§ 39-10-48 — Officer authorized to remove illegally stopped vehicle

1. If a police officer finds a vehicle standing upon a highway in violation of section
39-10-47, the officer may remove the vehicle or require the driver or other person in
charge of the vehicle to move the vehicle to a position off the paved or main-traveled
part of the highway to a place where the vehicle does not block the highway or
otherwise endanger public safety.

2. If a police officer finds a vehicle unattended upon any highway and the vehicle may
obstruct traffic or otherwise endanger public safety, the officer may have the vehicle
moved to a location where it may be securely held.
3. A police officer may remove or cause to be removed any vehicle found upon a highway
and move the vehicle to any location where the vehicle may be securely held if:
a. A report has been made the vehicle has been stolen or taken without the consent
of its owner;
b. The owner or driver of the vehicle is unable to provide for its custody or removal;
or
c. The individual driving or in control of the vehicle is arrested for an offense and
taken into custody and another individual is not available to lawfully operate the
vehicle.
4. If a police officer finds a vehicle standing, stopped, or parked in a dangerous location
or in violation of any official traffic-control device prohibiting or restricting the stopping,
standing, or parking of any vehicle on state property, the officer shall place a written
warning on the vehicle for the first offense and issue a traffic citation for a subsequent
violation. However, a traffic citation may not be issued for a violation of this subsection
occurring on the state capitol grounds during a legislative session.
5. A police officer and the police officer's employing agency, the department of
transportation or an employee of the department of transportation, or a political
subdivision or employee of a political subdivision authorized by a police officer is not
liable in civil damages for loss or damage to any vehicle removed from a highway or
state property under this section, so long as reasonable care is used in the removal
process.
6. The decision and method used to remove a vehicle or any personal property, or cause
a vehicle or any personal property to be removed, is a discretionary decision under
this section. In the event of a public necessity, a police officer, an employee of the
department of transportation, or an employee of a political subdivision authorized by a
police officer may take an action that may damage a vehicle or property removed
under this section.