To repeal sections 304.001, 304.155, 304.157 and 304.575, RSMo 1994, and section 301.010, RSMo Supp. 1995, relating to the towing of motor vehicles, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Sections 304.001, 304.155, 304.157 and 304.575, RSMo 1994, and section 301.010, RSMo Supp. 1995, are repealed and seven new sections enacted in lieu thereof to be known as sections 301.010, 304.001, 304.151, 304.155, 304.156, 304.157 and 304.158, to read as follows:

301.010. As used in this chapter and sections 304.010 to 304.040, 304.120 to 304.260, RSMo, and sections 307.010 to 307.175, RSMo, the following terms mean:

(1) All-terrain vehicle , any motorized vehicle manufactured and used exclusively for off-highway use which is fifty inches or less in width, with an unladen dry weight of six hundred pounds or less, traveling on three, four or more low pressure tires, with a seat designed to be straddled by the operator, and handlebars for steering control;

(2) Automobile transporter , any vehicle combination designed and used specifically for the transport of assembled motor vehicles;

(3) Axle load , the total load transmitted to the road by all wheels whose centers are included between two parallel transverse vertical planes forty inches apart, extending across the full width of the vehicle;

(4) Boat transporter , any vehicle combination designed and used specifically to transport assembled boats and boat hulls;

(5) Body shop , a business that repairs physical damage on motor vehicles that are not owned by the shop or its officers or employees by mending, straightening, replacing body parts, or painting;

(6) Bus , a motor vehicle primarily for the transportation of a driver and eight or more passengers but not including shuttle buses;

(7) Commercial motor vehicle , a motor vehicle designed or regularly used for carrying freight and merchandise, or more than eight passengers but not including vanpools or shuttle buses;

(8) Cotton trailer , a trailer designed and used exclusively for transporting cotton at speeds less than forty miles per hour from field to field or from field to market and return;

(9) Dealer , any person, firm, corporation, association, agent or subagent engaged in the sale or exchange of new, used or reconstructed motor vehicles or trailers;

(10) Director or director of revenue , the director of the department of revenue;

(11) Driveaway operation , the movement of a motor vehicle or trailer by any person or motor carrier other than a dealer over any public highway, under its own power singly, or in a fixed combination of two or more vehicles, for the purpose of delivery for sale or for delivery either before or after sale;

(12) Farm tractor , a tractor used exclusively for agricultural purposes;

(13) Fleet , any group of ten or more motor vehicles owned by the same owner;

(14) Fleet vehicle , a motor vehicle which is included as part of a fleet;

(15) Fullmount , a vehicle mounted completely on the frame of either the first or last vehicle in a saddlemount combination;

(16) Gross weight , the weight of vehicle and/or vehicle combination without load, plus the weight of any load thereon;

(17) Hail-damaged vehicle , any vehicle, the body of which has become dented as the result of the impact of hail;

(18) Highway , any public thoroughfare for vehicles, including state roads, county roads and public streets, avenues, boulevards, parkways or alleys in any municipality;

(19) Improved highway , a highway which has been paved with gravel, macadam, concrete, brick or asphalt, or surfaced in such a manner that it shall have a hard, smooth surface;

(20) Intersecting highway , any highway which joins another, whether or not it crosses the same;

(21) Junk vehicle , a vehicle which is incapable of operation or use upon the highways and has no resale value except as a source of parts or scrap, and shall not be titled or registered;

(22) Kit vehicle , a motor vehicle assembled by a person other than a generally recognized manufacturer of motor vehicles by the use of a glider kit or replica purchased from an authorized manufacturer and accompanied by a manufacturer s statement of origin;

(23) Land improvement contractors commercial motor vehicle , any not-for-hire commercial motor vehicle the operation of which is confined to:

(a) An area that extends not more than a radius of one hundred miles from its home base of operations when transporting its owner s machinery, equipment, or auxiliary supplies to or from projects involving soil and water conservation, or to and from equipment dealers maintenance facilities for maintenance purposes; or

(b) An area that extends not more than a radius of twenty-five miles from its home base of operations when transporting its owner s machinery, equipment, or auxiliary supplies to or from projects not involving soil and water conservation. Nothing in this subdivision shall be construed to prevent any motor vehicle from being registered as a commercial motor vehicle or local commercial motor vehicle;

(24) Local commercial motor vehicle , a commercial motor vehicle whose operations are confined solely to a municipality and that area extending not more than fifty miles therefrom, or a commercial motor vehicle whose property-carrying operations are confined solely to the transportation of property owned by any person who is the owner or operator of such vehicle to or from a farm owned by such person or under his control by virtue of a landlord and tenant lease; provided that any such property transported to any such farm is for use in the operation of such farm;

(25) Local transit bus , a bus whose operations are confined wholly within a municipal corporation, or wholly within a municipal corporation and a commercial zone, as defined in section 390.020, RSMo, adjacent thereto, forming a part of a public transportation system within such municipal corporation and such municipal corporation and adjacent commercial zone;

(26) Log truck , a vehicle used exclusively to transport harvested forest products to and from forested sites which is registered under this chapter to operate as a motor vehicle on the public highways of this state for the transportation of harvested forest products;

(27) Major component parts , the rear clip, cowl, frame, body, cab, front-end assembly, and front clip, as those terms are defined by the director of revenue under rules and regulations or by illustrations;

(28) Manufacturer , any person, firm, corporation or association engaged in the business of manufacturing or assembling motor vehicles, trailers or vessels for sale;

(29) Mobile scrap processor , a business located in Missouri or any other state that comes onto a salvage site and crushes motor vehicles and parts for transportation to a shredder or scrap metal operator for recycling;

(30) Motor change vehicle , a vehicle manufactured prior to August 1957, which receives a new, rebuilt or used engine, and which used the number stamped on the original engine as the vehicle identification number;

(31) Motor vehicle , any self-propelled vehicle not operated exclusively upon tracks, except farm tractors;

(32) Motor vehicle primarily for business use , any vehicle other than a recreational motor vehicle, motorcycle, motortricycle, or any commercial motor vehicle licensed for over twelve thousand pounds:

(a) Offered for hire or lease; or

(b) The owner of which also owns ten or more such motor vehicles;

(33) Motorcycle , a motor vehicle operated on two wheels;

(34) Motorized bicycle , any two-wheeled or three-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than fifty cubic centimeters, which produces less than three gross brake horsepower, and is capable of propelling the device at a maximum speed of not more than thirty miles per hour on level ground;

