2005 Arizona Revised Statutes - Revised Statutes §28-3512  Release of vehicle; definition

A. An immobilizing or impounding agency shall release a vehicle to the owner before the end of the thirty day immobilization or impoundment period under any of the following circumstances:

1. If the vehicle is a stolen vehicle.

2. If the vehicle is subject to bailment and is driven by an employee of a business establishment, including a parking service or repair garage, who is subject to section 28-3511, subsection A or B or C.

3. If the owner presents proof satisfactory to the immobilizing or impounding agency that the owner's driving privilege has been reinstated.

4. All of the following apply:

(a) The owner or the owner's agent was not the person driving the vehicle pursuant to section 28-3511, subsection A.

(b) The owner or the owner's agent is in the business of renting motor vehicles without drivers.

(c) The vehicle is registered pursuant to section 28-2166.

5. For the spouse of the owner or any person who is identified as an owner of the vehicle on the records of the department, if the spouse or person was not the driver of the vehicle at the time of removal and either immobilization or impoundment and the spouse or person enters into an agreement with the immobilizing or impounding agency that stipulates that if the spouse or person allows an unlicensed driver or a driver arrested in violation of section 4-244, paragraph 33 or section 28-1382 or 28-1383 to drive the spouse's or person's vehicle within one year after the agreement is signed, the spouse or person will not be eligible to obtain release of the spouse's or person's vehicle before the end of the thirty day immobilization or impoundment period.

B. A vehicle shall not be released pursuant to subsection A of this section except on order of a justice court, immobilizing agency or impounding agency pursuant to an immobilization or a poststorage hearing under section 28-3514 or on presentation of the owner's or owner's spouse's currently valid driver license to operate the vehicle and proof of current vehicle registration and, if the driving privilege of the person driving the vehicle was suspended due to a previous conviction for driving under the influence pursuant to section 28-1381, subsection K, paragraph 4, section 28-1382 or section 28-1383 and a certified ignition interlock device was required to be installed on the vehicle, on presentation of proof of installation of a functioning certified ignition interlock device in the vehicle. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall allow access to the impounded vehicle for the purpose of installing a certified ignition interlock device. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall not charge a fee for providing access to the vehicle or for the installation of the certified ignition interlock device.

C. The owner is responsible for paying all immobilization, towing and storage charges related to the immobilization or impoundment of the vehicle and any administrative charges established pursuant to section 28-3513, unless the vehicle is stolen and the theft was reported to the appropriate law enforcement agency. If the vehicle is stolen and the theft was reported to the appropriate law enforcement agency, the operator of the vehicle at the time of immobilization or impoundment is responsible for all immobilization, towing, storage and administrative charges.

D. The immobilizing or impounding agency shall release a vehicle to a person, other than the owner, identified on the department's record as having an interest in the vehicle before the end of the thirty day immobilization or impoundment period if all of the following conditions are met:

1. The person is a motor vehicle dealer, bank, credit union or acceptance corporation or any other licensed financial institution legally operating in this state or is another person who is not the owner and who holds a security interest in the vehicle.

2. The person pays all immobilization, towing and storage fees related to the immobilization or impoundment of the vehicle unless the vehicle is stolen and the theft was reported to the appropriate law enforcement agency. If the vehicle is stolen and the theft was reported to the appropriate law enforcement agency, the operator of the vehicle at the time of immobilization or impoundment is responsible for all immobilization, towing, storage and administrative charges.

3. The person presents foreclosure documents or an affidavit of repossession of the vehicle.

E. Before a person described in subsection D of this section releases the vehicle, the person may require the owner to pay charges that the person incurred in connection with obtaining custody of the vehicle, including all immobilization, towing and storage charges that are related to the immobilization or impoundment of the vehicle and any administrative charges that are established pursuant to section 28-3513.

F. A vehicle shall not be released after the end of the thirty day immobilization or impoundment period except on presentation of the owner's or owner's agent's currently valid driver license to operate the vehicle and proof of current vehicle registration and, if the driving privilege of the person driving the vehicle was suspended due to a previous conviction for driving under the influence pursuant to section 28-1381, subsection K, paragraph 4, section 28-1382 or section 28-1383 and a certified ignition interlock device was required to be installed on the vehicle, on presentation of proof of installation of a functioning certified ignition interlock device in the vehicle. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall allow access to the impounded vehicle for the purpose of installing a certified ignition interlock device. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall not charge a fee for providing access to the vehicle or for the installation of the certified ignition interlock device.

G. The storage charges relating to the impoundment of a vehicle pursuant to this section shall either:

1. Be subject to a contractual agreement between the impounding agency and a towing firm for storage services pursuant to section 28-1108.

2. Not exceed fifteen dollars for each day of storage.

H. The immobilizing or impounding agency shall have no lien or possessory interest in a stolen vehicle if the theft was reported to the appropriate law enforcement agency. The immobilizing or impounding agency shall release the vehicle to the owner or person other than the owner as identified in subsection D of this section even if the operator at the time of immobilization or impoundment has not paid all immobilization, towing, storage and administrative fees.

I. For the purposes of this section, "certified ignition interlock device" has the same meaning prescribed in section 28-1301.