S2332.15T

To repeal sections 301.140, 301.344, 301.566, 304.001, 304.155, 304.157 and 304.575, RSMo 1994, and sections 301.010 and 306.906, RSMo Supp. 1995, relating to the sale and towing of motor vehicles, and to enact in lieu thereof ten new sections relating to the same subject, with penalty provisions.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Sections 301.140, 301.344, 301.566, 304.001, 304.155, 304.157 and 304.575, RSMo 1994, and sections 301.010 and 306.906, RSMo Supp. 1995, are repealed and ten new sections enacted in lieu thereof, to be known as sections 301.010, 301.140, 301.344, 301.566, 304.001, 304.151, 304.155, 304.156, 304.157 and 304.158, to read as follows:

301.010. As used in this chapter and sections 304.010 to 304.040, 304.120 to 304.260, RSMo, and sections 307.010 to 307.175, RSMo, the following terms mean:

(1) "All-terrain vehicle", any motorized vehicle manufactured and used exclusively for off-highway use which is fifty inches or less in width, with an unladen dry weight of six hundred pounds or less, traveling on three, four or more low pressure tires, with a seat designed to be straddled by the operator, and handlebars for steering control;

(2) "Automobile transporter", any vehicle combination designed and used specifically for the transport of assembled motor vehicles;

(3) "Axle load", the total load transmitted to the road by all wheels whose centers are included between two parallel transverse vertical planes forty inches apart, extending across the full width of the vehicle;

(4) "Boat transporter", any vehicle combination designed and used specifically to transport assembled boats and boat hulls;

(5) "Body shop", a business that repairs physical damage on motor vehicles that are not owned by the shop or its officers or employees by mending, straightening, replacing body parts, or painting;

(6) "Bus", a motor vehicle primarily for the transportation of a driver and eight or more passengers but not including shuttle buses;

(7) "Commercial motor vehicle", a motor vehicle designed or regularly used for carrying freight and merchandise, or more than eight passengers but not including vanpools or shuttle buses;

(8) "Cotton trailer", a trailer designed and used exclusively for transporting cotton at speeds less than forty miles per hour from field to field or from field to market and return;

(9) "Dealer", any person, firm, corporation, association, agent or subagent engaged in the sale or exchange of new, used or reconstructed motor vehicles or trailers;

(10) "Director" or "director of revenue", the director of the department of revenue;

(11) "Driveaway operation", the movement of a motor vehicle or trailer by any person or motor carrier other than a dealer over any public highway, under its own power singly, or in a fixed combination of two or more vehicles, for the purpose of delivery for sale or for delivery either before or after sale;

(12) "Farm tractor", a tractor used exclusively for agricultural purposes;

(13) "Fleet", any group of ten or more motor vehicles owned by the same owner;

(14) "Fleet vehicle", a motor vehicle which is included as part of a fleet;

(15) "Fullmount", a vehicle mounted completely on the frame of either the first or last vehicle in a saddlemount combination;

(16) "Gross weight", the weight of vehicle and/or vehicle combination without load, plus the weight of any load thereon;

(17) "Hail-damaged vehicle", any vehicle, the body of which has become dented as the result of the impact of hail;

(18) "Highway", any public thoroughfare for vehicles, including state roads, county roads and public streets, avenues, boulevards, parkways or alleys in any municipality;

(19) "Improved highway", a highway which has been paved with gravel, macadam, concrete, brick or asphalt, or surfaced in such a manner that it shall have a hard, smooth surface;

(20) "Intersecting highway", any highway which joins another, whether or not it crosses the same;

(21) "Junk vehicle", a vehicle which is incapable of operation or use upon the highways and has no resale value except as a source of parts or scrap, and shall not be titled or registered;

(22) "Kit vehicle", a motor vehicle assembled by a person other than a generally recognized manufacturer of motor vehicles by the use of a glider kit or replica purchased from an authorized manufacturer and accompanied by a manufacturer's statement of origin;

(23) "Land improvement contractors' commercial motor vehicle", any not-for-hire commercial motor vehicle the operation of which is confined to:

(a) An area that extends not more than a radius of one hundred miles from its home base of operations when transporting its owner's machinery, equipment, or auxiliary supplies to or from projects involving soil and water conservation, or to and from equipment dealers' maintenance facilities for maintenance purposes; or

(b) An area that extends not more than a radius of twenty-five miles from its home base of operations when transporting its owner's machinery, equipment, or auxiliary supplies to or from projects not involving soil and water conservation. Nothing in this subdivision shall be construed to prevent any motor vehicle from being registered as a commercial motor vehicle or local commercial motor vehicle;

(24) "Local commercial motor vehicle", a commercial motor vehicle whose operations are confined solely to a municipality and that area extending not more than fifty miles therefrom, or a commercial motor vehicle whose property-carrying operations are confined solely to the transportation of property owned by any person who is the owner or operator of such vehicle to or from a farm owned by such person or under [his] the person's control by virtue of a landlord and tenant lease; provided that any such property transported to any such farm is for use in the operation of such farm;

(25) "Local transit bus", a bus whose operations are confined wholly within a municipal corporation, or wholly within a municipal corporation and a commercial zone, as defined in section 390.020, RSMo, adjacent thereto, forming a part of a public transportation system within such municipal corporation and such municipal corporation and adjacent commercial zone;

(26) "Log truck", a vehicle used exclusively to transport harvested forest products to and from forested sites which is registered [under] pursuant to this chapter to operate as a motor vehicle on the public highways of this state for the transportation of harvested forest products;

(27) "Major component parts", the rear clip, cowl, frame, body, cab, front-end assembly, and front clip, as those terms are defined by the director of revenue [under] pursuant to rules and regulations or by illustrations;

(28) "Manufacturer", any person, firm, corporation or association engaged in the business of manufacturing or assembling motor vehicles, trailers or vessels for sale;

(29) "Mobile scrap processor", a business located in Missouri or any other state that comes onto a salvage site and crushes motor vehicles and parts for transportation to a shredder or scrap metal operator for recycling;

(30) "Motor change vehicle", a vehicle manufactured prior to August 1957, which receives a new, rebuilt or used engine, and which used the number stamped on the original engine as the vehicle identification number;

(31) "Motor vehicle", any self-propelled vehicle not operated exclusively upon tracks, except farm tractors;

(32) "Motor vehicle primarily for business use", any vehicle other than a recreational motor vehicle, motorcycle, motortricycle, or any commercial motor vehicle licensed for over twelve thousand pounds:

(a) Offered for hire or lease; or

(b) The owner of which also owns ten or more such motor vehicles;

(33) "Motorcycle", a motor vehicle operated on two wheels;

(34) "Motorized bicycle", any two-wheeled or three-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than fifty cubic centimeters, which produces less than three gross brake horsepower, and is capable of propelling the device at a maximum speed of not more than thirty miles per hour on level ground;

(35) "Motortricycle", a motor vehicle operated on three wheels, including a motorcycle while operated with any conveyance, temporary or otherwise, requiring the use of a third wheel. A motortricycle shall not be included in the definition of all-terrain vehicle;

(36) "Municipality", any city, town or village, whether incorporated or not;

(37) "Nonresident", a resident of a state or country other than the state of Missouri;

(38) "Non-USA-std motor vehicle", a motor vehicle not originally manufactured in compliance with United States emissions or safety standards;

(39) "Operator", any person who operates or drives a motor vehicle;

(40) "Owner", any person, firm, corporation or association, who holds the legal title to a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this law;

(41) "Public garage", a place of business where motor vehicles are housed, stored, repaired, reconstructed or repainted for persons other than the owners or operators of such place of business;

(42) "Rebuilder", a business that repairs or rebuilds motor vehicles owned by the rebuilder, but does not include certificated common or contract carriers of persons or property;

(43) "Reconstructed motor vehicle", a vehicle that is altered from its original construction by the addition or substitution of two or more new or used major component parts, excluding motor vehicles made from all new parts, and new multistage manufactured vehicles;

(44) "Recreational motor vehicle", any motor vehicle designed, constructed or substantially modified so that it may be used and is used for the purposes of temporary housing quarters, including therein sleeping and eating facilities which are either permanently attached to the motor vehicle or attached to a unit which is securely attached to the motor vehicle. Nothing herein shall prevent any motor vehicle from being registered as a commercial motor vehicle if the motor vehicle could otherwise be so registered;

(45) "Rollback or car carrier", any vehicle specifically designed to transport wrecked, disabled or otherwise inoperable vehicles, when the transportation is directly connected to a wrecker or towing service;

