Public regulation CommissionStar Towing LLC abides by all rules and regulations set forth and revised by the New Mexico Public Regulation Commission. If you have questions about any of the items listed below please call our offices 505-873-4243
18.3.12.7 DEFINITIONS: In addition to the definitions in NMSA 1978 Section 65-2A-3 and 18.3.1.7 NMAC, as used in this rule: A. abandoned motor vehicle has the meaning given in NMSA 1978 Section 66-1-4.1; B. MVD means the motor vehicle division of the New Mexico taxation and revenue department; C. normal business hours means nine consecutive hours from 8:00 a.m. to 5:00 p.m. on every weekday excluding holidays; D. owner means a person who holds legal title to a motor vehicle or a person legally entitled to possession of the motor vehicle; E. proof of ownership means a certificate of title or evidence of current registration of a motor vehicle and sufficient other documentation to identify an individual as the person described in the documents or as the person’s agent; F. storage means the safekeeping of motor vehicles entrusted to the custody of a towing service; G. unclaimed motor vehicle has the meaning given in NMSA 1978 Section 66-1-4.18. [18.3.12.7 NMAC - Rp, SCC Rule 202.03, 12-30-02; A, 1-1-05] 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 lien-holder 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 commission and advising the disputant that he or she may file a complaint with the commission as provided by applicable commission 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 Consumer Relations Division of the Public Regulation Commission in writing at P.O. Box 1269, Santa Fe, New Mexico, 87504-1269 or by calling the Commission’s toll-free number 1-800-947-4722.” [18.3.12.24 NMAC - Rp, SCC Rule 267.23, 12-30-02; A, 1-1-05] 18.3.12.26 NOTICE TO OWNERS OF TOWED MOTOR VEHICLES: A. Identification of owner. (1) On site. Before a towing service tows a motor vehicle, it shall request ownership information from the authorizing law enforcement officer on scene. (2) From the storage facility. If a towing service has not already obtained ownership information on a motor vehicle, it shall obtain the name and address of the registered owner and any lien-holder of the motor vehicle. (a) If the motor vehicle has New Mexico plates, the towing service shall request ownership information within five (5) business days after the motor vehicle comes into its possession. (b) If the motor vehicle has out-of-state plates or the towing service has other reason to believe that the motor vehicle is registered in a state other than New Mexico, the towing service must request the information from the appropriate agency of that state within five (5) business days after the motor vehicle comes into its possession. (3) Documentation. (a) Information requested from the Motor Vehicle Division of any state. A towing service shall retain in its files a photocopy of MVD Form 10705, Vehicle or Hull Identification Number Verification, indicating the date ownership and lienholder information was requested from MVD and a copy of any document received from MVD in response. (b) Information requested from other sources. (i) Electronically. A towing service shall print out and retain in its files a copy of the ownership and lienholder information shown on the computer screen, notated with the name of the person making the request and the date and time the request was made. (ii) By other means. A towing service shall maintain a record in its files indicating the name of the person requesting ownership and lienholder information, the source from which the information was requested, and the date and time the information was requested, and a copy of any document received from the source in response. B. Notification of owner. (1) Within two (2) business days of receiving information identifying the registered owner or any lienholder of the motor vehicle, the towing service shall notify the registered owner and the lien-holder, if any, that the towing service has the motor vehicle in its possession. (2) The towing service shall use MVD Form 10058, Notice of Mechanic’s or Landowner’s Lien, and shall mail the notice by certified mail, return receipt requested, to the registered owner and the lienholder, if any. 62 (3) This requirement applies even if the VIN is altered, mutilated, or missing. C. Penalty for failure to comply with this section. A towing service shall not collect any charges or liens for storage of an unclaimed motor vehicle if it fails to either: (1) request ownership information within five (5) business days after a motor vehicle comes into its possession; or (2) mail notice to the registered owner and any lienholder within two (2) business days of receipt of ownership information. D. Exception. A towing service shall not be required to give the notice required by subsection B of this section to the owner if, before the notice is required to be sent, the owner of the motor vehicle identifies himself to the towing service and makes any arrangement the towing service deems necessary for the payment of the towing and storage charges. However, the towing service shall still be required to give the notice to the lienholder of the motor vehicle. [18.3.12.26 NMAC - Rp, SCC Rule 267.23, 12-30-02; A, 1-1-05] 18.3.12.27 DISPOSAL OF UNCLAIMED AND ABANDONED MOTOR VEHICLES: Before a towing service may dispose of an unclaimed or abandoned motor vehicle, it must comply with the requirements in NMSA 1978 Chapter 66, Article 3, Part 2, Transfer of Title or Interest, and perfect it’s lien using the MVD “Special Title Procedures for Towing Lien Process” or “Special Title Procedures for Mechanic’s, Landlords, Storage or Abandoned Vehicle Lien Process.” [18.3.12.27 NMAC - Rp, SCC Rule 267.24, 12-30-02; A, 1-1-05] TO VIEW COMPLETE DOCUMENT: NEW MEXICO PUBLIC REGULATIONS COMMISSION Motor Transportation Rules CLICK HERE |
Contact Star Towing LLC601 Coso Ave. SE
Albuquerque, NM 87105 Phone: (505) 873-4243 Fax: (505) 873-4233 |
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