Terms Used In Rhode Island General Laws > Chapter 39-12.1 - The Towing Storage Act

• Abandoned vehicle: means (i) A vehicle that is inoperable and more than eight (8) years old and is left unattended on public property for more than forty-eight (48) hours; or (ii) A vehicle that has remained illegally on public property for a period of more than three (3) days; or (iii) A vehicle that has remained on private property without the consent of the owner or person in control of the property for more than three (3) days. See Rhode Island General Laws 39-12.1-2
• Abandoned vehicle of no value: means (i) a motor vehicle that is inoperable and more than ten (10) years old and is left unattended on public property for more than forty-eight (48) hours; or (ii) A vehicle that has remained illegally on public property for a period of more than three (3) days; or (iii) A vehicle that has remained on private property without the consent of the owner or person in control of the property for more than three (3) days, and meets the following criteria:

  (A)  The vehicle has no evidence of current registration in or upon the vehicle; and

  (B)  The vehicle has a fair market value of five hundred dollars ($500) or less; and

  (C)  The vehicle does not have a valid inspection sticker. See Rhode Island General Laws 39-12.1-2

• Administrator: means the administrator of the division of public utilities and carriers. See Rhode Island General Laws 39-1-2
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Certificated tower: means a carrier possessing a certificate of public convenience and necessity issued by the public utilities administrator for the purpose of transporting vehicles by tow-away method. See Rhode Island General Laws 39-12.1-2
• Commission: means the public utilities commission. See Rhode Island General Laws 39-1-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Division: means the division of public utilities and carriers. See Rhode Island General Laws 39-1-2
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
• Legal owner: means the person who has obtained ownership of a vehicle by any legal means but has not caused the vehicle to be registered with the division of motor vehicles. See Rhode Island General Laws 39-12.1-2
• Lien: A claim against real or personal property in satisfaction of a debt.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Police department: means the police department of a city or town or the Rhode Island state department. See Rhode Island General Laws 39-12.1-2
• Possessory lien: means the right to retain possession of a vehicle and motor vehicle registration plates against all claims of the owner and/or security lien or until all charges are paid for recovery, towing, storage in accordance with the certificated tower's tariff. See Rhode Island General Laws 39-12.1-2
• real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
• Registered owner: means the person recorded in the division of motor vehicles as being the one to whom the registration of the vehicle was issued. See Rhode Island General Laws 39-12.1-2
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Tow truck: means any motor vehicle designed and/or ordinarily used for the purpose of towing or removing vehicles or assisting disabled motor vehicles. See Rhode Island General Laws 39-12.1-2
• town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• Unattended vehicle: means any vehicle other than an "abandoned vehicle" or "abandoned vehicle of no value" that meets the following criteria:

  (i)  Left unoccupied in a place or for a time period prohibited by law or municipal ordinance or so as to cause traffic congestion or hazard; or

  (ii)  From which the operator or owner thereof has been removed by any member of a police department in the performance of his or her official duties; or

  (iii)  Left on public or private property without the consent of the owner or person in control thereof, or one having the exclusive right to the use thereof. See Rhode Island General Laws 39-12.1-2

• Vehicle: means any motor vehicle as defined in § 39-12-2. See Rhode Island General Laws 39-12.1-2