(35) Motortricycle , a motor vehicle operated on three wheels, including a motorcycle while operated with any conveyance, temporary or otherwise, requiring the use of a third wheel. A motortricycle shall not be included in the definition of all-terrain vehicle;

(36) Municipality , any city, town or village, whether incorporated or not;

(37) Nonresident , a resident of a state or country other than the state of Missouri;

(38) Non-USA-std motor vehicle , a motor vehicle not originally manufactured in compliance with United States emissions or safety standards;

(39) Operator , any person who operates or drives a motor vehicle;

(40) Owner , any person, firm, corporation or association, who holds the legal title to a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this law;

(41) Public garage , a place of business where motor vehicles are housed, stored, repaired, reconstructed or repainted for persons other than the owners or operators of such place of business;

(42) Rebuilder , a business that repairs or rebuilds motor vehicles owned by the rebuilder, but does not include certificated common or contract carriers of persons or property;

(43) Reconstructed motor vehicle , a vehicle that is altered from its original construction by the addition or substitution of two or more new or used major component parts, excluding motor vehicles made from all new parts, and new multistage manufactured vehicles;

(44) Recreational motor vehicle , any motor vehicle designed, constructed or substantially modified so that it may be used and is used for the purposes of temporary housing quarters, including therein sleeping and eating facilities which are either permanently attached to the motor vehicle or attached to a unit which is securely attached to the motor vehicle. Nothing herein shall prevent any motor vehicle from being registered as a commercial motor vehicle if the motor vehicle could otherwise be so registered;

(45) Rollback or car carrier , any vehicle specifically designed to transport wrecked, disabled or otherwise inoperable vehicles, when the transportation is directly connected to a wrecker or towing service;

(46) Saddlemount combination , a combination of vehicles in which a truck or truck tractor tows one or more trucks or truck tractors, each connected by a saddle to the frame or fifth wheel of the vehicle in front of it. The saddle is a mechanism that connects the front axle of the towed vehicle to the frame or fifth wheel of the vehicle in front and functions like a fifth wheel kingpin connection. When two vehicles are towed in this manner the combination is called a double saddlemount combination. When three vehicles are towed in this manner, the combination is called a triple saddlemount combination;

(47) Salvage dealer and dismantler , a business that dismantles used motor vehicles for the sale of the parts thereof, and buys and sells used motor vehicle parts and accessories;

(48) Salvage vehicle , a motor vehicle, semitrailer or house trailer which, by reason of condition or circumstance, has been declared salvage, either by its owner, or by a person, firm, corporation, or other legal entity exercising the right of security interest in it, or by an insurance company as a result of settlement of a claim for loss due to damage or theft; or a vehicle, ownership of which is evidenced by a salvage title or a vehicle abandoned and then titled under section 304.155 or 304.157 with the words SALVAGE/ABANDONED VEHICLE ;

(49) School bus , any motor vehicle used solely to transport students to or from school or to transport students to or from any place for educational purposes;

(50) Shuttle bus , a motor vehicle used or maintained by any person, firm, or corporation as an incidental service to transport patrons or customers of the regular business of such person, firm, or corporation to and from the place of business of the person, firm, or corporation providing the service at no fee or charge. Shuttle buses shall not be registered as buses or as commercial motor vehicles;

(51) Special mobile equipment , every self-propelled vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including farm equipment, implements of husbandry, road construction or maintenance machinery, ditch-digging apparatus, stone crushers, air compressors, power shovels, cranes, graders, rollers, well-drillers and wood-sawing equipment used for hire, asphalt spreaders, bituminous mixers, bucket loaders, ditchers, leveling graders, finished machines, motor graders, road rollers, scarifiers, earth-moving carryalls, scrapers, drag lines, rock-drilling and earth-moving equipment. This enumeration shall be deemed partial and shall not operate to exclude other such vehicles which are within the general terms of this section;

(52) Specially constructed motor vehicle , a motor vehicle which shall not have been originally constructed under a distinctive name, make, model or type by a manufacturer of motor vehicles. The term specially constructed motor vehicle includes kit vehicles;

(53) Stinger-steered combination , a truck tractor-semitrailer wherein the fifth wheel is located on a drop frame located behind and below the rearmost axle of the power unit;

(54) Tandem axle , a group of two or more axles, arranged one behind another, the distance between the extremes of which is more than forty inches and not more than ninety-six inches apart;

(55) Tractor , truck tractor or truck-tractor , a self-propelled motor vehicle designed for drawing other vehicles, but not for the carriage of any load when operating independently. When attached to a semitrailer, it supports a part of the weight thereof;

(56) Trailer , any vehicle without motive power designed for carrying property or passengers on its own structure and for being drawn by a self-propelled vehicle, except those running exclusively on tracks, including a semitrailer or vehicle of the trailer type so designed and used in conjunction with a self-propelled vehicle that a considerable part of its own weight rests upon and is carried by the towing vehicle. The term trailer shall not include cotton trailers as defined in subdivision (8) of this section and shall not include manufactured homes as defined in section 700.010, RSMo;

(57) Truck , a motor vehicle designed, used, or maintained for the transportation of property;

(58) Truck-tractor semitrailer-semitrailer , a combination vehicle in which the two trailing units are connected with a B-train assembly which is a rigid frame extension attached to the rear frame of a first semitrailer which allows for a fifth-wheel connection point for the second semitrailer and has one less articulation point than the conventional A dolly connected truck-tractor semitrailer-trailer combination;

(59) Truck-trailer boat transporter combination , a boat transporter combination consisting of a straight truck towing a trailer using typically a ball and socket connection with the trailer axle located substantially at the trailer center of gravity rather than the rear of the trailer but so as to maintain a downward force on the trailer tongue;

(60) Used parts dealer , a business that buys and sells used motor vehicle parts or accessories, but not including a business that sells only new, remanufactured or rebuilt parts. Business does not include isolated sales at a swap meet of less than three days;

(61) Vanpool , any van or other motor vehicle used or maintained by any person, group, firm, corporation, association, city, county or state agency, or any member thereof, for the transportation of not less than eight nor more than forty-eight employees, per motor vehicle, to and from their place of employment; however, a vanpool shall not be included in the definition of the term bus or commercial motor vehicle as defined by subdivisions (6) and (7) of this section, nor shall a vanpool driver be deemed a chauffeur as that term is defined by section 302.010, RSMo; nor shall use of a vanpool vehicle for ride-sharing arrangements, recreational, personal, or maintenance uses constitute an unlicensed use of the motor vehicle, unless used for monetary profit other than for use in a ride-sharing arrangement;

(62) Vehicle , any mechanical device on wheels, designed primarily for use, or used, on highways, except motorized bicycles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, or cotton trailers or motorized wheelchairs operated by handicapped persons;

(63) Wrecker or tow truck , any emergency commercial vehicle equipped, designed and used to assist or render aid and transport or tow disabled or wrecked vehicles from a highway, road, street or highway rights-of-way to a point of storage or repair, including towing a replacement vehicle to replace a disabled or wrecked vehicle;

(64) Wrecker or towing service , the act of transporting, towing or recovering with a wrecker, tow truck, rollback or car carrier any vehicle not owned by the operator of the wrecker, tow truck, rollback or car carrier for which the operator directly or indirectly receives compensation or other personal gain.

