Current through Register Vol. 35, No. 6, March 26, 2024
A.
Identification of owner.
(1)
On site. Before a towing
service tows a motor vehicle, it shall request ownership information from the
authorizing law enforcement officer on scene.
(2)
From the storage facility.
If a towing service has not already obtained ownership information on a motor
vehicle, it shall obtain the name and address of the registered owner and any
lienholder of the motor vehicle.
(a) If the
motor vehicle has New Mexico plates, the towing service shall request ownership
information within three business days after the motor vehicle comes into its
possession.
(b) If the motor
vehicle has out-of-state plates or the towing service has other reason to
believe that the motor vehicle is registered in a state other than New Mexico,
the towing service must request the information from the appropriate agency of
that state within three business days after the motor vehicle comes into its
possession.
(3)
Documentation.
(a)
Information requested from the Motor Vehicle Division of any
state. A towing service shall retain in its files a photocopy of MVD
Form 10705, Vehicle or Hull Identification Number Verification, indicating the
date ownership and lienholder information was requested and a copy of any
document received in response.
(b)
Information requested from other sources.
(i)
Electronically. A towing
service shall print out and retain in its files a copy of the ownership and
lienholder information shown on the computer screen, notated with the name of
the person making the request and the date and time the request was
made.
(ii)
By other
means. A towing service shall maintain a record in its files indicating
the name of the person requesting ownership and lienholder information, the
source from which the information was requested, and the date and time the
information was requested, and a copy of any document received from the source
in response.
B.
Notification of owner.
(1) Within two business days of receiving
information identifying the registered owner or any lienholder of the motor
vehicle, the towing service shall notify the registered owner and the
lienholder, if any, that the towing service has the motor vehicle in its
possession.
(2) The towing service
shall use MVD Form 10058, notice of mechanic's or landowners's lien, and shall
mail the notice by certified mail, return receipt requested, to the registered
owner and the lienholder, if any.
(3) This requirement applies even if the VIN
is altered, mutilated, or missing.
C.
Penalty for failure to comply with
this section. A towing service shall not collect any charges or liens
for storage of an unclaimed motor vehicle if it fails to either:
(1) request ownership information within
three business days after a motor vehicle comes into its possession;
or
(2) mail notice to the
registered owner and any lienholder within two business days of receipt of
ownership information.
D.
Exception. A towing service
shall not be required to give the notice required by Subsection B of this
section to the owner if, before the notice is required to be sent, the owner of
the motor vehicle identifies himself to the towing service and makes any
arrangement the towing service deems necessary for the payment of the towing
and storage charges. However, the towing service shall still be required to
give the notice to the lienholder of the motor vehicle.
