1. (a) A traffic enforcement officer who observes a violation of this part, or who obtains proof of a violation through the use of an automated photographic or video traffic enforcement system, may cause a motor vehicle operated in violation of this part to be towed and impounded at the registered owner’s expense as follows:

   1. (1) On a first violation, for a period of 10 days.
   2. (2) On a second violation, for a period of 20 days.
   3. (3) On a third or subsequent violation, for a period of 30 days.
2. (b) The traffic enforcement officer making the impoundment shall direct an approved towing service to tow the vehicle to the garage of the towing service, storage lot, or other place of safety and maintain custody and control of the vehicle for the required amount of time. Thereafter, the registered owner or authorized agent of the registered owner may claim the vehicle by paying all reasonable and customary towing and storage fees for the services of the towing company. The vehicle shall then be released to the registered owner or an agent of the owner.
3. (c) Any towing service or towing company removing the vehicle at the direction of a traffic enforcement officer in accordance with this part shall have a lien on the motor vehicle for all reasonable and customary fees relating to the towing and storage of the motor vehicle. This lien shall be subject and subordinate to all prior security interests and other liens affecting the vehicle whether evidenced on the certificate of title or otherwise. Notice of any sale or other proceedings relative to this lien shall be given to the holders of all prior security interests or other liens by official service of process at least 15 days prior to any sale or other proceedings.
4. (d) Subject to the requirements of this part, the provisions of Chapter 13 of Title 32, relating to the impoundment and sale of abandoned motor vehicles, shall apply to any person in possession of a motor vehicle impounded pursuant to this section.
5. (e) Notwithstanding anything in this part to the contrary, a person who is adjudicated to have not committed a violation of this part shall not be required to pay any reasonable and customary towing and storage fees for the services of the towing company. All reasonable and customary towing and storage fees shall be paid to the towing company by the governing body employing the traffic enforcement officer who directed the vehicle to be towed as required by subsection (b).

(Act 2023-171, §4.)