Vermont H 329: An act relating to safe storage of firearms

Bill Text

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H.329 1
Introduced by Representative Rachelson of Burlington 2
Referred to Committee on 3
Date: 4
Subject: Motor vehicles; involuntary towing and storage; abandoned vehicles; 5
consumer protection 6
Statement of purpose of bill as introduced: This bill proposes to establish 7
certain consumer protections related to the towing and storage of abandoned 8
motor vehicles. 9
An act relating to the towing and storage of abandoned motor vehicles 10
It is hereby enacted by the General Assembly of the State of Vermont: 11
Sec. 1. 23 V.S.A. § 2151 is amended to read: 12
§ 2151. DEFINITIONS 13
As used in this subchapter: 14
(1)(A) “Abandoned motor vehicle” means: 15
(i) a motor vehicle that has remained on public or private property 16
or on or along a highway for more than 48 96 hours without the consent of the 17
owner or person in control of the property and has a valid registration plate or 18
public vehicle identification number that has not been removed, destroyed, or 19
altered; or 20

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(ii) a motor vehicle that has remained on public or private property 1
or on or along a highway without the consent of the owner or person in control 2
of the property for any period of time if: 3
(I) the vehicle does not have a valid registration plate or the 4
public vehicle identification number has been removed, destroyed, or altered; 5
or 6
(II) a law enforcement officer has requested that the vehicle be 7
removed by a towing business. 8
(B) “Abandoned motor vehicle” does not include: 9
(i) a vehicle or other equipment used or to be used in construction 10
or in the operation or maintenance of highways or public utility facilities, 11
which is left in a manner that does not interfere with the normal movement of 12
traffic; or 13
(ii) a vehicle that is towed from a private tow-away zone. 14
* * * 15
Sec. 2. 23 V.S.A. § 2152 is amended to read: 16
§ 2152. AUTHORIZED REMOVAL OF ABANDONED MOTOR 17
VEHICLES 18
(a) Public property. A law enforcement officer is authorized to remove or 19
cause removal of an abandoned motor vehicle from public property, and may 20

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contact a towing service for its removal, based upon personal observation by 1
the officer that the vehicle is an abandoned motor vehicle. 2
(b) Private property. 3
(1) A law enforcement officer is authorized to remove or cause removal 4
of an abandoned motor vehicle from private property, and may contact a 5
towing service for its removal, based upon the request of the landowner on 6
whose property the vehicle is located and information indicating that the 7
vehicle is an abandoned motor vehicle. 8
(2) A landowner of private property is authorized to remove or cause 9
removal of an abandoned motor vehicle from that property or to any other 10
place on any property of the landowner, and may contact a towing service for 11
its removal. A landowner who removes or causes removal of an abandoned 12
motor vehicle shall immediately notify the police agency in the jurisdiction 13
from which the vehicle is removed and provide the registration plate number, 14
the public vehicle identification number, if available, and the make, model, and 15
color of the vehicle. The landowner may remove the vehicle from the place 16
where it is discovered to any other place on any property owned by him or her 17
the landowner, or cause the vehicle to be removed by a towing service under 18
the provisions of this subsection, without incurring any civil liability to the 19
owner of the abandoned vehicle. 20

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(c) Record of caller. 1
(1) If a towing service is summoned to tow an abandoned motor vehicle 2
by the landowner of private property, the towing service shall record the first 3
name, last name, and telephone number of the individual who summoned it to 4
the scene and the make, model, year, color, vehicle identification number 5
(VIN), and license plate number of the towed vehicle. 6
(2) If a towing company is summoned to tow an abandoned motor 7
vehicle by a law enforcement officer, the towing service shall record the 8
identity of the law enforcement officer and the log number, call number, 9
incident number, or dispatch number assigned to the incident as applicable. 10
(d) Visual documentation. Prior to towing a vehicle under this section, a 11
towing service shall take photographs, video, or other visual documentation to 12
evidence the location of the vehicle and any damages. 13
(e) Record retention and production. 14
(1) The towing service shall maintain a record of the information 15
described in subsections (c) and (d) of this section and shall retain that 16
information for three years from the date on which it tows the vehicle. 17
(2) The towing service shall make the records required to be maintained 18
under subdivision (1) of this su