§ 39-12.1-1 - Declaration of purpose and policy.
SECTION 39-12.1-1
§ 39-12.1-1 Declaration of purpose andpolicy. – The legislature hereby finds the following legislation to be in the publicinterest for these reasons:
WHEREAS, A tow truck in the hands of an incompetent operatoris a dangerous instrumentality; and
WHEREAS, The public has an inherent right to ready access tothe name, location, and telephone number of certificated towers; and
WHEREAS, The operation of a tow truck on the public highwaywith a vehicle in tow is a dangerous instrumentality exposing others on orabout the highway to loss or damage, which must be covered by adequateinsurance; and
WHEREAS, The motoring public has a right, when delegating tolaw enforcement the selection of an operator in the towing-storage business, toexpect that the operator selected and responding will be competent; and
WHEREAS, The motoring public has a right when delegating tolaw enforcement the selection of an operator in the towing-storage business, toexpect that the charges for the services to be rendered will be reasonable andcompensatory, and that the operator is physically equipped in his or herbusiness to function properly; and
WHEREAS, The towing and storage of a vehicle without theowner's consent, as is the case in most police instigated tows, requirescertain procedures to assure the owner that rights of due process of law arenot violated; and
WHEREAS, The owner or person in control of private propertyof real estate has a right to be free from trespass by vehicle on the privateproperty; and to have any such trespassing vehicle removed at the owner'sexpense; and
WHEREAS, The police powers delegated by the legislature ofthe state include the power of the police, even without the owner's consent, tohave public ways cleared of conditions which, in the opinion of the officer,creates a hazardous condition to the motoring public; to have removedabandoned, abandoned and of no value, and unattended vehicles; to have removedand/or relocated vehicles in violation of parking ordinances; and to haveremoved any vehicle under control of any person arrested for any criminaloffense; and
WHEREAS, The process of selection of the operator of atowing-storage business for police work is unique in that law enforcement,though having the legal duty to order the work, has no legal duty to pay costsand charges connected therewith, the same being the duty of the vehicle owner.