(46) "Saddlemount combination", a combination of vehicles in which a truck or truck tractor tows one or more trucks or truck tractors, each connected by a saddle to the frame or fifth wheel of the vehicle in front of it. The saddle is a mechanism that connects the front axle of the towed vehicle to the frame or fifth wheel of the vehicle in front and functions like a fifth wheel kingpin connection. When two vehicles are towed in this manner the combination is called a double saddlemount combination. When three vehicles are towed in this manner, the combination is called a triple saddlemount combination;

(47) "Salvage dealer and dismantler", a business that dismantles used motor vehicles for the sale of the parts thereof, and buys and sells used motor vehicle parts and accessories;

(48) "Salvage vehicle", a motor vehicle, semitrailer or house trailer which, by reason of condition or circumstance, has been declared salvage, either by its owner, or by a person, firm, corporation, or other legal entity exercising the right of security interest in it, or by an insurance company as a result of settlement of a claim for loss due to damage or theft; or a vehicle, ownership of which is evidenced by a salvage title; or abandoned property which is titled pursuant to section 304.155, RSMo, or section 304.157, RSMo, and designated with the words "salvage/abandoned property";

(49) "School bus", any motor vehicle used solely to transport students to or from school or to transport students to or from any place for educational purposes;

(50) "Shuttle bus", a motor vehicle used or maintained by any person, firm, or corporation as an incidental service to transport patrons or customers of the regular business of such person, firm, or corporation to and from the place of business of the person, firm, or corporation providing the service at no fee or charge. Shuttle buses shall not be registered as buses or as commercial motor vehicles;

(51) "Special mobile equipment", every self-propelled vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including farm equipment, implements of husbandry, road construction or maintenance machinery, ditch-digging apparatus, stone crushers, air compressors, power shovels, cranes, graders, rollers, well-drillers and wood-sawing equipment used for hire, asphalt spreaders, bituminous mixers, bucket loaders, ditchers, leveling graders, finished machines, motor graders, road rollers, scarifiers, earth-moving carryalls, scrapers, drag lines, rock-drilling and earth-moving equipment. This enumeration shall be deemed partial and shall not operate to exclude other such vehicles which are within the general terms of this section;

(52) "Specially constructed motor vehicle", a motor vehicle which shall not have been originally constructed under a distinctive name, make, model or type by a manufacturer of motor vehicles. The term "specially constructed motor vehicle" includes kit vehicles;

(53) "Stinger-steered combination", a truck tractor-semitrailer wherein the fifth wheel is located on a drop frame located behind and below the rearmost axle of the power unit;

(54) "Tandem axle", a group of two or more axles, arranged one behind another, the distance between the extremes of which is more than forty inches and not more than ninety-six inches apart;

(55) "Tractor", "truck tractor" or "truck-tractor", a self-propelled motor vehicle designed for drawing other vehicles, but not for the carriage of any load when operating independently. When attached to a semitrailer, it supports a part of the weight thereof;

(56) "Trailer", any vehicle without motive power designed for carrying property or passengers on its own structure and for being drawn by a self-propelled vehicle, except those running exclusively on tracks, including a semitrailer or vehicle of the trailer type so designed and used in conjunction with a self-propelled vehicle that a considerable part of its own weight rests upon and is carried by the towing vehicle. The term "trailer" shall not include cotton trailers as defined in subdivision (8) of this section and shall not include manufactured homes as defined in section 700.010, RSMo;

(57) "Truck", a motor vehicle designed, used, or maintained for the transportation of property;

(58) "Truck-tractor semitrailer-semitrailer", a combination vehicle in which the two trailing units are connected with a B-train assembly which is a rigid frame extension attached to the rear frame of a first semitrailer which allows for a fifth-wheel connection point for the second semitrailer and has one less articulation point than the conventional "A dolly" connected truck-tractor semitrailer-trailer combination;

(59) "Truck-trailer boat transporter combination", a boat transporter combination consisting of a straight truck towing a trailer using typically a ball and socket connection with the trailer axle located substantially at the trailer center of gravity rather than the rear of the trailer but so as to maintain a downward force on the trailer tongue;

(60) "Used parts dealer", a business that buys and sells used motor vehicle parts or accessories, but not including a business that sells only new, remanufactured or rebuilt parts. "Business" does not include isolated sales at a swap meet of less than three days;

(61) "Vanpool", any van or other motor vehicle used or maintained by any person, group, firm, corporation, association, city, county or state agency, or any member thereof, for the transportation of not less than eight nor more than forty-eight employees, per motor vehicle, to and from their place of employment; however, a vanpool shall not be included in the definition of the term "bus" or "commercial motor vehicle" as defined by subdivisions (6) and (7) of this section, nor shall a vanpool driver be deemed a "chauffeur" as that term is defined by section 302.010, RSMo; nor shall use of a vanpool vehicle for ride-sharing arrangements, recreational, personal, or maintenance uses constitute an unlicensed use of the motor vehicle, unless used for monetary profit other than for use in a ride-sharing arrangement;

(62) "Vehicle", any mechanical device on wheels, designed primarily for use, or used, on highways, except motorized bicycles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, or cotton trailers or motorized wheelchairs operated by handicapped persons;

(63) "Wrecker" or "tow truck", any emergency commercial vehicle equipped, designed and used to assist or render aid and transport or tow disabled or wrecked vehicles from a highway, road, street or highway rights-of-way to a point of storage or repair, including towing a replacement vehicle to replace a disabled or wrecked vehicle;

(64) "Wrecker or towing service", the act of transporting, towing or recovering with a wrecker, tow truck, rollback or car carrier any vehicle not owned by the operator of the wrecker, tow truck, rollback or car carrier for which the operator directly or indirectly receives compensation or other personal gain.

301.140. 1. Upon the transfer of ownership of any motor vehicle or trailer, the certificate of registration and the right to use the number plates shall expire and the number plates shall be removed by the owner at the time of the transfer of possession, and it shall be unlawful for any person other than the person to whom such number plates were originally issued to have the same in his or her possession whether in use or not; except that the buyer of a motor vehicle or trailer who trades in a motor vehicle or trailer may attach the license plates from the traded-in motor vehicle or trailer to the newly purchased motor vehicle or trailer. The operation of a motor vehicle with such transferred plates shall be lawful for no more than thirty days.

2. In the case of a transfer of ownership the original owner may register another motor vehicle under the same number, upon the payment of a fee of two dollars, if the motor vehicle is of horsepower, gross weight or (in the case of a passenger-carrying commercial motor vehicle) seating capacity, not in excess of that originally registered. When such motor vehicle is of greater horsepower, gross weight or (in the case of a passenger-carrying commercial motor vehicle) seating capacity, for which a greater fee is prescribed, applicant shall pay a transfer fee of two dollars and a pro rata portion for the difference in fees. When such vehicle is of less horsepower, gross weight or (in case of a passenger-carrying commercial motor vehicle) seating capacity, for which a lesser fee is prescribed, applicant shall not be entitled to a refund.

3. Upon the sale of a motor vehicle or trailer by a dealer, a buyer who has made application for registration, by mail or otherwise, may operate the same for a period of fifteen days after taking possession thereof, if during such period the motor vehicle or trailer shall have attached thereto, in the manner required by section 301.130, number plates issued to the dealer. Upon application and presentation of satisfactory evidence that the buyer has applied for registration, a dealer may furnish such number plates to the buyer for such temporary use. In such event, the dealer shall require the buyer to deposit the sum of ten dollars and fifty cents to be returned to the buyer upon return of the number plates as a guarantee that said buyer will return to the dealer such number plates within fifteen days. The director shall issue a temporary permit or paper plate authorizing the operation of a motor vehicle or trailer by a buyer for not more than twenty days of the date of purchase.

4. The temporary permit or paper plate shall be made available by the director of revenue and may be purchased from the department of revenue upon proof of purchase of a motor vehicle or trailer for which the buyer has no registration plate available for transfer, or from a dealer upon purchase of a motor vehicle or trailer for which the buyer has no registration plate available for transfer. The director shall make temporary plates or permits available to registered dealers in this state in sets of ten plates or permits. The fee for the temporary permit or plate shall be seven dollars and fifty cents for each permit or plate issued. No dealer shall charge more than seven dollars and fifty cents for each permit issued. The permit or plate shall be valid for a period of twenty days from the date of issuance by the director of revenue to the purchaser of a motor vehicle or trailer, or from the date of sale of the motor vehicle or trailer by a dealer for which the purchaser obtains a permit or plate as set out above.

5. The permit or plate shall be issued on a form prescribed by the director and issued only for the applicant's use in the operation of the motor vehicle or trailer purchased to enable him to legally operate the vehicle while proper title and registration plate are being obtained, and shall be displayed on no other vehicle. [Commercial motor vehicles and trailers displaying a permit or paper plate issued under this section must be operated while empty except for its mounted equipment.] Permits or paper plates issued under this section shall not be transferable or renewable and shall not be valid upon issuance of proper registration plates for the motor vehicle or trailer. The director shall determine the size and numbering configuration, construction, and color of the permit and plate.

