HB219INTRODUCED
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HB219
DEFQHNN-1
By Representative Faulkner
RFD: Public Safety and Homeland Security
First Read: 22-Feb-24
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5 DEFQHNN-1 02/21/2024 SLU (L)bm 2024-480
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First Read: 22-Feb-24
SYNOPSIS:
Under existing law, within his or her
discretion, a law enforcement officer may impound a car
if the driver fails to show proof of current
registration and insurance as required by law.
Also under existing law, if a vehicle is
involved in a traffic stop or an accident and the
driver fails to provide proof of current registration
and insurance, a law enforcement officer shall impound
the car on the second violation. The impound will
release the vehicle upon payment of fees associated
with towing and impound, without requiring proof of
registration and insurance. However, on the third
violation, the impound is prohibited from releasing the
vehicle unless proof of registration and insurance is
presented.
This bill would provide that if a law
enforcement officer impounds a vehicle because the
driver fails to provide proof of current registration
and insurance, the impound may not release the vehicle
unless proof of current registration and insurance is
presented and any other requirements by law are
satisfied.
This bill would also provide that as required by
law, every time a vehicle is impounded the vehicle
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law, every time a vehicle is impounded the vehicle
shall not be released until proof of current
registration and insurance is presented and any other
requirements by law are satisfied.
A BILL
TO BE ENTITLED
AN ACT
Relating to motor vehicles; to amend Section 32-7A-16,
Code of Alabama 1975, to require that if a law enforcement
officer impounds a vehicle for failure to present proof of
current registration and insurance, the vehicle may not be
released from impound until proof of current registration and
insurance is presented, among other requirements by law; and
to require that in every instance that a law enforcement
officer impounds a vehicle at a traffic stop or an accident
because the driver fails to present proof of current
registration and insurance, the vehicle may not be released
from impound until proof of current registration and insurance
is presented and any other requirements by law are satisfied.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 32-7A-16, Code of Alabama 1975, is
amended to read as follows:
"ยง32-7A-16
(a) A personAn individual is guilty of a Class C
misdemeanor who:
(1) Operates a motor vehicle without a liability
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(1) Operates a motor vehicle without a liability
insurance policy, a commercial automobile liability insurance
policy, a motor vehicle liability insurance bond, or deposit
of cash in accordance with this chapter.
(2) With notice of cancellation, recision, abrogation,
or termination of insurance, registers, or attempts to
register a motor vehicle.
(b) A personAn individual shall be guilty of a traffic
violation who:
(1) Operates a motor vehicle and upon demand of a law
enforcement officer, fails or refuses to present satisfactory
evidence of insurance unless a law enforcement officer
verifies motor vehicle liability insurance coverage through
the online insurance verification system.
(2) Operates a vehicle the registration of which is
suspended or revoked pursuant to this chapter.
(3) Operates a motor vehicle and presents evidence of
insurance when there is no valid insurance in effect on the
motor vehicle as required by this chapter.
(c) A motor vehicle may be impounded at the discretion
of a law enforcement officer if the operator fails to provide
evidence of registration and insurance as required by this
title or Title 40. Evidence of registration and insurance may
be verified through the online insurance verification system
and other electronic means as necessary. If impounded, the
motor vehicle shall not be released from impound until proof
is presented that the requirements of Section 32-7A-4 are
satisfied and all reasonable and customary towing,
impoundment, and storage fees are paid.
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impoundment, and storage fees are paid.
(d) For the purposes of this chapter, "operating a
motor vehicle" shall be satisfied whenever it is apparent that
the vehicle has traveled any distance upon a public road or
highway and a law enforcement officer may have only observed
the results of finding the vehicle stopped either on or off
the public road or highway, as for example when the vehicle
has come to a stop after an accident. Witnessing the operation
of the vehicle is not required for a citation to be issued
under this chapter.
(e)(1) In no case shall a motor vehicle for which a
traffic stop has been conducted or which has been involved in
an accident continue to be operated on a public road or
highway if the operator of the motor vehicle fails to provide
evidence of registration and insurance as required by Section
32-7A-4, this title, or Title 40, and in suchthat event the
following shall apply:
a.(1) For a first violation within a two-year
registration period, the law enforcement officer shall direct
the motor vehicle to be moved to a place of safety away from
the roadway.
b.(2) For a second violation within a two-year
registration period, the law enforcement officer shall direct
an approved towing service to tow the vehicle to a location of
the operator's choice and to release the motor vehicle to the
owner, operator, or agent thereof upon presenting proof that
the requirements of Section 32-7A-4 are satisfied and payment
of any fees associated with the towing, impoundment, and
storage of the vehicle.
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storage of the vehicle.
c.(3) For a third or subsequent violation within a
two-year registration period, the law enforcement officer
shall cause the vehicle to be impounded. The motor vehicle may
not be released to the operator, owner, or agent thereof until
presenting proof that the requirements of Section 32-7A-4 are
satisfied and until all reasonable and customary towing,
impoundment, and storage fees are paid.
(2)(f) Any towing service that removes a motor vehicle
at the direction of a law enforcement officer shall have a
lien on the motor vehicle for all reasonable and customary
fees related to the towing, impoundment, and storage of a
motor vehicle as provided in Section 32-6-19(c)(2)."
Section 2. This act shall become effective on October
1, 2024.
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