HF 1972

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to motor vehicles; providing for removal and 
  1.3             disposal of unauthorized vehicles on private, 
  1.4             nonresidential property used for servicing vehicles; 
  1.5             amending Minnesota Statutes 2002, section 168B.04, 
  1.6             subdivision 2; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 168B. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 168B.04, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [UNAUTHORIZED VEHICLES.] (a) Units of government 
  1.12  and peace officers may take into custody and impound any 
  1.13  unauthorized vehicle under section 169.041. 
  1.14     (b) A vehicle may also be impounded after it has been left 
  1.15  unattended in one of the following public or private locations 
  1.16  for the indicated period of time: 
  1.17     (1) in a public location not governed by section 169.041: 
  1.18     (i) on a highway and properly tagged by a peace officer, 
  1.19  four hours; 
  1.20     (ii) located so as to constitute an accident or traffic 
  1.21  hazard to the traveling public, as determined by a peace 
  1.22  officer, immediately; or 
  1.23     (iii) that is a parking facility or other public property 
  1.24  owned or controlled by a unit of government, properly posted, 
  1.25  four hours; or 
  1.26     (2) on private property: 
  2.1      (i) that is single-family or duplex residential property, 
  2.2   immediately; 
  2.3      (ii) that is private, nonresidential property, properly 
  2.4   posted, immediately; 
  2.5      (iii) that is private, nonresidential property, not posted, 
  2.6   24 hours; or 
  2.7      (iv) that is private, nonresidential property of an 
  2.8   operator of an establishment for the servicing, repair, or 
  2.9   maintenance of motor vehicles, five business days after 
  2.10  notifying the vehicle owner by certified mail of the property 
  2.11  owner's intention to have the vehicle removed from the property; 
  2.12  or 
  2.13     (v) that is any residential property, properly posted, 
  2.14  immediately. 
  2.15     Sec. 2.  [168B.055] [NOTICE FOR REMOVAL FROM VEHICLE 
  2.16  SERVICE FACILITY.] 
  2.17     An owner or agent of an owner of private, nonresidential 
  2.18  property described in section 168B.04, subdivision 2, paragraph 
  2.19  (b), clause (2)(iv), is authorized to remove or cause the 
  2.20  removal of an unauthorized vehicle from that property after 
  2.21  providing five-day notice to the vehicle owner by certified mail 
  2.22  that the vehicle will be removed from the property.  
  2.23  Notification must include identification of the registration 
  2.24  plate number, the vehicle identification number, and the make, 
  2.25  model, and color of the vehicle.  The owner or agent of an owner 
  2.26  of property upon which a motor vehicle is unauthorized may cause 
  2.27  the vehicle to be removed by a towing service under this section 
  2.28  without incurring any civil liability to the owner of the 
  2.29  unauthorized vehicle.  Vehicles removed pursuant to a complaint 
  2.30  of the owner or agent of the owner of private property must be 
  2.31  disposed of as provided in sections 168B.051 to 168B.10.