28-3512

28-3512. Release of vehicle; civil penalties;
definition

A. An immobilizing or impounding agency shall release a vehicle to the registered
owner before the end of the thirty day immobilization or impoundment period under any of
the following circumstances:

1. If the vehicle is a stolen vehicle.

2. If the vehicle is subject to bailment and is driven by an employee of a business
establishment, including a parking service or repair garage, who is subject to section
28-3511, subsection A, B or C.

3. If the owner was operating the vehicle at the time of removal and either
immobilization or impoundment and presents proof satisfactory to the immobilizing or
impounding agency that the owner's driving privilege has been reinstated.

4. All of the following apply:

(a) The owner or the owner's agent was not the person driving the vehicle pursuant
to section 28-3511, subsection A.

(b) The owner or the owner's agent is in the business of renting motor vehicles
without drivers.

(d) There was a rental agreement in effect at the time of the immobilization or
impoundment.

5. For the spouse of the owner or any person who is identified as an owner of the
vehicle on the records of the department at the time of removal and either immobilization
or impoundment, if the spouse or person was not the driver of the vehicle at the time of
removal and either immobilization or impoundment and the spouse or person enters into an
agreement with the immobilizing or impounding agency that stipulates that if the spouse
or person allows a driver who does not have a valid driving privilege or a driver who
commits a violation that causes the spouse's or person's vehicle to be removed and either
immobilized or impounded pursuant to this article within one year after any agreement is
signed by an immobilizing or impounding agency, the spouse or person will not be eligible
to obtain release of the spouse's or person's vehicle before the end of the thirty day
immobilization or impoundment period.

B. A vehicle shall not be released pursuant to subsection A of this section except
pursuant to an immobilization or a poststorage hearing under section 28-3514 or if all of
the following are presented to the immobilizing or impounding agency:

1. The owner's or owner's spouse's currently valid driver license issued by this
state or the owner's or owner's spouse's state of domicile.

2. Proof of current vehicle registration or a valid salvage or dismantle
certificate of title.

3. Proof that the vehicle is in compliance with the financial responsibility
requirements of chapter 9, article 4 of this title.

4. If the person is required by the department to install a certified ignition
interlock device on the vehicle, proof of installation of a functioning certified
ignition interlock device in the vehicle. The impounding agency, storage yard, facility,
person or agency having physical possession of the vehicle shall allow access during
normal business hours to the impounded vehicle for the purpose of installing a certified
ignition interlock device. The impounding agency, storage yard, facility, person or
agency having physical possession of the vehicle shall not charge any fee or require
compensation for providing access to the vehicle or for the installation of the certified
ignition interlock device.

C. The owner or the owner's spouse if the vehicle is released to the owner's spouse
is responsible for paying all immobilization, towing and storage charges related to the
immobilization or impoundment of the vehicle and any administrative charges established
pursuant to section 28-3513, unless the vehicle is stolen and the theft was reported to
the appropriate law enforcement agency. If the vehicle is stolen and the theft was
reported to the appropriate law enforcement agency, the operator of the vehicle at the
time of immobilization or impoundment is responsible for all immobilization, towing,
storage and administrative charges.

D. The immobilizing or impounding agency shall release a vehicle to a person, other
than the owner, identified on the department's record as having an interest in the
vehicle before the end of the thirty day immobilization or impoundment period if all of
the following conditions are met:

1. The person is either of the following:

(a) In the business of renting motor vehicles without drivers and the vehicle is
registered pursuant to section 28-2166.

(b) A motor vehicle dealer, bank, credit union or acceptance corporation or any
other licensed financial institution legally operating in this state or is another person
who is not the owner and who holds a security interest in the vehicle.

2. The person pays all immobilization, towing and storage charges related to the
immobilization or impoundment of the vehicle and any administrative charges established
pursuant to section 28-3513 unless the vehicle is stolen and the theft was reported to
the appropriate law enforcement agency. If the vehicle is stolen and the theft was
reported to the appropriate law enforcement agency, the operator of the vehicle at the
time of immobilization or impoundment is responsible for all immobilization, towing,
storage and administrative charges.

3. The person presents foreclosure documents or an affidavit of repossession of the
vehicle.

4. The person requesting release of the vehicle was not the person driving the
vehicle at the time of removal and immobilization or impoundment.

E. Before a person described in subsection D of this section releases the vehicle
to the owner who was operating the vehicle at the time of removal and immobilization or
impoundment, the person described in subsection D of this section shall require the owner
to present and shall retain for a period of at least three years from the date of
releasing the vehicle a copy of all of the following:

1. A driver license issued by this state or the owner's or owner's agent's state of
domicile.

2. A current vehicle registration or a valid salvage or dismantle certificate of
title.

3. Evidence that the vehicle is in compliance with the financial responsibility
requirements of chapter 9, article 4 of this title.

F. The person described in subsection D of this section may require the owner to
pay charges that the person incurred in connection with obtaining custody of the vehicle,
including all immobilization, towing and storage charges that are related to the
immobilization or impoundment of the vehicle and any administrative charges that are
established pursuant to section 28-3513.

G. A vehicle shall not be released after the end of the thirty day immobilization
or impoundment period unless the owner or owner's agent presents all of the following to
the impounding or immobilizing agency:

1. A valid driver license issued by this state or by the owner's or owner's agent's
state of domicile.

2. A current vehicle registration or a valid salvage or dismantle certificate of
title.

3. Evidence that the vehicle is in compliance with the financial responsibility
requirements of chapter 9, article 4 of this title.

H. The storage charges relating to the impoundment of a vehicle pursuant to this
section shall be subject to a contractual agreement between the impounding agency and a
towing firm for storage services pursuant to section 28-1108 but shall not exceed fifteen
dollars for each day of storage, including any time the vehicle remains in storage after
the end of the thirty day impoundment period.

I. The immobilizing or impounding agency shall have no lien or possessory interest
in a stolen vehicle if the theft was reported to the appropriate law enforcement agency.
The immobilizing or impounding agency shall release the vehicle to the owner or person
other than the owner as identified in subsection D of this section even if the operator
at the time of immobilization or impoundment has not paid all immobilization, towing,
storage and administrative charges.

J. A person who enters into an agreement pursuant to subsection A, paragraph 5 of
this section and who allows another person to operate the vehicle in violation of the
agreement is responsible for a civil traffic violation and shall pay a civil penalty of
at least two hundred fifty dollars.

K. A person described in subsection D, paragraph 1 of this section who violates
subsection E of this section is responsible for a civil traffic violation and shall pay a
civil penalty of at least two hundred fifty dollars.

L. For the purposes of this section, "certified ignition interlock device" has the
same meaning prescribed in section 28-1301.