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REFERENCE TITLE: towing; vehicle removal; abandoned vehicles |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HB 2379 |
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Introduced by Representative Campbell
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AN ACT
amending sections 28‑674 and 28‑4842, Arizona Revised Statutes; relating to vehicles.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-674, Arizona Revised Statutes, is amended to read:
28-674. Traffic accidents; quick clearance
A. Notwithstanding any other provision of this article, motor vehicles involved in traffic accidents and drivers of motor vehicles involved in traffic accidents are subject to this section.
B. This section applies to motor vehicle traffic accidents that occur on controlled access highways and any other highways that are divided into two or more lanes clearly marked for traffic in this state.
C. If a motor vehicle traffic accident occurs and serious physical injury as defined in section 13‑105 or death is not apparent, the drivers of the motor vehicles involved in the accident, or any other occupant of the motor vehicles involved in the accident who possesses a valid driver license, shall remove the motor vehicles from the main traveled portion of the roadway into a safe refuge on the shoulder, emergency lane or median or to a place otherwise removed from the roadway if both of the following apply:
1. The moving of the motor vehicle can be done safely.
2. The motor vehicle is capable of being normally and safely driven, does not require towing and can be operated under its own power in its customary manner without further damage or hazard to the motor vehicle, to traffic elements or to the roadway.
D. The driver of a motor vehicle involved in a traffic accident may request any person who possesses a valid driver license to remove the motor vehicle as provided in this section, and the person requested to remove the motor vehicle may comply with the request.
E. The driver or any other person who removes a motor vehicle from the main traveled portion of the roadway as provided in this section before the arrival of a police officer is not liable or at fault regarding the cause of the traffic accident solely by reason of moving the motor vehicle pursuant to this section.
F. This section does not abrogate or affect a driver's duty to do either of the following:
1. File any written report required by a local law enforcement agency, except that compliance with this section does not allow a driver to be prosecuted for the driver's failure to stop and immediately report a traffic accident.
2. Stop and give information pursuant to this article.
G. This section does not relieve a police officer of the duty to submit a written accident report pursuant to this article.
H. In the exercise of the management, control and maintenance of state highways, the department may require and assist in the removal of the following from the main traveled portion of the roadways in the state highway system:
1. All vehicles that are incapacitated for any cause other than having been involved in a motor vehicle traffic accident.
2. All vehicles incapacitated as a result of being involved in a motor vehicle traffic accident and debris caused by a motor vehicle traffic accident if both of the following apply:
(a) Serious physical injury as defined in section 13‑105 or death is not apparent.
(b) The move can be accomplished safely by the drivers of the motor vehicles involved or with the assistance of a towing or recovery vehicle and the move will result in the improved safety or convenience of travel on the highway.
I. The department shall not require or assist in the removal of a motor vehicle that is incapacitated as a result of being involved in a motor vehicle traffic accident if serious physical injury as defined in section 13‑105 or death is apparent until a police officer has made the necessary measurements and diagrams required for the initial accident investigation.
J. If the department of transportation or a police officer requests a towing or recovery vehicle to assist in moving a vehicle pursuant to subsection H, paragraph 2 of this section, the operator of the towing or recovery vehicle is not liable for any damage to personal property unless the removal is carried out recklessly or in a grossly negligent manner.
Sec. 2. Section 28-4842, Arizona Revised Statutes, is amended to read:
28-4842. Unclaimed vehicle; transfer of ownership; immunity; towing companies
A. If a vehicle remains unclaimed at the expiration of the dates prescribed in section 28‑4841, subsections B and C, the director shall make an inquiry to determine if the vehicle is a stolen vehicle. On receiving notice that the vehicle has not been reported stolen, the director may transfer ownership of the vehicle free and clear of all liens or encumbrances on compliance with this chapter to the person in possession of the vehicle.
B. An application for transfer of ownership shall be signed by the applicant or authorized agent of the applicant and shall contain a certified statement that includes the following:
1. As of the date of application, no person has presented proof of ownership or proof of interest in the vehicle and entered into an agreement financial responsibility for the release or return of the vehicle.
2. The applicant is currently in possession of the vehicle.
C. This state and its agencies, employees and agents are not liable for relying in good faith on the contents of the abandoned vehicle report or affidavits as prescribed by this chapter.
D. A person in possession of a vehicle is not liable for obtaining a transfer of ownership of an abandoned vehicle if the person in possession of the vehicle complies with this chapter.
E. A towing company in possession of a vehicle may obtain a transfer of ownership if both of the following apply:
1. A person does not recover the vehicle within forty‑five days after the person provides the department with proof of ownership and financial responsibility for the vehicle.
2. The vehicle is not part of a civil or criminal proceeding.
F. For the purposes of this section, to prove ownership of a vehicle a person must submit a valid certificate of title indicating ownership or a lien interest or current documentation from a licensed motor vehicle dealer or financial institution indicating ownership or a lien interest with any one of the following:
1. Legal documentation issued by a federal, state, county or municipal government indicating an operation of law lien on the vehicle.
2. A court‑ordered judgment, divorce decree or restitution lien.
3. A current photo identification issued by a federal, state, county or municipal government.