(a)  Prior to enforcement of its possessory lien as provided in § 39-12.1-9, the certificated tower shall give notice by registered mail, return receipt requested, to the last-known registered owner and all known lienholders of record, at the address shown on the records of the appropriate registry, in the state of which the vehicle is registered, substantially in the form provided in § 39-12.1-14, stating:

(1)  That no complaint having been filed and that the vehicle has not been claimed or possession retaken or arranged for within thirty (30) days of the notice given pursuant to § 39-12.1-4;

(2)  That the certificated tower claims a possessory lien for all recovery, towing, and storage charges;

(3)  That the registered and/or legal owner may retake possession at any time during business hours by appearing, proving ownership, and paying all charges due the certificated tower pursuant to its published tariff;

(4)  That if the vehicle is not claimed and possession retaken, or arranged for, within ten (10) days of the mailing of the notice, the lien will be foreclosed and the vehicle will be sold at public auction;

(5)  The date, time, and place at which the public auction shall occur; and

(6)  That any charges in excess of the sale proceeds shall remain as a civil obligation of the owner.

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Terms Used In Rhode Island General Laws 39-12.1-8

  • Certificated tower: means a carrier possessing a certificate of public convenience and necessity issued by the public utilities administrator for the purpose of transporting vehicles by tow-away method. See Rhode Island General Laws 39-12.1-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Legal owner: means the person who has obtained ownership of a vehicle by any legal means but has not caused the vehicle to be registered with the division of motor vehicles. See Rhode Island General Laws 39-12.1-2
  • 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.
  • Possessory lien: means the right to retain possession of a vehicle and motor vehicle registration plates against all claims of the owner and/or security lien or until all charges are paid for recovery, towing, storage in accordance with the certificated tower's tariff. See Rhode Island General Laws 39-12.1-2
  • Registered owner: means the person recorded in the division of motor vehicles as being the one to whom the registration of the vehicle was issued. See Rhode Island General Laws 39-12.1-2
  • Vehicle: means any motor vehicle as defined in § 39-12-2. See Rhode Island General Laws 39-12.1-2

(b)  If the identity of the last-known registered owner and/or the lienholders cannot be determined by a request to the appropriate registry in the state in which the vehicle is registered, notice by the certificated tower pursuant to § 39-12.1-4(b) shall be sufficient notice prior to foreclosure of the possessory lien; provided, however, in such instance, no such foreclosure shall occur prior to sixty (60) days after the date of notice by the certificated tower.

(c)  During the sixty-day (60) period described in subsection (b) of this section, provided for in § 39-12.1-9(a), should the last registered and/or legal owner receive actual notice containing the items referred to in subsection (a) of this section, the certificated tower may proceed with lien foreclosure procedures set forth in this chapter.

(d)  Notwithstanding the fact that the last-registered owner of the vehicle proves that the vehicle has been sold to another owner but that the registration has not been transferred, the last-registered owner shall remain primarily liable to the certificated tower for all charges incurred for towing and storage charges less whatever proceeds are realized at the foreclosure sale.

(e)  In the event it shall be determined that failure to locate the last-registered and/or legal owner and/or lienholders was caused by any misinformation furnished by any agency of government, or because of lack of information that a government agency has the legal duty to provide, and providing that the certificated tower shall have exercised its best efforts to locate the last registered and/or legal owner and/or lienholders, the certificated tower shall be absolved of any civil duty to the lawful owner of the vehicle, and shall have complete defense against any criminal charges growing out of the disposal of the vehicle as provided in this section. In this regard, a certificated tower shall rely on the performance of law enforcement to comply with statutes dealing with the reporting of vehicles reported stolen. In addition, proof by the certificated tower of having made inquiry of the appropriate registry in the state in which the vehicle is registered in the manner required by the registry shall constitute best efforts.

History of Section.
P.L. 1994, ch. 328, § 1; P.L. 1997, ch. 326, § 114; P.L. 2020, ch. 79, art. 1, § 6.