(a) Short title. This Chapter is known as “The Vehicle Recovery Act.” (b) Scope. This Chapter applies to any tow companies responding to a police tow request for any participating police department, police employee, or authorized agency in Montgomery County when the officer or employee is acting within an official capacity.

In this Chapter: Chief means the Chief of Police or a designee. Department means the Montgomery County Police Department. Impounded vehicle means a vehicle towed and stored at the direction of a Montgomery County police officer, police employee, or code enforcement specialist from the County’s Abandoned Vehicle Section. Participating Agency means a county, federal, state, or city agency or municipality in Montgomery County that has entered into a Memorandum of Understanding with the Montgomery County Police Department, agreeing to abide by the Executive Towing Rules and Regulations. Police tow means a non-consensual tow. This is a tow constituted when a Montgomery County police officer or employee, or a police officer or employee from a participating agency, requests a tow truck and directs the tow. Redemption area means an area or building where a vehicle owner may pay any charges necessary to redeem a vehicle. Storage site means any land or building used by a towing service to store towed vehicles. Towing company means any individual, partnership, corporation, association, or other entity authorized by the Chief of Police to tow and store vehicles at the direction of a police officer or police employee. Vehicle means a device that is able to transport persons or property on a public highway and is required to be registered pursuant to Title 13 of the Transportation Article of the Annotated Code of Maryland, as amended. Vehicle Owner means the person or persons in whose name the title to a vehicle is registered.

(a) Redemption of impounded vehicle. (1) Redemption by owner. To redeem an impounded vehicle, the vehicle owner must present the following to a towing company: (A) either: (i) a U.S. or state government-issued photo identification; or (ii) a consular registration card from any country approved pursuant to Section 2-5 of the County Code; and (B) proof of current vehicle registration or current temporary registration card issued to a permanent or metal registration plate. (2) Redemption by authorized agent. (A) If the vehicle owner is not present, an impounded vehicle may be released to an individual who is not the owner, but who demonstrates that they are authorized by the owner based upon presentation of: (i) a notarized letter signed by the owner authorizing release and custody of the impounded vehicle to the named individual; or (ii) a letter from an insurance company, lienholder, or rental car company that indicates the named individual is entitled to custody of the impounded vehicle. (B) In lieu of a letter under paragraph (2)(A), an impounded vehicle may be released to a family member or household member of the owner upon presentation of: (i) a photo identification issued by: (a) the U.S. or state government; (b) a foreign government; or (c) a valid nonprofit organization registered in the state of Maryland; and (ii) at least one form of documentation reasonably establishing shared residence or familial relationship, which may include: (a) a utility or service bill, deed, mortgage statement, or current lease agreement that has the same residential address as shown for the registered vehicle; (b) a birth certificate establishing a parent-child relationship; (c) a marriage certificate; or (d) other documentation deemed sufficient by the towing company, consistent with County regulations. (C) Indemnification. A towing company must require, as a condition of release to a person who is not the vehicle owner or secured party, execution of an indemnification and hold harmless agreement. The agreement must offer indemnity by an individual who is not the vehicle owner or a secured party for the benefit of the towing company on a form prescribed by the Department, and the agreement must include indemnification for any claims brought against the towing company by the vehicle owner or the secured party in connection with the release of the impounded vehicle. Such indemnification must not extend to claims arising from gross negligence or willful misconduct of the County or towing company. (D) Prohibited conduct. An authorized agent of a vehicle owner or secured party must not: (i) falsely state that the owner authorized the release of a particular vehicle; or (ii) provide any false or fraudulent information in connection with redemption. (b) Enforcement. A violation of this Chapter must constitute a violation subject to enforcement under Section 30C-12 . (c) Regulations. The rules and procedures of this Chapter related to police towing are set forth in COMCOR 30C.00.02 {Executive Towing Rules and Regulations}.