BYUH Vehicle Towing Policy

Transcription

1 PAGE ORDER: 1of 5 DEFINITIONS: BYUH Vehicle Towing Policy An Abandoned Vehicle is any vehicle which is left unattended in the same location on University property for a period of three (3) consecutive days and is without a current state registration or a safety inspection sticker displayed. A Derelict Vehicle is a vehicle which is deemed inoperable because of material damage or the removal of major parts and which has no license plate displayed or from which the vehicle identification number (VIN) has been removed. A Nuisance Vehicle is any vehicle which is parked outside of an approved parking space, in a parking space assigned to another individual, or which adversely affects public safety. The Vehicle Owner is the person listed on the vehicle registration and/or on the vehicle title. Exception: If an individual has transferred possession of a vehicle to another individual and has notified the City and County of Honolulu, through the appropriate procedures, that he or she will no longer be responsible for the vehicle, then the person to whom the vehicle was transferred will be deemed to be the vehicle owner even though the vehicle has not been registered in the name of said transferee. POLICY STATEMENT: Any vehicle driven or parked on University property must have displayed on such vehicle a current registration sticker and a current safety inspection sticker. In addition, any vehicle owned and operated by an employee or student of the University and driven or parked on University property must bear a current parking permit issued by the University Security Office. All vehicles must be parked in approved parking spaces. Vehicles shall not be allowed to be left unattended on University property for a period in excess of three consecutive days except when parked in its assigned private parking space. Violation of this policy may result in removal of the vehicle from University property as herein set forth. The University will comply with the applicable requirements of Hawaii Revised Statues (HRS), Chapter This policy is written for the purpose of minimizing the number of abandoned, derelict, and nuisance vehicles located on University property, to deal with them effectively, and to minimize University expense in connection therewith.

2 PAGE ORDER: 2of 5 PROCEDURES: A. Signage will be installed at the entrances to the University so as to alert those entering University property of these policies related to the removal of vehicles. Signs will read as shown: PRIVATE PROPERTY PARKING BY PERMIT ONLY BRIGHAM YOUNG UNIVERSITY HAWAII PARKING ALLOWED IN DESIGNATED STALLS ONLY UNAUTHORIZED VEHICLES WILL BE TOWED AT OWNER S EXPENSE IN ACCORDANCE WITH SEC HAWAII REVISED STATUTES ACE TOWING 1040 MAKEPONO ST. PH B. The Security Department will be responsible for the monitoring of all vehicles on University property to ensure compliance with this policy. 1. When Security encounters a "Derelict Vehicle, as defined herein, it will arrange with a towing company for the vehicle to be immediately towed from University property. The towing company will be responsible to give notice to the vehicle owner as provided by State law. 2. When Security encounters an Abandoned Vehicle, as defined herein, it will issue a parking citation. If said vehicle remains in the same location for an additional 24 hours, Security will attach to said vehicle a tow away warning sticker and give notice thereof to the Security Chief. (Note: The Chief will designate someone to assume responsibility for this policy in his absence.) If, thereafter, said vehicle continues to remain in the same location for another 24 hours, Security will arrange with a towing company for said vehicle to be towed from University property. Note: If the vehicle appears to have significant value and not purposely abandoned, the Security Chief will, prior to arranging for said vehicle to be towed, attempt to identify the owner of said vehicle by means of any BYUH parking sticker or by checking with the Honolulu Police Department or the State Department of Transportation. If the owner can be identified, the Security Chief will then attempt to contact said owner by telephone or by letter to provide the owner with an explanation of the violation of any University policy and will give said owner a

3 PAGE ORDER: 3of 5 deadline for the resolution of any issues. Said deadline shall not be longer than three days from such telephone call or 5 days from mailing of such notice. After the expiration of said deadline, Security will arrange with a towing company for said vehicle to be towed and processed in accordance with State laws. 3. When Security encounters a "Nuisance Vehicle", as defined herein, it will issue a parking citation. If said vehicle remains in the same location for an additional 24 hours, Security will arrange with a towing company for said vehicle to be towed from University property, provided that, if said vehicle is determined by the Security Chief to be an extreme nuisance because it impedes the free flow of traffic, because it is a safety hazard, or because it has been the object of numerous prior citations issued by the University, then said vehicle may be towed immediately. 4. The Security Office will be responsible to maintain records and logs for all abandoned vehicles. The Physical Plant will be responsible for the payment of the expense incurred as a result of the ordered towing of vehicles pursuant to these policies. However, the owner of any towed vehicle will be charged for the payment of all such expenses including the labor expended by Security and Physical Plant personnel, towing charges, impound fees and other administrative costs. If the owner is a current or former student, an encumbrance will be placed upon said owner's account, limiting registration, transcripts, graduation, etc., from any institution of the LDS Church Education System. The University may also institute legal action against such owner to recover said costs and/or terminate an offending employee.

