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§ 16A-101. Police-initiated towing

West's Annotated Code of MarylandCommercial LawEffective: January 1, 2024

West's Annotated Code of Maryland
Commercial Law
Title 16a. Police-Initiated Towing Services (Refs & Annos)
Effective: January 1, 2024
MD Code, Commercial Law, § 16A-101
§ 16A-101. Police-initiated towing
Currentness
Definitions
(a)(1) In this title the following words have the meanings indicated.
(2) “Authorized tow company” has the meaning stated in § 2-314 of the Public Safety Article.
(3) “Heavy-duty towing” has the meaning stated in § 2-314 of the Public Safety Article.
(4) “Medium-duty towing” has the meaning stated in § 2-314 of the Public Safety Article.
(5) “Police-initiated towing” has the meaning stated in § 2-314 of the Public Safety Article.
(6) “Tow list” has the meaning stated in § 2-314 of the Public Safety Article.
Application of other laws
(b)(1) Title 16 of this article does not apply to police-initiated towing services by an authorized tow company.
(2) Police-initiated towing does not create a lien or security interest for the authorized tow company in any equipment, vehicle, or cargo.
Access to vehicles
(c) An authorized tow company shall provide a vehicle owner or operator or the owner's designee with reasonable access to a vehicle that is the subject of a police-initiated towing so that the vehicle owner or operator or the owner's designee may access and collect any personal property or cargo contained in the vehicle, regardless of whether any payment has been made for the authorized tow company's services.
Payment; disputes
(d)(1) If there is no dispute as to the fees assessed by the authorized tow company for the police-initiated towing of a vehicle:
(i) The vehicle owner or operator or the owner's designee shall pay the authorized tow company's invoice; and
(ii) The authorized tow company shall release a vehicle and any cargo that was the subject of a police-initiated towing immediately.
(2) If there is a genuine dispute as to the reasonableness or amount of the fees assessed by an authorized tow company the authorized tow company shall release the cargo immediately to the owner or the owner's authorized agent in accordance with this subsection on submission of:
(i) Proof of ownership if the cargo does not belong to the transportation company; or
(ii) If the cargo belongs to the transportation company:
1. A letter from the insurance company stating there is coverage for the relevant claim or accident and including, at minimum, a claim number, policy number, and policy limit; or
2. If an insurance policy required under item 2 of this item is not high enough to cover the cost of the cargo clean-up, a signed letter of guarantee from the transportation company.

Credits

Added by Acts 2022, c. 575, § 1, eff. Oct. 1, 2022. Amended by Acts 2023, c. 669, § 2, eff. July 1, 2023; Acts 2023, c. 669, § 3.
MD Code, Commercial Law, § 16A-101, MD COML § 16A-101
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.
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