(a) Whenever a vehiclewith a valid registration plate or registration is towed as provided in G.S.20‑219.10, the authorizing person shall immediately notify the last knownregistered owner of the vehicle of the following:
(1) A description of thevehicle;
(2) The place where thevehicle is stored;
(3) The violation withwhich the owner is charged, if any;
(4) The procedure theowner must follow to have the vehicle returned to him; and
(5) The procedure theowner must follow to request a probable cause hearing on the towing.
If the vehicle has a NorthCarolina registration plate or registration, notice shall be given to the ownerwithin 24 hours; if the vehicle is not registered in this State, notice shall begiven to the owner within 72 hours. This notice shall, if feasible, be given bytelephone. Whether or not the owner is reached by telephone, notice shall bemailed to his last known address unless he or his agent waives this notice inwriting.
(b) Whenever a vehiclewith neither a valid registration plate nor registration is towed as providedin G.S. 20‑219.10, the authorizing person shall make reasonable efforts,including checking the vehicle identification number, to determine the lastknown registered owner of the vehicle and to notify him of the informationlisted in subsection (a). Unless the owner has otherwise been given notice, itis presumed that the authorizing person has not made reasonable efforts, asrequired under this subsection, unless notice that the vehicle would be towedwas posted on the windshield or some other conspicuous place at least sevendays before the towing actually occurred; except, no pretowing notice need begiven if the vehicle impeded the flow of traffic or otherwise jeopardized thepublic welfare so that immediate towing was necessary.
(c) The owner or anyother person entitled to claim possession of the vehicle may request inwriting a hearing to determine if probable cause existed for the towing. Therequest shall be filed with the magistrate in the county where the vehicle wastowed. If there is more than one magistrate's office in that county, therequest may be filed with the magistrate in the warrant‑issuing office inthe county seat or in any other office designated to receive requests by thechief district court judge. The magistrate shall set the hearing within 72hours of his receiving the request. The owner, the person who requested thehearing if someone other than the owner, the tower, and the person who authorizedthe towing shall be notified of the time and place of the hearing.
(d) The owner, thetower, the person who authorized the towing, and any other interested partiesmay present evidence at the hearing. The person authorizing the towing and thetower may submit an affidavit in lieu of appearing personally, but theaffidavit does not preclude that person from also testifying.
(e) The only issue atthis hearing is whether or not probable cause existed for the towing. If themagistrate finds that probable cause did exist, the tower's lien continues. Ifthe magistrate finds that probable cause did not exist, the tower's lien isextinguished.
(f) Any aggrievedparty may appeal the magistrate's decision to district court. (1983,c. 420, s. 2.)
(a) Whenever a vehiclewith a valid registration plate or registration is towed as provided in G.S.20‑219.10, the authorizing person shall immediately notify the last knownregistered owner of the vehicle of the following:
(1) A description of thevehicle;
(2) The place where thevehicle is stored;
(3) The violation withwhich the owner is charged, if any;
(4) The procedure theowner must follow to have the vehicle returned to him; and
(5) The procedure theowner must follow to request a probable cause hearing on the towing.
If the vehicle has a NorthCarolina registration plate or registration, notice shall be given to the ownerwithin 24 hours; if the vehicle is not registered in this State, notice shall begiven to the owner within 72 hours. This notice shall, if feasible, be given bytelephone. Whether or not the owner is reached by telephone, notice shall bemailed to his last known address unless he or his agent waives this notice inwriting.
(b) Whenever a vehiclewith neither a valid registration plate nor registration is towed as providedin G.S. 20‑219.10, the authorizing person shall make reasonable efforts,including checking the vehicle identification number, to determine the lastknown registered owner of the vehicle and to notify him of the informationlisted in subsection (a). Unless the owner has otherwise been given notice, itis presumed that the authorizing person has not made reasonable efforts, asrequired under this subsection, unless notice that the vehicle would be towedwas posted on the windshield or some other conspicuous place at least sevendays before the towing actually occurred; except, no pretowing notice need begiven if the vehicle impeded the flow of traffic or otherwise jeopardized thepublic welfare so that immediate towing was necessary.