304.001. As used in this chapter and chapter 307, RSMo, the following terms shall mean:

(1) Abandoned property , any motor vehicle, trailer or vessel removed or subject to removal from public or private property as provided in sections 304.155 and 304.157, whether or not operational;

(2) Commercial vehicle enforcement officers , employees of the Missouri state highway patrol who are not members of the patrol but who are appointed by the superintendent of the highway patrol to enforce the laws, rules, and regulations pertaining to commercial vehicles, trailers, special mobile equipment and drivers of such vehicles;

[(2)] (3) Commercial vehicle inspectors , employees of the Missouri state highway patrol who are not members of the patrol but who are appointed by the superintendent of the highway patrol to supervise or operate permanent or portable weigh stations in the enforcement of commercial vehicle laws;

(4) Commission , the state highways and transportation commission;

(5) Department , the state highways and transportation department;

(6) Freeway , a divided state highway with four or more lanes, with no access to the throughways except the established interchanges and with no at-grade crossings;

(7) Interstate highway , a state highway included in the national system of interstate highways located within the boundaries of Missouri, as officially designated or as may be hereafter designated by the state highways and transportation commission with the approval of the Secretary of Transportation, pursuant to Title 23, United States Code, as amended;

[(3)] (8) Members of the patrol , the superintendent, lieutenant colonel, majors, captains, director of radio, lieutenants, sergeants, corporals and patrolmen of the Missouri state highway patrol;

[(4)] (9) Off-road vehicle , any vehicle designed for or capable of cross-country travel on or immediately over land, water, ice, snow, marsh, swampland, or other natural terrain without benefit of a road or trail:

(a) Including, without limitation, the following:

a. Jeeps;

b. All-terrain vehicles;

c. Dune buggies;

d. Multiwheel drive or low-pressure tire vehicles;

e. Vehicle using an endless belt, or tread or treads, or a combination of tread and low-pressure tires;

f. Motorcycles, trail bikes, minibikes and related vehicles;

g. Any other means of transportation deriving power from any source other than muscle or wind; and

(b) Excluding the following:

a. Registered motorboats;

b. Aircraft;

c. Any military, fire or law enforcement vehicle;

d. Farm-type tractors and other self-propelled equipment for harvesting and transporting farm or forest products;

e. Any vehicle being used for farm purposes, earth moving, or construction while being used for such purposes on the work site;

f. Self-propelled lawnmowers, or lawn or garden tractors, or golf carts, while being used exclusively for their designed purpose; and

g. Any vehicle being used for the purpose of transporting a handicapped person;

[(5)] (10) Person , any natural person, corporation, or other legal entity.

(11) Right-of- way , the entire width of land between the boundary lines of a state highway, including any roadway;

(12) Roadway , that portion of a state highway ordinarily used for vehicular travel, exclusive of the berm or shoulder;

(13) State highway , a highway constructed or maintained by the state highways and transportation commission with the aid of state funds or United States government funds, or any highway included by authority of law in the state highway system, including all right-of-way;

(14) Towing company , any person or entity which tows, removes or stores abandoned property;

(15) Urbanized area , an area with a population of fifty thousand or more designated by the Bureau of the Census, within boundaries to be fixed by the state highways and transportation commission and local officials in cooperation with each other and approved by the Secretary of Transportation. The boundary of an urbanized area shall, at a minimum, encompass the entire urbanized area as designed by the Bureau of the Census.

304.151. 1. Except in the case of an accident resulting in the injury or death of any person, the driver of a vehicle which for any reason obstructs the regular flow of traffic on the roadway of any state highway shall make every reasonable effort to move the vehicle or have it moved so as not to block the regular flow of traffic.

2. Prior to January 1, 1999, any person who fails to comply with the requirements of this section shall be issued a written warning of the violation in order to inform such persons of the requirements of this section. Beginning January 1, 1999, any person who fails to comply with the requirements of this section is guilty of an infraction and, upon conviction thereof, shall be punished by a fine of not less than ten dollars nor more than fifty dollars.

304.155. 1. Any [member of the state highway patrol, sheriff, or other] law enforcement officer or an officer of a government agency where that agency s real property is concerned, within his jurisdiction may authorize a towing company [service station, towing operator, salvage dealer, or motor vehicle repair shop] to remove to a place of safety:

(1) [Any vehicle from the right-of-way of any highway constructed and maintained by the state highways and transportation commission if the vehicle has been left unattended on the right-of-way for more than forty-eight hours;] Any vehicle or trailer on the right-of-way of:

(a) Any interstate highway or freeway in an urbanized area, left unattended for six hours;

(b) Any interstate highway or freeway outside of an urbanized area, left unattended for forty-eight hours;

(c) Any state highway other than an interstate highway or freeway in an urbanized area, left unattended for more than twelve hours; or

(d) Any state highway other than an interstate highway or freeway outside of an urbanized area, left unattended for more than forty-eight hours;

(2) Any unattended vehicle or trailer illegally left standing upon any highway or bridge if the vehicle is left in a position or under such circumstances as to obstruct the normal movement of traffic where there is no reasonable indication that the person in control of the property is arranging for its immediate control or removal;

(3) Any vehicle or trailer which has been abandoned under section 577.080, RSMo;

(4) Any vehicle, trailer or vessel which has been reported as stolen or taken without consent of the owner;

(5) Any vehicle or vessel for which the person [driving] operating such vehicle or vessel is arrested for an alleged offense for which the officer is required to take the person into custody and where such person is unable to arrange for the vehicle s or vessel s timely removal; [or]

(6) Any vehicle which due to any other state law or local ordinance is subject to towing because of the owner s outstanding traffic or parking violations[.];

(7) Any vehicle or trailer left unattended in violation of a state law or local ordinance where signs have been posted giving notice of the law; or

(8) Any vessel illegally left standing on the waters of this state as defined in section 306.010, RSMo, where the vessel is obstructing the normal movement of vessel traffic, or where the vessel is floating loose on the water and has been unattended for more than twelve hours.

