Maryland Code, COMMERCIAL LAW 16A-101
Terms Used In Maryland Code, COMMERCIAL LAW 16A-101
- including: means includes or including by way of illustration and not by way of limitation. See
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Personal property: All property that is not real property.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(2) “Authorized tow company” has the meaning stated in § 2-314 of the Public Safety Article.
(3) “Heavy-duty towing” has the meaning stated in § 2-314 of the Public Safety Article.
(4) “Medium-duty towing” has the meaning stated in § 2-314 of the Public Safety Article.
(5) “Police-initiated towing” has the meaning stated in § 2-314 of the Public Safety Article.
(6) “Tow list” has the meaning stated in § 2-314 of the Public Safety Article.
(b) (1) Title 16 of this article does not apply to police-initiated towing services by an authorized tow company.
(2) Police-initiated towing does not create a lien or security interest for the authorized tow company in any equipment, vehicle, or cargo.
(c) An authorized tow company shall provide a vehicle owner or operator or the owner’s designee with reasonable access to a vehicle that is the subject of a police-initiated towing so that the vehicle owner or operator or the owner’s designee may access and collect any personal property or cargo contained in the vehicle, regardless of whether any payment has been made for the authorized tow company’s services.
(d) (1) If there is no dispute as to the fees assessed by the authorized tow company for the police-initiated towing of a vehicle:
(i) The vehicle owner or operator or the owner’s designee shall pay the authorized tow company’s invoice; and
(ii) The authorized tow company shall release a vehicle and any cargo that was the subject of a police-initiated towing immediately.
(2) If there is a genuine dispute as to the reasonableness or amount of the fees assessed by an authorized tow company:
(i) The authorized tow company shall release the cargo immediately to the owner or the owner’s authorized agent in accordance with this subsection on submission of:
1. Proof of ownership if the cargo does not belong to the transportation company; or
2. If the cargo belongs to the transportation company:
A. A letter from the insurance company stating there is coverage for the relevant claim or accident and including, at minimum, a claim number, policy number, and policy limit; or
B. If an insurance policy required under item 2 of this item is not high enough to cover the cost of the cargo clean-up, a signed letter of guarantee from the transportation company; and
(ii) Beginning October 1, 2023, the authorized tow company shall release the vehicle to the owner or the owner’s authorized agent on payment of 20% of the invoice by the vehicle owner or operator or the owner’s designee.
(3) A payment under paragraph (2)(ii) of this subsection does not eliminate the remainder of the financial obligation to the authorized tow company.