13 AAC 02.345. Officers authorized to remove vehicles

(a) If a vehicle is in violation of the provisions of secs. 340 - 372 of this chapter, or is left on a roadway or under circumstances which obstruct the normal movement of traffic, a police officer may move the vehicle, or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway or to a safe place on the roadway.

(b) A police officer may impound and remove to a place of safety a vehicle which

(1) is found in the state and which has been previously reported stolen or taken without the owner's consent;

(2) is found or operated on a highway or ferry facility without license plates or other evidence of registration or which evidence is false with respect to that vehicle;

(3) is found or presumed to be abandoned as provided in AS 28.11.020 , except that a vehicle is not considered abandoned if left standing or parked in excess of the time specified in AS 28.11.020 when the owner or driver of the vehicle has given notice to a municipal police department, if the vehicle is located within a municipality, or to the nearest office of the Alaska State Troopers, specifying the circumstances which require standing or parking in excess of the time specified in AS 28.11.020 , and the provisions the owner or driver is making to remove the vehicle; or

(4) is found to be in violation of 13 AAC 02.340(d) (1)(K) upon a state controlled or designated parking area.

(c) When a police officer arrests and detains the driver of a motor vehicle the officer shall impound and remove the vehicle to a place of safety; however, the officer shall inform the driver that he may elect to have another immediately available person, who is legally licensed to drive a motor vehicle, drive or otherwise remove the vehicle as the driver directs. The driver may designate the nearest available garage or tow car operator of his choosing to remove the vehicle. If the driver does not so indicate, the officer shall make the arrangements necessary to remove the vehicle.

(d) When a vehicle is impounded and removed from a highway or elsewhere at the discretion of a police officer, the vehicle shall be removed to a place of safety. The owner or driver may claim the vehicle by securing a written release for it from the police officer or agency ordering its removal. A vehicle legally removed or impounded may not be released to the owner, nor may the owner secure its use until the release for it is certified by the officer or agency directing its removal. The expense for the removal and storage must be paid by the owner or driver of the vehicle.

History: In effect before 7/28/59; am 12/15/61, Register 3; am 8/10/66, Register 22; am 12/31/69, Register 31; am 6/28/79, Register 70; am 10/2/92, Register 123

Authority: AS 28.05.011

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