Guam § 12104 - Towing Notice Requirements; Cost Responsibilities.

§ 12104. Towing Notice Requirements; Cost Responsibilities.

(a) Unless a vehicle is impounded under § 3606 of Article 6, Chapter

3 of this Title 16, after performing a tow truck service, the person operating

the tow truck business shall:

(1) complete a vehicle condition report, as defined in § 12101(f)

of this Chapter;

(2) within one (1) hour of arriving at the place of storage or

impound of the vehicle, contact the law enforcement agency having

jurisdiction over the area from which the vehicle was towed and notify

the agency of the:

(A) location of the vehicle;

(B) date, time, and location from which the vehicle was

removed;

(C) reasons for the removal of the vehicle;

(D) person who requested the removal of the vehicle; and

(E) vehicle’s description, including its identification number

and license number; and

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(3) within seven (7) days of performing the tow truck service,

make reasonable efforts via phone call to the last known phone number

of the legal owner, registered owner, vehicle insurer and lienholder

(obtained from the DRT Division of Motor Vehicles) and send a

certified letter to the last known address of the legal owner, registered

owner, vehicle insurer and lienholder, where applicable, of the vehicle

(obtained from the DRT Division of Motor Vehicles), notifying them of

the:

(A) location of vehicle;

(B) date, time, and location from which the vehicle was

removed;

(C) reasons for the removal of the vehicle;

(D) person who requested the removal of the vehicle;

(E) vehicle’s description, including its identification number

and license number;

(F) costs and procedures to retrieve the vehicle; and

(G) a copy of the vehicle condition report required by

Subsection (a)(1) of this Section.

(4) For purposes of this Section, the Division of Motor Vehicles

shall, upon the presentation of a declaration made under penalty of

perjury that a vehicle has been towed and taken into the possession of a

tow truck business, provide tow truck businesses with the last known

address and telephone numbers of the legal owner, registered owner,

vehicle insurer, and lienholder, where applicable, of the vehicle in

question. The tow truck business shall furnish the Division of Motor

Vehicles with a copy of the notice sent pursuant to Subsection (a)(3) of

this Section within seven (7) days via certified mail after the release of

the addresses of the legal owner, registered owner, vehicle insurer and

lienholder, where applicable.

(b) (1) The legal owner, registered owner, insurer or lienholder

seeking the release of a vehicle that is lawfully towed is responsible for

paying the towing, impound, and storage fees incurred by the tow truck

business in towing, impounding, and storing such vehicle in order to

obtain its release; provided, however, that if the tow truck business has

failed to comply with the requirements of Subsection (a)(3) and

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Subsection (d) of this Section, all such fees shall be forfeited, and the

vehicle shall be delivered to said legal owner, registered owner, or

lienholder immediately upon demand.

(2) Any tow truck business or other person responsible for or

authorizing the towing, impounding or storage of a vehicle relative to

this Section, but failing to comply with Subsection (a)(3) and

Subsection (d) of this Section shall be guilty of a misdemeanor, and

shall be liable to the legal owner, registered owner, insurer or

lienholder, where applicable, of said vehicle for an amount equal to

three (3) times the damages incurred by them as a consequence of said

failure, together with their costs of the suit and reasonable attorneys’

fees.

(c) A tow truck business which has towed a vehicle shall be liable for

the cost of repair or replacement, as applicable, of the vehicle if the vehicle

is damaged, destroyed or lost while in the custody of such tow truck

business. Such tow truck business shall not be responsible for damage that

occurred prior to the time of towing and documented by the vehicle

condition report required by Subsection (a)(1) of this Section.

(d) After performing a tow truck service of a vehicle bearing the logo

of the company of ownership, including, but not limited to, rental car

businesses and car dealerships, the person operating the tow truck business

shall within one (1) hour of arriving at the place of storage or impound of the

vehicle, contact the company to which the vehicle belongs via phone call

notifying it of the:

(1) location of vehicle;

(2) date, time, and location from which the vehicle was removed;

(3) reasons for the removal of the vehicle;

(4) person who requested the removal of the vehicle;

(5) vehicle’s description, including its identification number and

license number;

(6) costs and procedures to retrieve the vehicle; and

(7) a copy of the vehicle condition report required by Subsection

(a)(1) of this Section.