(1) Whenever an operator who is registered with the department in accordance with subsection (2) of this section recovers, removes, or stores a motor vehicle upon instructions from any duly authorized law enforcement agency or peace officer who has determined that such motor vehicle is an abandoned motor vehicle, such operator shall have a possessory lien, subject to the provisions of section 42-41804 (6), upon such motor vehicle and its attached accessories or equipment for all fees for recovering, towing, and storage as authorized in section 42-4-1809 (2)(a). Such lien shall be a first and prior lien on the motor vehicle, and such lien shall be satisfied before all other charges against such motor vehicle.
(2) (a) No operator shall have a possessory lien upon a motor vehicle described in subsection (1) of this section unless said operator is registered with the department. Such registration shall include the following information:
The location of the operator's tow business;
The hours of operation of the operator's tow business;
The location of the impound lot where vehicles may be claimed by the owner ofrecord; and
Any information relating to a violation of any provision contained in this part 18 orof any other state law or rule relating to the operation, theft, or transfer of motor vehicles.
(b) The executive director of the department may cancel the registration of any operator if an administrative law judge finds, after affording the operator due notice and an opportunity to be heard, that the operator has violated any of the provisions set forth in this part 18.
Source: L. 2002: Entire part amended with relocations, p. 473, § 1, effective July 1.
Editor's note: This section is similar to former § 42-4-1807 as it existed prior to 2002, and the former § 42-4-1806 was relocated to § 42-4-1805.