Current through September 18, 2024
A. Notification of
Registered Owner. A certificated tower removing an abandoned or unattended
vehicle shall notify within seven (7) days thereof, by registered mail, return
receipt requested, the last known registered owner of the vehicle, at the
address shown in the records of the appropriate registry in the state in which
the vehicle is registered, that the vehicle has been taken into custody. The
certificated tower coming into possession of a vehicle in any lawful manner
shall have a possessory lien on the vehicle and registration plates, so long as
it retains possession, if it has fully complied with all notice requirements.
If the certificated tower fails to notify the registered owner within seven (7)
days as required by this subparagraph, the certificated tower may not charge
the registered owner any fees for storing the vehicle that may accrue between
the time the registered owner was required to be notified and the time the
certificated tower actually effects such notification.
B. Notification of All Known Lienholders of
Record. A certificated tower removing an abandoned or unattended vehicle shall
notify within fourteen (14) days thereof, by registered mail, return receipt
requested, all known lienholders of record of the vehicle, at the address shown
in the records of the appropriate registry in the state in which the vehicle is
registered, that the vehicle has been taken into custody. The certificated
tower coming into possession of a vehicle in any lawful manner shall have a
possessory lien on the vehicle and registration plates, so long as it retains
possession, if it has fully complied with all notice requirements. If the
certificated tower fails to notify the all known lienholders of record within
fourteen (14) days as required by this subparagraph, the certificated tower may
not charge any known lienholder of record who was not notified any fees for
storing the vehicle that may accrue between the time all known lienholders of
record were required to be notified and the time the certificated tower
actually effects such notification of that lienholder.
C. Notification When Identity of a Registered
Owner or Lienholder Cannot be Determined. If the identity of the last
registered owner cannot be determined from the records of the appropriate
registry in the state in which the vehicle is registered or by searching the
vehicle, or if the registration contains no address for the ownership, or if it
is impossible to determine with reasonable certainty the identity and addresses
of all lienholders, notice by publication in one newspaper of general
circulation in the area where the vehicle was abandoned or left unattended
shall be sufficient to meet all requirements of notice pursuant to this Part. A
notice by publication may contain multiple listings of abandoned or unattended
vehicles. Any notice by publication shall be within the save time requirements
prescribed above for notice by registered mail and shall have the same contents
required for a notice by registered mail.
D. Contents and Form of Notice. The notice
shall be substantially in the form set out below, and shall describe:
1. The year, make model and serial (VIN)
number of the vehicle.
2. The name,
address and telephone number of the certificated tower.
3. That the vehicle is in the possession of
that certificated tower.
4. That
recovery, towing, and storage charges are accruing as a legal liability of the
registered and/or legal owner.
5.
That the certificated tower claims a possessory lien for all recovery, towing,
and storage charges.
6. That the
registered and/or legal owner may retake possession at any time during business
hours by appearing, proving ownership, and paying all charges due the
certificate tower pursuant to its published tariff.
7. That should the registered and/or legal
owner consider that the original taking was improper or not legally justified,
he or she has a right to file an administrative complaint pursuant to RI Gen.
Laws § 39-12 to contest the original taking.
8. That if no claim is filed and the vehicle
is not claimed and possession retaken or arranged for within thirty (30) days
of the mailing of the notice, the lien will be foreclosed and the vehicle will
be sold at public auction.
9. That
the proceeds of the sale shall be first applied to recovery, towing and storage
charges, with any excess proceeds being deposited as provided in accordance
with R.I. Gen. Laws §
39-12.1-9(d)(3).
10. That any recovery, towing, and storage
charges in excess of the sale proceeds shall remain as a civil obligation of
the registered and/or legal owner.
11. The Form of the Notice must be the same,
or substantially similar to examples made available by the Motor Carriers
Section of the Division and may be downloaded at:
http://www.ripuc.ri.gov/rulesregs/divrules/1.113.E.pdf1.13.1
Notification
Requirements for Certificated Towing Companies - Private Trespass Towing
A. The owner or person in control of any
parcel of property may cause to be removed from the property a vehicle which is
trespassing upon the property without the consent of the owner or person in
control of that vehicle by retaining in writing a certificated tower to remove
the trespassing vehicle to the certificated tower's private impoundment lot.
This procedure may be undertaken and accomplished without the need to resort to
judicial process provided:
1. The impoundment
lot shall be within ten (10) miles of the point of removal;
2. The lot shall be open for business to
release the vehicle the same hours it is open to receive the vehicle;
and,
3. There shall be posted on
the outside of the office of the lot the business hours.
B. All charges for recovery, towing, and
storage shall be in accordance with the certificated tower's published tariff
and shall be borne by the last registered and/or legal owner of the vehicle for
which charges the certificated tower shall have a possessory lien as set forth
in §
1.13 of this Part and R.I. Gen Laws § 39-12. However, should the
last registered and/or legal owner prove through judicial process that the
vehicle was not in fact trespassing on the property of the owner or person in
control, the charges shall be borne by the owner or person in control of the
property who ordered the towing, removal, relocation and storage. The last
registered and/or legal owner shall as a prerequisite to any procedure to
recover the charges from the owner or person in control of the property, pay in
full all charges assessed due the certificated tower in accordance with its
published tariff.
C. A certificated
tower shall remove vehicles from private property at the direction of the owner
or person in control thereof only upon receiving the direction in writing and
notice shall be kept in the records of the certificated tower and which writing
shall be a complete defense to any civil and criminal charges resulting from
the removal of the vehicle. Notification of the registered and/or legal owner,
as well as all known lienholders of record, shall be made by the certificated
tower in accordance with the provisions of §
1.13 of this Part.
1.13.2
Immediate Release of
Pets or other Personal Items from Towed Automobiles
A. Whenever a vehicle that contains an animal
is towed by a certificated towing company, said towing company shall notify
either the local animal control officer or the Police Department within the
particular city or town from which the vehicle was towed.
1. This notification shall be accomplished
immediately upon towing of the vehicle.
2. In the event the owner of the vehicle, or
the individual in control of the vehicle, is present at the time of the tow,
the towing company shall release the animal immediately regardless of whether
towing charges have been paid.
B. Whenever a vehicle that contains personal
items is towed by a certificated towing company, said towing company shall
release those personal items to the owner of the vehicle, or to the individual
in control of the vehicle, immediately upon request, regardless of whether the
towing charges have been paid. R.I. Gen. Laws §
39-12.1-6 affords the certificated
tower a possessory lien only on the vehicle itself and the registration plates
of the vehicle.