6. The dealer or authorized agent shall insert the date of issuance and expiration date, year, make, and manufacturer's number of vehicle on the paper plate or permit when issued to the buyer. The dealer shall also insert his dealer's number on the paper plate. Every dealer that issues a temporary permit or paper plate shall keep, for inspection of proper officers, a correct record of each permit or plate issued by him by recording the permit or plate number, buyer's name and address, year, make, manufacturer's number of vehicle on which the permit or plate is to be used, and the date of issuance.

301.344. No town, city, village or municipality shall require a fee, permit or license for any reason from any wrecker or tow service business [located twenty miles outside of their boundaries.] registered with the United States Department of Transportation, however, any county or a city not within a county of this state shall require such a fee, permit or license of any such business physically located in such county or city not within a county or of any such business which conducts more than fifty percent of its wrecker or tow service business activities in such county or city not within a county.

301.566. 1. A motor vehicle dealer may participate in any motor vehicle show or sale[,] and conduct sales of motor vehicles [thereat,] away from [his] the dealer's usual, licensed place of business if either the requirements of subsections 2 or 3 of this section are met or the event is conducted for not more than ten days, and if a majority of the motor vehicle dealers within a class of dealers described pursuant to subsection 3 of section 301.550 in a city or town participate or are invited and have the opportunity to participate in the event, except that a recreational motor vehicle dealer classified in subdivision (5) of subsection 3 of section 301.550 may participate in such a show or sale even if a majority of recreational motor vehicle dealers in a city or town do not participate in the event. The commission shall consider such events to be proper in all respects and as if each dealer participant was conducting business at [his] the dealer's usual business location.

2. Any person, partnership, corporation or association disposing of vehicles used and titled solely in its ordinary course of business as provided in section 301.570 may sell at retail such vehicles away from that person's bona fide established place of business, thus constituting an off-site sale, by adhering to each of the following conditions with regard to each and every off-site sale conducted:

(1) Have in effect a valid license, pursuant to sections 301.550 to 301.575, from the Missouri motor vehicle commission for the sale of used motor vehicles;

(2) No off-site sale may exceed ten days in duration, and only one sale may be held per year, per county, in counties of the third and fourth classification;

(3) Pay to the motor vehicle commission fund, pursuant to section 301.560, a permit fee of two hundred fifty dollars for each off-site sale event;

(4) Advise the Missouri motor vehicle commission, at least ten days prior to the sale, of the date, location and duration of each off-site sale;

(5) The sale of vehicles at off-site sales shall be limited to sales by a seller of vehicles used and titled solely in its ordinary course of business, and such sales shall be held in conjunction with a credit union and limited to members of the credit union, thus constituting a private sale to be advertised to members only;

(6) Off-site sales by a seller of vehicles used and titled solely in its ordinary course of business may also be held in conjunction with other financial institutions provided that any such sale event shall be held on the premises of the financial institution, and sales shall be limited to persons who were customers of the financial institution prior to the date of the sale event. Off-site sales held with such other financial institutions shall be limited to one sale per year per institution;

(7) The sale of motor vehicles which have the designation of the current model year, except discontinued models, is prohibited at off-site sales until subsequent model year designated vehicles of the same manufacture and model are offered for sale to the public.

3. A recreational vehicle dealer, as that term is defined in section 700.010, RSMo, who is licensed in another state may participate in recreational vehicle shows or exhibits with recreational vehicles within this state, in which less than fifty dealers participate as exhibitors with permission of the dealer's licensed manufacturer if all of the following conditions exist:

(1) The show or exhibition has a minimum of ten recreational vehicle dealers licensed as motor vehicle dealers in this state;

(2) More than fifty percent of the participating recreational vehicle dealers are licensed motor vehicle dealers in this state; and

(3) The state in which the recreational vehicle is licensed is a state contiguous to Missouri and the state permits recreational vehicle dealers licensed in Missouri to participate in recreational vehicle shows in such state pursuant to conditions substantially equivalent to the conditions which are imposed on dealers from such state who participate in recreational vehicle shows in Missouri.

4. A recreational vehicle dealer licensed in another state may participate in a vehicle show or exhibition in Missouri which has, when it opens to the public, at least fifty dealers displaying recreational vehicles if the show or exhibition is trade-oriented and is predominantly funded by recreational vehicle manufacturers. All of the participating dealers who are not licensed in Missouri shall be licensed as recreational vehicle dealers by the state of their residence.

304.001. As used in this chapter and chapter 307, RSMo, the following terms shall mean:

(1) "Abandoned property", any unattended motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel removed or subject to removal from public or private property as provided in sections 304.155 and 304.157, whether or not operational;

(2) "Commercial vehicle enforcement officers", employees of the Missouri state highway patrol who are not members of the patrol but who are appointed by the superintendent of the highway patrol to enforce the laws, rules, and regulations pertaining to commercial vehicles, trailers, special mobile equipment and drivers of such vehicles;

[(2)] (3) "Commercial vehicle inspectors", employees of the Missouri state highway patrol who are not members of the patrol but who are appointed by the superintendent of the highway patrol to supervise or operate permanent or portable weigh stations in the enforcement of commercial vehicle laws;

(4) "Commission", the state highways and transportation commission;

(5) "Department", the state highways and transportation department;

(6) "Freeway", a divided state highway with four or more lanes, with no access to the throughways except the established interchanges and with no at-grade crossings;

(7) "Interstate highway", a state highway included in the national system of interstate highways located within the boundaries of Missouri, as officially designated or as may be hereafter designated by the state highways and transportation commission with the approval of the Secretary of Transportation, pursuant to Title 23, United States Code, as amended;

[(3)] (8) "Members of the patrol", the superintendent, lieutenant colonel, majors, captains, director of radio, lieutenants, sergeants, corporals and patrolmen of the Missouri state highway patrol;

[(4)] (9) "Off-road vehicle", any vehicle designed for or capable of cross-country travel on or immediately over land, water, ice, snow, marsh, swampland, or other natural terrain without benefit of a road or trail:

(a) Including, without limitation, the following:

a. Jeeps;

b. All-terrain vehicles;

c. Dune buggies;

d. Multiwheel drive or low-pressure tire vehicles;

e. Vehicle using an endless belt, or tread or treads, or a combination of tread and low-pressure tires;

f. Motorcycles, trail bikes, minibikes and related vehicles;

g. Any other means of transportation deriving power from any source other than muscle or wind; and

(b) Excluding the following:

a. Registered motorboats;

b. Aircraft;

c. Any military, fire or law enforcement vehicle;

d. Farm-type tractors and other self-propelled equipment for harvesting and transporting farm or forest products;

e. Any vehicle being used for farm purposes, earth moving, or construction while being used for such purposes on the work site;

f. Self-propelled lawnmowers, or lawn or garden tractors, or golf carts, while being used exclusively for their designed purpose; and

g. Any vehicle being used for the purpose of transporting a handicapped person;

[(5)] (10) "Person", any natural person, corporation, or other legal entity[.];

(11) "Right-of-way", the entire width of land between the boundary lines of a state highway, including any roadway;

(12) "Roadway", that portion of a state highway ordinarily used for vehicular travel, exclusive of the berm or shoulder;

(13) "State highway", a highway constructed or maintained by the state highways and transportation commission with the aid of state funds or United States government funds, or any highway included by authority of law in the state highway system, including all right-of-way;

(14) "Towing company", any person or entity which tows, removes or stores abandoned property;

(15) "Urbanized area", an area with a population of fifty thousand or more designated by the Bureau of the Census, within boundaries to be fixed by the state highways and transportation commission and local officials in cooperation with each other and approved by the Secretary of Transportation. The boundary of an urbanized area shall, at a minimum, encompass the entire urbanized area as designed by the Bureau of the Census.

304.151. 1. Except in the case of an accident resulting in the injury or death of any person, the driver of a vehicle which for any reason obstructs the regular flow of traffic on the roadway of any state highway shall make every reasonable effort to move the vehicle or have it moved so as not to block the regular flow of traffic.

2. Prior to January 1, 1999, any person who fails to comply with the requirements of this section shall be issued a written warning of the violation in order to inform such persons of the requirements of this section. Beginning January 1, 1999, any person who fails to comply with the requirements of this section is guilty of an infraction and, upon conviction thereof, shall be punished by a fine of not less than ten dollars nor more than fifty dollars.