2. The department may immediately remove any abandoned, unattended, wrecked, burned or partially dismantled vehicle, trailer, spilled cargo or other personal property from the roadway of any state highway if the vehicle, trailer, cargo or personal property is creating a traffic hazard because of its position in relation to the state highway. In the event the vehicle creating a traffic hazard is a commercial motor vehicle, as defined in section 302.700, RSMo, the department s authority under this subsection shall be limited to authorizing a towing company to remove the commercial motor vehicle to a place of safety, except that the owner of the commercial motor vehicle or the owner s designated representative shall have a reasonable opportunity to contact a towing company of choice. The provisions of this subsection shall not apply to vehicles transporting any material which has been designated as hazardous under section 5103(a) of title 49, United States Code.

3. Any government agency other than a law enforcement agency authorizing a tow under this section in which the vehicle, trailer or vessel is moved away from the immediate vicinity in which it was abandoned shall report the towing to the state highway patrol within twenty-four hours along with a description of the vehicle, trailer or vessel sufficient to make a criminal inquiry as required in this section.

[2.] 4. Neither the law enforcement officer nor anyone having custody of a vehicle, trailer or vessel under his direction shall be liable for any damage to such vehicle, trailer or vessel occasioned by a removal authorized by [subdivision (1), (3), or (5) of subsection 1 of] this section other than damages occasioned by [gross] negligence or by willful or wanton acts or omissions.

[3.] 5. The owner of a vehicle removed as provided in this section or in section 304.157 shall be responsible for payment of all reasonable charges for towing and storage of such vehicle as provided in section 304.158.

[4.] 6. Upon the towing of any vehicle, trailer or vessel under this section or section 304.157, the law enforcement agency that authorized such towing or was properly notified of such towing shall make an inquiry with the national crime information center and any statewide Missouri law enforcement computer system to determine if the vehicle, trailer or vessel has been reported as stolen and shall enter the information pertaining to the towed property into the statewide law enforcement computer system. The law enforcement agency shall also inspect any towed vehicle, trailer or vessel for which it authorized the tow within forty- eight hours of the removal. The law enforcement [officer who authorized the tow] agency shall submit a crime inquiry and inspection report to the director of revenue within [five] ten working days of the towing of the vehicle, trailer or vessel if it remains unclaimed. [Such] The crime inquiry and inspection report shall include the following:

(1) The year, model, make and [vehicle] identification number of the vehicle, vessel or trailer;

(2) A description of any damage to the vehicle, vessel or trailer noted by the law enforcement officer;

(3) The license [number] plate or registration number and the state of issuance, if available;

(4) The storage location of the towed vehicle, vessel or trailer;

(5) The name, telephone number and address of the [tower] towing company;

(6) The date [of the authorization to tow], place and reason for the towing; [the vehicle; and]

(7) The date of the inquiry of the national crime information center, [and] any statewide Missouri law enforcement computer system and any other similar system which has titling and registration information to determine if the vehicle had been stolen;

(8) The signature and printed name of the law enforcement officer or authorized government employee and the towing operator; and

(9) Any additional information the director of revenue deems appropriate.

[5. The director of revenue shall notify the owner and any holder of a recorded security interest in the towed vehicle of its location, the name and business address of the person who towed the vehicle, and the right of the person who towed the vehicle to obtain a certificate of title on the vehicle if the towing and storage charges are not paid. This notice shall be given within fifteen working days of the receipt of the towing report from the law enforcement agency.]

7. One copy of the crime inquiry and inspection report shall remain with the agency which authorized the tow. One copy shall be retained by the storage facility in an accessible format in the business records for a period of three years from the date of the tow or removal.

[6.] 8. The owner of such vehicle, vessel or trailer, or the holder of a valid security interest of record [thereon which is in default], may reclaim it from the [service station, towing operator, salvage dealer, or motor vehicle repair shop,] towing company upon proof of ownership or valid security interest of record [which is in default] and payment of all reasonable charges for the towing and storage [of the vehicle].

[7.] 9. Any person who removes a motor vehicle, vessel or trailer at the direction of a law enforcement officer as provided in this section shall have a lien for all reasonable charges for the towing and storage of the vehicle, until possession of the vehicle is voluntarily relinquished to the owner of the vehicle, or to the holder of a valid security interest of record [thereon which is in default]. Any personal property within the vehicle [need not] shall be released to the owner thereof [until the reasonable or agreed charges for such recovery, transportation or safekeeping have been paid or satisfactory arrangements for payment have been made, except that personal medical supplies shall be released to the owner thereof] upon request. Such lien shall be enforced in the manner provided under section 304.156. [following manner:

(1) The lienholder in possession shall request the law enforcement agency which authorized the towing to make inquiry with the national crime information center and any statewide Missouri law enforcement computer system to determine if the vehicle had been reported stolen and in whose name the vehicle is registered;

(2) The lienholder in possession shall notify by registered mail, postage prepaid, the owner if known, and any lienholders of record, at their last known addresses, that application for a certificate of title will be made unless the owner or lienholder of record makes satisfactory arrangements with the person holding the vehicle for payment of towing and storage within thirty days of the mailing of the notice. This notice shall be supplied by the use of a form designed and provided by the director of revenue;

(3) Thirty days after the notification form has been mailed and the vehicle is unredeemed and no satisfactory arrangement has been made with the lienholder in possession for continued storage, the lienholder in possession may apply to the director of revenue for a certificate of title if the towed vehicle is titled in Missouri. The application shall be accompanied by:

(a) The original or a conformed or photostatic copy of the written report of the law enforcement officer authorizing the tow;

(b) An affidavit of the lienholder in possession that he has been in possession of the towed vehicle for thirty days and that the owner has failed to make arrangements for payment of towing and storage charges;

(c) A copy of the receipt indicating that the owner or lienholder of record has received the notice required by subdivision (2) of this subsection;

(d) An inspection certificate shall be completed by the officer who authorized the tow on a form provided by the department of revenue. If the officer who authorized the tow is not available to inspect the vehicle and complete the certificate, the law enforcement agency which authorized the tow may designate another officer to inspect the vehicle and complete the form. The inspection shall be made at least thirty days after the date of towing. The inspection certificate shall be dated to reflect the date of the inspection. For titles requested pursuant to this section, no fee shall be required.

8. If a certificate of ownership has not been previously issued in Missouri on the towed vehicle, the lienholder in possession of the vehicle shall obtain ownership verification from the state in which the vehicle was last registered or titled, if known. If the lienholder is unable to determine the last known state of issuance of certificate of ownership or registration, he shall request ownership verification through any available nationwide network of vehicle records and shall notify the last owner of record and lienholder. The lienholder, upon notification of the last owner and any lienholder of record, shall comply with subsection 7 of this section before a certificate of ownership is issued.