4 PAGE ORDER: 4of Vehicles left unattended on private and public property; sale or disposition of abandoned vehicles. (a) Notwithstanding any other provision of this chapter, any vehicle left unattended on private or public property without authorization of the owner or occupant of the property, may be towed away at the expense of the owner of the vehicle, by order of the owner, occupant, or person in charge of the property; provided that there is posted a notice prohibiting vehicles to park on the property without authorization. The notice shall state that the vehicle will be towed and held at the expense of the vehicle owner, as well as the name, address, and a telephone number of the facility where the vehicle will be towed and held. The notice shall be of such size and be placed in a location that is clearly visible to the driver of a vehicle approaching any individual marked or unmarked parking space; provided that where an entire parking lot consists of restricted parking spaces, placement of the notice at each entrance of the parking lot shall suffice. (b) Towing companies engaged by the owner, occupant, or person in charge of the property shall: (1) Charge not more than $55 for a tow, or $65 for a tow using a dolly, plus a mileage charge of $6.50 per mile towed and $20 per day or fraction thereof for storage for the first seven days and $15 per day thereafter. When the tow occurs between the hours of six o'clock p.m. and six o'clock a.m., from Monday through Thursday and from Friday six o'clock p.m. to Monday six o'clock a.m., the towing company shall be entitled to an overtime charge of $15. If the vehicle is in the process of being hooked up to the tow truck and the owner appears on the scene before the vehicle has been moved by the tow truck, the towing company shall unhook the vehicle upon payment by the owner of an "unhooking" fee of not more than $50. If the owner is unwilling or unable to pay the "unhooking" fee, the vehicle may be towed. In the case of a difficult hookup, meaning an above or below ground hookup in a multilevel facility, a towing surcharge of $30 shall be applicable; (2) Determine the name of the legal owner and the registered owner of the vehicle from the department of transportation or the county department of finance. The legal owner and the registered owner shall be notified in writing at the address on record with the department of transportation or with the county department of finance by registered or certified mail of the location of the vehicle, together with a description of the vehicle, within a reasonable period not to exceed twenty days following the tow. The notice shall state: (A) The maximum towing charges and fees allowed by law; (B) The telephone number of the consumer information service of the department of commerce and consumer affairs; and (C) That if the vehicle is not recovered within thirty days after the mailing of the notice, the vehicle shall be deemed abandoned and will be sold or disposed of as junk. Where the owners have not been so notified, then the owner may recover the owner's car from the towing company without paying tow or storage fees; provided that the notice need not be sent to a legal or registered owner or any person with an unrecorded interest in the vehicle whose name or address cannot be determined. Absent evidence to the contrary, a notice shall be deemed received by the legal or registered owner five days after the mailing. A person, including but not limited to the owner's or driver's insurer, who has been charged in excess of the charges permitted under this section may sue for damages sustained and, if the judgment is for the plaintiff, the court shall award the plaintiff a sum not to exceed the amount of the damages and reasonable attorney's fees together with the cost of suit; (3) Provide, when a vehicle is recovered by the owner before written notice is sent by registered or certified mail, the owner with a receipt stating: (A) The maximum towing charges and fees allowed by law; and (B) The telephone number of the consumer information service of the department of commerce and consumer affairs; and (4) Accommodate payment by the owner for charges under paragraph (1) by cash and by either credit card or automated teller machine located on the premises. (c) When a vehicle is not recovered within thirty days after the mailing of the notice, it shall be deemed abandoned and the owner of the towing company, or the owner of the towing company's authorized representative, after one public advertisement in a newspaper of general circulation in the State, may negotiate a sale of the vehicle or dispose of it as junk. (d) The authorized seller of the vehicle shall be entitled to the proceeds of the sale to the extent that compensation is due the authorized seller for services rendered in respect to the vehicle, including reasonable and customary charges for towing, handling, storage, and the cost of the notices and advertising required by this part. Any remaining balance shall be forwarded to the legal or registered owner of the vehicle if the legal or registered owner can be found. If the legal or registered owner cannot be found, the balance shall be deposited with the director of finance of the State and shall be paid out to the legal or registered owner of the vehicle if a proper claim is filed therefore within one year from the execution of the sales agreement. If no claim is made within the year allowed, the money shall become a state realization.

5 PAGE ORDER: 5of 5 (e) The transfer of title and interest by sale under this part is a transfer by operation of law; provided that if the certificate of ownership or registration is unavailable, a bill of sale executed by an authorized seller is satisfactory evidence authorizing the transfer of the title or interest. (f) This section shall not apply to a county that has adopted ordinances regulating towing operations. [L 1973, c 148, pt of 1; am L 1976, c 91, 1; am L 1977, c 122, 1; am L 1980, c 172, 1 and c 232, 14; am L 1981, c 82, 20 and c 96, 1; am L 1985, c 180, 1; gen ch 1985; am L 1990, c 165, 2; am L 1991, c 65, 3 and c 144, 1; am L 1992, c 224, 1; am L 1998, c 138, 1, 3; am L 1999, c 259, 1, 3; am L 2000, c 260, 2; am L 2001, c 7, 2; am L 2002, c 59, 1; am L 2003, c 84, 3]