304.155. 1. Any [member of the state highway patrol, sheriff, or other] law enforcement officer within [his] the officer's jurisdiction, or an officer of a government agency where that agency's real property is concerned, may authorize a [service station, towing operator, salvage dealer, or motor vehicle repair shop] towing company to remove to a place of safety:

(1) [Any vehicle from the right-of-way of any highway constructed and maintained by the state highways and transportation commission if the vehicle has been left unattended on the right-of-way for more than forty-eight hours;] Any abandoned property on the right-of-way of:

(a) Any interstate highway or freeway in an urbanized area, left unattended for ten hours;

(b) Any interstate highway or freeway outside of an urbanized area, left unattended for forty-eight hours;

(c) Any state highway other than an interstate highway or freeway in an urbanized area, left unattended for more than ten hours; or

(d) Any state highway other than an interstate highway or freeway outside of an urbanized area, left unattended for more than forty-eight hours;

provided that commercial motor vehicles not hauling waste designated as hazardous under 49 U.S.C. 5103(a) may only be removed under this subdivision to a place of safety until the owner or owner's representative has had a reasonable opportunity to contact a towing company of choice;

(2) Any unattended [vehicle] abandoned property illegally left standing upon any highway or bridge if the [vehicle] abandoned property is left in a position or under such circumstances as to obstruct the normal movement of traffic where there is no reasonable indication that the person in control of the property is arranging for its immediate control or removal;

(3) Any [vehicle] abandoned property which has been abandoned under section 577.080, RSMo;

(4) Any [vehicle] abandoned property which has been reported as stolen or taken without consent of the owner;

(5) Any [vehicle] abandoned property for which the person [driving] operating such [vehicle] property is arrested for an alleged offense for which the officer is required to take the person into custody and where such person is unable to arrange for the property's timely removal; [or]

(6) Any [vehicle] abandoned property which due to any other state law or local ordinance is subject to towing because of the owner's outstanding traffic or parking violations[.];

(7) Any abandoned property left unattended in violation of a state law or local ordinance where signs have been posted giving notice of the law or where the violation causes a safety hazard; or

(8) Any abandoned property illegally left standing on the waters of this state as defined in section 306.010, RSMo, where the abandoned property is obstructing the normal movement of traffic, or where the abandoned property has been unattended for more than ten hours or floating loose on the water.

2. The state highways and transportation department may immediately remove any abandoned, unattended, wrecked, burned or partially dismantled property, spilled cargo or other personal property from the roadway of any state highway if the abandoned property, cargo or personal property is creating a traffic hazard because of its position in relation to the state highway. In the event the property creating a traffic hazard is a commercial motor vehicle, as defined in section 302.700, RSMo, the department's authority under this subsection shall be limited to authorizing a towing company to remove the commercial motor vehicle to a place of safety, except that the owner of the commercial motor vehicle or the owner's designated representative shall have a reasonable opportunity to contact a towing company of choice. The provisions of this subsection shall not apply to vehicles transporting any material which has been designated as hazardous under section 5103(a) of Title 49, United States Code.

3. Any government agency other than a law enforcement agency authorizing a tow under this section in which the abandoned property is moved away from the immediate vicinity in which it was abandoned shall report the towing to the state highway patrol or water patrol within one hour of the tow along with a description of the abandoned property sufficient to make a criminal inquiry as required in this section.

[2.] 4. Neither the law enforcement officer nor anyone having custody of [a vehicle] abandoned property under his direction shall be liable for any damage to such [vehicle] abandoned property occasioned by a removal authorized by [subdivision (1), (3), or (5) of subsection 1 of] this section or by ordinance of a county or municipality licensing and regulating the sale of abandoned property by the municipality, other than damages occasioned by [gross] negligence or by willful or wanton acts or omissions.

[3.] 5. The owner of [a vehicle] abandoned property removed as provided in this section or in section 304.157 shall be responsible for payment of all reasonable charges for towing and storage of such [vehicle] abandoned property as provided in section 304.158.

[4.] 6. Upon the towing of any [vehicle] abandoned property under this section[,] or section 304.157, the law enforcement agency that authorized such towing or was properly notified of such towing shall make an inquiry with the national crime information center and any statewide Missouri law enforcement computer system to determine if the [vehicle] abandoned property has been reported as stolen[.] and shall enter the information pertaining to the towed property into the statewide law enforcement computer system. The law enforcement [officer who authorized the tow] agency shall submit a crime inquiry and inspection report to the director of revenue, on any unclaimed abandoned property, within [five] ten working days of the towing of the [vehicle] abandoned property. [Such] The crime inquiry and inspection report shall include the following:

(1) The year, model, make and [vehicle] property identification number of the [vehicle] property;

(2) A description of any damage to the [vehicle] property noted by the law enforcement officer;

(3) The license [number] plate or registration number and the state of issuance, if available;

(4) The storage location of the towed [vehicle] property;

(5) The name, telephone number and address of the [tower] towing company;

(6) The date [of the authorization to tow], place and reason for the towing of the [vehicle; and] abandoned property;

(7) The date of the inquiry of the national crime information center [and], any statewide Missouri law enforcement computer system and any other similar system which has titling and registration information to determine if the [vehicle] abandoned property had been stolen[.];

(8) The signature and printed name of the law enforcement officer and the towing operator; and

(9) Any additional information the director of revenue deems appropriate.

[5. The director of revenue shall notify the owner and any holder of a recorded security interest in the towed vehicle of its location, the name and business address of the person who towed the vehicle, and the right of the person who towed the vehicle to obtain a certificate of title on the vehicle if the towing and storage charges are not paid. This notice shall be given within fifteen working days of the receipt of the towing report from the law enforcement agency.]

7. The department of revenue may design and make available to police agencies throughout the state a uniform "Authorization to Tow" form. The form shall contain lines for time, date, location, descriptive information of the vehicle, reason for towing, the tow operator and company and signature of authorizing officer. The cost of the forms will be determined by the department of revenue. The completed form shall be issued by the authorizing officer to the tow operator for that company's records as proof of authorization to tow a particular vehicle.

8. One copy of the crime inquiry and inspection report shall remain with the agency which authorized the tow. One copy shall be provided to and retained by the storage facility and one copy shall be retained by the towing facility in an accessible format in the business records for a period of three years from the date of the tow or removal.

[6.] 9. The owner of such [vehicle] abandoned property, or the holder of a valid security interest [thereon which is in default] of record, may reclaim it from the [service station, towing operator, salvage dealer, or motor vehicle repair shop,] towing company upon proof of ownership or valid security interest [which is in default] of record and payment of all reasonable charges for the towing and storage of the [vehicle] abandoned property.

[7.] 10. Any person who removes [a motor vehicle] abandoned property at the direction of a law enforcement officer or an officer of a government agency where that agency's real property is concerned as provided in this section shall have a lien for all reasonable charges for the towing and storage of the [vehicle,] abandoned property until possession of the [vehicle] abandoned property is voluntarily relinquished to the owner of the [vehicle,] abandoned property or to the holder of a valid security interest [thereon which is in default] of record. Any personal property within the [vehicle] abandoned property need not be released to the owner thereof until the reasonable or agreed charges for such recovery, transportation or safekeeping have been paid or satisfactory arrangements for payment have been made, except that [personal medical supplies] any medication prescribed by a physician shall be released to the owner thereof upon request. The company holding or storing the abandoned property shall either release the personal property to the owner of the abandoned property or allow the owner to inspect the property and provide an itemized receipt for the contents. The company holding or storing the property shall be strictly liable for the condition and safe return of the personal property. Such lien shall be enforced in the [following manner:] manner provided under section 304.156.

[(1) The lienholder in possession shall request the law enforcement agency which authorized the towing to make inquiry with the national crime information center and any statewide Missouri law enforcement computer system to determine if the vehicle had been reported stolen and in whose name the vehicle is registered;

(2) The lienholder in possession shall notify by registered mail, postage prepaid, the owner if known, and any lienholders of record, at their last known addresses, that application for a certificate of title will be made unless the owner or lienholder of record makes satisfactory arrangements with the person holding the vehicle for payment of towing and storage within thirty days of the mailing of the notice. This notice shall be supplied by the use of a form designed and provided by the director of revenue;

(3) Thirty days after the notification form has been mailed and the vehicle is unredeemed and no satisfactory arrangement has been made with the lienholder in possession for continued storage, the lienholder in possession may apply to the director of revenue for a certificate of title if the towed vehicle is titled in Missouri. The application shall be accompanied by:

(a) The original or a conformed or photostatic copy of the written report of the law enforcement officer authorizing the tow;

(b) An affidavit of the lienholder in possession that he has been in possession of the towed vehicle for thirty days and that the owner has failed to make arrangements for payment of towing and storage charges;

(c) A copy of the receipt indicating that the owner or lienholder of record has received the notice required by subdivision (2) of this subsection;

(d) An inspection certificate shall be completed by the officer who authorized the tow on a form provided by the department of revenue. If the officer who authorized the tow is not available to inspect the vehicle and complete the certificate, the law enforcement agency which authorized the tow may designate another officer to inspect the vehicle and complete the form. The inspection shall be made at least thirty days after the date of towing. The inspection certificate shall be dated to reflect the date of the inspection. For titles requested pursuant to this section, no fee shall be required.

