Bill Text: NC H365 | 2017-2018 | Regular Session | Amended
Bill Title: Towing MVs With Handicapped Placard/Plate
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2017-03-16 - Ref to the Com on Regulatory Reform, if favorable, Transportation, if favorable, Judiciary III [H365 Detail]
Download: North_Carolina-2017-H365-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 1
HOUSE BILL 365
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Short Title: Towing MVs With Handicapped Placard/Plate. |
(Public) |
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Sponsors: |
Representative Insko. For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
Regulatory Reform, if favorable, Transportation, if favorable, Judiciary III |
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March 16, 2017
A BILL TO BE ENTITLED
AN ACT to prohibit towing from a shopping center or mall parking lot of illegally parked motor vehicles displaying a handicapped placard or plate until certain conditions have been met.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20‑219.2 reads as rewritten:
"§ 20‑219.2. Removal of unauthorized vehicles from private lots.
(a) It shall be unlawful for
any person other than the owner or lessee of a privately owned or leased
parking space to park a motor or other vehicle in such the private
parking space without the express permission of the owner or lessee of such the
space if the private parking lot is clearly designated as such private
by legible signs no smaller than 24 inches by 24 inches prominently
displayed at all entrances thereto, displaying the current name and current
phone number of the towing and storage company, and, if individually owned or
leased, the parking lot or spaces within the lot are clearly marked by signs
setting forth the name of each individual lessee or owner. A Except
as otherwise provided in subsection (a4) of this section, a vehicle parked
in a privately owned parking space in violation of this section may be removed
from such the space upon the written request of the parking space
owner or lessee to a place of storage and the registered owner of such the
motor vehicle shall become liable for removal and storage charges. Any
person who removes a vehicle pursuant to this section shall not be held liable
for damages for the removal of the vehicle to the owner, lienholder or other
person legally entitled to the possession of the vehicle removed; however, any
person who intentionally or negligently damages a vehicle in the removal of such
the vehicle, or intentionally or negligently inflicts injury upon
any person in the removal of such the vehicle, may be held liable
for damages. The provisions of this section shall not apply until 72 hours
after the required signs are posted.
...
(a4) A vehicle displaying a handicapped plate or placard in accordance with G.S. 20‑37.6 or G.S. 20‑37.6A and parked in a shopping center or mall parking space in violation of subsection (a) of this section shall not be removed from the space unless either of the following applies:
(1) At least three hours have passed from the time the vehicle is discovered by the owner or lessee of the parking spot, or the owner's employee or authorized agent, to be parked in violation of subsection (a) of this section.
(2) The vehicle is impeding the flow of traffic or otherwise jeopardizing the public welfare so that immediate towing is necessary.
...."
SECTION 2. This act becomes effective October 1, 2017, and applies to vehicles subject to towing on or after that date.
