2012 Kentucky Revised Statutes CHAPTER 376 STATUTORY LIENS 376.275 Lien on motor vehicles for storage or towing charges -- Attempt to notify registered owner.
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376.275 Lien on motor vehicles for storage or towing charges -- Attempt to notify
registered owner.
(1)
(2)
(3)
(4)
When a motor vehicle has been involuntarily towed or transported pursuant to order
of police, other public authority, or private person or business for any reason or
when the vehicle has been stolen or misappropriated and its removal from the
public ways has been ordered by police, other public authority, or by private person
or business, or in any other situation where a motor vehicle has been involuntarily
towed or transported by order of police, other authority, or by private person or
business, the police, other authority, private person or business shall attempt to
ascertain from the Transportation Cabinet the identity of the registered owner of the
motor vehicle or lessor of a motor carrier as defined in KRS Chapter 281 and within
ten (10) business days of the removal shall, by certified mail, attempt to notify the
registered owner at the address of record of the make, model, license number and
vehicle identification number of the vehicle and of the location of the vehicle, and
the requirements for securing the release of said motor vehicle.
If a vehicle described in subsection (1) of this section is placed in a garage or other
storage facility, the owner of the facility shall attempt to provide the notice provided
in subsection (1) of this section, by certified mail, to the registered owner at the
address of record of the motor vehicle or lessor of a motor carrier as defined in KRS
Chapter 281 within ten (10) business days of recovery of, or taking possession of
the motor vehicle. The notice shall contain the information as to the make, model,
license number and vehicle identification number of the vehicle, the location of the
vehicle and the amount of reasonable charges due on the vehicle. When the owner
of the facility fails to provide notice as provided herein, the motor vehicle storage
facility shall forfeit all storage fees accrued after ten (10) business days from the
date of tow. This subsection shall not apply to a garage or storage facility owned or
operated by a government entity.
Any person engaged in the business of storing or towing motor vehicles, who has
substantially complied with the aforementioned requirements of this section, shall
have a lien on the motor vehicle, for the reasonable or agreed charges for storing or
towing the vehicle, as long as it remains in his possession. If after a period of fortyfive (45) days the reasonable or agreed charges for storing or towing a motor
vehicle have not been paid, the motor vehicle may be sold to pay the charges after
the owner has been notified by certified mail ten (10) days prior to the time and
place of the sale. If the proceeds of the sale of any vehicle pursuant to this section
are insufficient to satisfy accrued charges for towing, transporting, and storage, the
sale and collection of proceeds shall not constitute a waiver or release of
responsibility for payment of unpaid towing, transporting, and storage charges by
the owner or responsible casualty insurer of the vehicle. This lien shall be subject to
prior recorded liens.
The provisions of this section shall not apply when a local government causes a
vehicle to be towed pursuant to KRS 82.605 to 82.640 or if state government causes
a vehicle to be towed.
Effective: July 13, 1990
History: Amended 1990 Ky. Acts ch. 9, sec. 1, effective July 13, 1990. -- Amended
1986 Ky. Acts ch. 238, sec. 1, effective July 15, 1986. -- Created 1962 Ky. Acts
ch. 20, sec. 1.
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