KRS § 376.275 — KY Code / Title XXXI / Chapter 376 / Section 376.275
376.275 Lien on motor vehicles and contents for reasonable and applicable charges under KRS 281.920 to 281.936 -- Forfeiture and sale of contents -- Exempted contents -- Limitation of storage or towing company's liability
Status: in_force

376.275 Lien on motor vehicles and contents for reasonable and applicable charges

under KRS 281.920 to 281.936 -- Forfeiture and sale of contents -- Exempted

contents -- Limitation of storage or towing company's liability.

(1) (a) Any person engaged in the business of storing or towing motor vehicles, who

has complied with the notification requirements of KRS 281.928, shall have a

lien on the motor vehicle and its contents, except as set forth in subsection (2)

of this section, for the applicable and reasonable charges assessed in

accordance with KRS 281.926 and 281.932, as long as it remains in his or her

possession.

(b) If, after a period of forty-five (45) days, the applicable and reasonable charges

assessed in accordance with KRS 281.926 and 281.932 have not been paid,

the motor vehicle and its contents, except as set forth in subsection (2) of this

section, may be sold to pay the charges after the owner and any lienholder

have been notified by certified mail at the addresses specified in KRS

281.928(1), ten (10) days prior to the time and place of the sale. If the

proceeds of the sale of any vehicle pursuant to this section are insufficient to

satisfy accrued charges, the sale and collection of proceeds shall not constitute

a waiver or release of responsibility for payment of unpaid charges by the

owner or responsible casualty insurer of the vehicle. A lien on a vehicle under

this subsection shall be subject to prior recorded liens, unless released by any

existing lienholder pursuant to paragraph (c) of this subsection.

(c) 1. A lienholder having a prior recorded lien listed on the title issued by the

Commonwealth of Kentucky shall be notified by certified mail within

the first ten (10) days of impoundment in accordance with KRS

281.928.

2. The notification, in addition to the requirements of KRS 281.928, shall

include the make, model, license number, vehicle identification number,

owner's name and last known address, and tentative date of sale for the

vehicle, and state that the towing company or storage facility seeks to

obtain a new title free and clear of any liens, excluding tax liens.

3. If the certified letter required under this paragraph is not sent within the

ten (10) days by the towing and storage company, then only ten (10)

days of storage may be charged.

4. The lienholder has the right to take possession of the motor vehicle after

showing proof of lien still enforced, and paying the reasonable or agreed

towing and storage charges on the motor vehicle.

5. If a lienholder does not exercise the right to take possession of the motor

vehicle under this paragraph within forty-five (45) days of notification,

the towing company or storage facility may obtain a new title under

KRS 186A.145 free and clear of any liens, excluding tax liens.

6. Nothing in this section shall allow the transfer of a vehicle subject to a

lien, except as provided in KRS 186A.190 or in subparagraph 5. of this

paragraph.

(d) If there are no lienholders required to be notified under KRS 281.920 to

281.936 and 359.230 and this section, and the owner does not exercise the

right to take possession of the motor vehicle under this section within forty-

five (45) days of notification required under KRS 281.928, the towing

company or storage facility may obtain a new title under KRS 186A.145 free

and clear of any liens, excluding tax liens.

(2) Subsection (1) of this section shall not apply to the following contents of a motor

vehicle, which shall be released to the vehicle owner or the owner's designated

agent upon request, if the request is made within forty-five (45) days of the date the

vehicle was towed:

(a) Prescription medication in its proper container;

(b) Personal medical supplies and equipment or records;

(c) Educational materials, including but not limited to calculators, books, papers,

and school supplies;

(d) Documents, files, electronic devices, or equipment which may be able to store

personal information or information relating to a person's employment or

business;

(e) Firearms and ammunition. Notwithstanding the provisions of subsection (3) of

this section, firearms and ammunition which are not claimed by the owner of

the vehicle within forty-five (45) days of the date the vehicle was towed shall

be transferred to the Department of Kentucky State Police for disposition as

provided by KRS 16.220;

(f) Cargo in the possession of persons engaged in transportation in interstate

commerce as registered under KRS 186.020;

(g) Cargo in the possession of an integrated intermodal small package carrier as

defined by KRS 281.605(12);

(h) Child restraint systems or child booster seats; and

(i) Checks, checkbooks, debit or credit cards, money orders, stocks, or bonds.

(3) Except as provided in subsection (2)(e) of this section, any contents exempted

under subsection (2)(c), (d), (f), and (g) of this section that are not claimed by the

owner of the vehicle within forty-five (45) days of the date the vehicle was towed

may be sold or otherwise legally disposed of by the storage or towing company.

Any contents exempted under subsection (2)(a), (b), (h), and (i) of this section that

are not claimed by the owner of the vehicle within forty-five (45) days of the date

the vehicle was towed shall not be sold, but shall be otherwise legally disposed of

by the storage or towing company.

(4) The storage or towing company shall not be responsible for contents in a vehicle's

trunk or other locked compartment to which the storage or towing company is

without access, unless the towing company intentionally opens the area without the

owner's consent.

(5) This section shall not apply when a local government causes a vehicle to be towed

pursuant to KRS 82.605 to 82.640 or if state government causes a vehicle to be

towed.