Rhode Island Code of Regulations › Title 815 - Division of Public Utilities and Carriers › Chapter 50 - Common Carriers › Subchapter 05 - Motor Carriers of Property › Part 1 - Transportation Provided by Motor Carriers of Property (815-RICR-50-05-1) › Section 815-RICR-50-05-1.13 - Notification Requirement for Certificated Towing Companies - Police Department Ordered Tows

Current through June 14, 2024
A. Notification of
				  Registered Owner. A certificated tower removing an abandoned or unattended
				  vehicle shall notify within seven (7) days thereof, by registered mail, return
				  receipt requested, the last known registered owner of the vehicle, at the
				  address shown in the records of the appropriate registry in the state in which
				  the vehicle is registered, that the vehicle has been taken into custody. The
				  certificated tower coming into possession of a vehicle in any lawful manner
				  shall have a possessory lien on the vehicle and registration plates, so long as
				  it retains possession, if it has fully complied with all notice requirements.
				  If the certificated tower fails to notify the registered owner within seven (7)
				  days as required by this subparagraph, the certificated tower may not charge
				  the registered owner any fees for storing the vehicle that may accrue between
				  the time the registered owner was required to be notified and the time the
				  certificated tower actually effects such notification.
B. Notification of All Known Lienholders of
				  Record. A certificated tower removing an abandoned or unattended vehicle shall
				  notify within fourteen (14) days thereof, by registered mail, return receipt
				  requested, all known lienholders of record of the vehicle, at the address shown
				  in the records of the appropriate registry in the state in which the vehicle is
				  registered, that the vehicle has been taken into custody. The certificated
				  tower coming into possession of a vehicle in any lawful manner shall have a
				  possessory lien on the vehicle and registration plates, so long as it retains
				  possession, if it has fully complied with all notice requirements. If the
				  certificated tower fails to notify the all known lienholders of record within
				  fourteen (14) days as required by this subparagraph, the certificated tower may
				  not charge any known lienholder of record who was not notified any fees for
				  storing the vehicle that may accrue between the time all known lienholders of
				  record were required to be notified and the time the certificated tower
				  actually effects such notification of that lienholder.
C. Notification When Identity of a Registered
				  Owner or Lienholder Cannot be Determined. If the identity of the last
				  registered owner cannot be determined from the records of the appropriate
				  registry in the state in which the vehicle is registered or by searching the
				  vehicle, or if the registration contains no address for the ownership, or if it
				  is impossible to determine with reasonable certainty the identity and addresses
				  of all lienholders, notice by publication in one newspaper of general
				  circulation in the area where the vehicle was abandoned or left unattended
				  shall be sufficient to meet all requirements of notice pursuant to this Part. A
				  notice by publication may contain multiple listings of abandoned or unattended
				  vehicles. Any notice by publication shall be within the save time requirements
				  prescribed above for notice by registered mail and shall have the same contents
				  required for a notice by registered mail.
D. Contents and Form of Notice. The notice
				  shall be substantially in the form set out below, and shall describe:
1. The year, make model and serial (VIN)
				  number of the vehicle.
2. The name,
				  address and telephone number of the certificated tower.
3. That the vehicle is in the possession of
				  that certificated tower.
4. That
				  recovery, towing, and storage charges are accruing as a legal liability of the
				  registered and/or legal owner.
5.
				  That the certificated tower claims a possessory lien for all recovery, towing,
				  and storage charges.
6. That the
				  registered and/or legal owner may retake possession at any time during business
				  hours by appearing, proving ownership, and paying all charges due the
				  certificate tower pursuant to its published tariff.
7. That should the registered and/or legal
				  owner consider that the original taking was improper or not legally justified,
				  he or she has a right to file an administrative complaint pursuant to RI Gen.
				  Laws § 39-12 to contest the original taking.
8. That if no claim is filed and the vehicle
				  is not claimed and possession retaken or arranged for within thirty (30) days
				  of the mailing of the notice, the lien will be foreclosed and the vehicle will
				  be sold at public auction.
9. That
				  the proceeds of the sale shall be first applied to recovery, towing and storage
				  charges, with any excess proceeds being deposited as provided in accordance
				  with R.I. Gen. Laws §
											39-12.1-9(d)(3).
10. That any recovery, towing, and storage
				  charges in excess of the sale proceeds shall remain as a civil obligation of
				  the registered and/or legal owner.
11. The Form of the Notice must be the same,
				  or substantially similar to examples made available by the Motor Carriers
				  Section of the Division and may be downloaded at:
http://www.ripuc.ri.gov/rulesregs/divrules/1.113.E.pdf