§ 42-4-1806 — Liens upon towed motor vehicles

(1) Whenever an operator who
is registered with the department in accordance with subsection (2) of this section
recovers, removes, or stores a motor vehicle upon instructions from any duly
authorized law enforcement agency or peace officer who has determined that such
motor vehicle is an abandoned motor vehicle, such operator shall have a possessory
lien, subject to the provisions of section 42-4-1804 (6), upon such motor vehicle and
its attached accessories or equipment for all fees for recovering, towing, and
storage as authorized in section 42-4-1809 (2)(a). Such lien shall be a first and prior
lien on the motor vehicle, and such lien shall be satisfied before all other charges
against such motor vehicle.

(2) (a) No operator shall have a possessory lien upon a motor vehicle
described in subsection (1) of this section unless said operator is registered with the
department. Such registration shall include the following information:

(I) The location of the operator's tow business;

(II) The hours of operation of the operator's tow business;

(III) The location of the impound lot where vehicles may be claimed by the
owner of record; and

(IV) Any information relating to a violation of any provision contained in this
part 18 or of any other state law or rule relating to the operation, theft, or transfer
of motor vehicles.

(b) The executive director of the department may cancel the registration of
any operator if an administrative law judge finds, after affording the operator due
notice and an opportunity to be heard, that the operator has violated any of the
provisions set forth in this part 18.

Legislative History

Source: L. 2002: Entire part amended with relocations, p. 473, � 1, effective July 1.