Current with changes from the 2024 Legislative Session
Section 21-10A-05 - Delivery to storage facility; repossession by owner before or after towing; payment(a) Subject to subsection (b) of this section, if a vehicle is towed or otherwise removed from a parking lot, the person in possession of the vehicle: (1) Shall immediately deliver the vehicle directly to the storage facility stated on the signs posted in accordance with § 21-10A-02 of this subtitle;(2) May not move the towed vehicle from that storage facility to another storage facility for at least 72 hours; and(3) Shall provide the owner of the vehicle or the owner's agent immediate and continuous opportunity, at a minimum from 6 a.m. to midnight, 7 days per week, from the time the vehicle was received at the storage facility, to retake possession of the vehicle.(b) Before a vehicle is removed from a parking lot, a tower who possesses the vehicle shall release the vehicle to the owner or an agent of the owner: (1) If the owner or agent requests that the tower release the vehicle;(2) If the vehicle can be driven under its own power;(3) Whether or not the vehicle has been lifted off the ground; and(4) If the owner or agent pays a drop fee to the tower in an amount not exceeding 50% of the cost of a full tow.(c)(1) Subject to paragraph (2) of this subsection, a storage facility that is in possession of a towed vehicle shall:(i) Accept payment for outstanding towing, recovery, or storage charges by cash or at least two major, nationally recognized credit cards; and(ii) If the storage facility accepts only cash, have an operable automatic teller machine available on the premises.(2)(i) Except as provided in subparagraph (ii) of this paragraph, if a storage facility is unable to process a credit card payment and does not have an operable automatic teller machine on the premises, the storage facility shall accept a personal check as payment for outstanding towing, recovery, and storage charges.(ii) A storage facility may refuse to accept a personal check as payment if it is unable to process a credit card for the payment because use of the credit card has been declined by the credit card company.(3) A storage facility that is in possession of a towed vehicle shall make the vehicle available to the owner, the owner's agent, the insurer of record, or a secured party, under the supervision of the storage facility, for: (ii) Retrieval from the vehicle of personal property that is not attached to the vehicle.Amended by 2023 Md. Laws, Ch. 803, Sec. 1, eff. 10/1/2023.Amended by 2017 Md. Laws, Ch. 55, Sec. 1, eff. 10/1/2017.