9. Upon proof of the foregoing by proper affidavit, the director of revenue shall, if requested, issue a new certificate of title to the lienholder in possession.]

10. [Towing operators, service stations, salvage dealers, or motor vehicle repair shops who tow or store vehicles according to this section] Towing companies shall keep a record for three years on each vehicle towed and not reclaimed by the owner of the vehicle. Such record shall contain a copy of the law enforcement officer s authorization to tow, copies of all correspondence with the department of revenue concerning the vehicle, and information concerning the final disposition of the possession of the vehicle.

[11. Except for the provisions of subdivisions (4) and (6) of subsection 1 of this section, this section shall not apply to municipalities or counties having ordinances regulating the removal, sale and licensing of vehicles. Municipalities or counties having such ordinances shall file a copy of the ordinances with the department of revenue.

12. Any other provision of law to the contrary notwithstanding, any municipality or county which sells an abandoned vehicle in accordance with a local ordinance may transfer ownership by means of a bill of sale signed by the municipal or county clerk or deputy and sealed with the official municipal or county seal. Such bill of sale shall contain the make and model of the vehicle, the complete vehicle identification number and the odometer reading of the vehicle and shall be lawful proof of ownership for any dealer registered under the provisions of section 301.218 or 301.251, RSMo, or for any other person. Any dealer or other person purchasing such a vehicle from a municipality or county shall apply within thirty days of purchase for a certificate of ownership as provided in section 301.190, RSMo, or for a junking certificate as provided in section 301.227, RSMo. Anyone convicted of a violation of this section shall be guilty of an infraction.]

304.156. 1. Within five working days of receipt of the crime inquiry and inspection report under section 304.155 or the abandoned property report under section 304.157, the director of revenue shall search the records of the department of revenue, or initiate an inquiry with another state, if the evidence presented indicated the abandoned property was registered or titled in another state, to determine the name and address of the owner and lienholder, if any. After ascertaining the name and address of the owner and lienholder, if any, the department shall, within fifteen days of receipt of the report, notify the towing company. Any towing company which comes into possession of abandoned property pursuant to section 304.155 or 304.157 and who claims a lien for recovering, towing or storing abandoned property shall give notice to the title owner and to all persons claiming a lien thereon, as disclosed by the records of department of revenue or of a corresponding agency in any other state. The towing company shall notify the owner and lienholder within ten business days of the date of mailing indicated on the notice sent by the department of revenue, by certified mail, return receipt requested. The notice shall contain the following:

(1) The name, address and telephone number of the storage facility;

(2) The date, reason and place from which the abandoned property was removed;

(3) A statement that the amount of the accrued towing, storage and administrative costs are the responsibility of the owner, and that storage and/or administrative costs will continue to accrue as a legal liability of the owner until the abandoned property is redeemed;

(4) A statement that the storage firm claims a possessory lien for all such charges;

(5) A statement that the owner or holder of a valid security interest of record may retake possession of the abandoned property at any time during business hours by proving ownership or rights to a secured interest and paying all towing and storage charges;

(6) A statement that, should the owner consider that the towing or removal was improper or not legally justified, the owner has a right to request a hearing as provided in this section to contest the propriety of such towing or removal;

(7) A statement that if the abandoned property remains unclaimed for thirty days from the date of mailing the notice, title to the abandoned property will be transferred to the person or firm in possession of the abandoned property free of all prior liens; and

(8) A statement that any charges in excess of the value of the abandoned property at the time of such transfer shall remain a liability of the owner.

2. No storage charges may be imposed after the abandoned property has been stored for fourteen days unless the notice required in subsection 1 of this section has been sent to the owner and lienholders.

3. In the event that the records of the department of revenue fail to disclose the name(s) of the owner or any lienholder(s) of record, the department shall notify the towing company which shall attempt to locate documents or other evidence of ownership on or within the abandoned property itself. The towing company must certify that a physical search of the abandoned property disclosed no ownership documents were found and a good faith effort has been made. For purposes of this section, good faith effort means that the following checks have been performed by the company to establish the prior state of registration and title:

(1) Check of the abandoned property for any type of license plates, license plate record, temporary permit, inspection sticker, decal or other evidence which may indicate a state of possible registration and title;

(2) Check the law enforcement report for a license plate number if the vehicle was towed at the request of a law enforcement agency;

(3) Check the tow ticket/report of the tow truck operator to see if a license plate was on the abandoned property at the beginning of the tow, if a private tow; and

(4) If there is no address of the owner on the impound report, check the law enforcement report to see if an out-of-state address is indicated on the driver license information.

4. If no ownership information is discovered, the director of revenue shall be notified in writing and title obtained in accordance with subsection 7 of this section.

5. (1) The owner of the abandoned property removed pursuant to the provisions of section 304.155 or 304.157 or any person claiming a lien, other than the towing company, within ten days after receipt of notification from the towing company pursuant to subsection 1 of this section, may file a petition in the associate circuit court in the county where the abandoned property is stored to determine if the abandoned property was wrongfully taken or withheld from the owner. The petition shall name the towing company among the defendants. The director of revenue shall not be a party to such petition but a copy of the petition shall be served on the director of revenue who shall not issue title to such vehicle pursuant to this section until the petition is finally decided.

(2) Upon filing of a petition in the associate circuit court, the owner or lienholder may have the abandoned property released upon posting with the court a cash or surety bond or other adequate security equal to the amount of the charges for towing or storage to ensure the payment of such charges in the event he does not prevail. Upon the posting of the bond and the payment of the applicable fees, the court shall issue an order notifying the towing company of the posting of the bond and directing the towing company to release the abandoned property. At the time of such release, after reasonable inspection, the owner or lienholder shall give a receipt to the towing company reciting any claims for loss or damage to the abandoned property or the contents thereof.

(3) Upon determining the respective rights of the parties, the final order of the court shall provide for immediate payment in full of recovery, towing, and storage fees by the abandoned property owner or lienholder or the agency ordering the tow, or the owner, lessee, or agent thereof of the real property from which the abandoned property was removed.

