Quick Clearance Program
Hold Harmless Legislation
07/10/2006 11:15 AM
MAINE -
Title 29-A: MOTOR VEHICLES Chapter 19: OPERATION...Subchapter 1: RULES OF THE
ROAD (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§2069. Authority to remove an improperly parked vehicle...2. Interfering with
snow removal, normal traffic movement. A law enforcement officer may cause the
removal to a suitable parking place, at the expense of the registered owner, of
a vehicle interfering with snow removal or the normal movement of traffic or
parked within the limits of a right-of-way. The Department of Transportation
may take the same action for a vehicle standing on property under its
jurisdiction. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).] ... 4.
Liability for damages; charges. The State, a political subdivision of the State
or a law enforcement officer is not liable for damage that may be caused by
removal of a vehicle or for any towing or storage charges. [1993, c. 683, Pt.
A, §2 (new); Pt. B, §5 (aff).]
RHODE ISLAND-
Rhode Island Title 24 Statute Section 24-8-42: "...an emergency is caused by
the immobilization of any vehicle(s) on the interstate system or limited access
highway, ...resulting in lane blockage and posing a threat to public safety,
public safety agencies and those acting at their direction or request shall
have emergency authority to move the immobilized vehicle(s). b) There shall be
no liability incurred..." This statute section is largely to protect police
and fire from liability issues should they have to move a vehicle.
PENNSYLVANIA -
PROPOSED QUICK CLEARANCE LAW: Passed House in 2005; now in Senate... PA
Vehicle Code Title 75 PA also has a law to promote QC which requires no
police report if no one is hurt in an accident and the involved vehicles can
still move. Authority Removal and Tow Law 75:7310 :…Police officers may
remove or direct removal of wrecked vehicles and spilled cargo from any roadway
to the nearest point off the roadway where the vehicle or spilled cargo will
not obstruct traffic. ...Immediately following the accident...if the owner or
operator fails to have the vehicle removed within a reasonable time. No
liability shall attach to the police officer or to any person acting ...
VIRIGINIA -
Virginia Statute Section 46.2-1212.1 (Disablement, Damage, or Injury) : A.
...motor vehicle accident or incident, the Department of State Police and/or
local law enforcement agency in conjunction with other public safety agencies
may, without the consent of the owner or carrier, remove: 1. A vehicle, cargo,
or other personal property that has been (i) damaged or spilled within the
right-of-way or any portion of a roadway in the state highway system and (ii)
is blocking the roadway or may otherwise be endangering public
safety...B....shall not be held responsible for any damages or claims...
NORTH CAROLINA -
House Bill 1140 G.S. 20-161 and 166(c2) GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003 SESSION LAW 2003-310 HOUSE BILL 1140
(2) For the purpose of arranging for the transportation and safe storage of
any vehicle which is... interfering with the regular flow of traffic or which
otherwise constitutes a hazard, in which case...
(f) No state or local law enforcement officer, Department of
Transportation
employee, or person or firm contracting or assisting in the removal or
disposition of any such vehicle, cargo, or other personal property shall be
held criminally or civilly liable for any damage or economic injury related to
carrying out or enforcing the provisions of this section.
SOUTH CAROLINA -
South Carolina Code of Law Title 56 - Motor Vehicles
CHAPTER 5. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS ARTICLE 9. ACCIDENTS AND
REPORTS SECTION 56-5-1210. Duties of drivers involved in accident resulting in
death or personal injury; moving or removing vehicles...
(B) Law enforcement officers or authorized employees of the Department of
Transportation may move or have removed from the traveled way all disabled
vehicles and vehicles involved in an accident and any debris caused by motor
vehicle traffic collisions where it can be accomplished safely and may result
in the improved safety or traffic flow upon the road; however, where a vehicle
has been involved in an accident resulting in great bodily injury or death to a
person, the vehicle shall not be moved until it is authorized by the
investigating law enforcement officer. The State, its political subdivisions,
and its officers and employees are not liable for any damages to vehicles that
result from the removal unless the removal was carried out in a reckless or
grossly negligent manner. The vehicle owner and any driver, or the owner's,
driver's, or the at-fault party's insurance company, of a vehicle removed under
this subsection, or the owner's, driver's, or the at-fault party's insurance
company, shall bear all reasonable costs of removal.