Changes to Existing Law
HB1188 — Limit the liability of law enforcement officers and others when removing a disabled vehicle from a highway, a right of way, or public waters.
1 section modified+1461-0
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§ 32-30
New Section+1461
NEW SECTION added to Chapter 32-30
If the driver or person in charge of a disabled motor vehicle is unable to expeditiously arrange for the removal of the vehicle from the main-traveled portion of a highway pursuant to § 32-30-4, or from the right of way, or if a vehicle is an obstruction or hazard to traffic pursuant to § 32-30-14, any agent of the Division of Highway Patrol, the Department of Transportation, a sheriff, or a peace officer of this state must arrange for the removal of the vehicle to a garage or place of safety, pursuant to § 32-30-13. That person must also arrange for removal from the highway or right of way of any spilled cargo or other personal property belonging to the occupants of the motor vehicle, which could obstruct traffic or present a safety hazard. The owner of the motor vehicle is responsible for any costs of removal incurred by the state or any political subdivision of the state. Absent gross negligence or willful and wanton misconduct in removing the vehicle and its cargo, no agent of the Division of Highway Patrol, the Department of Transportation, a sheriff, or a peace officer of this state, and no removal agency as defined by § 32-36-2, or other person acting on behalf of any agent of the Division of Highway Patrol, the Department of Transportation, a sheriff, or a peace officer of this state, is liable for damages to the disabled motor vehicle, its cargo, the personal property of the motor vehicle's occupants, or the surrounding area. 23