§ 6908A. Unlawful practices.

345 words·~2 min read·/de/title-21/6908a

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)It is an unlawful practice for a person to violate any provision of this chapter.

(b)It is unlawful for a private tow company to do any of the following:

(1)To give any benefit or advantage, including a pecuniary benefit, to any person for providing information about motor vehicles parked for unauthorized purposes on privately-owned property or otherwise in connection with private property towing of motor vehicles parked without authorization or during a time at which such parking is not permitted.

(2)To charge a fee for the retrieval of private property from a nonconsensually-towed motor vehicle during a storage facility’s normal business hours.

(3)To monitor, patrol, or otherwise surveil a private or public parking area for the purposes of identifying motor vehicles parked for unauthorized purposes and towing a motor vehicle parked for an unauthorized purpose from such a parking area without having been specifically requested to tow the motor vehicle by the owner of the property, if a private parking area, or by an authorized or designated agent of this State or political subdivision, if a public parking area, unless the following apply:

a. The private tow company has a contract with the owner of a private parking area or authorized or designated agent of this State or political subdivision of a public parking area to tow vehicles from the parking area.

b. The private tow company complies with the requirements of § 6903A of this title for each vehicle it tows from the parking area, including obtaining prior written authorization to tow a vehicle from a private parking area.

(c)An owner, manager, director, or other person in charge of overseeing a private tow company, storage facility, or public or private parking area may not direct or knowingly allow employees, agents, or other individuals working on behalf of the private tow company or storage facility to violate this chapter.

(d)A violation of this chapter shall be deemed an unlawful practice under § 2513 of Title 6 and a violation of subchapter II of Chapter 25 of Title 6.