6. A towing and/or storage lien shall be enforced as provided in subsection 7 of this section.

7. Thirty days after the notification form has been mailed to the abandoned property owner and holder of a security agreement and the property is unredeemed and no satisfactory arrangement has been made with the lienholder in possession for continued storage, and the owner or holder of a security agreement has not requested a hearing as provided in subsection 5 of this section, the lienholder in possession may apply to the director of revenue for a salvage certificate of title designated with the words SALVAGE/ABANDONED VEHICLE or junking certificate based on the condition of the abandoned property as stated in the abandoned property report or the crime inquiry and inspection report. The application for title shall be accompanied by:

(1) An affidavit from the lienholder in possession that he has been in possession of the abandoned property for at least thirty days and the owner of the abandoned property or holder of a security agreement has not made arrangements for payment of towing and storage charges;

(2) An affidavit that the lienholder in possession has not been notified of any application for hearing as provided in this section;

(3) A copy of the abandoned property report or crime inquiry and inspection report;

(4) A copy of the receipt indicating that the owner and lienholder of record has received notice as required in this section; and

(5) A fee of $10.00.

8. If notice to the owner and holder of a security agreement has been returned marked not forwardable or addressee unknown , the lienholder in possession shall comply with subsection 3 of this section.

9. Any municipality or county may adopt an ordinance regulating the removal and sale of abandoned property provided such ordinance is consistent with sections 304.155 to 304.158 and provides procedural rights, responsibilities and protections for vehicle owners and real property owners at least as strong as those provided under sections 304.155 to 304.158.

10. Any municipality or county which sells an abandoned vehicle in accordance with a local ordinance may transfer ownership by means of a bill of sale signed by the municipal or county clerk or deputy and sealed with the official municipal or county seal. Such bill of sale shall contain the make and model of the vehicle, the complete vehicle identification number and the odometer reading of the vehicle and shall be lawful proof of ownership for any dealer registered under the provisions of section 301.550 or 301.572, RSMo, or for any other person. Any dealer or other person purchasing such a vehicle from a municipality or county shall apply within thirty days of purchase for a junking certificate or salvage certificate of title designated with the words SALVAGE/ABANDONED VEHICLE as provided in section 301.227, RSMo. Anyone convicted of a violation of this section shall be guilty of an infraction.

11. Any persons who have towed abandoned property prior to the effective date of this section may, within one year after the effective date, apply to the department of revenue for either a junking certificate or a salvage certificate of title designated with the words SALVAGE/ABANDONED VEHICLE to such property. The application shall be accompanied by:

(1) A notarized affidavit explaining the circumstances by which the abandoned property came into their possession, including the name of the owner or possessor of real property from which the abandoned property was removed, if the item was removed from real property;

(2) The date of the removal;

(3) The current location of the abandoned property;

(4) An inspection of the abandoned property as prescribed in section 304.155;

(5) A copy of the thirty day notice given by certified mail to any owner and person holding a valid security interest of record and a copy of the certified mail receipt; and

(6) In the case of a salvage certificate of title, a fee of ten dollars.

12. If the director is satisfied with the genuineness of the application and supporting documents submitted under this section, he shall issue a salvage certificate of title designated with the words SALVAGE/ABANDONED VEHICLE or a junking certificate.

304.157. 1. If a person abandons a vehicle or trailer, as defined in section 301.010, RSMo, on any real property owned by another without the consent of the owner or person in possession of the property, at the request of the person in possession of the real property, any member of the state highway patrol, sheriff, or other law enforcement officer within his jurisdiction may authorize a [service station, towing operator, salvage dealer, or vehicle repair shop] towing company to remove such vehicle or trailer from the property in the following circumstances:[. For purposes of this section, a person abandons a vehicle if he leaves]

(1) The vehicle or trailer is left unattended for more than forty-eight hours[, or less if the abandoned vehicle,]; or

(2) In the judgment of a law enforcement officer, the vehicle or trailer constitutes a safety hazard or unreasonably interferes with the use of the real property by the person in possession. [The law enforcement officer shall have no authority to remove a vehicle from real property owned by another prior to the expiration of forty-eight hours after the vehicle is placed on the property or notice given by the owner of the property, unless the abandoned vehicle, in the judgment of the law enforcement officer, constitutes a safety hazard or unreasonably interferes with the use of the real property by the person in possession. The owner of a vehicle removed as provided in this section shall be responsible for payment of all reasonable charges for towing and storage of such vehicle.]

2. The owner of real property or lessee in lawful possession of the real property may authorize a towing company to remove a vehicle without authorization by a law enforcement officer only when the owner or lessee is present and only under any of the following circumstances:

(1) There is displayed, in plain view at all entrances to the property, a sign not less than seventeen by twenty-two inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that unauthorized vehicles will be removed at the owner s expense, disclosing the maximum fee for all charges related to towing and storage, and containing the telephone number of the local traffic law enforcement agency where information can be obtained;

(2) The vehicle is on private property and lacks an engine, transmission, wheels, tires, doors, windshield or any other major part or equipment necessary to operate safely on the highways, the owner or lessee of the private property has notified the city police or county sheriff, as appropriate, and ninety-six hours have elapsed since that notification; or

(3) The vehicle is left unattended on private property, and the owner or lessee in lawful possession of the real property has notified the appropriate law enforcement agency, and thirty days have elapsed since that notification.

3. Any owner or lessee in lawful possession of real property that is notifying a law enforcement agency as required under subdivision (2) or (3) of subsection 2 must file an abandoned property report at that time with the appropriate law enforcement agency where the property is located. The report shall contain the following:

(1) The year, model, make and vehicle identification number of the property;

(2) A description of any damage to the property noted by the owner or lessee in possession of the real property;

(3) The license plate or registration number and the state of issuance, if available;

(4) The physical location of the property and the reason for requesting the property to be towed;

(5) The date the report is completed;

(6) The signature and printed name of the owner or lessee in possession of the real property; and

(7) The name of the law enforcement agency notified of the abandoned property; the name of the person receiving the report and the reference number of the report.

4. A copy of the abandoned property report shall be given to the towing company at the time of the tow. Any towing company which tows a vehicle or trailer without authorization from a law enforcement officer shall report the event and the circumstances to the local law enforcement agency where the abandoned property report was filed within twenty-four hours of the tow.

5. The law enforcement agency receiving such abandoned property report must record the date the abandoned property report is filed with such agency and within five days of such filing make an inquiry into the national crime information center and any statewide Missouri law enforcement computer system to determine if the vehicle, trailer or vessel has been reported as stolen. The law enforcement agency shall enter the information pertaining to the towed property into the statewide law enforcement computer system. Any law enforcement agency receiving notification that a vehicle, trailer or vessel has been towed by a towing company shall record the date the property was towed and shall forward a copy of the abandoned property report to the director of revenue.

