(a) Subject to subsection (b) of this section, if a vehicle is towed or otherwise removed from a parking lot, the person in possession of the vehicle:
(1) Shall immediately deliver the vehicle directly to the storage facility stated on the signs posted in accordance with § 21-10A-02 of this subtitle;
(2) May not move the towed vehicle from that storage facility to another storage facility for at least 72 hours; and
(3) Shall provide the owner of the vehicle or the owner's agent immediate and continuous opportunity, at a minimum from 6 a.m. to midnight, 7 days per week, from the time the vehicle was received at the storage facility, to retake possession of the vehicle.
Release of vehicle to owner or agent
(b) Before a vehicle is removed from a parking lot, a tower who possesses the vehicle shall release the vehicle to the owner or an agent of the owner:
(1) If the owner or agent requests that the tower release the vehicle;
(2) If the vehicle can be driven under its own power;
(3) Whether or not the vehicle has been lifted off the ground; and
(4) If the owner or agent pays a drop fee to the tower in an amount not exceeding 50% of the cost of a full tow.
Duties of storage facilities in possession of towed vehicles
(c)(1) Subject to paragraph (2) of this subsection, a storage facility that is in possession of a towed vehicle shall:
(i) Accept payment for outstanding towing, recovery, or storage charges by cash or at least two major, nationally recognized credit cards; and
(ii) If the storage facility accepts only cash, have an operable automatic teller machine available on the premises.
(2)(i) Except as provided in subparagraph (ii) of this paragraph, if a storage facility is unable to process a credit card payment and does not have an operable automatic teller machine on the premises, the storage facility shall accept a personal check as payment for outstanding towing, recovery, and storage charges.
(ii) A storage facility may refuse to accept a personal check as payment if it is unable to process a credit card for the payment because use of the credit card has been declined by the credit card company.
(3) A storage facility that is in possession of a towed vehicle shall make the vehicle available to the owner, the owner's agent, the insurer of record, or a secured party, under the supervision of the storage facility, for:
(i) Inspection; or
(ii) Retrieval from the vehicle of personal property that is not attached to the vehicle.
Credits
Added by Acts 1989, c. 462, § 1, eff. July 1, 1989. Amended by Acts 2012, c. 228, § 1, eff. Oct. 1, 2012; Acts 2017, c. 55, § 1, eff. Oct. 1, 2017; Acts 2023, c. 803, § 1, eff. Oct. 1, 2023.
MD Code, Transportation, § 21-10A-05, MD TRANS § 21-10A-05
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