8. If a certificate of ownership has not been previously issued in Missouri on the towed vehicle, the lienholder in possession of the vehicle shall obtain ownership verification from the state in which the vehicle was last registered or titled, if known. If the lienholder is unable to determine the last known state of issuance of certificate of ownership or registration, he shall request ownership verification through any available nationwide network of vehicle records and shall notify the last owner of record and lienholder. The lienholder, upon notification of the last owner and any lienholder of record, shall comply with subsection 7 of this section before a certificate of ownership is issued.

9. Upon proof of the foregoing by proper affidavit, the director of revenue shall, if requested, issue a new certificate of title to the lienholder in possession.

10. Towing operators, service stations, salvage dealers, or motor vehicle repair shops who tow or store vehicles according to this section]

11. Towing companies shall keep a record for three years on [each vehicle] any abandoned property towed and not reclaimed by the owner of the [vehicle] abandoned property. Such record shall contain a copy of the law enforcement officer's authorization to tow, copies of all correspondence with the department of revenue concerning the [vehicle] abandoned property, and information concerning the final disposition of the possession of the [vehicle] abandoned property.

[11. Except for the provisions of subdivisions (4) and (6) of subsection 1 of this section, this section shall not apply to municipalities or counties having ordinances regulating the removal, sale and licensing of vehicles. Municipalities or counties having such ordinances shall file a copy of the ordinances with the department of revenue.

12. Any other provision of law to the contrary notwithstanding, any municipality or county which sells an abandoned vehicle in accordance with a local ordinance may transfer ownership by means of a bill of sale signed by the municipal or county clerk or deputy and sealed with the official municipal or county seal. Such bill of sale shall contain the make and model of the vehicle, the complete vehicle identification number and the odometer reading of the vehicle and shall be lawful proof of ownership for any dealer registered under the provisions of section 301.218 or 301.251, RSMo, or for any other person. Any dealer or other person purchasing such a vehicle from a municipality or county shall apply within thirty days of purchase for a certificate of ownership as provided in section 301.190, RSMo, or for a junking certificate as provided in section 301.227, RSMo. Anyone convicted of a violation of this section shall be guilty of an infraction.]

12. If a lienholder repossesses any motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel by having such property towed, then the towing company and the lienholder shall notify the Missouri state highway patrol of such tow within one hour of the tow being made and shall further provide the patrol with any additional information the patrol deems appropriate.

304.156. 1. Within five working days of receipt of the crime inquiry and inspection report under section 304.155 or the abandoned property report under section 304.157, the director of revenue shall search the records of the department of revenue, or initiate an inquiry with another state, if the evidence presented indicated the abandoned property was registered or titled in another state, to determine the name and address of the owner and/or lienholder, if any. After ascertaining the name and address of the owner and/or lienholder, if any, the department shall, within fifteen working days, notify the towing company and owner or lienholder. Any towing company which comes into possession of abandoned property pursuant to section 304.155 or 304.157 and who claims a lien for recovering, towing or storing abandoned property shall give notice to the title owner and to all persons claiming a lien thereon, as disclosed by the records of the department of revenue or of a corresponding agency in any other state. The towing company shall notify the owner and/or lienholder within ten business days of the date of mailing indicated on the notice sent by the department of revenue, by certified mail, return receipt requested. The notice shall contain the following:

(1) The name, address and telephone number of the storage facility;

(2) The date, reason and place from which the abandoned property was removed;

(3) A statement that the amount of the accrued towing, storage and administrative costs are the responsibility of the owner, and that storage and/or administrative costs will continue to accrue as a legal liability of the owner until the abandoned property is redeemed;

(4) A statement that the storage firm claims a possessory lien for all such charges;

(5) A statement that the owner or holder of a valid security interest of record may retake possession of the abandoned property at any time during business hours by proving ownership or rights to a secured interest and paying all towing and storage charges;

(6) A statement that, should the owner consider that the towing or removal was improper or not legally justified, the owner has a right to request a hearing as provided in this section to contest the propriety of such towing or removal;

(7) A statement that if the abandoned property remains unclaimed for thirty days from the date of mailing the notice, title to the abandoned property will be transferred to the person or firm in possession of the abandoned property free of all prior liens; and

(8) A statement that any charges in excess of the value of the abandoned property at the time of such transfer shall remain a liability of the owner.

2. A towing company may assess storage charges for abandoned property only for the time in which it complies with the procedural requirements of this section.

3. In the event that the records of the department of revenue fail to disclose the name of the owner or any lienholder of record, the department shall notify the towing company which shall attempt to locate documents or other evidence of ownership on or within the abandoned property itself. The towing company must certify that a physical search of the abandoned property disclosed no ownership documents were found and a good faith effort has been made. For purposes of this section, good faith effort means that the following checks have been performed by the company to establish the prior state of registration and title:

(1) Check of the abandoned property for any type of license plates, license plate record, temporary permit, inspection sticker, decal or other evidence which may indicate a state of possible registration and title;

(2) Check the law enforcement report for a license plate number or registration number if the abandoned property was towed at the request of a law enforcement agency;

(3) Check the tow ticket/report of the tow truck operator to see if a license plate was on the abandoned property at the beginning of the tow, if a private tow; and

(4) If there is no address of the owner on the impound report, check the law enforcement report to see if an out-of-state address is indicated on the driver license information.

4. If no ownership information is discovered, the director of revenue shall be notified in writing and title obtained in accordance with subsection 6 of this section.

5. (1) The owner of the abandoned property removed pursuant to the provisions of section 304.155 or 304.157 or any person claiming a lien, other than the towing company, within ten days after the receipt of notification from the towing company pursuant to subsection 1 of this section may file a petition in the associate circuit court in the county where the abandoned property is stored to determine if the abandoned property was wrongfully taken or withheld from the owner. The petition shall name the towing company among the defendants. The petition may also name the agency ordering the tow or the owner, lessee or agent of the real property from which the abandoned property was removed. The director of revenue shall not be a party to such petition but a copy of the petition shall be served on the director of revenue who shall not issue title to such abandoned property pursuant to this section until the petition is finally decided.

(2) Upon filing of a petition in the associate circuit court, the owner or lienholder may have the abandoned property released upon posting with the court a cash or surety bond or other adequate security equal to the amount of the charges for towing and storage to ensure the payment of such charges in the event he does not prevail. Upon the posting of the bond and the payment of the applicable fees, the court shall issue an order notifying the towing company of the posting of the bond and directing the towing company to release the abandoned property. At the time of such release, after reasonable inspection, the owner or lienholder shall give a receipt to the towing company reciting any claims for loss or damage to the abandoned property or the contents thereof.

(3) Upon determining the respective rights of the parties, the final order of the court shall provide for immediate payment in full of recovery, towing, and storage fees by the abandoned property owner or lienholder or the owner, lessee, or agent thereof of the real property from which the abandoned property was removed.

6. A towing and/or storage lien shall be enforced as provided in subsection 7 of this section.

7. Thirty days after the notification form has been mailed to the abandoned property owner and holder of a security agreement and the property is unredeemed and no satisfactory arrangement has been made with the lienholder in possession for continued storage, and the owner or holder of a security agreement has not requested a hearing as provided in subsection 4 of this section, the lienholder in possession may apply to the director of revenue for a salvage certificate of title designated with the words "salvage/abandoned property" or junking certificate based on the condition of the abandoned property as stated in the abandoned property report or crime inquiry and inspection report. The application for title shall be accompanied by:

(1) An affidavit from the lienholder in possession that he has been in possession of the abandoned property for at least thirty days and the owner of the abandoned property or holder of a security agreement has not made arrangements for payment of towing and storage charges;

(2) An affidavit that the lienholder in possession has not been notified of any application for hearing as provided in this section;

(3) A copy of the abandoned property report or crime inquiry and inspection form;

(4) A copy of the thirty-day notice given by certified mail to any owner and person holding a valid security interest and a copy of the certified mail receipt indicating that the owner and lienholder of record has received notice as required in this section.

8. If notice to the owner and holder of a security agreement has been returned marked "not forwardable" or "addressee unknown", the lienholder in possession shall comply with subsection 3 of this section.

9. Any municipality or county may adopt an ordinance regulating the removal and sale of abandoned property provided such ordinance is consistent with sections 304.155 to 304.158.