(c) The owner or anyother person entitled to claim possession of the vehicle may request inwriting a hearing to determine if probable cause existed for the towing. Therequest shall be filed with the magistrate in the county where the vehicle wastowed. If there is more than one magistrate's office in that county, therequest may be filed with the magistrate in the warrant‑issuing office inthe county seat or in any other office designated to receive requests by thechief district court judge. The magistrate shall set the hearing within 72hours of his receiving the request. The owner, the person who requested thehearing if someone other than the owner, the tower, and the person who authorizedthe towing shall be notified of the time and place of the hearing.
(d) The owner, thetower, the person who authorized the towing, and any other interested partiesmay present evidence at the hearing. The person authorizing the towing and thetower may submit an affidavit in lieu of appearing personally, but theaffidavit does not preclude that person from also testifying.
(e) The only issue atthis hearing is whether or not probable cause existed for the towing. If themagistrate finds that probable cause did exist, the tower's lien continues. Ifthe magistrate finds that probable cause did not exist, the tower's lien isextinguished.
(f) Any aggrievedparty may appeal the magistrate's decision to district court. (1983,c. 420, s. 2.)
(a) Whenever a vehiclewith a valid registration plate or registration is towed as provided in G.S.20‑219.10, the authorizing person shall immediately notify the last knownregistered owner of the vehicle of the following:
(1) A description of thevehicle;
(2) The place where thevehicle is stored;
(3) The violation withwhich the owner is charged, if any;
(4) The procedure theowner must follow to have the vehicle returned to him; and
(5) The procedure theowner must follow to request a probable cause hearing on the towing.
If the vehicle has a NorthCarolina registration plate or registration, notice shall be given to the ownerwithin 24 hours; if the vehicle is not registered in this State, notice shall begiven to the owner within 72 hours. This notice shall, if feasible, be given bytelephone. Whether or not the owner is reached by telephone, notice shall bemailed to his last known address unless he or his agent waives this notice inwriting.
(b) Whenever a vehiclewith neither a valid registration plate nor registration is towed as providedin G.S. 20‑219.10, the authorizing person shall make reasonable efforts,including checking the vehicle identification number, to determine the lastknown registered owner of the vehicle and to notify him of the informationlisted in subsection (a). Unless the owner has otherwise been given notice, itis presumed that the authorizing person has not made reasonable efforts, asrequired under this subsection, unless notice that the vehicle would be towedwas posted on the windshield or some other conspicuous place at least sevendays before the towing actually occurred; except, no pretowing notice need begiven if the vehicle impeded the flow of traffic or otherwise jeopardized thepublic welfare so that immediate towing was necessary.
(c) The owner or anyother person entitled to claim possession of the vehicle may request inwriting a hearing to determine if probable cause existed for the towing. Therequest shall be filed with the magistrate in the county where the vehicle wastowed. If there is more than one magistrate's office in that county, therequest may be filed with the magistrate in the warrant‑issuing office inthe county seat or in any other office designated to receive requests by thechief district court judge. The magistrate shall set the hearing within 72hours of his receiving the request. The owner, the person who requested thehearing if someone other than the owner, the tower, and the person who authorizedthe towing shall be notified of the time and place of the hearing.
(d) The owner, thetower, the person who authorized the towing, and any other interested partiesmay present evidence at the hearing. The person authorizing the towing and thetower may submit an affidavit in lieu of appearing personally, but theaffidavit does not preclude that person from also testifying.
(e) The only issue atthis hearing is whether or not probable cause existed for the towing. If themagistrate finds that probable cause did exist, the tower's lien continues. Ifthe magistrate finds that probable cause did not exist, the tower's lien isextinguished.
(f) Any aggrievedparty may appeal the magistrate's decision to district court. (1983,c. 420, s. 2.)
