Section 706.4477 - Conditions for person other than owner of motor vehicle or law enforcement officer or city or county to request towing; payment of costs by owner; exceptions; hardship tariff1. If towing is requested by a person other than the owner, or an agent of the owner, of the motor vehicle or a law enforcement officer or other person who is employed to enforce the laws, ordinances and codes of a local government: (a) The person requesting the towing must be the owner of the real property from which the vehicle is towed or an authorized agent of the owner of the real property and must sign a specific request for the towing. Except as otherwise provided in subsection 2, for the purposes of this section, the operator is not an authorized agent of the owner of the real property.(b) The area from which the vehicle is to be towed must be appropriately posted in accordance with state or local requirements.(c) Notice must be given to the appropriate law enforcement agency pursuant to state and local requirements.(d) The operator may be directed to terminate the towing by a law enforcement officer.2. If, pursuant to subsection 1, the owner of the real property or authorized agent of the owner of the real property requests that a vehicle be towed from a residential complex at which the vehicle is located, the owner of the real property or authorized agent of the owner, which may be the tow operator if the tow operator has entered into a contract for that purpose with the owner of the real property:(a) Must: (1) Meet the requirements of subsection 1.(2) Except as otherwise provided in this subparagraph, if the vehicle is being towed pursuant to subparagraph (1) or (2) of paragraph (b), notify the owner or operator of the vehicle of the tow not less than 48 hours before the tow by affixing to the vehicle a sticker which provides the date and time after which the vehicle will be towed. The provisions of this subparagraph do not apply and the vehicle may be immediately towed if it is a vehicle for which a notice was previously affixed:(I) For the same or a similar reason within the same residential complex.(II) Three or more times during the immediately preceding 6 months within the same residential complex for any reason, regardless of whether the vehicle was subsequently towed.(b) May only have a vehicle towed:(1) Because of a parking violation;(2) If the vehicle is not registered pursuant to this chapter or chapter 482 of NRS or in any other state; or(3) If the vehicle is:(I) Blocking a fire hydrant, fire lane or parking space designated for the handicapped; or(II) Posing an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the residents of the residential complex, which may include, without limitation, if the vehicle is parked in a space that is clearly marked for a specific resident or the use of a specific unit in the residential complex.(c) May not have a vehicle towed solely because the registration of the vehicle is expired. An operator may not charge any fee or cost for towing a vehicle in violation of this paragraph. The towing of a vehicle solely because the registration of the vehicle is expired is a violation of this section, subject to the provisions of subsection 9.3. If towing is requested by a county or city pursuant to NRS 244.3605 or 268.4122, as applicable: (a) Notice must be given to the appropriate law enforcement agency pursuant to state and local requirements.(b) The operator may be directed to terminate the towing by a law enforcement officer.4. The owner of a motor vehicle towed pursuant to the provisions of subsection 1, 2 or 3:(a) Is presumed to have left the motor vehicle on the real property from which the vehicle is towed; and(b) Subject to the provisions of subsection 7, is responsible for the cost of removal and storage of the motor vehicle.5. The owner may rebut the presumption in subsection 4 by showing that: (a) The owner transferred the owner's interest in the motor vehicle: (1) Pursuant to the provisions set forth in NRS 482.399 to 482.420, inclusive; or(2) As indicated by a bill of sale for the vehicle that is signed by the owner; or(b) The vehicle is stolen, if the owner submits evidence that, before the discovery of the vehicle, the owner filed an affidavit with the Department or a written report with an appropriate law enforcement agency alleging the theft of the vehicle.6. An operator shall not charge any fee or cost for the storage of the motor vehicle until at least 48 hours after the motor vehicle arrives and is registered at the place of storage. If the motor vehicle arrives at the place of storage after the regular business hours of the place of storage, the 48-hour period begins when the regular business hours of the place of storage next begin.7. An operator shall consider charging a rate which is lower than the rate set forth in the otherwise applicable schedule or tariff for the cost of removal and storage of the motor vehicle if the owner of the vehicle ,
for reasons outside of his or her control as determined by the regulations adopted pursuant to this section, is incapable of paying the normal rate charged for the removal and storage of the motor vehicle. An operator may deviate from the otherwise applicable schedule or tariff without the approval of the Authority to charge a lower rate pursuant to this subsection.
8. The Authority shall adopt regulations to carry out the provisions of this section, including, without limitation, setting forth what qualifies as a reason that is outside of the control of the owner.9. If a motor vehicle is towed in violation of the provisions of this section or an operator charges any fee or cost for the towing of a motor vehicle in violation of this section:(a) The operator may be subject to a penalty in accordance with the provisions of NRS 706.756 to 706.781, inclusive; and(b) The owner of the vehicle may bring an action against the operator to recover any costs incurred by the person as a result of the violation, including, without limitation, any loss of income.10. An operator shall display conspicuously in his or her place of business a written notice which must contain, in boldface type letters not less than 1 inch in height and 1 inch in width: (a) A statement that the operator must consider charging a lower rate under certain circumstances; and(b) A telephone number for the Authority where a person may report a violation of the provisions of this chapter.11. As used in this section:(a) "Parking violation" means a violation of any: (1) State or local law or ordinance governing parking; or(2) Parking rule promulgated by the owner or manager of the residential complex that applies to vehicles on the property of the residential complex.(b) "Residential complex" means a group of apartments, condominiums or townhomes intended for use as residential units and for which a common parking area is provided, regardless of whether each resident or unit has been assigned a specific parking space in the common parking area.
Added to NRS by 1995, 1511; A 1995, 1513; 1997, 2683; 2009, 1306; 2013, 1880; 2017, 3186; 2019, 1168; 2021, 1434Amended by 2023, Ch. 211,§3.1, eff. 10/1/2023.Amended by 2021, Ch. 272,§2, eff. 10/1/2021.Amended by 2019, Ch. 210,§1, eff. 7/1/2019.Amended by 2017, Ch. 497,§1, eff. 7/1/2017.Added to NRS by 1995, 1511; A 1995, 1513; 1997, 2683; 2009, 1306