10. Any municipality or county which has physical possession of the abandoned property and which sells abandoned property in accordance with a local ordinance may transfer ownership by means of a bill of sale signed by the municipal or county clerk or deputy and sealed with the official municipal or county seal. Such bill of sale shall contain the make and model of the abandoned property, the complete abandoned property identification number and the odometer reading of the abandoned property if available and shall be lawful proof of ownership for any dealer registered under the provisions of section 301.218, RSMo, or section 301.560, RSMo, or for any other person. Any dealer or other person purchasing such property from a municipality or county shall apply within thirty days of purchase for a junking certificate or salvage certificate of title designated with the words "salvage/abandoned property". Anyone convicted of a violation of this section shall be guilty of an infraction.

11. Any persons who have towed abandoned property prior to the effective date of this section may, within one year after the effective date, apply to the department of revenue for either a junking certificate or a salvage certificate of title designated with the words "salvage/abandoned property" to such property. The application shall be accompanied by:

(1) A notarized affidavit explaining the circumstances by which the abandoned property came into their possession, including the name of the owner or possessor of real property from which the abandoned property was removed;

(2) The date of the removal;

(3) The current location of the abandoned property;

(4) An inspection of the abandoned property as prescribed in section 304.155; and

(5) A copy of the thirty-day notice given by certified mail to any owner and person holding a valid security interest of record and a copy of the certified mail receipt.

12. If the director is satisfied with the genuineness of the application and supporting documents submitted pursuant to this section, the director shall issue a salvage certificate of title designated with the words "salvage/abandoned property" or a junking certificate.

304.157. 1. If a person abandons [a vehicle] property, as defined in section [301.010] 304.001, RSMo, on any real property owned by another without the consent of the owner or person in possession of the property, at the request of the person in possession of the real property, any member of the state highway patrol, state water patrol, sheriff, or other law enforcement officer within his jurisdiction may authorize a [service station, towing operator, salvage dealer, or vehicle repair shop] towing company to remove such [vehicle] abandoned property from the property[. For purposes of this section, a person abandons a vehicle if he leaves] in the following circumstances:

(1) The [vehicle] abandoned property is left unattended for more than forty-eight hours[, or less if the abandoned vehicle,]; or

(2) In the judgment of a law enforcement officer, the abandoned property constitutes a safety hazard or unreasonably interferes with the use of the real property by the person in possession.

[The law enforcement officer shall have no authority to remove a vehicle from real property owned by another prior to the expiration of forty-eight hours after the vehicle is placed on the property or notice given by the owner of the property, unless the abandoned vehicle, in the judgment of the law enforcement officer, constitutes a safety hazard or unreasonably interferes with the use of the real property by the person in possession. The owner of a vehicle removed as provided in this section shall be responsible for payment of all reasonable charges for towing and storage of such vehicle.]

2. The owner of real property or lessee in lawful possession of the real property may authorize a towing company to remove abandoned property without authorization by a law enforcement officer only when the owner, lessee or agent of the real property is present and only under any of the following circumstances:

(1) There is displayed, in plain view at all entrances to the property, a sign not less than seventeen by twenty-two inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that unauthorized abandoned property will be removed at the owner's expense, disclosing the maximum fee for all charges related to towing and storage, and containing the telephone number of the local traffic law enforcement agency where information can be obtained;

(2) The abandoned property is on private property and lacks an engine, transmission, wheels, tires, doors, windshield or any other major part or equipment necessary to operate safely on the highways, the owner or lessee of the private property has notified the city police or county sheriff, as appropriate, and ninety-six hours have elapsed since that notification; or

(3) The abandoned property is left unattended on private property, and the owner, lessee or agent of the real property in lawful possession of real property has notified the appropriate law enforcement agency, and ten days have elapsed since that notification.

3. Pursuant to this section, any owner or lessee in lawful possession of real property that requests a towing company to tow abandoned property without authorization from a law enforcement officer shall within one hour of the tow file an abandoned property report with the appropriate law enforcement agency where the property is located. The report shall contain the following:

(1) The year, model, make and abandoned property identification number of the property;

(2) A description of any damage to the property noted by owner or lessee in possession of the real property;

(3) The license plate or registration number and the state of issuance, if available;

(4) The physical location of the property and the reason for requesting the property to be towed;

(5) The date the report is completed;

(6) The signature and printed name of the owner or lessee in possession of the real property; and

(7) The name of the law enforcement agency notified of the abandoned property.

The department of revenue may design and make available to police agencies throughout the state a uniform "Authorization to Tow" form. The form shall contain lines for time, date, location, descriptive information of the vehicle, reason for towing, the tow operator and company and signature of authorizing officer. The cost of the forms shall be determined by the department of revenue. The completed form shall be issued by the authorizing officer to the tow operator for that company's records as proof of authorization to tow a particular vehicle.

4. The law enforcement agency receiving such abandoned property report must record the date the abandoned property report is filed with such agency and within five days of such filing make an inquiry into the national crime information center and any statewide Missouri law enforcement computer system to determine if the abandoned property has been reported as stolen. The law enforcement agency shall enter the information pertaining to the towed property into the statewide enforcement computer system. The department of revenue may design and sell to towing companies informational brochures outlining owner or lessee of real property obligations pursuant to this section.

[2.] 5. Neither the law enforcement officer nor anyone having custody of [a vehicle] abandoned property under his direction shall be liable for any damage to such [vehicle] abandoned property occasioned by a removal authorized by this section other than damages occasioned by [gross] negligence or by willful or wanton acts or omissions.

6. Any towing company which tows abandoned property without authorization from a law enforcement officer pursuant to subdivision (1) of subsection 2 of this section shall within one hour of the tow report the event and the circumstances to the local law enforcement agency where the abandoned property report was filed.

7. The law enforcement agency receiving notification that abandoned property has been towed by a towing company shall record the date the property was towed and shall forward a copy of the abandoned property report to the director of revenue.

8. If any owner or lessee of real property authorizes the removal of abandoned property pursuant to subsection 2 of this section and such property is so removed and no sign is displayed prior to such removal as required pursuant to subsection 2 of this section, then the owner or lessee shall be deemed guilty of a class C misdemeanor.

[3. Upon the towing of any vehicle under this section the law enforcement agency that authorized such towing shall make any inquiry with the national crime information center and any statewide Missouri law enforcement computer system to determine if the vehicle has been reported as stolen. The law enforcement officer who authorized the tow shall submit a report to the director of revenue within five working days of the towing of the vehicle. Such report shall include the following:

(1) The year, model, make and vehicle identification number of the vehicle;

(2) A description of any damage to the vehicle noted by the law enforcement officer;

(3) The license number;

(4) The storage location of the towed vehicle;

(5) The name and address of the tower;

(6) The date of the authorization to tow the vehicle; and

(7) The date of the inquiry of the national crime information center and any statewide Missouri law enforcement computer system to determine if the vehicle had been stolen.

4. The director of revenue shall notify the owner and any holder of a security interest in the towed vehicle of its location, the name and business address of the person who towed the vehicle, and the right of the person who towed the vehicle to obtain a certificate of title on the vehicle if the towing and storage charges are not paid. This notice shall be given within fifteen working days of the receipt of the towing report from the law enforcement agency.

5. The owner of such vehicle, or the holder of a valid security interest thereon which is in default, may reclaim it from the service station, towing operator, salvage dealer, or motor vehicle repair shop, upon proof of ownership or valid security interest which is in default and payment of all reasonable charges for the towing and storage of the vehicle.

6. Any person who removes a vehicle at the direction of a law enforcement officer as provided in this section shall have a lien for all reasonable charges for the towing and storage of the vehicle, until possession of the vehicle is voluntarily relinquished to the owner of the vehicle, or to the holder of a valid security interest thereon which is in default. Any personal property within the vehicle need not be released to the owner thereof until the reasonable or agreed charges for such recovery, transportation or safekeeping have been paid or satisfactory arrangements for payment have been made, except that personal medical supplies shall be released to the owner thereof upon request. If the vehicle is titled in Missouri, such lien shall be enforced in the following manner:

(1) The lienholder in possession shall request the law enforcement agency which authorized the towing to make inquiry with the national crime information center and any statewide Missouri law enforcement computer system to determine if the vehicle had been reported stolen and in whose name the vehicle was registered;

(2) The lienholder in possession shall notify by registered mail, postage prepaid, the owner if known, and any lienholders of record, at their last known addresses, that application for a certificate of title will be made unless the owner or lienholder of record makes satisfactory arrangements with the person holding the vehicle for payment of towing and storage within sixty days of the mailing of the notice. This notice shall be supplied by the use of a form designed and provided by the director of revenue;

(3) Sixty days after the notification form has been mailed and the vehicle is unredeemed and no satisfactory arrangement has been made with the lienholder in possession for continued storage, the lienholder in possession may apply to the director of revenue for a certificate of title. The application shall be accompanied by:

(a) The original or a conformed or photostatic copy of the written request of the law enforcement officer authorizing the tow;

(b) An affidavit of the lienholder in possession that he has been in possession of the towed vehicle for sixty days and that the owner has failed to make arrangements for payment of towing and storage charges;

(c) A copy of the receipt indicating that the owner or lienholder of record has received the notice required by subdivision (2) of this subsection;

(d) An inspection certificate shall be completed by the officer who authorized the tow on a form provided by the department of revenue. If the officer who authorized the tow is not available to inspect the vehicle and complete the certificate, the law enforcement agency which authorized the tow may designate another officer to inspect the vehicle and complete the form. The inspection shall be made at least sixty days after the date of towing. The inspection certificate shall be dated to reflect the date of the inspection;

(e) A fee of seven dollars and fifty cents.

