NRS706.4479. Duties of operator if motor vehicle towed at request of person other than owner; limitations on certain fees and charges.

      1.  If a motor vehicle is towed at the request of someone other than the owner, or authorized agent of the owner, of the motor vehicle, the operator of the tow car shall, in addition to the requirements set forth in the provisions of chapter 108 of NRS:

      (a) Notify the registered and legal owner of the motor vehicle by certified mail not later than 21 days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following an accident involving the motor vehicle or not later than 15 days after placing any other vehicle in storage:

             (1) Of the location where the motor vehicle is being stored;

             (2) Whether the storage is inside a locked building, in a secured, fenced area or in an unsecured, open area;

             (3) Of the charge for towing and storage;

             (4) Of the date and time the vehicle was placed in storage;

             (5) Of the actions that the registered and legal owner of the vehicle may take to recover the vehicle while incurring the lowest possible liability in accrued assessments, fees, penalties or other charges; and

             (6) Of the opportunity to rebut the presumptions set forth in NRS 487.220 and 706.4477.

      (b) If the identity of the registered and legal owner is not known or readily available, make every reasonable attempt and use all resources reasonably necessary, as evidenced by written documentation, to obtain the identity of the owner and any other necessary information from the agency charged with the registration of the motor vehicle in this State or any other state within:

             (1) Twenty-one days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following an accident involving the motor vehicle; or

             (2) Fifteen days after placing any other motor vehicle in storage.

Ê The operator shall attempt to notify the owner of the vehicle by certified mail as soon as possible, but in no case later than 15 days after identification of the owner is obtained for any motor vehicle.

      2.  If an operator includes in the operator’s tariff a fee to be charged to the registered and legal owner of a vehicle for the towing and storage of the vehicle, the fee may not be charged:

      (a) For more than 21 days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following an accident involving the motor vehicle; or

      (b) For more than 15 days after placing any other vehicle in storage,

Ê unless the operator complies with the requirements set forth in subsection 1.

      3.  If a motor vehicle that is placed in storage was towed at the request of a law enforcement officer following an accident involving the motor vehicle or after having been stolen and subsequently recovered, the operator shall not:

      (a) Satisfy any lien or impose any administrative fee or processing fee with respect to the motor vehicle for the period ending 4 business days after the date on which the motor vehicle was placed in storage; or

      (b) Impose any fee relating to the auction of the motor vehicle until after the operator complies with the notice requirements set forth in NRS 108.265 to 108.367, inclusive.

      (Added to NRS by 1995, 1511; A 1997 1513; 1997, 2683; 2001, 2637; 2005, 703; 2007, 423; 2009, 1306; 2011, 1403; 2013, 2159)