Amends TCA Title 4; Title 47; Title 54; Title 55; Title 56; Title 65 and Title 66.
ON MARCH 24, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2245, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites the bill and revises the present law provision related to garagekeeper or towing firm liens.<br /> <br /> Under present law, garagekeepers or establishments substantially in the business of towing vehicles for hire are entitled to a lien upon all vehicles that lawfully come into their possession and are retained in their possession until all reasonable charges due are paid. A garagekeeper may, after 30 days, enforce the lien. Among other requirements, the garagekeeper must advertise the sale one time in a newspaper published in the place where the sale is to be held; and include the vehicle identification number, if it is ascertainable, in a required notice and in the advertisement of the sale.<br /> <br /> Present law further provides that if the motor vehicle, including any associated rental equipment, clearly identifies a rental company and a garagekeeper or towing firm lawfully comes into possession of the vehicle and any associated equipment, then the garagekeeper or towing firm must notify the rental company at the address identified on the vehicle or associated equipment within three working days of taking possession of such vehicle or equipment by registered mail return receipt requested. This amendment revises this provision to instead provide that if the motor vehicle, including any associated rental equipment, clearly identifies the rental company, the United States department of transportation (USDOT) number issued by the federal motor carrier safety administration (FMCSA), a registration plate issued and attached to the motor vehicle, or a registration plate issued and attached to the trailer, and a garagekeeper or towing firm lawfully comes into possession of the vehicle and any associated equipment, then the garagekeeper or towing firm must notify the rental company, the owner of the motor vehicle identified by the USDOT number or the owner assigned to the registration plate issued and attached to the motor vehicle or a registration plate issued and attached to the trailer, at the address identified with the USDOT number, rental equipment information, or the vehicle's registration within three working days of taking possession of such vehicle or equipment by registered mail return receipt requested.<br />
ON MARCH 24, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2245, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites the bill and revises the present law provision related to garagekeeper or towing firm liens.<br /> <br /> Under present law, garagekeepers or establishments substantially in the business of towing vehicles for hire are entitled to a lien upon all vehicles that lawfully come into their possession and are retained in their possession until all reasonable charges due are paid. A garagekeeper may, after 30 days, enforce the lien. Among other requirements, the garagekeeper must advertise the sale one time in a newspaper published in the place where the sale is to be held; and include the vehicle identification number, if it is ascertainable, in a required notice and in the advertisement of the sale.<br /> <br /> Present law further provides that if the motor vehicle, including any associated rental equipment, clearly identifies a rental company and a garagekeeper or towing firm lawfully comes into possession of the vehicle and any associated equipment, then the garagekeeper or towing firm must notify the rental company at the address identified on the vehicle or associated equipment within three working days of taking possession of such vehicle or equipment by registered mail return receipt requested. This amendment revises this provision to instead provide that if the motor vehicle, including any associated rental equipment, clearly identifies the rental company, the United States department of transportation (USDOT) number issued by the federal motor carrier safety administration (FMCSA), a registration plate issued and attached to the motor vehicle, or a registration plate issued and attached to the trailer, and a garagekeeper or towing firm lawfully comes into possession of the vehicle and any associated equipment, then the garagekeeper or towing firm must notify the rental company, the owner of the motor vehicle identified by the USDOT number or the owner assigned to the registration plate issued and attached to the motor vehicle or a registration plate issued and attached to the trailer, at the address identified with the USDOT number, rental equipment information, or the vehicle's registration within three working days of taking possession of such vehicle or equipment by registered mail return receipt requested.<br />
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