AB 303 — Revises provisions relating to the towing of a motor vehicle under certain circumstances. (BDR 58-113)

(Reprinted with amendments adopted on April 19, 2023) FIRST REPRINT A.B.

Existing law provides that if the towing of a motor vehicle is requested by a person other than the owner, an agent of the owner, a law enforcement officer or other person employed to enforce the laws, ordinances and codes of a local government, the operator of the tow car shall not charge any fee or cost for the storage of the motor vehicle until at least 48 hours after the motor vehicle arrives and is registered at the place of storage.

(NRS 706.4477) This bill providesremoves insteadthis thatprovision. an operator is prohibited from charging any fee or cost for the towing of the motor vehicle, including, without limitation, any fee or cost for the removal, impoundment or storage of the motor vehicle, until at least 48 hours after the motor vehicle arrives and is registered at the place of storage.

This bill also provides that an operator who tows a vehicle in violation of thesubject requirementsto ofcertain thispenalties billand orthe chargesowners aof feethe orvehicle costmay inbring violationan ofactionll this bill may be subjectagainst tothe certainoperator penaltiesto andrecover theExistingcosts. law provides that, in certain situations, a registered owner of a motor.

vehicleExisting thatlaw isprovides towedthat isan responsibleowner for the cost of removalreal andproperty storagemay ofnot thehave motora vehicle,vehicle buttowed if,solely forbecause reasonsthe outsideregistration of the owner’svehicle control, he or she is incapableexpired. of paying the normal rate charged for the removal and storage of the towed motor vehicle, the owner may pay a hardship tariff in accordance with regulations adopted by the Nevada Transportation Authority.

(NRS 706.4477) This billbill: sets forth be incapable of paying the normal rate charged for the removal and storage of theto towed motor vehicle.

-(1) *AB303*prohibits –an 2operator –from THEcharging PEOPLEany OFfee THEor STATEcost OFfor NEVADA,the REPRESENTEDtowing INof SENATEa ANDvehicle ASSEMBLY,solely DObecause ENACTthe ASregistration FOLLOWS:of the vehicle is expired;

and (2) provides that the towing of such a vehicle by an operator is a violation subject to the penalties provided for in this bill.

Existing law provides that, in certain situations, a registered owner of a motor vehicle that is towed is responsible for the cost of removal and storage of the motor paying the normal rate charged for the removal and storage of the towed motorapable of vehicle, the owner may pay a hardship tariff in accordance with regulations adopted by the Nevada Transportation Authority.

(NRS 706.4477) This bill revises the - *AB303_R1* – 2 – situations in which an owner may pay a hardship tariff, but limits an owner from paying the hardship tariff more than once per calendar year.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(2) Except as otherwise provided in this subparagraph, if the vehicle is being towed pursuant to subparagraph (1) or (2) of paragraph (b), notify the owner or operator of the vehicle of the tow not less than 48 hours before the tow by affixing to the vehicle a sticker which provides the date and time after which the vehicle will be towed.

- *AB303_R1* – 3 – (II) Three or more times during the immediately preceding 6 months within the same residential complex for any reason, regardless of whether the vehicle was subsequently towed.

- *AB303* – 3 – (2) If the vehicle is not registered pursuant to this chapter or chapter 482 of NRS or in any other state;

An operator may not charge any fee or cost for towing a vehicle in violation of this paragraph.

The towing of a vehicle solely because the registration of the vehicle is expired is a violation of this section, subject to the provisions of the regulations adopted pursuant to subsection 8.

and (b) Subject to the provisions of subsection 7,[7,] 6, is responsible for the cost of removal and storage of the motor vehicle.

- *AB303_R1* – 4 – 6.

An[An operator shall not charge any fee or cost for the [storage] towing of the motor vehicle pursuant to subsection 1, including, without limitation, any fee or cost for the removal, impoundment or storage of the motor vehicle, until at least 48 hours after the motor vehicle arrives and is registered at the place of storage.

- *AB303* – 4 – 7.

TheThe] Except as otherwise provided in subsection 7, the owner of the vehicle shall pay a hardship tariff for the cost of removal and storage of the motor vehicle if:

(a) A vehicle has been towed pursuant to subparagraph (1) or (2) of paragraph (b) of subsection 2 [;] .or sub-subparagraph (II) of subparagraph (3) of paragraph (b) of subsection 2;

and (b) The[The owner of the vehicle does not provide proof that the vehicle was registered pursuant to this chapter or chapter 482 of NRS or in any other state at the time the vehicle was towedtowed; [;

and]and .(c)] The owner, for reasons outside of his or her control , as determined by the regulations adopted pursuant to this section, is incapable of paying the normal rate charged for the removal and storage of the motor vehicle.

(c)[] The7. owner, for reasons outside of his or her control , [as determined by the regulations adopted pursuant to this section,] is incapable of paying the normal rate charged for the removal and storage of the motor vehicle.

[] (d) The owner is incapable of payinga themotor normalvehicle rateis chargedonly forentitled reasonsto outsidepay ofa hishardship ortariff herpursuant controlto ifsubsection the6 owneronce providesper evidencecalendar thatyear. he or she:

(1) Is receiving benefits provided by a federal or state program of public assistance;

(2) Has a household net income which is equal to or less than 200 percent of the federally designated level signifying poverty as provided in the most recent federal poverty guidelines published in the Federal Register by the United States Department of Health and Human Services;

(3) Resides in public housing, as that term is defined in NRS 315.021;

(4) Has expenses for the necessities of life that exceeds his or her income;

or (5) Any other reason established by the Authority in accordance with the regulations adopted pursuant to subsection 8.

The Authority shall adopt regulations to carry out the provisions of this section, including, without limitation, establishing a range of hardship tariffs a person may pay pursuant to [thisthis section]section subsection 7 and setting forth [whatwhat qualifies as a reason]reason any additional reasons that [is]is are outside of the control of the owner.

or - *AB303* – 5 – (2) Parking rule promulgated by the owner or manager of the residential complex that applies to vehicles on the property of the residential complex.

(b) “Provide“Residential proof”complex” includes,means withouta limitation,group providingof currentapartments, registrationcondominiums documentsor intownhomes intended for use as residential units and for which a physicalcommon formatparking orarea inis anprovided, electronicregardless formatof as- set*AB303_R1* forth– in5 NRS– 482.255whether thateach predateresident theor dateunit onhas whichbeen assigned a specific parking space in the vehiclecommon wasparking towed.area.

(c)Sec. “Residential complex” means a group of apartments, condominiums or townhomes intended for use as residential units and for which a common parking area is provided, regardless of whether each resident or unit has been assigned a specific parking spaSec.

H - *AB303**AB303_R1*