIES and cities, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20-219.2 reads as rewritten:
"§ 20-219.2. Removal of unauthorized vehicles from private lots.
(a) It shall be
unlawful for any person other than the owner or lessee of a privately owned or
leased parking space to park a motor or other vehicle in such private parking
space without the express permission of the owner or lessee of such spacespace;
provided, that such if the private parking lot be is clearly
designated as such by a sign no smaller than 24 inches by 24 inches prominently
displayed at the entrance thereto thereto, displaying the name and
phone number of the towing and storage company, and and, if
individually owned or leased, the parking lot or spaces within the
lot be are clearly marked by signs setting forth the name of each
individual lessee or owner; owner. a A vehicle
parked in a privately owned parking space in violation of this section may be
removed from such space upon the written request of the parking space owner or
lessee to a place of storage and the registered owner of such motor vehicle
shall become liable for removal and storage charges. Any person who removes a
vehicle pursuant to this section shall not be held liable for damages for the
removal of the vehicle to the owner, lienholder or other person legally
entitled to the possession of the vehicle removed; however, any person who
intentionally or negligently damages a vehicle in the removal of such vehicle,
or intentionally or negligently inflicts injury upon any person in the removal
of such vehicle, may be held liable for damages.
(a1) If any vehicle is removed pursuant to this section and there is a place of storage within 15 miles, the vehicle shall not be transported for storage more than 15 miles from the place of removal. For all other vehicles, the vehicle shall not be transported for storage more than 25 miles from the place of removal.
(a2) Any person who tows or stores a vehicle subject to this section shall inform the owner in writing at the time of retrieval of the vehicle that the owner has the right to pay the amount of the lien asserted, request immediate possession, and contest the lien for towing charges pursuant to the provisions of G.S. 44A-4.
(a3) Any person who tows or stores a vehicle subject to this section shall not require any person retrieving a vehicle to sign any waiver of rights or other similar document as a condition of the release of the person's vehicle, other than a form acknowledging the release and receipt of the vehicle.
(b) Any person
violating any of the provisions of this section shall be guilty of a Class 3
misdemeanor an infraction and upon conviction shall be only fined
penalized not more than ten dollars ($10.00) one hundred
dollars ($100.00) in the discretion of the court.
(c) This section shall apply only to the Counties of Craven, Cumberland, Dare, Forsyth, Gaston, Guilford, Mecklenburg, New Hanover, Orange, Richmond, Robeson, Wake, Wilson and municipalities in those counties, and to the Cities of Durham, Jacksonville, Charlotte and Fayetteville.
(d) The provisions of this section shall not be interpreted to preempt the authority of any county or municipality to enact ordinances regulating towing from private lots, as authorized by general law."
SECTION 2. This act becomes effective October 1, 2010, and applies to vehicles towed on or after that date.
In the General Assembly read three times and ratified this the 8th day of July, 2010.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 5:20 p.m. this 21st day of July, 2010