7. Upon proof of the foregoing by proper affidavit, the director of revenue shall, if requested, issue a new certificate of title to the lienholder in possession.

8. Towing operators, service stations, salvage dealers, or motor vehicle repair shops which tow or store vehicles according to this section shall keep a record for three years on each vehicle towed and not reclaimed by the owner of the vehicle. Such record shall contain a copy of the law enforcement officer's authorization to tow, copies of all correspondence with the department of revenue concerning the vehicle, and information concerning the final disposition of the possession of the vehicle.

9. This section shall not apply in cities having ordinances regulating the removal, sale, and licensing of abandoned vehicles.]

304.158. 1. The person or agency causing removal of any abandoned property under section 304.155 or 304.157 shall, if the person or agency knows the registered owner or lienholder, within five working days, give notice in writing to the registered owner and any lienholder of the fact of the removal, the grounds for the removal, and indicate the place to which the property has been removed. If the abandoned property is stored in any storage facility, a copy of the notice shall be given to the operator of the facility. The notice provided for in this section shall include the amount of mileage if available shown on the abandoned property at the time of removal.

2. Any owner of any private real estate causing the removal of abandoned property from that real estate shall state the grounds for the removal of the abandoned property if requested by the registered owner of that abandoned property. Any towing company that lawfully removes abandoned property from private property with the written authorization of the property owner or the property owner's agent who is present at the time of removal shall not be held responsible in any situation relating to the validity of the removal. Any towing company that removes abandoned property at the direction of the landowner shall be responsible for:

(1) Any damage caused by the towing company to the property in the transit and subsequent storage of the property; and

(2) The removal of property other than the property specified by the owner of the private property from which the abandoned property was removed.

3. The owner of abandoned property removed from private property may recover for any damage to the property resulting from any act of any person causing the removal of, or removing, the abandoned property.

4. Any owner of any private property causing the removal of abandoned property parked on that property is liable to the owner of the abandoned property for double the storage or towing charges whenever there has been a failure to comply with the requirements of this section or to state the grounds for the removal of the property if requested by the registered owner of the abandoned property as required by subsection 2 of this section.

5. Any towing company which tows abandoned property for hire shall have the towing company's name, city and state clearly printed in letters at least three inches in height on the sides of the truck, wrecker or other vehicle used in the towing.

6. A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of abandoned property at the request of the owner of private property or that owner's agent pursuant to this section if the owner of the abandoned property or the owner's agent returns to the abandoned property before it is removed from the private property. The regular towing charge may only be imposed after the abandoned property has been removed from the property and is in transit.

7. Persons operating or in charge of any storage facility where the abandoned property is stored pursuant to this section shall accept cash for payment of towing and storage by a registered owner or the owner's agent claiming the abandoned property. Persons operating or in charge of any storage facility which is not operated by the state, a county or municipality, which is located in an area with a population in excess of fifty thousand at a density at or greater than one thousand persons per square mile, and where the abandoned property is stored pursuant to this section shall accept a valid bank credit card for payment of towing and storage by a registered owner or the owner's agent claiming the abandoned property, except where the tow and impoundment of the abandoned property was the result of an arrest or accident whereby the towing company or storage facility may then demand payment in the form of cash. A person operating or in charge of such storage facility who refuses to accept a valid bank credit card pursuant to this subsection is liable to the registered owner of the abandoned property for four times the amount of the towing and storage charges, but not to exceed five hundred dollars. In addition, persons operating or in charge of the storage facility shall have sufficient moneys on the premises to accommodate, and make change in, a reasonable monetary transaction.

8. A towing company shall not remove or commence the removal of abandoned property from private property without first obtaining written authorization from the property owner. All written authorizations shall be maintained for at least one year by the towing company. General authorization to remove or commence removal of abandoned property at the towing company's discretion shall not be delegated to a towing company or its affiliates except in the case of abandoned property unlawfully parked within fifteen feet of a fire hydrant or in a fire lane designated by a fire department or the state fire marshal.

9. Any towing company, or any affiliate of a towing company, which removes, or commences removal of, abandoned property from private property without first obtaining written authorization from the property owner or lessee, or an employee or agent thereof, who is present at the time of removal or commencement of the removal, except as permitted in subsection 8 of this section, is liable to the owner of the property for four times the amount of the towing and storage charges, in addition to any applicable criminal penalty, for a violation of this section.

10. Any county, city, town or village may enact ordinances or orders which are consistent with sections 304.155 to 304.158 and which may specify maximum reasonable towing, storage and other charges which can be imposed by towing and storage companies operating within the governmental entity's jurisdiction.

11. Any person who knowingly violates any provision of sections 304.155 to 304.158 shall be guilty of a class A misdemeanor. Any violation of the provisions of section 304.158 shall constitute a violation of the provisions of section 407.020, RSMo. In any proceeding brought by the attorney general for a violation of the provisions of section 304.158, the court may, in addition to imposing the penalties provided for in section 304.158 order the revocation or suspension of the registration or license of the towing company.

[304.575. 1. Any vehicle over ten years of age which is abandoned on private property for seven days after request for removal under section 304.157 may be towed by a service station, towing operator or a salvage business dealer licensed under section 301.218, RSMo, at the written authorization of the owner or lessee of the property. Such business shall be liable only for damage caused to such vehicle by gross negligence or willful acts or omissions.

2. The owner of the vehicle removed shall be responsible for all reasonable towing and storage charges. The person or business towing the vehicle shall have a lien for all reasonable towing and storage charges, if any, until possession of the vehicle is voluntarily relinquished to the owner of the vehicle or to the holder of a valid security interest of record. Any personal property within the vehicle need not be released to the owner thereof until the reasonable or agreed charges for such recovery, transportation or safekeeping have been paid or satisfactory arrangements for payment have been made, except that personal medical supplies shall be released to the owner thereof upon request.

3. Upon towing a vehicle under this section, the tower shall send a report to the director of revenue, including the following:

(1) The year, model, make and vehicle identification number of the vehicle;

(2) The license plate number, if available;

(3) The storage location of the towed vehicle;

(4) The name and address of the tower;

(5) The name and address of the person requesting the tow of the vehicle and the date of the request; and

(6) A description of damage to the vehicle.

4. The director of revenue shall make an inquiry with the national crime information center and any statewide Missouri law enforcement computer system to determine if the vehicle has been reported as stolen. If the vehicle has been reported as stolen, the director shall notify the appropriate law enforcement officials and the tower. The director of revenue shall notify the tower of the names of the last title holder and any persons holding valid security interests of record at no fee. This information shall be sent within fifteen working days of the inquiry by the tower. The tower shall then notify the last title holder and any persons holding valid security interests of record by certified mail of the following: the location of the vehicle; the name and address of the tower; the towing and storage charges due; and the right of the tower to obtain a certificate of ownership if the towing and storage charges are not paid within thirty days.

5. The owner of the towed vehicle, or the holder of a valid security interest of record, may reclaim the vehicle upon proof of ownership or security interest and payment of reasonable towing and storage charges to the tower.

6. The lienholder may apply for a junking certificate or a salvage certificate of title if neither the vehicle owner nor any holder of a valid security interest have claimed the vehicle within thirty days after the delivery of the notice by certified mail. The application shall be accompanied by the return receipt(s) of the notice(s) sent by certified mail, by a copy of the written authorization of the owner or lessee to the tower for removal of the vehicle, by an affidavit of the lienholder that the owner and/or security interest holder has failed to pay the applicable charges within thirty days after delivery of the notice(s) by certified mail and, in the case of a salvage certificate of ownership, a fee of seven dollars and fifty cents. The director of revenue shall issue the appropriate certificate of ownership upon receipt of the foregoing.

7. Towers of vehicles under this section shall maintain a record for three years on each vehicle towed and not reclaimed. These records shall contain copies of all correspondence with the department of revenue concerning the vehicle and information concerning the final disposition of the vehicle.