[2.] 6. Neither the law enforcement officer nor anyone having custody of a vehicle, vessel or trailer under his direction shall be liable for any damage to such vehicle, vessel or trailer occasioned by a removal authorized by this section other than damages occasioned by [gross] negligence or by willful or wanton acts or omissions.

7. A lien for charges for towing and storage shall be enforced as required under sections 304.155, 304.156 and 304.158.

[3. Upon the towing of any vehicle under this section the law enforcement agency that authorized such towing shall make any inquiry with the national crime information center and any statewide Missouri law enforcement computer system to determine if the vehicle has been reported as stolen. The law enforcement officer who authorized the tow shall submit a report to the director of revenue within five working days of the towing of the vehicle. Such report shall include the following:

(1) The year, model, make and vehicle identification number of the vehicle;

(2) A description of any damage to the vehicle noted by the law enforcement officer;

(3) The license number;

(4) The storage location of the towed vehicle;

(5) The name and address of the tower;

(6) The date of the authorization to tow the vehicle; and

(7) The date of the inquiry of the national crime information center and any statewide Missouri law enforcement computer system to determine if the vehicle had been stolen.

4. The director of revenue shall notify the owner and any holder of a security interest in the towed vehicle of its location, the name and business address of the person who towed the vehicle, and the right of the person who towed the vehicle to obtain a certificate of title on the vehicle if the towing and storage charges are not paid. This notice shall be given within fifteen working days of the receipt of the towing report from the law enforcement agency.

5. The owner of such vehicle, or the holder of a valid security interest thereon which is in default, may reclaim it from the service station, towing operator, salvage dealer, or motor vehicle repair shop, upon proof of ownership or valid security interest which is in default and payment of all reasonable charges for the towing and storage of the vehicle.

6. Any person who removes a vehicle at the direction of a law enforcement officer as provided in this section shall have a lien for all reasonable charges for the towing and storage of the vehicle, until possession of the vehicle is voluntarily relinquished to the owner of the vehicle, or to the holder of a valid security interest thereon which is in default. Any personal property within the vehicle need not be released to the owner thereof until the reasonable or agreed charges for such recovery, transportation or safekeeping have been paid or satisfactory arrangements for payment have been made, except that personal medical supplies shall be released to the owner thereof upon request. If the vehicle is titled in Missouri, such lien shall be enforced in the following manner:

(1) The lienholder in possession shall request the law enforcement agency which authorized the towing to make inquiry with the national crime information center and any statewide Missouri law enforcement computer system to determine if the vehicle had been reported stolen and in whose name the vehicle was registered;

(2) The lienholder in possession shall notify by registered mail, postage prepaid, the owner if known, and any lienholders of record, at their last known addresses, that application for a certificate of title will be made unless the owner or lienholder of record makes satisfactory arrangements with the person holding the vehicle for payment of towing and storage within sixty days of the mailing of the notice. This notice shall be supplied by the use of a form designed and provided by the director of revenue;

(3) Sixty days after the notification form has been mailed and the vehicle is unredeemed and no satisfactory arrangement has been made with the lienholder in possession for continued storage, the lienholder in possession may apply to the director of revenue for a certificate of title. The application shall be accompanied by:

(a) The original or a conformed or photostatic copy of the written request of the law enforcement officer authorizing the tow;

(b) An affidavit of the lienholder in possession that he has been in possession of the towed vehicle for sixty days and that the owner has failed to make arrangements for payment of towing and storage charges;

(c) A copy of the receipt indicating that the owner or lienholder of record has received the notice required by subdivision (2) of this subsection;

(d) An inspection certificate shall be completed by the officer who authorized the tow on a form provided by the department of revenue. If the officer who authorized the tow is not available to inspect the vehicle and complete the certificate, the law enforcement agency which authorized the tow may designate another officer to inspect the vehicle and complete the form. The inspection shall be made at least sixty days after the date of towing. The inspection certificate shall be dated to reflect the date of the inspection;

(e) A fee of seven dollars and fifty cents.

7. Upon proof of the foregoing by proper affidavit, the director of revenue shall, if requested, issue a new certificate of title to the lienholder in possession.

8. Towing operators, service stations, salvage dealers, or motor vehicle repair shops which tow or store vehicles according to this section shall keep a record for three years on each vehicle towed and not reclaimed by the owner of the vehicle. Such record shall contain a copy of the law enforcement officer s authorization to tow, copies of all correspondence with the department of revenue concerning the vehicle, and information concerning the final disposition of the possession of the vehicle.

9. This section shall not apply in cities having ordinances regulating the removal, sale, and licensing of abandoned vehicles.]

304.158. 1. The person or agency causing removal of any abandoned property under section 304.155 or 304.157 shall if the person or agency knows the registered owner or lienholder, within five working days, give notice in writing to the registered owner and any lienholder of the fact of the removal, the grounds for the removal, and indicate the place to which the property has been removed. If the abandoned property is stored in any storage facility, a copy of the notice shall be given to the operator of the facility. The notice provided for in this section shall include the amount of mileage shown on the vehicle at the time of removal.

2. Any owner of any private real estate causing the removal of abandoned property from that real estate shall state the grounds for the removal of the vehicle if requested by the registered owner of that vehicle. Any towing company that lawfully removes a vehicle from private property with the written authorization of the property owner or the property owner s agent who is present at the time of removal shall not be held responsible in any situation relating to the validity of the removal. Any towing company that removes abandoned property at the direction of the landowner shall be responsible for:

(1) Any damage caused by the towing company to the property in the transit and subsequent storage of the property; and

(2) The removal of a vehicle other than the vehicle specified by the owner of the private property from which the vehicle was removed.

3. The owner of a vehicle removed from private property may recover for any damage to the vehicle resulting from any act of any person causing the removal of, or removing, the vehicle.

4. Any owner of any private property causing the removal of a vehicle parked on that property is liable to the owner of the vehicle for double the storage or towing charges whenever there has been a failure to comply with the requirements of this section or to state the grounds for the removal of the vehicle if requested by the registered owner of the vehicle as required by subsection 2 of this section.

5. Any towing company which tows motor vehicles or trailers for hire shall have the towing company s name, city and state clearly printed in letters at least three inches in height on the sides of the truck, wrecker or other vehicle used in the towing.

6. A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner of private property or that owner s agent pursuant to this section if the owner of the vehicle or the owner s agent returns to the vehicle before it is removed from the private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit.

7. Persons operating or in charge of any storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing and storage by a registered owner or the owner s agent claiming the vehicle. A person operating or in charge of any storage facility who refuses to accept a valid bank credit card is liable to the registered owner of the vehicle for four times the amount of the towing and storage charges, but not to exceed five hundred dollars. In addition, persons operating or in charge of the storage facility shall have sufficient moneys on the premises to accommodate, and make change in, a reasonable monetary transaction.

