N.M. Admin. Code § 18.3.12.24 - INSPECTION AND RELEASE OF TOWED MOTOR VEHICLES
A.
Motor vehicles ordered held for
investigation: If a law enforcement agency orders a towing service to
hold a motor vehicle for investigation, the towing service shall not, without
specific written authorization of the law enforcement agency:
(1) allow the owner of the motor vehicle, the
owner's agent, or a lienholder to inspect the motor vehicle or remove proof of
ownership or personal property from the motor vehicle; or
(2) release the motor vehicle to any person,
including the owner, the owner's agent, or a lienholder.
B.
Motor vehicles not held for
investigation:
(1) If a law
enforcement agency does not order a motor vehicle to be held for investigation,
the towing service shall allow the owner, the owner's agent, or the lienholder
of the motor vehicle without charge, during normal business hours, to:
(a) inspect the motor vehicle;
(b) remove proof of ownership from the motor
vehicle; or
(c) remove personal
property from the motor vehicle if he or she presents proof of
ownership.
(2) The
owner, the owner's agent, or the lienholder of a stored motor vehicle that has
not been ordered held for investigation may obtain possession of the motor
vehicle by paying all just and reasonable charges and providing proof of
ownership:
(a) as a matter of right, during
normal or extended business hours; or
(b) at the option of the towing service,
during non-business hours; if a towing service elects to deliver a motor
vehicle during non-business hours, it must assess the tariffed administrative
charge for such delivery.
C. If the owner, the owner's agent, or the
lienholder of a motor vehicle disputes any of the charges for towing or
storage, or feels the motor vehicle was illegally towed, the towing service
shall furnish to the disputant a written statement containing the name,
address, and telephone number of the consumer relations division of the
department and advising the disputant that he or she may file a complaint with
the department as provided by applicable department rules. The written
statement shall be in substantially the following form: "If you have a dispute
with the towing service regarding charges for towing or storage, and are not
satisfied with the solution offered by the towing service, you may file a
complaint with the department.
D.
Towing services shall accept payment in cash. Additionally, towing services
shall accept payment by either credit card or check. Towing services shall post
in a conspicuous location at their place of business which forms of payment,
are accepted. Nothing in this rule shall be deemed to restrict the forms of
payment that a towing service may accept.
Notes
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