8. Any persons who have towed vehicles over ten years of age, abandoned on private property, prior to July 1, 1989, may, within one year after July 1, 1989, apply to the department of revenue for either a junking certificate or a salvage certificate of title. The application shall be accompanied by: a notarized affidavit explaining the circumstances by which the vehicle came into their possession, including the name of the owner or lessee of the property from which the vehicle was removed, the date of removal, and the current location of the vehicle; a report in accordance with subsection 3 of this section; the thirty-day notice given by certified mail to any owner or person holding valid security interest of record; and, in the case of a salvage certificate of title, a fee of seven dollars and fifty cents. The director of revenue shall issue the appropriate certificate upon receipt of the foregoing.]

[306.906. 1. Any member of the state water patrol, sheriff, or other law enforcement officer within the officer's jurisdiction may remove or authorize a towing operator to remove to a place of safety:

(1) Any vessel or outboard motor from the right-of-way of any waters of this state as defined in section 306.010, if the vessel or outboard motor has been left unattended for more than forty-eight hours and if left in a position or under such circumstances as to obstruct the normal movement of traffic on the waters of this state;

(2) Any vessel or outboard motor illegally left standing on any waters of this state as defined in section 306.010, if such vessel or outboard motor is left in a position or under such circumstances as to obstruct the normal movement of traffic on the waters of this state;

(3) Any vessel or outboard motor which has been reported as stolen or taken without the consent of the owner; or

(4) Any vessel or outboard motor for which the person operating such vessel or outboard motor is arrested for an alleged offense for which the person is taken into custody.

2. No law enforcement officer or any other person having custody of a vessel or outboard motor under the person's direction shall be liable for any damage to such vessel or outboard motor occasioned by a removal authorized by subsection 1 of this section other than damages occasioned by gross negligence or by willful or wanton acts or omissions.

3. The owner of a vessel or outboard motor removed as provided in this section shall be responsible for payment of all reasonable charges for towing and storage of such vessel or outboard motor.

4. Upon the towing of any vessel or removal of any outboard motor under this section, the law enforcement agency that authorized such towing or removal shall make an inquiry with the National Crime Information Center and any statewide Missouri law enforcement computer system to determine if the vessel or outboard motor has been reported stolen. The law enforcement officer who authorized the tow or removal shall submit a report to the department of revenue within five working days of the towing of the vessel or removal of the outboard motor. Such report shall include the following:

(1) The year, make, model and manufacturer's identification number of the vessel or outboard motor;

(2) A description of any damage to the vessel or outboard motor noted by the law enforcement officer;

(3) The certificate of number or registration number assigned to the vessel or outboard motor;

(4) The storage location of the towed vessel or outboard motor;

(5) The name and address of the towing operator;

(6) The date of the authorization to tow the vessel or remove the outboard motor; and

(7) The date of the inquiry of the National Crime Information Center and any statewide Missouri law enforcement computer system to determine if the vessel or outboard motor has been stolen.

5. The department of revenue shall notify the person who towed the vessel or removed the outboard motor of the name and address of the owner and any holder of a recorded security interest in the towed vessel or outboard motor. The notice shall be given within fifteen working days of the receipt of the towing report from the law enforcement agency.

6. Any person who removed a vessel or outboard motor at the direction of a law enforcement officer as provided in this section shall have a lien for all reasonable charges for the towing and storage of the vessel or outboard motor, until possession of the vessel or outboard motor is voluntarily relinquished to the owner of the vessel or outboard motor or to the holder of a valid security interest therein which is in default.

7. The owner of such vessel or outboard motor or the holder of a valid security interest therein which is in default may reclaim the vessel or outboard motor from the towing operator upon proof of ownership or valid security interest which is in default and payment of all reasonable charges for the towing and storage of the vessel or outboard motor. If the owner or holder of a valid security interest therein which is in default does not reclaim the vessel or outboard motor from the towing operator, the lien shall be enforced in the following manner:

(1) The lienholder in possession shall request the law enforcement agency which authorized the towing of the vessel or removal of the outboard motor to make inquiry with the National Crime Information Center and any statewide Missouri law enforcement computer system to determine if the vessel or outboard motor had been reported stolen and in whose name the vessel or outboard motor is registered;

(2) The lienholder in possession shall notify by certified mail, postage prepaid, the owner and any lienholders of record, at their last known addresses, that application for a certificate of title shall be made unless the owner or lienholder of record makes satisfactory arrangements with the person holding the vessel or outboard motor for payment of towing and storage within thirty days of the mailing of the notice;

(3) Thirty days after the notification form has been mailed and the vessel or outboard motor is unredeemed and no satisfactory arrangement has been made with the lienholder in possession for continued storage, the lienholder in possession may make application to the department of revenue for a certificate of title, salvage certificate of title or junking certificate, as appropriate, if the towed vessel or outboard motor is titled in Missouri. The application shall be accompanied by:

(a) The original or a conformed or photostatic copy of the written report of the law enforcement officer authorizing the tow or removal;

(b) An affidavit of the lienholder in possession that the lienholder has been in possession of the towed vessel or outboard motor for thirty days and that the owner has failed to make arrangements for payment of towing and storage charges;

(c) A copy of the receipt indicating that the owner or lienholder of record has received the notice required by subdivision (2) of this subsection or that the notice was unclaimed;

(d) An inspection certificate on a form provided by the department of revenue, which shall be completed by the officer who authorized the tow or removal of the vessel or outboard motor. If the officer who authorized the tow or removal is not available to inspect the vessel or outboard motor and complete the certificate, the law enforcement agency which authorized the tow or removal may designate another officer to inspect the vessel or outboard motor and complete the form. The inspection shall be made at least thirty days after the date of the towing or removal. The inspection certificate shall be dated to reflect the date of the inspection; and

(e) A fee of ten dollars.

8. If a certificate of title was not previously issued in Missouri on the towed vessel or outboard motor, the lienholder in possession of the vessel or outboard motor shall obtain ownership verification from the state in which the boat or outboard motor was last registered or titled, if known. If the lienholder is unable to determine the last known state of issuance of a certificate of title or registration, the lienholder shall request ownership verification through any available nationwide network of vessel or outboard motor records and shall notify the last owner and lienholder of record. The lienholder in possession, upon notification of the last owner and any lienholder of record, shall comply with subsection 7 of this section before a certificate of title, salvage certificate of title or junking certificate is issued.

9. If the director of revenue is satisfied with the genuineness of the application and supporting documents, the director shall issue the requested certificate of title, salvage certificate of title or junking certificate.

10. Towing operators who tow or store vessels or outboard motors pursuant to the provisions of this section shall keep a record for three years on each vessel towed or outboard motor removed and not reclaimed by the owner of the vessel or outboard motor. Such record shall contain a copy of the law enforcement officer's authorization to tow or remove, copies of all correspondence with the department of revenue concerning the vessel or outboard motor, and information concerning the final disposition of the vessel or outboard motor.

11. Except for the provisions of subdivision (3) of subsection 1 of this section, this section shall not apply in municipalities or counties having ordinances regulating the removal and sale of vessels and outboard motors. Municipalities or counties having such ordinances shall file a copy of the ordinances with the department of revenue. Notwithstanding any other provisions of law to the contrary, any municipality or county that sells an abandoned vessel or outboard motor in accordance with a local ordinance may transfer ownership by means of a bill of sale signed by the municipal or county clerk or deputy and sealed with the official municipal or county seal. Such bill of sale shall contain the year, make, model and complete manufacturer's identification number of the vessel or outboard motor and shall be lawful proof of ownership for any dealer registered under the provisions of Missouri law or for any other person. Any dealer or other person purchasing such a vessel or outboard motor from a municipality or county shall apply within thirty days of purchase for a certificate of title, salvage certificate of title or junking certificate.

12. As used in this section, the following terms mean:

(1) "Junk vessel or outboard motor", a vessel or outboard motor which is incapable of operation or use upon the waters of this state and has no resale value except as a source of parts or scrap, and shall not be titled or registered, except that a junking certificate may be issued for such vessel or outboard motor in the same manner and for the same conditions as junking certificates are issued for vehicles under section 301.227, RSMo;

(2) "Salvage vessel or outboard motor", a vessel or outboard motor which, by reason of condition or circumstance, has been declared salvage, either by its owner, or by a person, firm, corporation, or other legal entity exercising the right of security interest in it, or by an insurance company as a result of settlement of a claim for loss due to damage or theft; or a vessel or outboard motor, ownership of which is evidenced by a salvage title issued for such vessel or outboard motor in the same manner and for the same conditions as salvage certificates of title are issued for vehicles under section 301.227, RSMo.]