8. A towing company shall not remove or commence the removal of a vehicle from private property without first obtaining written authorization from the property owner or law enforcement agency that shall be present at the time of removal. All written authorizations shall be maintained for at least one year by the towing company. General authorization to remove or commence removal of a vehicle at the towing company s discretion shall not be delegated to a towing company or its affiliates except in the case of a vehicle unlawfully parked within fifteen feet of a fire hydrant or in a fire lane designated by a fire department or the state fire marshall.

9. Any towing company, or any affiliate of a towing company, which removes, or commences removal of, a vehicle from private property without first obtaining written authorization from the property owner or lessee, or an employee or agent thereof, who is present at the time of removal or commencement of the removal, except as permitted in subsection 8 of this section, is liable to the owner of the vehicle for four times the amount of the towing and storage charges, in addition to any applicable criminal penalty, for a violation of this section.

10. Any county, city, town or village may enact ordinances or orders which are consistent with sections 304.155 to 304.158 and which may specify maximum reasonable towing, storage and other charges which can be imposed by towing and storage companies operating within the governmental entity s jurisdiction.

11. Any person who knowingly violates any provision of sections 304.155 to 304.158 shall be guilty of a class A misdemeanor. Any violation of the provisions of section 304.158 shall constitute a violation of the provisions of section 407.020, RSMo. In any proceeding brought by the attorney general for a violation of the provisions of section 304.158, the court may, in addition to imposing the penalties provided for in section 304.158 order the revocation or suspension of the registration or license of the towing company.

[< /b>30 4.575. 1. Any vehicl e over ten years of age which is aban doned on priva te prope rty for seven days after reque st for remo val under sectio n 304.1 57 may be towed by a servic e statio n, towin g opera tor or a salva ge busin ess dealer licens ed under sectio n 301.2 18, RSMo , at the writte n autho rizati on of the owner or lessee of the prope rty. Such busin ess shall be liable only for dama ge cause d to such vehicl e by gross negli gence or willfu l acts or omiss ions.< p> 2. T he owner of the vehicl e remo ved shall be respo nsible for all reaso nable towin g and stora ge charg es. T he perso n or busin ess towin g the vehicl e shall have a lien for all reaso nable towin g and stora ge charg es, if any, until posse ssion of the vehicl e is volun tarily relinq uishe d to the owner of the vehicl e or to the holde r of a valid securi ty intere st of recor d. A ny perso nal prope rty withi n the vehicl e need not be releas ed to the owner there of until the reaso nable or agree d charg es for such recov ery, trans porta tion or safek eepin g have been paid or satisf actory arran geme nts for paym ent have been made, excep t that perso nal medic al suppl ies shall be releas ed to the owner there of upon reque st.

3. U pon towin g a vehicl e under this sectio n, the tower shall send a report to the direct or of reven ue, inclu ding the follow ing:< p> (1) T he year, model , make and vehicl e identi ficati on numb er of the vehicl e;

(2) T he licens e plate numb er, if avail able;

(3 ) Th e stora ge locati on of the towed vehicl e;

(4) T he name and addre ss of the tower ;

( 5) T he name and addre ss of the perso n reque sting the tow of the vehicl e and the date of the reque st; and< p> (6) A descri ption of dama ge to the vehicl e.

4. T he direct or of reven ue shall make an inqui ry with the natio nal crime infor matio n center and any state wide Misso uri law enfor ceme nt comp uter syste m to deter mine if the vehicl e has been repor ted as stolen . If the vehicl e has been repor ted as stolen , the direct or shall notify the appro priate law enfor ceme nt offici als and the tower . The direct or of reven ue shall notify the tower of the name s of the last title holde r and any perso ns holdi ng valid securi ty intere sts of record at no fee. This infor matio n shall be sent withi n fiftee n worki ng days of the inqui ry by the tower . The tower shall then notify the last title holde r and any perso ns holdi ng valid securi ty intere sts of record by certifi ed mail of the follow ing: the locati on of the vehicl e; the name and addre ss of the tower; the towin g and stora ge charg es due; and the right of the tower to obtai n a certifi cate of owner ship if the towin g and stora ge charg es are not paid withi n thirty days.

5. The owner of the towed vehicl e, or the holde r of a valid securi ty intere st of recor d, may reclai m the vehicl e upon proof of owner ship or securi ty intere st and paym ent of reaso nable towin g and stora ge charg es to the tower .

6 . The lienh older may apply for a junki ng certifi cate or a salva ge certifi cate of title if neith er the vehicl e owner nor any holde r of a valid securi ty intere st have claim ed the vehicl e withi n thirty days after the delive ry of the notice by certifi ed mail. The applic ation shall be accom panie d by the retur n receip t(s) of the notice (s) sent by certifi ed mail, by a copy of the writte n autho rizati on of the owner or lessee to the tower for remo val of the vehicl e, by an affida vit of the lienh older that the owner and/o r securi ty intere st holde r has failed to pay the applic able charg es withi n thirty days after delive ry of the notice (s) by certifi ed mail and, in the case of a salva ge certifi cate of owner ship, a fee of seven dollar s and fifty cents. The direct or of reven ue shall issue the appro priate certifi cate of owner ship upon receip t of the foreg oing.

7. Tow ers of vehicl es under this sectio n shall maint ain a record for three years on each vehicl e towed and not reclai med. Thes e recor ds shall conta in copies of all corres ponde nce with the depar tment of reven ue conce rning the vehicl e and infor matio n conce rning the final dispo sition of the vehicl e.

8. A ny perso ns who have towed vehicl es over ten years of age, aban doned on priva te prope rty, prior to July 1, 1989, may, withi n one year after July 1, 1989, apply to the depar tment of reven ue for either a junki ng certifi cate or a salva ge certifi cate of title. The applic ation shall be accom panie d by: a notar ized affida vit expla ining the circu msta nces by which the vehicl e came into their posse ssion, inclu ding the name of the owner or lessee of the prope rty from which the vehicl e was remo ved, the date of remo val, and the curre nt locati on of the vehicl e; a report in accor dance with subse ction 3 of this sectio n; the thirty -day notice given by certifi ed mail to any owner or perso n holdi ng valid securi ty intere st of recor d; and, in the case of a salva ge certifi cate of title, a fee of seven dollar s and fifty cents. The direct or of reven ue shall issue the appro priate certifi cate upon receip t of the foreg oing. ]< /b>