Kansas Statutes 8-1103. Towed motor vehicles, lien created thereon; procedure; personal property; required certificate of compliance to a purchaser; providing notice of fee; city ordinance or county resolution authorizing the towing of vehicle from p…
Terms Used In Kansas Statutes 8-1103
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Law enforcement officer: means and includes the Kansas highway patrol, police and sheriffs who are vested with the power and authority of peace, police and law enforcement, or those authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. See Kansas Statutes 8-1101
- Lien: A claim against real or personal property in satisfaction of a debt.
- Motor vehicle: means every vehicle or tractor trailer combination that is self-propelled by which any person or property is or may be transported or drawn upon a highway except vehicles used exclusively upon stationary rails or tracks. See Kansas Statutes 8-1101
- Person: means the same as defined in Kan. See Kansas Statutes 8-1101
- Personal property: All property that is not real property.
- Personal property: includes money, goods, chattels, evidences of debt and things in action, and digital assets as defined in the revised uniform fiduciary access to digital assets act, Kan. See Kansas Statutes 77-201
- Property: includes personal and real property. See Kansas Statutes 77-201
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) (1) Whenever any person providing wrecker or towing service, as defined by Kan. Stat. Ann. § 66-1329, and amendments thereto, while lawfully in possession of a vehicle, at the direction of a law enforcement officer, the owner or, if a city ordinance or county resolution authorizes the towing of vehicles by a wrecker or towing service, a self-service storage facility operator as provided by Kan. Stat. Ann. § 58-817, and amendments thereto, or as otherwise provided by a city ordinance or county resolution, renders any service to the owner thereof by the recovery, transportation, protection, storage or safekeeping thereof, a first and prior lien on the vehicle is hereby created in favor of such person rendering such service and the lien shall amount to the full amount and value of the service rendered. The lien may be foreclosed in the manner provided in this act.
(2) If the name of the owner of the vehicle is known to the person in possession of such vehicle, then within 15 days, notice shall be given to the owner that the vehicle is being held subject to satisfaction of the lien. Any vehicle remaining in the possession of a person providing wrecker or towing service for a period of 30 days after such wrecker or towing service was provided may be sold to pay the reasonable or agreed charges for such recovery, transportation, protection, storage or safekeeping of such vehicle and personal property therein, the costs of such sale, the costs of notice to the owner of the vehicle and publication after giving the notices required by this act, unless a court order has been issued to hold such vehicle for the purpose of a criminal investigation or for use as evidence at a trial.
(3) If a court orders any vehicle to be held for the purpose of a criminal investigation or for use as evidence at a trial, then such order shall be in writing, and the court shall assess as costs the reasonable or agreed charges for the protection, storage or safekeeping accrued while the vehicle was held pursuant to such written order.
(4) Any personal property within the vehicle need not be released to the owner thereof until the reasonable or agreed charges for such recovery, transportation or safekeeping have been paid, or satisfactory arrangements for payment have been made, except as provided under subsection (c) or for personal medical supplies which shall be released to the owner thereof upon request. The person in possession of such vehicle and personal property shall be responsible only for the reasonable care of such property. Any personal property within the vehicle not returned to the owner shall be sold at the auction authorized by this act.
(5) A person providing wrecker or towing service shall provide a certification of compliance to a purchaser pursuant to Kan. Stat. Ann. 2023 Supp. 8-1109, and amendments thereto, upon the sale and transfer of a vehicle authorized by this section.
(b) At the time of providing wrecker or towing service, any person providing such wrecker or towing service shall give written notice to the driver, if available, of the vehicle being towed that a fee will be charged for storage of such vehicle. Failure to give such written notice shall invalidate any lien established for such storage fee.
(c) A city ordinance or county resolution authorizing the towing of vehicles from private property shall specify in such ordinance or resolution:
(1) The maximum rate such wrecker or towing service may charge for such wrecker or towing service and storage fees;
(2) that an owner of a vehicle towed shall have access to personal property in such vehicle for 48 hours after such vehicle has been towed and such personal property shall be released to the owner; and
(3) that the wrecker or towing service shall report the location of such vehicle to local law enforcement within two hours of such tow.
(d) A person providing towing services shall not tow a vehicle to a location outside of Kansas without the consent of either:
(1) The driver or owner of the motor vehicle;
(2) a motor club of which the driver or owner of the motor vehicle is a member; or
(3) the insurance company processing a claim with respect to the vehicle or an agent of such insurance company.